Dubioz Don

LENNY KRAVITZ ON MICHAEL JACKSON

2009-06-26T11:14:00.000+08:00

Here's Lenny Kravitz's thoughts on Twitter in case you're not following him there at http://www.twitter.com/lennykravitz:

There will never be another talent like Michael Jackson. Many people are saying what a performer, what an icon. How many Grammy’s he won. How Thriller was the biggest selling album in history. They speak about the controversy and countless other things.

But the truth of the matter is he was a boy that God blessed with the most angelic voice. Just listen to an early Jackson Five album and listen to that voice. The purity, the feeling, the interpretation of the lyrics. At the age of ten, he was on par with James Brown and Aretha Franklin. But the thing he had that they could not match was the fact that he was a child. But at the same time he sang as an adult.

That line between child and experienced adult took his expression to an unmatched level. I heard somebody on the BBC news tonight say that he was a great singer but didn’t have feeling like James Brown. That somebody is not listening carefully. As a child he did it all.

Even if he had not done Off the Wall or Thriller, he would still be a genius in my eyes. I got to work with Michael on a track that has not been released and it was the most amazing experience I’ve had in the studio. He was funny. Very funny and we laughed the whole time.

I also saw what a beautiful father he was. He was a beautiful human being. I am deeply saddened this evening.

He was the first live performer I ever saw. I got to see him at Madison Square Garden when I was eight. If not for him, I wouldn’t be doing what I’m doing. He gave me joy as a child and showed me the way to go. He was music. Period. His hugeness as a star was great but before he was the King of Pop,he’d said it all. May you rest in peace sweet Michael. You gave us all you had to give.

Lenny

SOLID, FREE, INTERNET SECURITY

2009-06-21T09:34:00.001+08:00

Okay, I'll admit I got lazy posting here, and it's not because of Facebook. It's because of Twitter. I find the idea of microblogging, just firing off a few words instead of writing several paragraphs appealing since a few words don't take that much brainpower to compose. Follow me if you've got a twitter account.

Today I decided to share some advice I gave a twitter buddy: how to get the best internet security products for free. Yes, completely, absolutely FREE. And I'm talking about the VERY best, well, okay, maybe toned down versions, but nonetheless, good enough to keep the average PC user's computer safe from all the bad malware that's out there.

A security suite consists basically of three products: An antivirus, an antispyware program and a good firewall.

Let's start with the firewall because this should be no surprise to anyone who's serious about internet security, arguably the best of the bunch is COMODO's free firewall. Surf over to COMODO's site, however, and you'll find that the standalone version has been discontinued and you'll be forced to download a huge installer for both COMODO's firewall and antivirus. Have no fear, though, once you run the install, you can choose to install only the firewall, so go ahead and download the dang thing. I don't recommend installing the antivirus, but make sure you install something called Defense +.

An alternative to COMODO is the free edition of Agnitum's Outpost firewall but I find it slows my computer down significantly. If you've got a fast system, though, it might come down to a preference on the user interface.

Now for the antispyware. Did you know you can get a free version of PC Tool's Spyware Doctor? You won't find the free version at PC Tool's website but if you look for Google's Google Pack you'll find that the starter edition of Spyware Doctor is included. Choose whatever else you want to install but make sure you get Spyware Doctor. Once you've installed it, go to the settings and turn on rootkit scanning.

Finally the antivirus. Hmmmm.... okay, while the two previous products have been consistently at the top of their reviews, I'll have to admit you can't get Kaspersky or G Data for free (legally).

However, Avira Antivirus has topped AV-Comparatives' on demand-scanning test for removing the most viruses and has been given the same overall rating as one of my favorite paid antivirus programs, BitDefender. Avira only earned minus points for the number of false positives it found, but I say hey, for a free product, I'm willing to suffer some false positives. The only problem for most users is the nag screen of its free version that pops up whenever you go online encouraging you to go paid.

Compared with my other favorite free antivirus (avast!), Avira works better with Spyware Doctor because it gives you the option of NOT installing its own antispyware and antirootkit engine. Spyware Doctor does a much better job at doing that so choose NOT to install the antispyware and antirootkit technologies of Avira.

There you go, a top of the line, FREE, security suite that works on XP 32 bit, Vista 32 and 64 bit.

Waitaminit! Am I not an XP x64 fan?

Okay, you got me there. I only use COMODO with a paid version of Sunbelt's VIPRE antivirus + antispyware. However, for those XP x64 users who don't want to pay for their security programs, I've found avast! to be a still solid product. Although avast! bundles its own antirootkit and antispyware capabilities, I'd still pair it with Lavasoft's Ad-aware Millenium edition, which is still better at removing spyware than avast! Note that avast! doesnt' give you the option to disable its antispyware. Not as ideal a combo as the one I suggested for other systems, but still good enough if you want to get your security for free.

Some recommend installing the COMODO's antivirus with its firewall but I still think the jury's still out on that. Nevertheless, you have some really good choices if you don't want to pay for internet security. Be aware that except for COMODO, all the software mentioned is FREE only for personal use.

Dew on Gumamela

2009-03-07T05:16:00.001+08:00

Dew on Gumamela
Originally uploaded by Dubioz Don

Although I don't seem to have been taking photos of anything else lately, I found the gumamelas wet with dew this morning. *snap*

ON FAMILY COURTS

2009-03-07T04:53:00.001+08:00

I witheld any comment on what I think about the assassination of Prosecutor Osorio, although I would like to express my sympathies to his family. I'm just glad to be playing a much smaller role than I used to in a justice system that I already felt suffered from an abject lack of civility, and now seems to have degenerated further into some semblance of the old wild west.

I was just taken aback that anyone, including his own boss, could immediately conclude that Prosecutor Osorio did not handle any controversial cases because he was assigned to a Family Court. (Legally, there are no Family Courts yet, just Regional Trial Courts designated to act as such).

The term "Family Court", of course, is partly to blame. To paraphrase a judge from the Aussie/NZ region, "it sounds so civil, but in reality, it handles the most vicious of cases."

"The Australian", in a story about the courts and cuckolds, stated quite aptly, "We all know that in the Family law situation, it is not just an ordinary case that involves money, it is often a case that involves a lot of emotion."

What courts, then, other than Family courts, would have a docket riddled with so many subjects of controversy? Battles over family fortunes, custody of children, status of marriages, even the fate of minor prostitutes, all provide a fertile breeding ground for the hate, resentment and passion that could lead to murder.

Taken in this light, it is hard to think of an assignment, whether as judge, prosecutor or public attorney, to the family court as a fortunate one.

Indeed, it is in family courts, that ironically, families are torn apart. Disfamily courts, anyone?

ON AGE

2009-03-01T06:29:00.000+08:00

An SMS exchange:

OM1: I regret to inform you that my doctor has advised me against playing for at least a couple of weeks, so I will be unable to join you in the court this weekend. I have to rest my back and knees.

OM2: Watup wit the back? I only know about your knees.

OM1: An old familiar back pain returned during our game yesterday. If you recall, I cringed in pain after a brief bench rest and I hardly ran on the court.

OM2: Well, you take your time. As we get older, our bodies heal slower.

OM1: Dat's pretty reassuring.... waaaah! Difficult for me to accept me age!

OM2: Don't worry, as you get older, acceptance becomes inevitable!

"Resistance is futile. You will be assimilated." -The Borg

OM1: Argh! How ryt you are! Thanks, DON!

THE LEGACY

2009-02-18T15:57:00.000+08:00

As the rural banks affiliated with the Legacy group declare an extended bank holiday, I can't help but say, "I TOLD YOU SO!"

My first encounter with the Legacy group came when they sponsored a meeting of REALTORS(R) and they started selling their products with sweet words like, "You can buy a house/car, and after all your payments are made, you get 100% of your money back!"

This prompted comments like, "Too good to be true!" and "This reminds me of my investment in Pacific Lenders!"

To those who sought my advice, I always told them that any business has a profit motive and I simply don't believe that they could run their business without that most basic of all business motives. To many, the advice came too late.

Oh well, to those who managed to invest early and get all their money back, congratulations! But to the depositors of these rural banks and the more recent investors in Legacy, I hope you manage to overcome this challenge in the worst possible economic climate.

LET'S LEARN JUDO

2008-10-09T09:39:00.000+08:00

So Vladimir Putin has launched an instructional video on Judo. And the former Prime Minister of Thailand was sacked for showing his culinary skills on a cooking show?

Well, why shouldn't we let world leaders show off their non-political skills? Why limit them to the staid and stogy? I say let them show off what else they can do other than lead a country.

Other instructional videos we'd like to see:

1. How to Overcome your Height Disadvantage and Get Your Dream Job - Gloria Arroyo

2. Voodoo for Dummies - Jean Claude Duvalier

3. How to Keep Fit and Enjoy Your Beer - George W. Bush

4. You Can Be a Party Animal in College and Still Be President of the United States - George W. Bush

5. Guide to Airport Bathrooms - Boris Yeltsin with a foreword by U.S. Senator Larry Craig

6. Brainwashing for Beginners - Kim Il Jong

7. How to Survive a Breakup and Find New Love - Nicolas Sarkozy

8. Legal Handbook on Eviction - Dmitry Medvedev

9.Cooking With Substitutes - Hu Jintao

And, wait for it.... this is the one the men are waiting for....

10. How to Pick Up Chicks by Bill Clinton

CAPITALIST HEAVEN

2008-10-05T18:39:00.000+08:00

Bored at the wake of a friend's father, I decided to tour the funeral parlor to see if anyone else I knew was off to the great beyond.

I spot a counter, and intrigued by stacks of what look like money, I decide to take a closer look. Sure enough, money it was, bundles and bundles of money, in amounts you're unlikely to see in your bank account during your lifetime. Only this was the kind of money people burn to send off a loved one to make sure he has enough of it to lead an exorbitant lifestyle in heaven. "Gee", I thought, "Some people really believe you can take it with you."

But it got me thinking, what if you really needed cold hard cash in heaven? I went to bed with this thought in my head.....

I arrive at the pearly gates where Saint Peter is waiting for me. The gates are surrounded not by angels but by ordinary souls like me. For some reason, they're not in a hurry to get in line and just seem to be, well, loitering.

"That will be One Million Divinars." (the heavenly currency). Naturally, being a Catholic, my friends neglected to burn me up some moolah.

"But I don't have that kind of money!" I tell Saint Peter. "I didn't know you had to pay for admission to heaven!"

"That's alright." St. Peter tells me. "Sign here and here." And he hands me some legal looking documents.

"This is for a loan", I say, "for over five million divinars. Am I paying for more than the cost of admission?"

"Where do you think you're going to live in heaven?" retorts the guy with the keys. "We're going to get you a house."

"A house? How the heck am I going to pay for that?"

Saint Peter tells me not to worry. "Don't fret, the miminum wage here in heaven is quite considerable. You'll get a job soon. And because we're giving you forty years to pay for your loan, why, you would still be productive then and able to continue to make payments, even though your loan is at a subprime rate. Not too bad a deal to get your own slice of paradise, eh? And you came just in time, heaven is currently full of cheap homes."

St. Peter has got me convinced, and I am about to affix my John Hancock when curiosity gets the better of me. "St. Peter, who are those people just hanging around the gates?"

"Oh, don't worry about them. They're not going to bother you. They're the reason the homes in heaven are so cheap now. Some of them got sick, some of them lost their jobs. Most of them just couldn't make the payments on their homes because they spent their money on unnecessary things, like food, clothing, education... who needs that in heaven?" *wink* *wink*

I look beyond the gates and see some beautiful palatial homes. "Is my house going to look like that?"

"Oh, heavens, no! Those belong to the people who are giving you the loan. Those are really great folks, them bankers. They give you money to buy your house, which you only have to pay for all your life, and the only guarantee that you'll pay is your house itself!"

