MCDONALD’S (KATIPUNAN BRANCH) and/or MCGEORGE FOOD INDUSTRIES, INC. vs. MA. DULCE ALBA

G.R. No. 156382 

December 18, 2008

Ma. Dulce Alba was hired as part of the service crew of petitioner. Their handbook prohibits them from doing certain acts like sampling uncompleted/completed products during operations while crew is on duty. Rizza Santiago, also a crew member, witnessed respondent eating inside the crew room while on duty. Respondent was then suspended.

Explaining her act, respondent claimed in writing that she asked her co-worker if she could have a piece of her chicken since she was hungry and that her stomach was aching.  Thereafter, Mc Donald's terminated her employment.

The Labor Arbiter found that termination was too harsh and that the suspension was sufficient. 

In petitioner's motion for reconsideration, it presented payroll sheets showing that respondent did not render eight (8) hours of work a day.

Upon appeal, the NLRC  ruled that there was no willful conduct on the part of respondent to violate their company policy. 

The CA affirmed the decision of the NLRC.

Issues:

Was the termination was excessive?

Whether or not a clarificatory hearing should have been conducted by the Labor Arbiter.

Should the payroll sheets presented be given weight by the CA?

On the issue of a clarificatory hearing, This issue was raised for the first time before the appellate court, hence, it may not be considered.  The Labor Arbiter prudently saw it best to dispense with a hearing since the position papers and responsive pleadings, together with the attached documentary evidence, provided more than sufficient bases to resolve the case.Petitioners’ right to due process was thus not violated.

As reflected above, petitioners presented payroll sheets only when they moved for a reconsideration of the NLRC decision.  At any rate, the NLRC did not find those payroll sheets compelling enough to warrant a reversal of its decision.

Payroll sheets are inconclusive to disprove respondent’s eight-hour-per-day work shift.  Instead of payroll sheets, the time cards would have been more reliable.  Petitioners, however, did not present the same.  When a party has in its power to produce evidence that would overthrow the case made against it but fails to do so, the presumption arises that such evidence, if produced, would operate to its prejudice and support the case of the other party. 

Under Article  282 (a) of the Labor Code, willful disobedience to the employer's lawful orders as a just cause for termination of employment needs the concurrence of at least two requisites, viz: (1) the employee's assailed conduct must have been willful or intentional, the willfulness being characterized by a “wrongful and perverse attitude;” and (2) the order violated must have been reasonable, lawful, made known to the employee and must pertain to the duties which one has been engaged to discharge. 

With respect to serious misconduct, it is not sufficient that the act or the conduct complained of must have violated some established rules or policies.  It must have been performed with wrongful intent.

Petitioners finally harp on the supposed checkered employment record of respondent to justify her dismissal.  The resort by petitioners to respondent’s past conduct is a desultory attempt to explain their drastic action.  Previous offenses may be used as valid justification for dismissal from work only if they are related to the subsequent infraction-basis of the termination of employment. 

Parenthetically, the employment record of respondent reflects her fairly outstanding work ethic and performance, which is punctuated by at least 31 counts of commendations from the management no less.  

In fine, given the totality of respondent’s employment record, the penalty of dismissal is too discordant with the infraction she committed. 

sMiLe!!

Ambee Food Service (Jollibee Franchisee) vs. CA & Myrthle Marzan

Who would have thought that the issue, "which is better, Chickenjoy + Rice or Chickenjoy + Roll?" would be the cause of a long labor dispute.

with rice or with roll?

Facts:

Respondent Myrthle B. Marzan (Marzan) filed before the NLRC a complaint for illegal suspension and illegal dismissal with prayer for damages against petitioners Ambee Food Services, Inc. (Ambee) and its officers.

The following are excerpts from respondent's affidavit attached to her position paper:

“4. On October 12, 1999, at about 8:00 p.m. to 8:30 p.m.[,] counter crew members obtained orders from customers for rice and chicken joy on a waiting condition, that is, that they had to wait for about ten minutes. It was because the counter crew members asked those in the kitchen and production [sections] the availability of rice and chicken joy, and they were assured that these food products would become available about ten minutes more. Unfortunately, ten minutes passed but the kitchen and production sections were able to prepare only the chicken joy, not the rice.

5. Consequently, the crew members, upon instruction, offered the customers bread/roll in lieu of rice. Many of them agreed, and some complained. Of those who complained, one opted for the refund.

