Life is Beautiful

EVERY relationship has a cycle. In the beginning, you fell in love with
your partner. You anticipated their call, wanted their touch, and liked
their idiosyncrasies.

Falling in love with your partner wasn’t hard. In fact, it was a
completely natural and spontaneous experience. You didn’t have to DO
anything. That’s why it’s called “falling” in love… because it’s
happening TO YOU.

People in love sometimes say, “I was swept of my feet.” Think about the
imagery of that ___expression. It implies that you were just standing
there; doing nothing, and then something came along and happened TO YOU.

Falling in love is easy. It’s a passive and spontaneous experience.
But after a few years of being together, the euphoria of love fades. It’s the
natural cycle of EVERY relationship. Slowly but surely, phone calls become
a bother (if they come at all), touch is not always welcome (when it
happens), and your partner’s idiosyncrasies, instead of being cute, drive
you nuts.

The symptoms of this stage vary with every relationship, but if you think
about your relationship, you will notice a dramatic difference between the
initial stage when you were in love and a much duller or even angry
subsequent stage.

At this point, you and/or your partner might start asking, “Did I choose the
right person?” And as you and your partner reflect on the euphoria of the
love you once had, you may begin to desire that experience with someone
else. This is when relationships breakdown. People blame their partner for their
unhappiness and look outside their relationship for fulfillment.

Extra-relationship fulfillment comes in all shapes and sizes. Infidelity is the
most obvious. But sometimes people turn to work, church, a hobby, a
friendship, excessive TV, or abusive substances.

But the answer to this dilemma does NOT lie outside your relationship. It lies
within it.I’m not saying that you couldn’t fall in love with someone else.
You could. And TEMPORARILY you’d feel better. But you’d be in the same
situation a few years later. Because (listen carefully to this):

THE KEY TO SUCCEEDING IN RELATIONSHIP IS NOT
FINDING THE RIGHT PERSON; IT’S LEARNING TO
LOVE THE PERSON YOU FOUND.

SUSTAINING love is not a passive or spontaneous experience. It’ll NEVER
just happen to you. You can’t “find” LASTING love. You have to “make” it
day in and day out. That’s why we have the expression “the labor of
love.” Because it takes time, effort, and energy. And most importantly, it
takes WISDOM. You have to know WHAT TO DO to make your relationship work.

Make no mistake about it. Love is NOT a mystery. There are specific things
you can do (with or without your partner) to succeed with your relationship.
Just as there are physical laws of the universe (such as gravity), there
are also laws for relationships.

Just as the right diet and exercise program makes you physically
stronger, certain habits in your relationship WILL make it
stronger. It is a direct cause and effect. If you know and apply the laws,
the results are predictable. .. you can “make” love.

Love in a relation is indeed a “decision”.. . not just a feeling.

It was on June 17, 2008 the PGMA signed into law the granting of additional tax relief primarily to individual - either those who were earning purely compensation income or those who were in the practice of their profession and sole proprietors.  REPUBLIC ACT 9504 became effective as a law on July 6, 2008. The essence of the law was initially to relieve minimum wage earners from income taxation of both employees of the government and private sector.  It would effectively not only cover the basic pay but also would exclude from taxation the holiday pay, overtime pay, night shift differential and hazard pay.  Minimum wage earners, as identified in REPUBLIC ACT 9504, would mean those employees who worked in the private sector who were paid at the salary rate fixed by the Regional Tripartite Wages and Productivity Board of a region.  Those in the public sector, a minimum wage earner would mean employees earning not more than the statutory minimum wage in the non-agricultural sector.  However, those employees receiving other income, even if with a salary at the minimum wage, are excluded in the definition of minimum wage earners.  REPUBLIC ACT 9504 was better expanded to then increase the personal and additional allowable exemptions of individual taxpayers, effectively easing the burden of *taxation* on those employees earning beyond minimum wage.  The law provided that all individual taxpayers, regardless of tax status (Single, Head of the Family or Married) were given a personal allowable exemption of Php.50,000.00 while an additional allowable exemption of Php.25,000.00 for qualified dependents up to a maximum of four.

Unlike the previous increases in tax exemptions though, the BIR deemed it fit that these NEW TAX EXEMPTIONS would be effected on a pro-rata basis which would mean July 2008.  It would therefore mean that the Personal and Additonal Allowable Deductions are to be applied only by half for 2008.