"So if I can't pay, they kick me out of my home?"

"Well, only if you can't pay."

"But if enough people can't pay, they lose money too?"

"Oh, that's what the Big Guy's for. To bail them out in case too many borrowers don't pay their loans."

"And these people around the gates? Is anyone going to bail them out?"

St. Peter struggles for an answer, "Uhhmmm, ahmmmm......"

I wake up in a start and begin writing an e-mail to my friend.

"Should I croak before you do, there's this little counter at the parlor....."

OUTPOST TOPS LATEST LEAK TESTS

2008-07-09T19:17:00.000+08:00

Equilibrium has been restored! To get the best firewall, you have to pay for it!

Bringing back sense to the adage that, "You get what you pay for.", Agnitum's Outpost Firewall has topped the latest leak tests from Matousec. No more free ride from COMODO firewall.

Outpost is a firewall that I've personally tried several times, being one of the first firewalls compatible with Windows XP x64. For one reason or another, though, I've always ended up uninstalling it, even though it had two things working for it:

First, it had a reasonably good anti-spyware module to help beef up the woefully inadequate anti-spyware capabilities of my BitDefender antivirus (I hate those all in one security suites). Second, like BitDefender, it has a "game mode", that makes the two of them an ideal combo for a gamer like me. Unlike BitDefender, though, Outpost detects when a full screen application is running and switches modes automatically.

I had to uninstall the 2008 version, however, when I noticed my puter significantly slowed down after a few minutes on standby, an unacceptable intrusion on my gaming experience.

Agnitum promises a firewall that takes up fewer resources with the 2009 edition, however, and yes, they did it right this time. My computer's fans no longer suddenly start spinning faster when on standby nor does the firewall take up valuable resources needed for gaming.

Looks like Outpost Firewall 2009 is a winner!

CODEMASTERS WINS RIGHTS TO MAKE F1 VIDEOGAMES

2008-05-10T06:03:00.000+08:00

Here's something that appeals to both the geeky puter nut and the motor enthusiast in me: Codemasters has won the rights to produce Formula One video games.

Codemasters is the same company that made Colin McRae: DiRT, so unlike SONY, that produced F1 games only for the PlayStation, we should see an F1 game for the PC once again. The last PC version was EA Sports' F1 2002.

I might be able to put that steering wheel to good use again. I hope they make a 64 bit version.

XP SP3 FINALLY RELEASED

2008-05-08T20:15:00.000+08:00

Windows XP's final service pack has finally been released. After encountering a final delay that doesn't involve you and me (unless you own a Windows embedded cash register), the much anticipated update is yours to download.

Because the bug is not likely to affect most users, the service pack had already been available for download previously from Softpedia and other download sites with the appropriate warning. Suspicions were raised that Microsoft sought to delay the release one more time so as to force Windows users to consider upgrading to Vista, but that was apparently only idle speculation.

For many users, this will be the last version of XP, maybe even of Windows, that they will use.

WHY MAC WILL NEVER OUTSELL PC

2008-05-07T06:47:00.000+08:00

A couple of days ago, I found out why Macs will NEVER outsell the trusty old PC (although the distinction between Macs and PC becomes more and more blurred).

I'm in the market for a notebook with a modest budget: P40,000.00 is all I can spare. But even at that price, I've been shown LOTS of notebooks with all the features I could possibly need. I even get a discount if I don't include Windows and am more concerned with compatibility with my spare copy of XP x64.

The last PC store I was at happened to be next to the Mac store in Ayala, and since my wife happened to be with me, she said, "Let's go see".

So first thing I do is ask the attendant, "What can I get for 40k?" And he answers, "You can't. The least expensive Macbook is a little over P60,000.00."

When I ask to see it I am shown an ugly black brick that looks nothing like the nifty Macs in the ads. I never thought I would say this, for the one thing I like about Macs are their looks, and this one was uglier than ALL the PC notebooks I had seen.

My wife asks to see the new Macbook "Air". We were brought to another attendant who was manning one at the counter. Now while the "Air" is absolutely beautiful and will fit in a Manila envelope, it comes in at just under 100k. More than a little over budget. Plus, the attendant's answers were short and curt, as if he was busy doing something with the Mac. I look at the screen, and he's only browsing the Yahoo website.

I ask him, can I get an Office Suite with that? And he says, "No, you have to have it installed here unless you get an extra drive. And that's MICROSOFT Office 2008 Home and Student edition."

I think, MICROSOFT? Why bother? Here I am, a PC user with my mind open about leaving Microsoftware, and the MAC dude wants me to pay for MICROSOFT OFFICE? Didn't he even hear about OpenOffice?

I shake my head and realize the whole exercise is pointless. Again, twice the price for half the power still isn't worth it.

TISOY MAIL BRINGS YOU ONLINE STORAGE!

2008-05-04T23:07:00.000+08:00

On May 21, 2008, Tisoy Mail will mark another milestone when it brings you online storage!

Tisoy Mail! is the longest lasting Filipino e-mail provider having been in the business for over ten years. Now, Tisoy Mail will let you share files, edit documents and invite collaborators directly from the Web Mail interface.

Tisoy Mail! is one of the leading e-mail innovators, having provided the more secure IMAP protocol long before Gmail introduced the same service. With online storage, Tisoy Mail! leapfrogs the competition once again!

Get an account now at http://www.tisoy.com !

KUBUNTU 8.04 WITH KDE 4.0

2008-04-25T20:50:00.000+08:00

The much awaited Kubuntu 8.04 with KDE 4.0 has been released together with its twin, Ubuntu 8.04.

While Kubuntu is a variant of Ubuntu, there is more excitement about the release of Kubuntu because of KDE 4.0, the latest version of the K Desktop Environment. Among the upgrades to version 4.0 are the ability to add gadgets directly on the desktop, much like Google's and Vista's sidebars. This is a major visual upgrade for Kubuntu while Ubuntu (except for some nifty new desktop wallpaper) looks virtually the same.

Both of them, though, feature the "compiz fusion" desktop that puts Windows Vista to shame.

Already the demand for the KDE 4.0 version is so high that it has become impossible to download them from the usual "Europe" and "England" locations. As of this writing, a third "German" link was added.

If you're tired of paying a premium for your operating system and office software, now is the time to try some of the easiest and friendliest versions of Linux (though you might want to wait a couple of days due to high demand, I can hear their servers creaking under the weight). Ubuntu and Kubuntu remain completely free.

WINDOWS ABOUT TO COLLAPSE?

2008-04-21T20:48:00.000+08:00

There are an increasing number of signs that in the PC world, Windows is NOT the future. In its most recent poll, Sunbelt-Software, which makes software EXCLUSIVELY for Windows, asked the respondents, "Is Windows Collapsing?" The result: 57% answered, "If they don't make some radical changes, they will."

The result is astounding, but it reflects an increasing confidence among PC users that they could do very well without Microsoft in their future, thank you.

Part of the reason, of course, is the increasing popularity of Linux. It is difficult to put a finger on how many computers actually have Linux installed because software use has traditionally been measured by sales, and the most popular brands of Linux are free.

However, the package handlers at the post office no longer raise eyebrows whenever a recipient picks up his copy of Free Ubuntu. If you browse the forums over at istorya.net, you will find a lot of Cebuanos have already moved over to Ubuntu and its twin brother, Kubuntu. My daughter's school has changed their operating system from Windows to Edubuntu, thus ensuring that future graduates will be more familiar with Linux than with Windows.

The big surprise, though, was that PC World's latest issue featured Linux replacements for Windows programs as the lead story. Commentators on the radio show of its rival, PC Mag, stated on air that their recommendations to Microsoft for improving Windows have finally been fulfilled, by Ubuntu.

Already, Linux users using the KDE interface are eagerly awaiting the latest versions of their favored brand of Linux that will offer KDE 4.0. Version 4.0 is a major tweaking of the interface that features better graphics. Many have been so impatient that they decided to install the beta previews, bugs notwithstanding. If you download the latest version of FREE openSUSE, you will find an incredibly polished implementation of KDE. Of course, SUSE benefits from being the leading commercial brand of Linux, having released a free version only when Ubuntu came along.

So as a diehard Windows fan, do I think Windows is going to collapse?

I am watching for two signs that will confirm that it will. The first is that Adobe will release native Linux versions of its popular Photoshop. The second, that the most popular games will be playable in Linux.

Disney has reportedly jumped the gun and is running Photoshop on Linux using the Windows emulator WINE. As for games, you can already run the latest version of Quake on Linux WITHOUT any emulator at all. What will happen when a major distributor like Steamgames jumps on board the Linux bandwagon?

Let's just say I cast my vote with the 57%.

AN OPEN LETTER TO BILL GATES

2008-03-31T22:24:00.000+08:00

Dear Mr. Gates:

I write to you as a long time fan of Windows, no, not just XP, Windows. I have been a fan of Windows since version 3.0, when I proclaimed to all my friends that the future was Windows, and everyone better drop their DOS applications and find Windows based equivalents.

I know you are no longer CEO, but it's hard to imagine that Stevie won't jump when you snap your fingers.

Listen, Bill, just as I predicted then that Windows would soon be the leading environment and eventually operating system, I am afraid I see nothing less than the demise of Windows. Yes, the DEATH of Windows. And all because you wanted your youngest daughter, Vista, to do everything.

You didn't listen to one little beta tester (me) when he told you that you should develop Vista as an exclusively 64 bit operating system and leave 32 bit with XP. Maybe it's time you listened to user feedback. Apart from developing several versions of Vista, your software engineers, not to mention those from third party developers, now have to divide their efforts between 32 bit and 64 bit Vista.

Did you really expect owners of 32 bit computers to enthusiastically shell out for something silly called Vista Basic? On the other hand, was your vision of the future one of owners of 64 bit computers using only half their pc's capacity because they preferred to use the 32 bit version of Windows? What has thou wrought upon us, Mr. Gates?

The Microsoft I knew circa Windows 3.0 was a company that was not afraid to take the forefront in technology, heck, we all know the old Microsoft would steal it if it could. But today's Microsoft is a company that wants to straddle the fence and leave one foot in the past.

It's time you decided to plant both feet firmly in the future. The answer is staring you in the face: END SUPPORT FOR 32 BIT VISTA WITH SP1. From now on, proclaim that only the 64 bit version of Vista will be further developed. Kill off Vista Basic and Business and sell only Vista Home Premium and Vista Ultimate. Most importantly, drop the price of Home Premium to that of Basic and Ultimate to that of Business.

Will current owners of Home Premium and Ultimate let out a howl? Of course they will, but you could always make them happy by offering discounts on Office 2007. Or give them a copy of XP.

And how about 32 bit users? No problem. Continue supporting XP until everyone has a 64 bit PC, or at least, until all third party vendors have come up with 64 bit versions of their software. XP is nice & mature and with all the fixes over the years, a relatively stable operating system. It's a heck of an operating system. Certainly you should have noticed that by now from the sheer number of users who refuse to leave it for Vista. And the interface and eye candy can still be improved. Witness the Zune and Royale (Bliss 2) desktop themes, Aeroflip for XP, Transparent taskbar and even *gasp* Google sidebar for XP.

If you continue to threaten XP users with "end of support" announcements, you're only going to make them jump, and they're not going to jump and buy an expensive copy of Vista, they're going to jump to FREE Linux. Even you will admit, that Linux has always been a more stable operating system than Windows, and that Windows only had the edge in user friendliness, an edge that has all but now disappeared. One day, I just popped an Ubuntu Linux CD in my office puter, and, unlike Windows, I HAVE NEVER HAD TO TWEAK WITH THE OPERATING SYSTEM SINCE.

Maybe them open source guys are on to something?

Maybe you should get a copy for yourself?