6. Meanwhile, one customer uttered some unsavory words before accepting our offer for bread/roll in place of rice. Still another customer inquired from me in a loud voice about his order. His loud voice instantaneously instilled a feeling of fear in me, and in response, I told him in a fearful and somewhat louder voice to just wait if I could have rice served on him. Such customer turned out later to be Rodolfo “Rudy” Garon. A copy of my report about such incident is attached hereto as Annexes “A” and “A-1.”

7. The following day, Mackey Dimaculangan, the Area Manager, called me by phone, and told me that there was a customer complaining against me in the name of Melba Olivares, and Ms. Dimaculangan read to me the alleged letter-complaint of the alleged Melba Olivares. I replied that there was really a customer who complained, but not the way the letter-complaint [narrated], and the complainant was a man, not a woman.xxx”

An investigation was conducted and it was recommended thereafter that respondent be indefinitely suspended.

In defense, Ambee Foods maintained that in the course of her employment, Marzan was not in good terms with her co-employees specially her subordinates who have various complaints, comments and unsavory remarks about her attitude in dealing with them, like alleged shouting at crew members, cursing them without even any valid reason and in front of other people. An instance was likewise recalled where she threw ketchup at a crew member.

Ambee Foods also claimed that, “Complainant was not terminated. Then on several occasions attempts by phone calls to talk to her about the case were refused, thus, settlement could not be effected. On one occasion that our accountant was able to talk [to] her she emphatically said that “I’ll just see you in court[;] xxx”

The Labor Arbiter dismissed the complaint, finding that the preventive suspension imposed on Marzan was not tantamount to illegal dismissal, holding that:

“xxx Significantly, the deliberate disregard, disobedience, or utter defiance by complainant over the respondents’ call for her report to work cannot be countenanced. This is not to say that complainant has no remedy against the rules or orders of the respondents which complainant may regard as unjust or illegal because she can object thereto or negotiate thereon. But until and unless the rules, orders, directive or instructions of [the] respondents are declared to be illegal or improper by competent authority, herein complainant cannot just ignore or disobey such order.

In fact, respondents’ desire for complainant’s return to work is such a noble act because notwithstanding the seriousness of complainant’s offense aggravated by various complaints, comments, and unsavory remarks from her co-employees and subordinates about her attitude, she is still being accepted by the herein respondents with open hands.

Ironically, while it appears from the records that complainant has reported on March 5, 2000, and punched her time card at exactly 11:27 a.m., she [had] also punched out her time card at 1:01 p.m.; also, it appears from the records that she did not report on her usual working hours, not in proper uniform, and did not perform her assigned task.xxx”

The Court of Appeals ruled that although Marzan’s actuation is improper it cannot be considered as grave enough to constitute serious misconduct to warrant the ultimate penalty of dismissal, and that her indefinite suspension pending investigation is tantamount to illegal dismissal.

Issue:

Was Marzan illegally dismissed? Consequently, whether the decision of the labor arbiter in this case, as affirmed by the NLRC, is entitled to respect if not finality and is considered binding on the appellate court.

Ruling:

Rulings of the labor arbiter and NLRC are strictly in accordance with the evidence presented and the applicable law, this Court should therefore sustain the same. Marzan was not terminated from employment but was merely suspended pending her administrative investigation as, in fact, there is no written or verbal communication to prove the alleged dismissal and that, up to now, petitioner Ambee is still awaiting Marzan’s decision to report back to work under the same terms and conditions. However, the penalty of backwages should not be given since the suspension was valid and it was Marzan who refused to return to work. Marzan was allowed to return to work under the same terms and conditions but without backwages.

"Kain Pinoy, Babe!"  

lots of jolly bees!

sMiLe!!

photos taken from:

1st: http://www.jollibee.com.ph/menu/chicken

2nd:http://www.google.com.ph/url?source=imglanding&ct=img&q=http://i384.photobucket.com/albums/oo283/torbmem/jollibee-1.jpg&sa=X&ei=zWPPTuLgNu2ViAf84_zlDg&ved=0CAsQ8wc4OA&usg=AFQjCNFAzWXth1B6I_Z6VVV24ccOJEiykw

I am reposting an announcement from the Supreme Court website for this year's Bar Exams.

Side comment -- Bar Ops "Banned".    Such a stiff word.  Too bad, it has been a tradition for years to hold bar ops within the bar site.  To ban this would really forget about the past bar exams.

'Bar Ops' Within Vicinity of UST Banned

Posted: October 24, 2011; By Gleo Sp. Guerra

Bar operations, such as setting up of streamers, sendoffs, and cheering squads, are banned within the vicinity of the University of Santo Tomas, the venue of the 2011 Bar examinations during November 6, 13, 20, and 27.