RATIONALE: (Adapted from THE COURT SYSTEMS JOURNAL, Vol. 12, No. 3, September 2007 issue)

    The first time the Supreme Court (SC) acknowledged the admissibility of DNA evidence was in People vs. Vallejo alias Puke (GR No. 144656, May 9, 2002). Aside from formally and finally recognizing DNA evidence in jurisprudence, the High Court in Vallejo likewise laid down the standards to be considered in assessing its probative value. While acknowledging that DNA forensic analysis, if properly utilized by the Bench and Bar, can contribute significantly in helping to resolve many disputes and assist the courts in the delivery of justice, the SC is likewise aware that the indiscriminate and wholesale acceptance of DNA evidence, which is inherently influential and compelling, can result in even graver injustice.

    As gatekeepers of evidence and, more importantly, as fact-finders and initial decision-makers in the Philippine legal system, trial judges are tasked with ascertaining the admissibility of expert evidence, including testimony on DNA test results and, thereafter, assessing their credibility. In performing these tasks, trial judges should not only be aware of the underlying technology of DNA evidence and its real significance but, more importatnalty, should be given prescribed parameters on the requisite elements for reliability and validity (i.e., the proper procedures, protocols, necessary laboraotry reports, etc.), the possible sources of error, the available objections to the admission of DNA test results as evidence as well as the probative value of DNA evidence.

    On the part of the members of the Bar, their primary task is to protect the interest and welfare of their clients within the bounds of the law. To successfully perform this task, it is essential that the members of the legal profession are well-informed of the processes and procedures relative to the introduction and presentation of DNA evidence and, more importantly, are given proper grounds for objecting to, and/or assailing the credibility of, DNA evidence, a piece of evidence that is commonly mistaken as infallible. Indeed, it is only when the party litigants and their counsel are well-informed and sufficiently armed with statutory guidance that the adversarial system may weed out "junk science" from the evidence on record.

    The Rule on DNA Evidence is intended to be the guide to both the Bench and the Bar for the introduction and use of DNA evidence in the judicial system. Being a relatively new technology, guidance is necessary to ensure that the evidence gathered using various methods of DNA analysis is utilized effectively and properly, shall not be misused and/or abused and, more importantly, shall continue to ensure that DNA analysis serves justice and protect, rather than prejudices, the public.

(To be continued…)
 

CHI MING TSOI vs. CA

266 SCRA 342

Justice Torres:

Man has not
invented a reliable compass by which to steer a marriage in its journey over
troubled waters. Laws are seemingly inadequate. Over time, much reliance has
been placed in the works of the unseen hand of Him who created all things.

 Who
is to blame when a marriage fails?

xxx xxx xxx xxx

 Love
is useless unless it is shared with another. Indeed, no man is an island. The
cruelest act of a partner in marriages is to say “I could not have cared less”.
This is so because an ungiven self is an unfulfilled self. The egoist has
nothing but himself. In the natural order, it is sexual intimacy which brings
spouses wholeness and oneness. Sexual intimacy is a gift and a participation in
the mystery of creation. It is a function which enlivens the hope of
procreation and ensures the continuation of family relations.

 Marriage
is definitely not for children but for two consenting adults who view the
relationship with love amor gignit amorem, respect, sacrifice and a continuing
commitment to compromise, conscious of its value as a sublime social
institution.

sino ako… bukod sa pagiging peminista, abogada, kaibigan, kapatid, anak, babae at taong iyong iniibig… sino ako? sino ang tunay na ako? kung magbabago ang aking anyo, masasabi mo pa ba na ako si gina?

kung magbabago ang aking ugali… ang aking mga paniniwala at adhikain sa buhay, ako pa ba si gina na nakilala mo… marahil hindi na di ba? pero sino ba talaga ako? ibig sabihin ba na pag nagbago ako, tuluyan na akong magiging ibang tao? tuluyan na bang mabubura ang tunay kong pagkatao?

mahal mo ako dahil kilala mo ako. paano pag ang ako na nakilala mo nag iba na? magagawa mo pa rin bang ipagpatuloy ang pag ibig mo? magagawa mo pa rin bang matanggap ang panibagong ako?

oo, mahal mo ako ng buong puso… naiiintindihan ko ang mga katagang ito… hindi mo na kailangan ulitin pa…mahal mo ako bilang ako. wala akong duda diyan… naniniwala ako.

pero paano kung ang ako na nakilala mo noon ay tuluyan ng naglaho at nagiba? mamamatay rin ba ang pag - ibig mo o tuturuan mong muli ang sarili mo na mahalin ang panibago kong pagkatao?