All I'm saying, Bill, is give your company some focus: 64 bit Vista for today's hardware and the future, and 32 bit XP to support Windows on old computers (and those new low end low cost puters like the Asus Eee as well). It will also help ease the pain of users and developers alike in moving over to the 64 bit world.

This is the vision Microsoft should have for the immediate future. Otherwise, the future will belong to Linux, and Windows will be fondly spoken of in the past tense.

Sincerely,

A loyal Windows user.

"If IBM had listened to consumers, OS/2 would be the leading operating system today."
"If Vista is the future, why is it 32 bit?"

CONGRATULATIONS, NEW LAWYERS!

2008-03-31T05:57:00.001+08:00

Congratulations to the new lawyers, particularly those from the University of Cebu, led by Atty. Christian Llido, who placed tenth, and of course from my alma mater, the University of San Carlos.

For UC, this is the second year in the row we have a lawyer in the top ten, thus, we can say that our school has always been in the top ten since Atty. Llido, et al. comprise our second batch of graduates.

The University of Cebu is not resting on its laurels. The practice court program has recently been upgraded. The Jessup Moot Court course (appellate and oral advocacy) will now be offered for the first semester, while the second semester features the leading trial court simulation program in the United States, adapted for Philippine use, of course. The program has a strong emphasis on the presentation of evidence.

The upgraded program should ensure that graduates of our school are not only capable of topping the bar, but are also effective trial practitioners.

FREE AGAIN!

2008-01-31T13:03:00.000+08:00

FREE AGAIN! Jan 31, '08 12:09 PM
for everyone

So that so many questions won't be asked, I'd like to confirm that, yes, I have left the government.

While there were so many reasons to leave, I finally decided to go on a matter of principle as some justices of the Supreme Court apparently have a different point of view of a certain piece of the law.

Before this turns into a scathing attack, allow me to end by saying THAT BASIC LAW IS SOMETHING YOU CAN STATE CLEARLY. Where there is no rule to deal with a specific situation, how can there be basic law?

Among those who agree that the way I handled a case was the ONLY LOGICAL thing to do UNDER THE RULES:

1. A former Supreme Court justice whose duties require him to be throughly familiar with the rule involved.

2. A senior Cout of Appeals justice who is known for his intelligence and integrity.

3. A Regional Trial Judge who has long been teaching Remedial Law and is considered an authority on it.

At least I can tell the difference between an ordinary civil action and a special proceeding.

There are advantages to being in the private sector though:

1. I can party hard again (as if I ever did, okay, party mild, but hard if I want to.)!

2. I can visit the casino again.

3. No one will raise eyebrows if I cruise the town at night.

4. I can pay attention to some businesses I've neglected while in the government.

Most of all, I get to spend more time with my daughter.

BEAUTIFUL TENNIS

2008-01-23T12:46:00.000+08:00

The women's semifinal cast of the Australian Open is complete and there's another reason for you to watch! This is by far the most beautiful assemblage of women in the semifinals of a Tennis Grand Slam in memory. Who's in?

Maria Sharapova-tennis' current "glamour girl". Shook the tennis world as a teenager when she won Wimbledon beating Serena Williams. The most bankable tennis player/endorsement model by far and not just because of her tennis.

Ana Ivanovic-boasts that she has the most viewed website among women tennis players. And for good reason: Although a Serb, she has a pretty face and nice tan complexion that could make her pass for a Filipina; A tall, strong Filipina.

Daniela Hantuchova-the erstwhile "next Ana Kournikova" (except she wins matches) until Maria Sharapova came along. Daniela's game has matured nicely over the years and she exhibited an iron will in demolishing another pretty Russian, Maria Kirilenko.

Jelena Jankovic-Currently the world no. 3, this pretty Serb (2 Serbs, 1 Russian and a Slovak? The Eastern Bloc HAS invaded), ousted Serena Williams in the quarterfinals. "JJ" looks set to take all the marbles in this year's Australian Open, if Sharapova doesn't.

Forgive me for being giddy all over. I intend to be a couch potato the next few days....

LIFE'S A B__CH!

2007-11-14T12:22:00.000+08:00

Curious about how a website I used to visit on my old cellphone was doing, I dropped by Ananova.com and came across this strange article;

MAN MARRIES DOG

A man in southern India has married a dog on the advice of an astrologer.

Selva Kumar, 33, tied the knot with a three-year-old bitch called Selvi to get rid of a curse for killing two dogs 15 years ago.

Within four days of killing the animals, Kumar started suffering from paralysis, reports the Mumbai Mirror.

Medical treatment led to no improvement so he saw a local astrologer who told him the curse would be lifted if he married a bitch.

The groom, from Avilakulam in Tamil Nadu, wore a white dhoti and shirt while the bride was dressed in a pink silk saree for the wedding ceremony.

The ceremony ended with Kumar tying the Hindu 'sacred thread' around the dog's neck and vowing to take care of his wife forever.

At the feast that followed, the groom fed his bride her favourite food - buns."

:-D And then you marry one....

FREE BURMA!

2007-10-04T05:07:00.000+08:00

SCIENCE!

2007-09-27T17:01:00.000+08:00

My daughter asked me to help her design a T-shirt for her Science Club and this is what I came up with.

She'll never forgive me....

Hey, all intellectual rights reserved. Send me a check if you want to use it.

BAR

2007-09-23T19:21:00.000+08:00

Catching the Sunday News story on the Bar exams, my wife asked me the reason for its unique name. After all, not every government administered examination has a special nickname all its own.

If you visit a properly furnished courtroom, you will notice that there is a bar that separates the public (the gallery) from the lawyers and the judge. This emphasizes that the public, while free to witness the proceedings, takes no part and should respect the trial process (mostly by remaining silent).

When one passes the Supreme Court administered examinations, he becomes a lawyer who is entitled to participate in his case and enter the area he was previously excluded from. Thus, he may be said to have "passed the bar". Hence, the "Bar Examinations".

Well, now you've learned two parts of a courtroom. Here are a few other parts:

The "Dock" - The area where prisoners are held while waiting for their case to be called. Usually a bench at the same side of the exit to help facilitate their escape.

The "Bench" - Where the judge sits, although called the bench, it is usually the most comfortable seat in the room. Surprisingly, the "bench" also includes his table.

The "Sidebar" - In early courtroom designs, the "bar" was usually "U"- shaped, so that it extended to the side of the bench where some of the gallery could actually sit. When a judge would call lawyers to confer on matters that were not fit to be made of record, he called them close to the bench in an area at the "side of the bar". It now refers to the area immediately in front of the bench where the judge and lawyers have their "sidebar" sometimes called a "sidebar conference".

BIG PAYCHECK

2007-08-19T10:41:00.000+08:00

I asked God to send me a big paycheck.

So He sent me a bunch of coffee, saying,

"STOP GOING TO STARBUCKS!"

THE EX

2007-08-12T14:27:00.000+08:00

Before we were married, I open one of her albums and find a picture of MY friend.

"What the heck's he doing in your album?"

"He used to be my boyfriend." Big laugh.

Fast forward to the future....

Turning left at a corner with my wife at my side, a bicycle cuts across our car's path. All of us, including the cyclist, are stunned. He gives us an astonished look, and then moves on.

My wife and I look at each other, then say in unison, "That was HIM!"

Second big laugh.

LOVE?

2007-08-04T09:46:00.000+08:00

"As you make your vows today, I also make my own vow to you!"

And so the writer, in the mad haze that he confused for that emotion we all crave, staked his claim on his beloved on her wedding day.

Would things have been different had he written instead:

"Today as you make your vows, I wish you all the happiness in this world. I hope he can give you what I could not, and that all your dreams are fulfilled."

THE SECRET

2007-08-01T07:11:00.000+08:00

THE SECRET Jul 28, '07 5:43 AM
for everyone

Philippine machismo requires that in his lifetime, the average Filipino male should drink a gazillion liters of alcohol. Among politicians, especially, this is a must, and proof of his electability is counted among the bottles of beer he consumes.

I must confess, however, that I do not have that problem. Give me enough beer and I just keel over.

Seriously, I am not able to consume alcohol in the prodigious amounts some of my friends do and confine myself, in large part, to the world of a mild social drinker's cocktails. I regret the nights I cannot control myself. Let's face it: Drunk is a bad state to be in. The next day's hangover even worse.

I even stopped dating a perfectly nice girl for the simple reason she could consume more beer than I could (and to this day she must be wondering why). My mistake, maybe she would have been... errr... nicer... had I let her drink more.

So it made me wonder, if you have to be an alcoholic to be a successful politician, doesn't that make us a country run by drunkards? A country beholden to the San Miguel Corporation?

Until I discovered the secret, unveiled to me by a politician at a party when the drinks were served.

"Here we go again!", he said, making me raise one eyebrow. Sensing my curiosity, he asked, "You know what I do when I find myself in situations where everyone is supposed to drink himself blind?"

I shrugged my shoulders.

He continues, "I drink the first bottle of beer, a little of the second, excuse myself to the bathroom, pour most of the beer out of the second bottle before returning to the table. I then repeat this procedure for every succeeding bottle making sure I take no more than a few sips from each."