This was announced by Supreme Court Bar Confidant and Deputy Clerk of Court Atty. Ma. Cristina B. Layusa in a Bar briefing for superintendents and supervisors of the Bar examinations at the SC Old Session Hall this afternoon.

Atty. Layusa also revealed that 2011 Bar Chairperson Justice Roberto A. Abad has directed that the streets surrounding the UST campus (Dapitan St., P. Noval St., España Boulevard, and Lacson Avenue) remain open to traffic for all four Sundays of the Bar examinations.

To maintain peace and order during the Bar examinations, she said that the Court will be assisted by uniformed police and plainclothes agents of the National Bureau of Investigation.

Six thousand two hundred (6,200) law graduates have been cleared by the Court to take this year’s Bar Examinations, which for the first time will be held in November as well as feature multiple-choice questions. The list of admitted Bar applicants can be viewed at sc.judiciary.gov.ph.

Source:    http://sc.judiciary.gov.ph/pio/news/2011/10/10241101.php

http://www.amazon.com/gp/product/B0007152JG/ref=as_li_qf_br_asin_il_tl?ie=UTF8&tag=httpjcajotebl-20&linkCode=as2&camp=1789&creative=9325&creativeASIN=B0007152JG

Baculi vs. Battung

Judge Rene B. Baculi, Complainant, vs. Atty. Melchor A. Battung, Respondent

Supreme Court Second Division

A.C. No. 8920, September 28, 2011

Facts:

Judge Baculi, Presiding Judge of Municipal Trial Court in Cities, Branch 2, Tuguegarao City, filed a complaint for disbarment against Atty. Battung. He claimed that on July 24, 2008, during the hearing on the motion for reconsideration of Civil Case No. 2502, the respondent was shouting while arguing his motion. Judge Baculi advised him to tone down his voice but instead, the respondent shouted at the top of his voice. When warned that he would be cited for direct contempt, the respondent shouted, “Then cite me!”Judge Baculi cited him for direct contempt and imposed a fine of P100.00. The respondent then left.

While other cases were being heard, the respondent re-entered the courtroom and shouted, “Judge, I will file gross ignorance against you! I am not afraid of you!” Judge Baculi ocited him for direct contempt of court for the second time.

After his hearings, respondent again shouted in a threatening tone, “Judge, I will file gross ignorance against you! I am not afraid of you!” He kept on shouting, “I am not afraid of you!” and challenged the judge to a fight. Staff and lawyers escorted him out of the building.

Judge Baculi later found out that after the respondent left the courtroom, Atty. Battung continued shouting and punched a table at the Office of the Clerk of Court.

Issue:

Did Atty. Battung violate Cannons 11 and 12 of the Code of Professional Responsibility?

Ruling:

IBP Commissioner found that the respondent failed to observe Canon 11 of the Code of Professional Responsibility that requires a lawyer to observe and maintain respect due the courts and judicial officers. The respondent also violated Rule 11.03 of Canon 11 that provides that a lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. The respondent’s argument that Judge Baculi provoked him to shout should not be given due consideration since the respondent should not have shouted at the presiding judge; by doing so, he created the impression that disrespect of a judge could be tolerated. De la Rama recommended that the respondent be suspended from the practice of law for six (6) months.

The Supreme Court held that litigants and counsels, particularly the latter because of their position and avowed duty to the courts, cannot be allowed to publicly ridicule, demean and disrespect a judge, and the court that he represents.

A lawyer who insults a judge inside a courtroom completely disregards the latter’s role, stature and position in our justice system. When the respondent publicly berated and brazenly threatened Judge Baculi that he would file a case for gross ignorance of the law against the latter, the respondent effectively acted in a manner tending to erode the public confidence in Judge Baculi’s competence and in his ability to decide cases. Incompetence is a matter that, even if true, must be handled with sensitivity in the manner provided under the Rules of Court; an objecting or complaining lawyer cannot act in a manner that puts the courts in a bad light and bring the justice system into disrepute.

Atty. Battung was ordered suspended from the practice of law for one (1) year with a warning that a repetition of a similar offense shall be dealt with more severely.

http://nevadanewsandviews.com/wp-content/uploads/2011/08/1_gavel.jpg

Jurisprudence

I decided to create a blog, summarizing recent cases decided by the Supreme Court. But instead of creating a new blog, I decided to retain this blog and then focus on those legal cases, while my other blog, www.jakieandthebeadstalk.blogspot.com, will be more personal.

What say you?

Please watch out for my first case discussion, the case of Baculi vs. Battung.

Thanks!