"If you see me walking the road with someone else, it’s not because I like his company, it’s because you were not brave enough to walk beside me. If you hear me talking about him all the time, it’s not because he pleases me, it’s because you were deaf to hear my heartbeat. If you feel that I’m falling with someone new, it’s not because I love him, it’s because you were not there to catch me if i fall. I you feel lost, I too am nowhere…  I don’t know where the road is going…"

"If you wanna end up with the right person, you’ve got to make it happen… The best people are always taken… If you don’t steal them, you won’t have them."

"Men are like gum… After you chew, it loses its flavor."

"When a lady lawyer enters the court room, she carries with her her reputation… Promiscuity undermines such reputation. Thus, if you wanna have fun, be discreet…"

"Lots of people commit adultery. No, it shouldn’t happen. It is wrong. But it is also wrong to think that the law or a jury should make a difference. If two people love each other, they will gonna end up together. Stick a law, a judge or an old girlfriend between them, but still, they will find a way to be together because they are the ones who are meant to be."

"It just wasn’t you. You’re the best woman I’ve known. Your values, kindness, your beauty… You’re everything i looked for. When I finally found you, I was sure I would fall in love with you. I waited for it, but it never happened… I knew that marrying you would be the smartest thing to do. You would be a good mother, a great companion. Marrying you would have been the most practical thing. But part of me also would have died inside because I have no passion for you…"

"Love must win out. Go with your heart, follow your passion. But what about the consequences? The thing about love is that it is cloaked with so much romanticism that people sometimes refuse to see it as wrong even when it is wrong."

"If you’re involved with a married man and you wanna know if you are really meant for each other, don’t let guilt be an issue… But then, you may be meant to love each other forever but you are not meant to be together.”

“We all want love to come along, yet, we apply a lot of restrictions as to how it should come along…”

“Better to regret on the things you do rather than on the things you haven’t done.”

“The thing about great love is that it is immortal. It can live forever… even if the people involved don’t. When one dies, it is as if the other’s own center had been destroyed and nothing else mattered. He/she is lost… A love that he/she cherished more than life itself was taken from her…suddenly gone…”

“There are few things in life as precious as friendship. The best part of marriage is friendship and if we don’t associate a duty with it… a duty of loyalty, honesty, care… then, what have we got?”

“However much I know otherwise, part of me has always felt life has no meaning until you share it with somebody. Maybe that’s what I’m afraid of… my life suddenly taking on meaning or suddenly becoming void…”

“Sometimes, people get so used to things not working out. They strangely become more comfortable with failure than they are with success…. But then, don’t run away from someone you think is the right one… don’t run away from love. He who refuses to be hurt by love ends up by destroying himself.”

“Every relationship is like a cave. You have to explore it… mine it… but you have to venture into darkness…. That’s the glory of love.”

“We are lucky to have somebody with a bit of insanity… somebody who never lets you go… somebody who cherishes you forever…. Loving somebody forever is a legacy”

"To find love again, he had to lose it…
To find herself again, she had to lose him…."

Sometimes, what drives one away is not the absence of emotion, but the overwhelming presence of it to the extent that the identity of the person is lost in the process of loving…

Sometimes, a space between them would be of help… a space to know the flaws and mistakes… a space to rediscover yourself… a space to appreciate the love…. Another person would come into the picture, but then, one cannot really forget the person with whom, technically, you had spend the rest of your life with because of the long years you had been together. And sometimes, this person would turn out to be of help rather than a nemesis… He/she makes you realize that the love you had before is the one that is really meant for you… the one you should pursue… and the one you have to fight for…. That rebound lover discreetly teaches you to say to the other: "I’m sorry… my mistake… can we have one more chance?"