I nearly gagged on MY beer. Now I know what to do.

~~~~~~~~~~~~~~O~~~~~~~~~~~~~~

Can you imagine the nerve of some people? At church, during mass, someone actually lit a cigarette, I almost dropped my beer!

Thanks for this joke, Verns!

ONE TRUE CHURCH

2007-07-14T05:47:00.000+08:00

Pope Benedict declares the Catholic church to be the "One True Church" and this elicits negative reactions?

With apologies to my non-Catholic friends, but isn't it basic for almost ALL religions, even non-Christian ones, to declare itself the one true path to salvation?

Why the negative reaction then? Catholics do have the same right as everyone to express their own beliefs, and like most any denomination, we believe that our Church is the one true Christian Church. Why hate us for teaching the same thing everyone else does? The pope's declaration pales in comparison to the many attacks I've heard against the Catholic Church over the years.

Still, I've been open-minded enough to accept that other denominations and religions simply see us in a different light, and that it's only fundamental that they believe themselves to be the one true religion as well. Catholics are even more remarkably tolerant in that they leave room for members of other denominations to go to heaven.

In contrast, I've heard preachers from other denominations declare that unless one "accepts God", a not too well-disguised euphemism for "joins our denomination" his soul is condemned to hell for eternity.

Please, Catholics do have the same rights as everyone else.

ALL BLACK

2007-01-31T03:05:00.000+08:00

What's with the color black? Black is a perfectly nice color for clothes, but not when people go all gaga over it.

Not too long ago, Cebu was black crazy. Perhaps taking a cue from the black NBA outfits (you have to admit, the black Chicago Bulls uniform was way cooler than the red), everyone was wearing black. Black was everywhere! On the street, in the classrooms. Black was, understandably, the dominant color at the party scene.

Well, Cebuanos managed to carry it too far.

After one night of hard gaming in the video arcade at the mall with my daughter. We looked around the corner to where the party places were to find a FLOOD of.... BLACK! It seemed like hell had taken over! From the perfectly delicious mini-dresses to the pretenders who just slipped on black t-shirts over their jeans (thus ensuring Cebuano's reputation for under dressing for a party), not a single soul seemed brave enough to wear another color.

Seeing a party hardy friend, I couldn't resist saying, and within earshot of at least a half-dozen similarly coiffed party goers, "Gee, everyone's in black. WHO DIED?"

I'd like to believe that's when Cebuanos started re-introducing other colors into their night life.

LAME

2006-07-08T12:37:00.000+08:00

Manny wins a warm-up fight, and he’s celebrated once again as a national hero? Come on, I’m a big Manny Pacquiao fan, but somehow, winning a warm-up fight isn’t exactly an achievement that merits an audience with the President to me.

I think it’s time to put things in perspective, Manny still isn’t world super-featherweight champion. He fought Larios only to prepare for a rematch with… Erik Morales, whom he beat badly last time out, and who isn’t THE champion either.

In other words, Larios was just homework for an equally meaningless fight.

Dang it, Manny, don’t you think it’s time you went for the real deal? Look at this guy in the picture, the one who wears the REAL championship belt. Not that “INTERNATIONAL” belt you wear that shows you’re king of the second level division. Doesn’t he look good in the picture, posing like a true champion deserving of that belt?

Say, didn’t you beat him already?

Look, Manny, a rematch with Erik Morales isn’t that important. It’s all about a lot of HOT AIR. Yours and his. You should be fighting for a real belt in your next fight. Call the promoters and postpone the Morales match. You should be fighting Marco Antonio Barrera.

Unless, of course, deep in your heart, you know your win against him was just a fluke, and you’re too afraid to fight him again.

Wouldn’t you know it? He says he lost to you because he, “wore the wrong kind of gloves.” When did you last hear that lame excuse?

EAT YOUR HEART OUT, VALENTINO ROSSI!

2006-05-08T20:36:00.000+08:00

My head is bigger than the wheels!
Originally uploaded by Dubioz Don.

Having seen a TV feature on this place, I dragged my best friend over to Talisay Funland to try out the sport Pocket Bikes.

The inherent difficulty of boarding such a tiny machine hit us the moment the attendants pulled out a couple of these pocket monsters for us to try. Pictures of clowns riding those tiny bicycles at the circus danced in my head. Since my friend grew up on motorcyles, I let him have first go. He got about 3 feet with his legs up in the air before he decided that wouldn't be a great way to go round the circuit.

Excitedly (can I even say that?), I grabbed the orange "Ninja" (hah!) and tried to ride it using the standard motorcycle posture. Needless to say, I couldn't get both feet on the footrests. You can forget the "easy rider" position as well.

So the attendant instructs me to keep my legs as wide apart as possible, and voila! I proceeded to enthrall anyone who cared with the spectacle of a grown man riding a motorcycle a quarter of his size!

After the usual "familiarization lap" at a new circuit, I cranked the accelerator up for a hot lap. I wish I could have pushed the bike to its limit, but the high curbs of the circuit looked like major trouble in case of a wipeout. No Max-X star do I wish to be. Besides, I didn't have the necessary kneepads to take the corners and there was this rather dangerous chicane with a downward slope that made the bike go faster even with my hand off the accelerator.

Having taken a too-long respite from racing go karts, I told the owner that the bikes would be great to race, but that the circuit wasn't ideal for that. She told me that they don't allow racing and that their circuit was purely for fun. Heck! Someone should tell her that racing IS fun!

Anyway, I'd like to take one of those babies to a circuit like Kartzone, where I'm not likely to break my ribs on a curb. But even if I don't get to do that, riding a pocket bike anywhere is still pretty enjoyable.

Would I do it again? Sure! I'd like to give Valentino Rossi something to worry about. :-D

ONLY IN THE PHILIPPINES

2006-05-08T20:32:00.000+08:00

Emmanuelle means "close to God"
Originally uploaded by Dubioz Don.

It could only happen in the Philippines. A VCD of "The Story of Jesus" being displayed together with three episodes of "Emmanuelle". The photo was taken at Odyssey in Ayala.

Reminds me of the story of a girl getting up early after a one night stand. Guy asks her why she's in such a hurry and she replies, "I have to go hear mass."

x64 DRIVER FOR THE EPSON STYLUS PHOTO RX510

2006-05-08T20:19:00.000+08:00

Users in the Philippines will go bonkers if they download the x64 drivers for the Photo RX510 from the Epson Philippines website. Turns out the "RX510" drivers are actually drivers for the U.S. equivalent, the RX500. Well... they DON'T WORK.

Since the RX510 is the Asian version, I looked up the Singapore and Hong Kong websites to find that Singapore had posted the same thing and Hong Kong didn't have any. I then left a message at the Hong Kong website asking about x64 drivers.

Thankfully, they responded quickly. The driver can be found at the Epson Australia website. I have half a mind to post them at TISOY.COM for easy access. Send me a message if you don't know how to get them.

x64 FREEWARE SECURITY APPS

2006-05-08T20:09:00.000+08:00

Browsing Windows related forums, I noticed that mixing the free versions of AVG Antivirus and ZoneLabs' ZoneAlarm Firewall had become a popular combination. Well, who can blame Windows users? Both do a decent job of what they're supposed to do, and more importantly, they're both FREE for the personal user.

But what about if you have Windows Professional XP x64 since neither of these two applications are native 64 bit?

I had hoped to install the upcoming commercial version of Windows Live OneCare but found out only U.S. and Canada users are entitled to the special upgrade price for beta testers. So I guess I have to wean myself of it come May 1 (a hex on Bill Gates!).

The good news, of course, is that Windows x64, like XP Service Pack 2, comes with Security Center, so you have a "good enough" firewall built in. However, Security Center doesn't have a built in antivirus.

Searching the internet, I came across avast! Antivirus at http://www.avast.com. Like AVG, it is free for the personal user but it's main product is native 64 bit. One interesting feature of this antivirus is that you can "skin" it, just like Windows Media Player or WinAmp. There's even an almost poignant "Pirate" skin (Avast! Ye slimy virus!).

Although highly rated for detecting viruses, the jury still seems to be out on how good it is at removing them.

Apart from avast! (yes, with a small a) Antivirus, all you really need therefore is an AntiSpyware program. Microsoft has a 64 bit version of Windows Defender so you should be safe... for now. Remember OneCare goes commercial in May and ominously, the offer to beta testers boasts integration with Defender, so we might see Defender disappear as an independent application.

If that happens, and you still want to scrimp on costs, your only choice may be Tenebril software's SpyCatcher Express that, although 32 bit, Tenebril claims is fully compatible with Windows x64.

THE "NO BOOT" PC

2006-02-11T07:54:00.000+08:00

More `puter stuff that everyone should know about. With the advent of the new motherboards that support the latest 64bit and dual core processors, POWER requirements have changed. This is one area where branded pc's beat the generic "bag of chips". Since most of us scrimp on our pc's, chances are that you have a computer assembled by someone you know rather than that nifty Hewlett-Packard on display. (Mac users: disregard the last sentence, you don't know what the heck us PC geeks are talking about):-P.

Fiddling around with my daughter's spanking new PC that has one intake fan and two exhaust fans apart from the processor fan to cool that 3Ghz Intel monster, I was appalled to find it would not boot. Read that again: My daughter's brand new pc WOULD NOT BOOT!

Looking through the see through casing, I could see a green light on. Not knowing what it was, I read the manual and found that it indicated the computer was on standby mode. Using that as a basis for browsing Intel's website docs, I found that the likely problem was that the power supply could not generate sufficient standby power (at least 8A). The see through casing once again revealed that a twenty pin power supply had been plugged in a twenty four pin connector.

I asked my provider to change the power supply to which they retorted, ALL OUR POWER SUPPLIES are like that. Well, anticipating a lawsuit, I consulted with another provider and was informed that while I was correct with my analysis, my provider could not be faulted because practically ALL computer casings as of December 2005 had the wrong power supply for the new motherboards. "What we let our customers do," the nice gentleman said, "is pay an upgrade price for the proper power supply."

So I contacted my provider again and told them to contact me when they had the new 24 pin power supplies and as soon as they had one, I was more than glad to pay the upgrade price.

Why do I write this? Becuase, if you have purchased a generic "bag of chips" pc around december of 2005 to January of 2006, it is very likely YOU DO NOT HAVE THE CORRECT POWER SUPPLY. To determine if you have the right kind, perform the following test:

1. Turn off your PC. DO NOT TURN OFF THE UPS or AVR.

2. If you have an Intel motherboard or any other motherboard check if the standby indicator is on (located somewhere in the middle of the board).

3. Leave your computer on standby for up to 4 hours.

4. Try turning on your PC, if it does not boot, well you've got the wrong power supply. You know what to do.

There doesn't seem to be any report about branded PC's suffering from this problem. Can you imagine how much I wanted to hit myself on the head when a good friend of mine told me he could have IMPORTED a branded PC for me for the same price I bought my daughter's system? :-P

NO TO PIRACY, YES TO FREEWARE!

2006-01-26T08:45:00.000+08:00

Having a background as a patents lawyer, I am pickier than most Filipinos about using pirated software, for despite increasing costs nowadays, I find it more and more difficult to justify doing so.

I always had a problem with people who, having spent P30,000.00 or more on the hardware, would suddenly turn stingy about the software. The major reason software piracy nowadays can’t be tolerated though is Freeware!

Yessirree! Free may be a word quickly vanishing on the internet, but surprisingly you can still get a lot for nothing for every need of yours, from the operating system to those little thingamajigs that let your computer stand out from everyone else’s. A few of my favorites:

OPERATING SYSTEM

UBUNTU LINUX

I had always wanted to try out Linux, but was aware of the cost of migrating all my software to a new Operating System. One day, my daughter comes home and asks me, “Dad, have you got Ubuntu?”

I laughed and thought she must have misspelled something from computer class. “What the heck is that?” And she told me I could get it on the internet.

So I surfed over to

http://www.ubuntu.com

and found a FREEWARE version of Linux! FREE!

OFFICE SUITE

So you haven’t switched to Linux because it doesn’t have an Office Suite? Check out

http://openoffice.org

and download Open Office. This is an Office Suite that has been rated by some editors as better than Microsoft Office and its word processor is compatible with Word documents.

The suite also comes with a presentation program and spreadsheet.

Making its debut as StarOffice, OpenOffice was offered as a free alternative when StarOffice went commercial. Practically twins, the major difference is that StarOffice comes with a database. At 6K only, StarOffice still offers more bang for the buck than Microsoft Office.