NEW BLOG PAGE

Hello! I have a new blog page-----> http://jakieandthebeadstalk.blogspot.com

I will still be writing here, but not as often, because I will be using my new blog page as my primary blogpage. It's still with blogspot.com.

Thank you for bearing with my rants in some of my posts and thanks for taking the time to read/browse through my pages. I appreciate it.

God bless us all! Ciao!

http://jakieandthebeadstalk.blogspot.com/

Conway Made Me Miss My Train Stop

7:40 am, Pasay Taft MRT Station

Lots of people, two idle trains in both railways. I got inside one carriage and started reading "World Without End" by Chris Mooney. The trains are filling up real fast. Either train isn't moving. I read on...

7:50 am, still at Pasay Taft MRT Station

Unmindful of the people, I continue reading...

"What are you doing?"

"We can't call Raymond," she said.

"Why the hell not?"

"Because he's the reason why this operation failed," Pasha said. "Raymond Bouchard sold us out."

I look around, finally the train started to move. I read on...

8:10, Guadalupe Station

People are becoming really agitated. The driver announces that we can't move because a defective train was at the next station. Eager to get on with my book, I ignored the hotheaded people being bumped and stepped on by passengers trying to fit in the train. A few more pages...

8- something

"Mr. Cole?"

Faust turned around and saw Stephen Conway standing on the venting grid in the second tower of the glass, his face mournful.

Faust smiled. Time for the lesson to begin.

With the many people squeezed in the train, I just glance behind me to check if I'm near my stop. Estimating that my stop would take several more minutes, I try to finish the chapter.

"A medieval text for Christians. It lays out what Christians need to do in order to die in the grace of God."

"I don't understand."

"Don't worry. He will."

I glance behind me, I do a double-take, I look in front. The train was nearing a stop and the sign read, "NORTH AVENUE STATION."

SHOOOTTTT!!! I was supposed to get off at Quezon Avenue Station!!!!

8:15, North Avenue Station, walkway beside Trinoma Mall

Is there even a jeep going to Quezon City Hall!!!?!?!!?

I went to a jeepney terminal, asked a barker for the jeep to City Hall and good thing, a jeep was there, filling up quickly with passengers. I was the last one to get in and a good man sacrificed his good seat so I could sit properly. Bless him!

8:29 and a few seconds, Kalayaan Ave.

I walk really fast. A few more minutes and I might be able to beat the 8:30 time in the bundy clock.

... I put my time card in the bundy clock and in it was stamped, "8:31".

Darn, I'm late! Conway made me miss my stop!

Pichur-pichur!!!

I am a fan of mosaics and other photo art designs. In my quest for looking for a free software that would allow me to create mosaics, I discovered this fun website, www.bighugelabs.com.

The site offers the user to turn one's pictures into mosaics, pop-up posters, jigsaw puzzles, photobooth photo, mini album/photobooklet and lots more. And what's best, they are all for free! You can even download/save your finished creation and have it printed with your favorite photo printer anytime.

Here are some of the pics that I've made.

Try it. It's user-friendly and it's a great way to while away your time.

Jakie and the Beadstalk

Sometime in 1996, two friends, Cielpot and Ago, introduced me to the wonderful world of beading. I have always been interested in beading and in wearing beaded items but making them altogether was a totally exciting idea. They taught me how to string beads and make a simple flower bead. I never imagined that such simple craft would get me addicted to the hobby of accessory-making (not to mention that it's a way to earn extra money!)

From the simple stringing, I have now "levelled-up" to the more difficult beading styles like the use of wire, knotting, etc. I even join bazaars to sell my ware and I get orders from my officemates nowadays.

It's a good thing that my high school best friend, Yheng, introduced me to this fab mag, Bead Style Magazine. It features new yet easy- to- follow designs. I don't like the advertisements in the magazine though, since the craft stores are all located in the US and because they take up a lot of space in the magazine. But the featured designs are really great, and they provide beginners with Beading 101 lessons and tips. I never buy the new issues since they are priced at 400 pesos up but I buy back issues from Booksale. One just has to really look hard since these are not so easy to find.

Beading is great! I get to see my creation after a couple of hours; minutes, if it's a simple pair of earrings. For someone as impatient as me, this is really good since I get to see my finished product right away. And besides, I can be as bold or as subdued as I want to my products to be because I am not limited by any pattern, as compared with cross stitching or paper tole.

What's more satisfying is seeing other people appreciate the finished product. I like it too when people notice the tiniest details in the bead's texture, the color palette used in the accessory or even the handicraft.

And it's really really nice when I see people wearing what I have created. This, I think, is more valuable than the price that they pay for my work.