Petition for leave to resume the practice of law by Benjamin Dacanay
B.M. No. 1678 – December 17, 2007
Justice Corona 

Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 (Citizen Retention and Re-acquisition Act of 2003) can resume his law practice, he must first secure from the Supreme Court the authority to do so, conditioned on:

(a)    the updating and payment in full of the annual membership dues in the IBP;

(b)    the payment of professional tax;

(c)    the completion of at least 36 credit hours of mandatory continuing legal education; this is specially significant to refresh the applicant/petitioner’s knowledge of Philippine laws and update him of legal developments and

(d)     the retaking of the lawyer’s oath which will not only remind him of his duties and responsibilities as a lawyer and as an officer of the Court, but also renew his pledge to maintain allegiance to the Republic of the Philippines.

Basya: Ang totoo, hangang ngayon umaasa pa din ako na sabihin mo sa akin na ako pa rin…  ako na lang … ako na lang ulit…

Popoy: She loved me at my worst, you had me at my best… and you chose to break my heart…

    This is an interesting case wherein the judge, after investigation, recommended to the Office of the Court Administrator (OCA) the suspension of a court employee, a utility worker for that matter, for giving birth out of wedlock. The recommendation is hereunder quoted:

"Since respondent admitted that she
is single and that she got pregnant and gave birth to a baby boy without being
married to the father of the child, albeit she advanced the reason for her
remaining unmarried, it being that she and her boyfriend had a mutual plan to
migrate to Canada, this Investigating Judge considers that such conduct of the
respondent fell short of the strict standards of Court personnel and contrary
to the Code of Judicial Ethics and the Civil Service Rules. A place in the
judiciary demands upright men and women who must carry on with dignity, hence
respondent is guilty of disgraceful and immoral conduct which cannot be
countenanced by the Court. Certainly, the image of the Judiciary has been
affected by such conduct of the respondent."

The OCA, as well as the Supreme Court, however reversed the said recommendation.

For purposes of determining administrative
responsibility, giving birth out of wedlock is not per se immoral under
civil service laws. For such conduct to warrant disciplinary action, the same
must be “grossly immoral,” that is, it must be so corrupt and false as to
constitute a criminal act or so unprincipled as to be reprehensible to a high
degree.

 In Estrada v.
Escritor, we emphasized that in
determining whether the acts complained of constitute “disgraceful and immoral
behavior” under civil service laws, the distinction between public and secular
morality on the one hand, and religious morality, on the other should be kept
in mind. The distinction
between public and secular morality as expressed — albeit not exclusively — in
the law, on the one hand, and religious morality, on the other, is important
because the jurisdiction of the Court extends only to public and secular
morality. Thus, government
action, including its proscription of immorality as expressed in criminal law
like adultery or concubinage, must have a secular purpose.

For a particular conduct to constitute
“disgraceful and immoral” behavior under civil service laws, it must be
regulated on account of the concerns of public and secular morality. It cannot
be judged based on personal bias, specifically those colored by particular
mores. Nor should it be grounded on “cultural” values not convincingly
demonstrated to have been recognized in the realm of public policy expressed in
the Constitution and the laws. At the same time, the
constitutionally guaranteed rights (such as the right to privacy) should be
observed to the extent that they protect behavior that may be frowned upon by
the majority.

Under these tests, two things may be
concluded from the fact that an unmarried woman gives birth out of wedlock:

(1) if the father of the child is himself unmarried, the woman is not
ordinarily administratively liable for disgraceful and immoral conduct. It may be a
not-so-ideal situation and may cause complications for both mother and child
but it does not give cause for administrative sanction. There is no law which
penalizes an unmarried mother under those circumstances by reason of her sexual
conduct or proscribes the consensual sexual activity between two unmarried
persons. Neither does the situation contravene any fundamental state policy as
expressed in the Constitution, a document that accommodates various belief
systems irrespective of dogmatic origins.

(2) if the father of the child born out of wedlock is himself married to a
woman other than the mother, then there is a cause for administrative sanction
against either the father or the mother. In such a case, the
“disgraceful and immoral conduct” consists of having extramarital relations
with a married person. The sanctity of
marriage is constitutionally recognized and likewise affirmed
by our statutes as a special contract of permanent union. Accordingly, judicial
employees have been sanctioned for their dalliances with married persons or for
their own betrayals of the marital vow of fidelity.

 In this case, it was
not disputed that, like respondent, the father of her child was unmarried.
Therefore, respondent cannot be held liable for disgraceful and immoral conduct
simply because she gave birth to the child Christian Jeon out of wedlock.

-ANONYMOUS vs. RADAM
A.M. No. P-07-2333 (December
19, 2007)
J. Corona