Both StarOffice and OpenOffice support all major operating systems, so whether you’re on Linux or Windows doesn’t really matter.

GRAPHICS MANIPULATION

GIMP

Alright, I’ll admit it, I did go through a piracy phase. The very last pirated program I used was Jasc’s PaintShop Pro. Come to think of it, you could still justify using a pirated copy of this program in the Philippines since they don’t sell it here…… but that’s another story.

Nowadays, I have a licensed copy of Microsoft PictureIt! (latest versions have been renamed to Graphics Editor or something) that I use together with a FREEWARE editor called the GIMP. You can get the GIMP at

http://www.gimp.org/downloads

Also available in both Windows and Linux versions.

DIGITAL IMAGE RECOVERY

I transferred some digital images from my Camera’s memory to an overloaded CD. Guess what? Although the file names were there, the pictures weren’t. And I had already deleted the copies from the camera. The solution? Downloading VAIOsoft Recovery Manager from

http://www.vaiosoft.com/download

The interface may not be as pretty as those of similar paid and free programs, but trust me, I recovered the most photos using RecoveryManager.

Windows only

ANTIVIRUS

Two flavors I recommend:

Grisoft antivirus at

http://free.grisoft.com

and

AntiVir Personal edition

http://www.free-av.com

Both for Windows but Grisoft seems to be working on a Linux version.

ANTI-SPYWARE

Spybot Search and Destroy. Download it at:

http://www.safer-networking.org/en/download/index.html

ARCHIVING

Tired of WinZip nagging you to get registered? The original PkZip too epensive? Get ZipGenius instead at:

http://www.zipgenius.it

It's Italian! Like Ferrari, Ducatti and Martini!

INSTANT MESSAGING

Okay, so all Instant Messengers are free. But unless you’re one of those guys who spends all his money loading up on memory so you can run all the IM’s, you’ll appreciate an IM that can handle ALL YOUR IM ACCOUNTS. ALL OF THEM, and IRC TO BOOT!

Using GAIM, from

http://gaim.sourceforge.net

I was able to reactivate an old AOL IM account and promptly chatted with my brother-in-law. As I also just got a new Gmail account, I entered my Googlechat ID into GAIM and voila! I now run these two services together with MSN, ICQ and Yahoo!

Unlike Zango, Gaim has no spyware and is available for Windows, Linux and other operating systems.

PRINTSCREEN

If you activated your cell phone voicemail just because your phone has a special button for it that would otherwise be useless, then you’re just like me and have been itching to get that System that is required to make your PrintScreen key functional! (It’s like an itch that goes SysReq! SysReq! SysReq!)

Unlike those guys who want to charge you, Gadwin offers for free its version at:

http://www.gadwin.com

Browse their website because their might be something there you can actually use.

I use Gadwin Printscreen to capture images off the internet that you otherwise couldn’t using Right click on the mouse. You can format what area of the screen to capture, and oh, did I mention it can Print the Screen? My daughter used the latter function when she needed to do homework on the visual elements of Microsoft Word.

MORAL OF THE STORY

Pirating software is completely unnecessary. And if you think you’re cheating Bill Gates, think again. If you use pirated Microsoftware, you’re only increasing the demand by making everyone else around you want to use Microsoft products and not pay attention to the options available. Demand grows, and the Microsoft Tax becomes a bigger burden.

Oh, and if any of these Software companies suddenly becomes a giant because of this article: Please remember me. I am after all a licensed broker.

BOXING DAY

2005-12-28T16:13:00.000+08:00

Boxing day, or Saint Stephen’s day, is traditionally celebrated on December 26. Although there now seems to be a dispute as to the origins of Boxing day, I choose to believe the more Christian interpretation that it originated from the practice of giving presents to the less fortunate to commemorate Saint Stephen, one of seven men appointed by the apostles to take care of the church’s poorer members. Think “Good King Wenceslas”.

Sadly, boxing day has become more associated the world over with the infamous 2004 earthquake and tsunami, which is one of the reasons I write this piece, so as to help dispel the correlation of the day and the tragedy, which appears to be doomed to be remembered as the “Boxing Day Eathquake”.

Bad news aside, boxing day, while largely being ignored in the Philippines, took special significance for me this year.

My wife’s nephews had what was obviously a top of the line computer for its time, a Dell Optiplex 750Mhz that only had the basic goods. Gathering my old equipment, I managed to give them a 32 MB Nvidia Geforce PCI graphics accelerator (hard to find in this country) and an extra 320 MB of memory. I also installed a CD-RW drive my wife and I bought them for Christmas. Having the boys test it as soon as I delivered their upgraded PC, they jumped for joy when they saw how much faster their favorite game could run.

That it took so little effort to make them happy reminded me that it is much, much better to give than to receive. The feeling is priceless. This is a secret that is lost on too many of us, when we try to find happiness by taking what we can for ourselves, only to find that wanting can sometimes be much better than having. We ought to try giving more often.

Next year, I’m marking boxing day again.

THE TWELVE DAYS OF CHRISTMAS

2005-12-18T05:06:00.000+08:00

Now that we've learned that St. Nick doesn't have reindeer, and hopefully has successfully directed our attention to Jesus, and in response to Pope Benedict's call to give Christmas a more traditional meaning, I'd like to post an explanation, an interpretation if you will, of the Christmas carol, "Twelve Days of Christmas".

I first started posting this in the early `90's before most people even heard of the "internet" on my hobby Bulletin Board System, My Shorts! BBS (so named in honor of Bart Simpson). The original was an ANSI file with blinking ANSI figures. At the time, making blinking colored ANSI was pretty cool. Although I can't claim singular credit for publicizing it first, heck, I didn't write it, I'm glad to see that it has made the rounds so that many have already read it by now.

Here it is:

Did You Know?

From 1558 until 1829 the Catholics of England were forbidden by law to practice their faith. As a result of this ban the ingenious Catholics devised secretive and symbolic songs to teach their children the truths of their religion. One of the most successful and beautiful of these was the Christmas carol "The Twelve Days of Christmas".

The "Twelve Days" stand for the Christmas Season, December 25 to January 6. The "True Love" in the carol is God himself, who gives Christians special gifts on each of the twelve days.

"On the first day of Christmas, my true love game to me, A partridge in a pear tree"

The "True Love" in the carol is God himself, and the first gift, "a partridge in a pear tree", symbolizes Christ (the bird), who gathers His young under His wings. The tree harkens back to the Tree of Paradise, which Adam lost by sin and Christ promised to restore.

God's first gift, therefore, is His very own son Jesus...

"On the second day of Christmas, my true love gave to me, Two turtle doves..."

"Two turtle doves" represent the sacrifice which a Jewish family had to make at the temple upon the birth of a son. Our sacrifice is the Divine Liturgy...

"Three French Hens" symbolize the three gifts of the Magi to the newborn Messiah. They also may mean the three gifts of Faith, Hope and Charity realized in the birth of the Savior.

"Four Calling Birds" makes us think of the four evangelists whose four Gospels call us all to the Bethlehem manger of the Redeemer.

"Five Golden rings" suggests the first five books of the Old Testament, the Law or Pentateuch, which Christ came to fulfill and complete.

"Six Geese-a-Laying", ungainly but working, suggests the six days of the week, when humanity labors and brings forth the fruit of the land.

"Seven Swans-a-Swimming" reminds us of the seven gifts of the Holy Spirit or even the seven works of Mercy.

"Eight Maids-a-Milking" represents the eight beatitudes that are the nourishment of Christians.

"Nine Ladies Dancing" recalls the nine ranks of angels or the nine fruits of the Holy Spirit as mentioned by St. Paul in Galatians 5:22.

"Ten Lords-a-Leaping" clearly signifies the Ten Commandments...

"Eleven Pipers Piping" refers to the eleven Apostles, now without Judas, proclaiming the Good News of Jesus Christ to the world.

Finally, "Tweleve Drummers Drumming" reminds us of the twelve articles of faith of the Nicaean Creed.

We cannot help but marvel at the courage and faith of these English Catholics, as we read "The Twelve Days of Christmas". And then we think of our Christian brothers and sisters who are forbidden to practice their faith in some parts of the world. And we praise and thank the Lord for freedom.

THE SOLEMN AFFIRMATION

2005-11-20T02:39:00.000+08:00

It seems a lot of lawyers don't really understand what a solemn affirmation is. Following is an order I recently released that discusses the solemn affirmation in some detail.

These cases are before this Court upon two informations filed by the prosecution charging the accused with perjury.
The accused is alleged to have filled up two Personal Data Sheets (Civil Service Forms 212) indicating therein that he is a Filipino citizen even though he is actually a citizen of the United States of America.
Finding during pre-trial that the Personal Data Sheets had not been sworn to before a solemnizing officer, the Court directed the prosecution to submit a position paper to justify bringing the accused to trial.
In its position paper, the prosecution cites as precedent the cases of U.S. vs. Tupasi Molina, People vs. Cruz and Diaz vs. People. These cases do little to support the prosecution’s stand on the issue for they all have to do with statements that were made under oath.
To put the matter in black and white, all the prosecution had to establish was whether or not the accused had made his statements under a solemn affirmation in lieu of an oath. In bringing this case to Court, the prosecution may have misunderstood what exactly a solemn affirmation is.
The prosecution seems to be suffering from the impression that a solemn affirmation is the absence of an oath, when a person otherwise required to swear to the truth of his statements, cannot in conscience take one. Such a simplistic interpretation of the law, however, cannot be adopted by this Court.
A solemn affirmation is;
“A solemn declaration made under the penalties of perjury by a person who conscientiously declines taking an oath.”[1]

“An affirmation is a solemn declaration or assertion that an affidavit is true, that the witness will tell the truth, this being substituted for an oath in certain cases.”[2]

Being a solemn declaration, it is necessary that it be made before a person authorized to administer oaths or solemn affirmations.
“It is evidenced by a jurat properly taken before a duly authorized officer.”[3]

A solemn affirmation therefore, is exactly the same as an oath, except for the fact that it is;
“A solemn statement which omits any religious reference and is by statute equivalent to an oath. The falsity of an affirmation is perjury.”[4]

so that;
“The words, ““So help me God”” are omitted in an affirmation.”[5]
It is not, as the prosecution apparently believes, the omission altogether, of any assertion that a person otherwise required to take an oath, is telling the truth. What is omitted is only any reference to God as in an oath so that the constitutional rights of those who are conscientiously scrupulous about taking one are not violated.
The intent of the second paragraph of Article 183 of the Revised Penal Code of the Philippines is to make clear that a solemn affirmation carries the same weight before the law as an oath, as an oath;
“Xx involves the idea of calling on God to witness what is averred as truth, and it is supposed to be accompanied with an invocation of His vengeance, or a renunciation of His favor, in the event of falsehood.” [6]

and an affirmation on the other hand does not quite carry the same weight with those who choose not to take an oath.
The Personal Data Sheets accompanying the two informations before this Court are without jurats or any other indication that the accused made assertions before a solemnizing officer that his entries in the forms were truthful. That he made such an assertion is the very essence of the felony with which he is charged in both informations. There is, therefore, no cause to hold him for trial.

--------------------------------------------------------------------------------

[1] Webster’s Third New International Dictionary
[2] 67 C.J.S. §3, 1950 p.5 citing 23 Black L.D. in turn citing 46 C.J. p.839 note 39
[3] Ibid., §7, p.9
[4] Sibal, Philippine Legal Dictionary, 1986
[5] Aquino, The Revised Penal Code, Vol. II, 1987 ed.
[6] Reyes, The Revised Penal Code, Vol. II, 15th ed.

OUTRIGGER CANOE

2005-11-05T15:08:00.000+08:00

Outrigger at the lake

While walking along the shore of Lake Danao in the Camotes Islands, Cebu, we came upon this outrigger canoe. Recognizing how much it looked like a scene from a painting, I took this photograph.

YES VIRGINIA, THERE IS A SANTA CLAUS!

2005-10-07T05:32:00.000+08:00

Yes Virginia, there is a Santa Claus! But he doesn't have flying reindeer nor does he climb down chimneys. AND... he wants us to get closer to Jesus.

Here's a website I visit every year when Christmas approaches. It reminds us that Santa Claus is part of the Christmas tradition to help us focus on Jesus's central role in our faith.

It explains many Christmas traditions including the practice of gift giving and candy canes.

Hope you enjoy visiting it as much as I do.

The website is:

WWW.STNICHOLASCENTER.ORG

DON IN THE CRADLE

2005-10-01T08:47:00.000+08:00

My Uncle Bobby just sent me the following SMS:

"Watch Barbie Almalbis at (sic) Myx TV now."

"Y?", I reply. "I didn't know you like Barbie."

"She's your niece.", came the answer.

"What???", I thought. "When did I get OLD?"

:-))

Turns out through some convoluted Filipino way of identifying relations, she IS my niece. Welcome to the family, Barbie. You sing nearly as well as I do.
B-).... ;-)..... :-D

THE FALLACY OF A NON-PARTISAN COMELEC

2005-08-14T07:51:00.000+08:00

Right after the 1986 constitution had been ratified, I happened to catch an interview with an American Political Scientist (his name escapes me now though I would very much like to remember who he was) who came to observe the first elections under the new constitution. One of his observations had to do with the "non-partisan" composition of the Commission on Elections.

Comparing this to the partisan composition of the American equivalent of the COMELEC, he stated, "Our laws don't presume men to be angels."

Aptly said. Indeed, the composition of the COMELEC is now an important matter in light of "Gloriagate" or what the masa simply calls "Hello Garci?".

The Garci scandal has opened our minds to the possibility that our COMELEC commissioners are no angels (What, you actually thought they were?) who will decide election controversies with unquestionable impartiality. The mere fact that every commissioner has the same right to vote as every Filipino citizen already means that it is inherently impossible for them to be non-partisan in character. That our President may have called the Chairman during the elections underlines this situation. That we can have a trustworthy non-partisan COMELEC is a fallacious contention.

Let's face it, our COMELEC commissioners are "closet partisans" who will favor their candidates or those of the powers that be that appointed them. We might as well, or should I say, we ought to, adopt a system where the political parties are represented in the COMELEC.

In a two party system, the COMELEC would be divided right down the middle, e.g. Four LABAN commissioners and Four LAKAS commissioners. If they acted purely in the interests of a party, there would ALWAYS be a stalemate. Since even COMELEC commissioners should have some qualifications, we can safely presume that the commissioners would still be rational enough to understand that a perpetual stalemate would not be in the best interests of their parties and the people, hence, they will be forced to act in the best interests of the latter.

The mathematics are not as simple in a multiparty system, however. But some formula could be worked out that would ensure representation of all parties in the system. For example, raising the necessary number of votes to declare an election result valid from and instead of a simple majority. The end result is a COMELEC whose decisions the political parties will not be quick to question, as they are represented within the COMELEC, and which is beholden to the best interests, not of the political parties, but of the people.

Before anyone talks about amending the Constitution to adopt a federal form of government, maybe we should talk about changing the composition of the COMELEC first.

OPTIONS, BROKERS & REALTORS

2005-06-06T01:53:00.000+08:00

One oft misused word by unlicensed real estate brokers is “option”. To them, an “option” is the authority given them by the landowner to sell the owner’s property.

This use of the word "option", not only is wrong, it is a good indicator that you should not be dealing with the broker.

An "option" in the Real Estate Industry, refers to an "option to buy." Separate from the contract of sale, it refers to another contract between a potential buyer and the seller of property which gives the potential buyer the exclusive right to purchase the property within a specified period.

For example, were I interested in your land, but still unsure if it would fit my needs, I might pay you a small amount, say P10,000.00, to keep you from selling the property to other persons for, say, a couple of weeks. The seller is thus prohibited from selling the property to third parties for two weeks while I am free to consider other real estate (or raise enough money to pay the purchase price). Since I paid you the amount of P10,000.00 to keep you from selling the property, it does not form part of the purchase price should I eventually decide to buy your land.

The "option to buy" is very different from "earnest money" which effectively is a downpayment for the land.

Law students and licensed brokers are taught the difference, which is why, if you deal with a person who represents himself to be a real estate broker asks you for the "option", you should be on your guard as to whether or not he is legit. You have no obligation, nor any right, to pay unlicensed brokers any commission. To do so is a criminal offense.

The best way to find out if you are dealing with a licensed broker is to check his business cards and even stationary, for a licensed broker is required by law to have his License Number printed in any written communication he has with clients or even potential clients. When in doubt, you can always call the Department of Trade and Industry and verify with them if the broker is legit.

Licensed brokers, on the other hand, will ask you for either, in plain English, the "Authority to Sell", or in broker's parlance, the "LISTING". The contract that gives the broker the authority to sell is properly called the "LISTING CONTRACT."

Thus, you may correctly inquire of a broker if he has a "LISTING" for a three bedroom house with a large garden, e.g. "Do you have a LISTING for a three bedroom house with a large garden?" Or you could ask, if the seller Mr. A refers you to his broker, "Do you have Mr. A's property LISTED?" or "Do you have the LISTING for Mr. A's house?"

Which brings us to the term REALTOR. Unknown to the general public, not all Real Estate Brokers, even licensed ones, are REALTORS. A Realtor is a Licensed Real Estate Broker who has joined the National Association of Realtors (based in the United States) or one of its affiliated Real Estate Boards. In the Philippines, the authorized affiliate is the Philippine Association of Real Estate Boards, or PAREB. Thus, all REALTORS are licensed real estate brokers, but not all brokers are REALTORS. REALTORS are bound to respect their own Code of Ethics and Standards, thus assuring that all transactions you have with a REALTOR will be above board. A REALTOR who has violated the Code, may be removed from membership. Licensed Real Estate Brokers who have not joined the NAR or its affiliates are not allowed to use the term REALTOR. One way to determine if the "realtor" is really a realtor is if he has the registered mark after the term in his business cards, i.e. REALTOR®.

In the Philippines, Real Estate Brokers are governed or regulated by the Department of Trade and Industry, so you have administrative recourse, aside from resort to the Courts, against your broker if you feel he has engaged in unethical or illegal practices. This should be a good enough reason, apart from the better service they offer, for you to deal with only Licensed Brokers and REALTORS.

THEORY OF RELATIVITY

2005-04-30T12:55:00.000+08:00

I recently had the opportunity to ask Justice Hilarion Aquino about remedies available to an offended party where the information had been dismissed outright for lack of probable cause (see Got Cause?).

A hot topic of discussion among judges that they couldn’t resolve by themselves was whether or not the offended party could still prosecute the civil claim.

In the Philippines, unlike some jurisdictions, the offended party is entitled to prosecute his claim for his personal injury in the criminal action. What the judges can’t seem to agree on, is whether or not, upon a finding that there is no probable cause to prosecute the accused for the criminal case, the civil claim may proceed in the criminal case.

On one hand, some judges say yes. They say it is only just that an offended party should be allowed to pursue his claim so that he may avoid having to go through the inconvenience of filing a separate suit, and thus avoid a multiplicity of suits.

Some of us, including this writer, say no.

Thus, the question I laid at Justice Aquino’s feet. His answer?

“YES! And let me tell you why!” Judges in concurrence with me gasped at this apparent loss in the battle of opinions. “To prosecute a civil claim successfully, one only needs a preponderance of evidence. To ensure that a criminal case is given due course in Court, one needs probable cause, a level of evidence higher than mere preponderance. Thus, as relative to preponderance, probable cause is a higher standard of evidence, the civil claim may be prosecuted.”

I’m sure that would have ended all debate before most fora. Except, the good justice ended his answer with, “That is my THEORY.”

With all due respect to the good justice, please allow us in the negative to continue to disagree.

The chief point of contention for the contumacious ;-) is the fact that the civil liability sought to be prosecuted in a criminal action is that which arises from the criminal act itself. This is very different from the liability that arises from a valid cause of action in a civil case, personal injury included. The only valid conclusion that can be derived from the premises, therefore, I SUBMIT, is that the civil claim can no longer be pursued once a judge dismisses a case outright for lack of probable cause for when the Judge does so, he states at the earliest instance, that there is no cause to believe a crime has occurred, and so the basis of civil liability is absent.

This is vastly different from when an offended party has already presented evidence and the Court, having found no criminal liability, awards the civil claim anyway. In this instance, evidence has already been presented, and the inconvenience for the offended party should he have to file a separate civil claim is manifest, for he would have to prove once again what he had already proven in the criminal action, an unnecessary multiplicity of suits. Note that the civil liability awarded is not based on any criminal act.

When the case has been dismissed for lack of probable cause, however, the Court makes an express statement that there is no civil liability, as there is no probable cause to believe that the criminal act that gives rise to the civil liability, has occured. When the Court does grant an offended party his civil claim despite acquitting him, the Court has simply found that based on the evidence presented, the accused is civilly liable to the offended party for some reason other than a crime.

Which is why the better remedy for the offended party in the latter instance is to file a separate civil suit.

FORGET "SUGBO"

2005-04-07T16:44:00.000+08:00

We’ve all heard the story. Although different versions mention either Magellan’s or Urdaneta’s expedition, the story is the same.

When the Spaniards came, they found some natives gathered around the campfire. Asking for the name of the place, they pointed to the ground. The natives thought they were pointing at the ashes of the campfire, so they replied, “Sugbo.”

Thus, the myth that the native name of Cebu is “Sugbo”.

This, of course, is a fictitious story. Magellan had the services of Enrique, adept in the language of the natives. Pigafetta records the name of the town as “Zzubu” (without a “g”).

As a little boy, I could never find an 80 year old who would tell me that the name of the city I was born in was “Sugbo.” It was always Cebu.

Unfortunately, decades of Tagalog ethnocide (Cebuanos are not taught Visayan, the language of which Cebuano is a dialect, in school and are encouraged to use Tagalog or English outside the classroom) ensured that many Cebuanos would believe this story. The result can be seen in how quickly native Cebuanos name their restaurants “Sugbo-sugbo” and such, and government officials hail their projects as for “Sugbuanons” (too close to "Sinugba", the Cebuano word for "barbecue", if you ask me. How about it, Sinugba-anons?).

Few things could be considered a greater insult to the Cebuanos. The name “Sugbo” is derogatory as it is. “Sugbo” was adopted as the “Pilipino” name for Cebu only because the Tagalogs managed to have Tagalog made the basis for the “Pilipino” language to the consternation of the Visayans.

The National Language Committee that was created then adopted a truncated alphabet without the letters C, J,V and Z. Unlike Tagalog, all four letters are essential in Visayan and Cebuano.

The committee then scoured the Visayan language for words that would come closest to “Cebu” that could be spelled in Tagalog. This search yielded the word, “Sugbo”. To give credence to the name, the fable that there was confusion between the Spaniards and early Cebuanos was created.

A noted Cebuano historian, Dr. Resil Mojares, claims that the name Cebu has its origins in an early Malay phrase that means “to walk on water.” (Ashes might be credible if Cebu had a volcano.) Other linguists opine, and this to me is the more logical explanation, that the name Zzubu, or Zebu, has the same origin as the Malay word “Sebu” which means “full” (as in stomach) or having in abundance.

If we go over Pigafetta’s chronicles, it is clear that the town of Zzubu was the most developed or civilized of all the towns of the Philippines, to be surpassed by Manila only when the Spaniards made it their capital. Thus, that the native name of Zzubu or Zebu meant “a place of abundance” is the more likely origin of the proud city’s name.

Time to forget “Sugbo.”

SO-LONG SPORTS

2005-04-06T21:30:00.000+08:00

Solar Sports, the exclusive carrier of the Manny Pacquiao - Erik Morales fight (you couldn't even see it on ESPN) suffered a major embarassment when everyone learned of the result before they could broadcast the match, losing a lot of viewers who would have otherwise lapped up their sponsor's ads.

Solar obviously hadn't heard of the internet, text messaging and in some cases, International Direct Dial. The less fortunate fight fans even had the pleasure of hearing the fight live blow for blow on radio, harkening back to the '40's and '50s.

There obviously is no end to corporate greed, but this time, Solar Sports' plot backfired on it.

In order to expand advertising time, carriers of major fights delay the broadcast so that they can expand the time in between rounds (1 minute) to around 15 minutes.

Thus, come fight time, the unfortunate Filipino viewer who doesn't know better is treated to the undercard.

By pretending that we still lived in the dark ages, however, Solar Sports lost a lot of viewers when word had spread that our boy Manny had lost.

If I remember correctly, what Solar Sports did is illegal. Mr. Ferdinand Marcos was a fight fan and banned this nefarious practice.

Now when I was a little boy before greedy TV stations discovered this trick, the way to make advertising time was to generate excitement by gathering a bunch of boxing experts who would analyze the strengths of the boxers and show documentaries about the fighters' lives and careers, both of which would allow for lots of advertising, but, come fight time, the broadcast would be LIVE, even if the quality of the video was as good as that of Apollo 11's landing on the moon. Heck, we even got to see those pretty "round girls".

All that however, has disappeared in favor of G-R-E-E-D.

They should change the name to SO-LONG SPORTS, for thinking that they could make the fight fans wait for so long.

IN MEMORIAM: POPE JOHN PAUL II

2005-04-02T18:14:00.000+08:00

In memory of Pope John Paul II, my friend and I placed flowers at the only spot he held mass in the City of Cebu, at the IT park at a corner near People's Support. We thought others would follow suit, but because the cross that used to mark the spot (the guards informed me it had been moved to Ayala Heights, up in the mountains) was no longer there, they had a hard time finding the spot, so our plan to build a mountain of flowers for the Pope ended with two bouquets.

I think maybe the guys at Ayala should restore the cross and build a small chapel there with the cross at its altar, if only to honor the memory of this great man.

Of course, in this City and Province where the residents notoriously fail to give any significance to historical landmarks (who else would convert Fort Santiago into a zoo, leave the City cemetery where a president is buried to squatters, and jacket a Spanish watchtower in concrete?), that's not likely to happen.

THE BEST SOUNDTRACK IS FROM A CARTOON?

2005-03-31T15:00:00.000+08:00

My review of "Music from the SpongeBob Squarepants Movie" at Amazon.com.

Since my daughter is both an Avril Lavigne and Sponge Bob fan, I decided to pick up this album when I realized I couldn't have Green Day's "American Idiot" with its explicit lyrics around the house.

Avril's cover of the SpongeBob theme is Grade A! Too bad it's too short, though, so I converted it to MP3 and using my MP3 editor made it loop back to "Who lives in a pineapple under the sea?" from the second "Sponge Bob Square Pants" after "Flop on the deck and flop like a fish" when I burned a copy for the car. My daughter loves the "remix". :-p

The only songs I couldn't stand listening to are Patrick's "Under My Rock" and the "Goofy Goober Rock", the latter being a sacrilegious cover of the Twisted Sister classic. Guess what? I put in "I Wanna Rock" in the CD I burned and it fits right in, coming just before Motorhead's "You Better Swim".

The truly kiddy stuff here is limited, Googy Goober Song, Best Day Ever, Now That We're Men and an opera style cover of the SpongeBob theme by the Pirates. And even those you can sing along to. Well, maybe not "Now That We're Men."

Overall, four stars. Make no mistake, this is the BEST soundtrack album to emerge in recent years. And maybe its not too late to remove "The Goofy Goober Rock" from the movie and replace whatever sequence it's in with animated sealife versions of Twisted Sister singing the original. ;-)

QUEEN CITY

2005-03-23T06:11:00.000+08:00

Cebu City is referred to as the “Queen City” of the Philippines in honor of Queen Jumamay, protector and keeper of Cebu’s former patron, the Santo Niño de Cebu (image of the Child Jesus).

The wife of Cebu’s ruler when Ferdinand Magellan landed in Cebu, Rajah Humabon, she took the Spanish name “Juana” when baptized a Catholic by Father Pedro Valderama, chaplain of Magellan’s expedition.

Antonio Pigafetta, chronicler and “spin doctor” of Ferdinand Magellan, presented Queen Juana with the Image of the Santo Niño.

Well, we all know what happened to good ol’ Ferdie. Having taken sides with Rajah Humabon in gratitude for his hospitality, he launched the most unsuccessful attack on Lapu-Lapu, Humabon’s rival. Apparently, he failed to realize that Lapu-Lapu and his men were deep in training in the martial art of “arnis” precisely to fight Humabon.

So Spain sent another expedition to the Far East Region headed by an Agustinina priest, Andres Urdaneta. Fr. Andres arrived in Cebu on April 27, 1565.

Because of suspicions that the Spaniards had returned to exact vengeance upon the natives for the death of Magellan (the word “ally” must have been lost in the translation. Why on earth didn’t they just attack Lapu-Lapu together?), battles broke out and then Zzubu (it was never “Sugbo” until Tagalogs tried to make Tagalog the national language, notice how you cannot spell “Cebu”, “Zebu” or “Zzubu” using the Tagalog alphabet. Let’s get rid of “Sugbo” already) was reduced to rubble. Fr. Andres had obviously learned the bitter lessons of Magellan’s ill-fated expedition.

The image of the Child Jesus was later found under a pile of ashes unscathed. Other accounts have either Queen Juana protecting the statue after the village had fallen or the statue being restored to the Queen, who reigned for a while as the city's symbolic leader, for safekeeping.

The Santo Niño is credited by most Cebuanos with many miracles, and for keeping the island and province of Cebu safe from natural disasters and the dangers of the insurgency and terrorism in the Country.

Thus, it is only fitting that Cebuanos call their city the “Queen City”.

Compare that to the Ilonggos who, in typical fashion, seem to be suffering under the impression that the title “Queen City” belongs to the city that is “second best to Manila”.

Well, there’s no argument about which city that is, is there? ;-)

GOT CAUSE?

2005-03-19T09:07:00.000+08:00

One motion quickly gaining favour among lawyers after the 2000 Rules of Criminal Procedure came into effect is the “Motion for Determination of Probable Cause ” to hold the accused for trial.

The 2000 Rules made it clear that every person is entitled to a determination by a JUDGE that there exists cause to charge him with a crime before giving due course to any information (the document that charges the accused with a crime). Previously, judges relied on the determination of probable cause by the Public Prosecutor (District Attorney to those of you from the United States of A) even though the Philippine Supreme Court had already expressly declared the right to be of a constitutional nature.

Believing that this imposed an additional burden on the poor, overworked and underpaid judges, I took up my beef with former Court Administrator (later Commission on Elections Chairman and subsequently Solicitor General) Alfredo Benipayo who patiently explained that the right could not be denied any accused under the constitution.

Once the word “constitutional” is mentioned, any further argument is negated, so I shut up and went to work determining probable cause in every information that came my way.

The determination of probable cause must be made by the Judge before he issues a warrant of arrest (based on the records transmitted to the Court from the prosecutor) or any other process that might bring the accused into the custody of the Court. If the Judge is not satisfied with the prosecutor’s findings, he may either require the prosecutor to submit additional evidence or dismiss the case outright. This, even before a warrant is issued.

This is why I take issue with the “Motion for Determination of Probable Cause”.

Since a judge already has the burden of making the determination BEFORE he issues the Warrant of Arrest, the Motion has a dubious place in procedure. The issuance of the warrant carries with it the presumption that the judge had already made a determination that probable cause exists to bring the accused to trial. Giving due course to such a motion would be an express admission that the judge had been negligent in performing his duties and open him up to administrative sanction.

Of course, this should not stop lawyers from filing such a motion should the record of the prosecutor (the record of preliminary investigation) be so wanting in (competent) evidence to establish probable cause. In such cases, though, the judge may once again be open to sanction. This, however, should be the exception, rather than the rule.

THE CONCEPT OF RENT

2005-03-17T17:09:00.000+08:00

Newly appointed to the municipal bench, I had the most difficult time determining “reasonable compensation for the use of the premises” in some Ejectment cases where the lawyers failed to discuss the topic beyond specifying a lump sum in their position papers.

Ejectment is the cause of action for eviction. Where the Court finds that a defendant may be evicted, it awards "reasonable compensation" to the plaintiff for the period during which he has been deprived of the use of the disputed premises. Ordinarily, this would be equivalent to rent the plaintiff might have earned had he leased the premises to the defendant or any other party.

Sometimes, when the suit is brought for the violation of a contract of lease, all the Court needs to do is award rentals in arrears. But what if the suit is filed on some other basis than a written contract?

I first brought up this quandary to an expert on Civil Procedure during one of the seminars intended to enhance the knowledge of members of the judiciary and was rewarded with a brusque, “You have to find your own method!”

So off I went to find “my own method”. Poring over the Corpus Juris Secundum, I found this little gem;

“Interest bears the same relation to money that rent does to land.”

Previously, my feeble mind had failed to relate interest with rent. Also coming to my rescue was the ancient Velayo’s Digest (1966), from whence came this contribution:

“And in the absence of any other evidence the assessed value should be considered.”

These two maxims thus allowed me to come up with what I proudly call, “The Navarro Rule of Thumb in fixing reasonable compensation.” Well, that’s what I call it, even though no one else is aware of it.

Where the exact amount of reasonable compensation for the use of the land is not thoroughly discussed by the parties, I take a look at the assessed value in the Tax Declaration of the land or the premises (if there is one). I then fix reasonable compensation at the legal rate of interest of 6% per annum.

Interestingly, many Rent Control Laws worldwide have fixed the legal rate of interest as the maximum allowable rent for a contract of lease (that's what made me crack open the CJS). In ejectment cases, however, I use the legal rate of interest to determine fair compensation.

For those of you who wonder if it shouldn’t be set at 12% per annum, remember that the rate of 12% in the Philippines is for loans or forbearances of money. Otherwise, it should only be 6%. The rate of 12% would best be applied on rentals in arrears or on the amount of compensation granted by the Court itself when the judgment becomes final.

DURA LEX

2005-03-11T20:25:00.000+08:00

One of the most enduring (pardon the pun) Latin axioms in law is DURA LEX SED LEX. It literally means, “The law may be hard (harsh) but it is the law.”

We all know that DURALEX has been appropriated by a glassware company as a brand name for their unbreakable dinnerware.

This inspired a law professor during my Bar Review to come up with his own Latin axiom using another brand name that’s better known for its resistance to heat rather than its indestructibility.

His axiom? DURA LEX PYREX.

The law may be hard, but it may be broken. ;-p

SCILICET

2005-03-10T05:46:00.000+08:00

To a layman, the S.S. in a legal document may inspire awe and wonder at its formality. Surely, such initials must mean that the document itself could spell the difference between life and death. I've even heard people refer to an affidavit as the person's "Sworn Statement", TO WIT; "He stated in his S.S. that...."

Well, that's all it means, really. The S.S. in a legal document stands for scilicet, Latin for... “TO WIT.”

Thus, the example above means the document has been executed in the Republic of the Philippines, to wit, or more particularly in, the City of Cebu.

It does nothing more than establish the location of the document’s execution and, well, make the document look legal. A failure to include that does not invalidate the document.

Nothing to it.

FAILURE OF LOGIC

2005-03-09T06:17:00.000+08:00

Sitting on the bench one clear motion day, I wasn’t quite prepared for one of the strangest motions I had ever come across.

“Comes now, the plaintiff, unto the Honorable Court, most respectfully manifests that the defendant has fully complied with the judgment…, wherefore, in consideration thereof, it is most respectfully prayed of the Honorable Court, to DISMISS the instant action.”

That prompted me to whip out my cellphone (still on the bench, but out of sight, naughty me) and SMS all my lawyer friends.

“Atty UV s askng 4 dismisal o case c oredi won & wer judgment complied!”

Prompt reply from what some lawyers would call a MERE law student, “Ka stupid! Dosnt make sense!”

Enough levity for one afternoon. You’d think that would be the end of it, but no! It happened again. Twice.

Thankfully, none of the lawyers involved came from my alma mater, the University of San Carlos, nor from the school I teach in, the University of Cebu (we don’t even have seniors yet). You can be sure I mention this whenever I can to my students.

Mi compañeros, if you don’t want judges to text all their lawyer friends about you while they hear your motion, make sure you NEVER, NEVER make such a horrible mistake. It not only shows a failure of logic on you part (Why on earth dismiss a case you’ve already won?), it also shows you don’t know jack about execution! For a practitioner, failure to understand execution is FATAL to your career. Well, maybe not, but embarrassing to say the least and a potential loss of millions.

Learn to submit, or ask for, an ADMISSION OF SATISFACTION OF JUDGMENT.

LEX LECES BACHELERES

2005-03-08T23:12:00.000+08:00

Going over a friend's resumé, I read that he had been studying for a degree in "Lex Leces Bacheleres."

My knee jerk reaction was to call up and demand an explanation.

Where'd the heck you get this "Leces" thing?

The answer was nothing short of shocking. "I got that from a credible source, a lawyer."

Holy cow! Do some lawyers actually believe their Ll.B. stands for something that as far as I can figure, means "Legal Milk of Lecherous Bachelors"?

Gentlemen, check the acronym. Capital L, lower case l, period, capital B period. Ll.B. Two words only. Legum Baccalaureus. Bachelor of Laws. "Legum" is the genitive (i.e. possessive) plural of the noun "lex", hence Ll. instead of just one L.

Now I'm sure that the very lawyers who believe in this "Leces" myth are the very same ones who are wont to put Ll.B. (they would probably prefer L.L.B.)after their names when presented in a formal listing. Thus you would see;

John Doe, M.D.

Pearly Gleam, D.D.M.

Leces Bachelor, Ll.B.

Well, that looks alright, until you consider that the presumption is you haven't passed the Bar Examinations if you only have the acronym of your degree after your name.

Messieurs Leces, allow me to introduce you to "Esq." Place that after your name and you won't be putting yourself in the same level as a law graduate who has yet to take or worse failed the Bar.

TWO COMMON MISTAKES IN AFFIDAVITS

2005-02-27T07:50:00.000+08:00

At the beginning:

I, ________, Filipino, of legal age, single/married and with residence at ___________________, after being SWORN IN accordance with law (use either DULY SWORN, do hereby depose... or SWORN IN ACCORDANCE WITH LAW, do hereby... DULY SWORN IN ACCORDANCE WITH LAW is a redundancy), depose and say, THAT;
Xxxxx.

An Affiant is never SWORN TO. An Affiant always SWEARS TO the truth of his/her affidavit Save SWORN TO for the JURAT (SUBSCRIBED AND SWORN TO before me...), so that this should be:

I, ________, Filipino, of legal age, single/married and with residence at ___________________, after being duly SWORN IN accordance with law, depose and say, THAT;

Xxxxx.

At the end of the factual allegations:

FURTHER AFFIANT SAYETH NOT

What? He swears that the facts set forth in his affidavit have not happened to his knowledge?

Dunno why lots of lawyers make this mistake, but the proper phrase means "AFFIANT HAS NOTHING FURTHER TO SAY." The proper way to end the factual allegations in an affidavit is with

FURTHER AFFIANT SAYETH NAUGHT

NAUGHT is a world away from NOT! So remember to avoid this mistake. ;-)

GET RID OF THE CRAP

2004-12-10T15:09:00.000+08:00

My review of Nelly Furtado's "Folklore" at Amazon.com.

Being a big Nelly Furtado fan, I quickly hunted down a copy of this album as soon as it had been released. I popped my brand new copy in my car's CD player and thought that except for "Powerless" and "Fresh Off the Boat" Nelly F was way off the mark this time so the CD stayed in my collection for several months gathering dust.

It was only when I heard that "Força" had become a hit in Europe that I gave the album another chance then realized there was more to it. What really turned me off were just a couple of songs that are soooo bad they would keep any potential buyer from picking up the CD. I refer to the two duets, "Saturdays" and "Island of Wonder". I'm not kidding, these two songs are so horrible that Dreamworks should re-release this album without them, because when I burned a copy without these two, I realized that the other songs are quite a joy to listen to, and except for the slow ones, quite danceable too.

Dreamworks, get rid of the crap and re-release this one ASAP.

Three stars.

CHOPSTICKS OR SPOONS

2004-12-01T10:41:00.000+08:00

In a Japanese or Chinese restaurant in the Philippines, one is likely to be handed a spoon and fork for utensils. Chopsticks are available, but often only when requested.

Filipinos have a fondness for the spoon and fork because it makes it easy to consume their staple, rice. We love our rice fluffy so that it doesn’t clump and stick together. Thus, it would be darn near impossible to eat rice if we used chopsticks, although that may be anachronistic in Southeast Asia.

I learned to use chopsticks after my father came home from some sort of training in Taiwan. Bursting with enthusiasm for his new found knowledge, he promptly took us to Japanese and Chinese restaurants to impart this skill to us.

My first impression, of course, was that Taiwan must have been an entire nation of nutcases. Who, in his right mind, would bother to pluck his food with two unwieldy pieces of wood? The temptation to reach for the trusty spoon and fork was darn near overpowering.

The worst part for me was that I couldn’t pick several pieces of food at the same time. Thus, I was denied the symphony of flavors I had enjoyed in my mouth whilst scooping up my food with the spoon.

Over time, though, I learned to appreciate the advantages of chopsticks. The deliberate way by which I had to select which tasty morsel to ingest first made me understand that each serving had its own unique flavor to be appreciated in itself. There was beauty not just in the symphony, but in the unaccompanied aria as well.

Choosing between spoons and chopsticks is like choosing by which means we interact with others. If we choose the spoon, we jump into a gang, not paying much attention to individual qualities, but rather enjoying the interaction we have with everyone. In these situations, the spoon is the better choice, and it does its job well.

It is when the moments are more intimate that we have to use chopsticks; when a friend needs a shoulder to lean on, someone to listen, or when we decide whom to love or even to love at all. Chopsticks make us appreciate our loved ones as individuals, the smile that brings us boundless joy, the knowledge that we are cared for, and the hope of a bright future together.

Sometimes we don’t choose correctly, and we may brush aside someone who needs our attention, because we have chosen the spoon or we alienate ourselves from our coterie, when we wrongly choose the chopsticks.

It is in choosing correctly that one builds successful relationships with others. When we choose between chopsticks and the spoon and the fork, may we always choose wisely.

COKE SHOTS

2004-11-14T09:26:00.000+08:00

My friend stared in disbelief as I drew out the Coke, divided it into smaller, more manageable portions, then picked it off the table and ingested it through the mouth. I had run out of straws.

“Coke Shots” she says.

Hunhhh?

“You’re taking shots of coke, like you’re drinking whisky or something.”

I stared at the glass. Indeed I was. Why didn’t I just pour myself a whole glass of the sweet stuff, dang it! Actually, I had already poured what I thought was my last glass, but just couldn’t stop drinking, hence, I cheated by taking in inch high measures of the liquid, thinking those didn’t really add up.

Disclaimers by the Coca-Cola Company notwithstanding, their magic elixir remains one of the most addictive substances on the planet, easily outpacing those two other Filipino favorites, San Miguel Beer and Ginebra San Miguel. No, cocaine isn’t the secret ingredient, it’s CAFFEINE.

Yes, THAT caffeine. The same stuff you take in your daily cup of coffee. Why aren’t we happy enough with our morning starter-upper then?

To begin with, until Starbucks started marketing the Frapuccino, it just didn't seem right to take your coffee cold. And, being without any carbon dioxide, coffee doesn’t fizzle.

(Which reminds me of that now defunct Philippine Basketball Association team, the PEPSI SIZZLERS! Pepsi…? Sizzle…? Sounds like a bad joke, and so too the team, ultimately done in by the numbers 3, 4 and 9. You can say they fizzled out.)

It’s the carbonation that makes us believe that Coke is a palliative for everything from an upset stomach to the ladies’ monthly nuisance. You DON’T want to drink it if you’re suffering from gas, believe me.

Coke addiction takes a more sinister twist with me, however, as, like most addicts, I am often in denial about my addiction, convinced I can stop anytime I want to. Hey, George W. Bush gave up alcohol cold without anyone’s help and fifteen years later became President of the United States!

I figure if George W. Bush had to give up something more harmful in alcohol, I have a better shot at greatness than he did, being addicted to nothing more than Coca-Cola.

Let me see if there’s some Cherry in the fridge while I mull this over.

COGITO, ERGO, ZOOM

2004-11-13T01:48:00.000+08:00

When she was born, I expected, correctly of course, that my daughter meant Barbie dolls and ribboned dresses.

I had absolutely no inkling that she would share my passion for driving fast.

So here she is with me over at Kartzone in the two seater. She wanted her own ride but she's still a little too tiny for even the smallest kart.

Our children, do indeed prove our existence.

COGITO, ERGO, ZOOM

I think, therefore, I drive fast.

I WILL DRAW

2004-11-13T01:45:00.000+08:00

From an actual information in a criminal case for grave threats:

On April 1, 1997, at around 5 o’clock in the afternoon, the accused shouted the following words in the Cebuano dialect of the Visayan language:

“NA-UG DIHA KAY MO BIRA TA’G PUSIL”

which, when translated into English, is

“COME DOWN HERE BECAUSE I WILL DRAW A GUN WITH YOU”

?????

Case dismissed.

Bring out the crayons.

BEHIND BARS

2004-11-11T07:34:00.000+08:00

“JUDGE N FACES JAIL!” Screamed the banner story, with a matching picture of me scowling.

Great start to a new day. Crape Diem

Being Cebu’s judicial “media darling” seems to have inured me from such scandals. I have calluses on my face, figuratively speaking.

Ironically, I had just put up the picture below on the sidebar.
If I never see the insides of a detention cell, those who wish that I do may take a look and salivate. The picture was taken when we were converting a laundry room into my daughter’s new bedroom. Installing the prefab windows, we realized what they looked like and couldn’t resist the photo opportunity.

To emphasize how close I had come to incarceration, fines against judges are usually imposed by means of salary deductions. In my case, the Supreme Court gave me ten days to come up with the moolah or spend time in the friendly neighborhood NBI detention cell (at least I think it should be the NBI where a good friend of mine and respectable lawyer suffered a similar fate. Great men spend jail time, no?).

Well, with the fine imposed being roughly equal to a month’s pay (remember, HONEST JUDGE = NOT RICH), and just ten days to put it up, I wondered if I should call for reservations. Thank God for friends and relatives who offered their moral AND financial support, I don’t have to go begging or book passage to Alcatraz.

WHAT’S THIS IS HERE?

2004-11-07T19:57:00.000+08:00

Legend has it that when Lea & Perrins came up with the recipe for their famous sauce, they had no name for it.

Anxious to have people try it out, they invited an old timer who had to speak between the gaps in his teeth.

Taking a bottle of the sauce, he squints his eyes and remarks,

“WOSH DISH ISH HERE SHAUCE?”

So there.

The final word: It’s pronounced WOOSTERSHEER or WOOSTERSHAYR.

ENGLISH 101 FOR LAWYERS

2004-11-07T13:30:00.000+08:00

Why is it that so many lawyers don't know the difference between the term for a "cause of action" and the reason one has such a cause in the first place?

E.g. Use of the word "damages". In a complaint for damages, lawyers often conclude with, "As a result of defendant's negligence, the plaintiff suffered actual damages.... ?"

Isn't DAMAGE already plural?

What lawyers should remember is that "Damage" is the injury suffered by a person, while "damages" is the "cause of action" that arises from the injury.

So a better worded complaint for moral damages would read:

(For the damage suffered by the plaintiff), As a result of the sleepless nights and social humiliation plaintiff has suffered he is entitled to moral damages that may be placed in the amount of P1M.

Go ahead, make your dreams come true! But make sure you know the difference between "DAMAGE" and "DAMAGES."

What makes it worse is when you pick up a newspaper after a Typhoon and you read, "Typhoon ___ caused P15M in damages."

I'd like to meet the lawyer ready to sue mother nature.

LOSING MY ENGLISH

2004-11-07T13:18:00.000+08:00

LAW DESTROYS ENGLISH! No doubt about it, ever since my 1st year of law school, my self-expression has been impeded by the legal manner of writing. One sentence into this blog and I already catch myself using "manner of".

Needless to say, (there I go again), the natural consequence of four years of law, eight years of practice and four years in the judiciary, connive to bring about a form of english that is best described as gobbledygook!

Thank God for the Plain Language initiatives. I've been paying more attention to my daughter's grade 3 Language textbooks.

And what better way to practice my rediscovered English than with a BLOG?

As this blog grows longer, so should my English become more understandable, devoid of terms that look best in a legal pleading.

Here's to plain language!

Corruption in the judiciary

2004-06-02T02:59:00.000+08:00

Well, what have I got to say? Corruption in the judiciary? That really is something I want to share with all the good people of Cebu. After several setbacks that seem to tell me that I should turn my eyes away from the corruption around me, after four years on the bench, I finally was the recipient of my first bribe attempt, a measly P50,000.00.
Is that all it takes to bribe a judge nowadays? I've heard that some judges take even less.