Jakie and the Beadstalk is my trade name for my beaded crafts.

3rd. photo courtesy of http://ebookee.org/Bead-Style-Magazine-Vol-4-No-1-January-2006_523340.html

Free tickets

Two weeks ago, I won two free tickets to any movie showing at Alabang Town Center, thanks to Fotoloco.

Fotoloco, offers its fun photo booth for rent during any occasion. Check out its website at http://www.fotoloco.com.ph for more info.

Every Monday and Friday, at 4 pm, Fotoloco has this Fotoloco Fun o'clock game. A scrambles picture is posted and fans get to guess whose photo that is. A few clues are given to help the guesser.

I won in the August 1 game. I correctly guessed Jake Gyllenhaal!

So yesterday, I got my tickets at the Tandang Sora Office of Fotoloco! Nice! Nice! Nice!

Panunumpa ng Kawaning Loko ng Gobyerno

Ako'y kawani ng gobyerno

Tungkulin ko na maglingkod kahit mababa ang sahod

Dahil dito, ako'y papasok nang maaga at magtatrabaho nang lampas sa oras kung may overtime pay at pameryenda

Magsisilbi ako nang magalang at mabilis sa lahat kagwapuhan at kagandahan

Pangangalagaan ko ang mga gamit, kasangkapan at iba pang pag-aari ng pamahalaan, kasama na ang games, ang internet, and headphone at iba pa

Magiging pantay at makatarungan ang pakikitungo ko sa mga lumalapit sa aming tanggapan, pero higit pa sa pagkapantay kung kagwapuhan at kagandahan

Magsasalita ako laban sa katiwalian at pagsasamantala lalo na yung tungkol sa mga taong masisiba sa libreng meryenda

Hindi ko gagamitin ang aking panunungkulan sa kapakanan ng iba dahil ito ay pang sa akin lamang

Hindi ako hihingi o tatanggap ng suhol kung maliit

Sisikapin kong madagdagan ang aking talino at kakayahan upang lumevel-up naman ang aking kagwapuhan/ kagandahan

Pagkat ako ay kawani ng gobyerno, tungkulin ko ang maglingkod nang maganda at mahusay para makabayad sa renta ng bahay ko

At sa panahong ito, na merong bonus, ako at ang aking mga kapwa kawani ay sama-sama sa isang mall para lustayin ang pinaghirapang sahod na binawasan na ng sandamakmak na tax, tungo sa isang malaki, mapayapa at walang laman na bulsa.

Sa harap ninyong lahat, ako'y taos-pusong nanunumpa.

Disclaimer: This is a pun on the "Panunumpa ng Kawani ng Gobyerno."

Some people will laugh at this and some won't. Either because they're guilty of doing the above, or because they have no sense of humor at all.

I enjoy working in the government and I wish civil servants would realize the true meaning of government service.

ANGRY with the BIRDS

Last week, I started playing the game Angry Birds by Rovio Mobile Ltd. I wanted to know why a lot of people are crazy about it.

The mechanics are quite simple, free the birds on the right side using placing the birds on the left on the slingshot. Drag the mouse to aim and bham! Check if your bird broke any cages or what have yous because your score depends on that and aim for the other birds.

It's a cute game actually.

When I was starting to play, I enjoyed the wishi-hhaaha-wakak--heeeheeee sounds that those birds make. But as I went thru the more difficult changes, I started to appreciate the thinking process involved just to clear a stage. It's not just a cute game of throwing birds into air but it is a puzzle!

Sometimes, I get frustrated with the stages because I know they are so difficult to complete and sometimes I would wish I would have twenty birds to shoot/throw to break all the stones/wood and ice just so I could clear the stage and get a new high score.

Anyway, I'm now on Level 16 of the Might Hoax Stage (PC version) and I'd have to end this blog so I could get back to work so that by lunch time, I would have spare time for my angry birds.

Photo courtesy of: http://zero-lives.blogspot.com/2010/11/genus-aves-iratus-angry-birds.html

Ka-LAW-ka

Kanina, nagpaprint ng Petition para makapag-Bar Exams and sister-in-law ko na si Donna. Ewan kung bakit, pero bigla akong binaha ng mga alaala nung panahong nasa law school pa lang ako, at di ko pa nakuha ang pinakakamimithing four-letter word (with a period) na magsisilbing gate pass ko sa Supreme Court.

Eto siguro ang iilan sa mga common experiences ng mga law students:

1. Pag tinawag ka at di mo na alam ang sagot, sumagot ka na lang ng "I'm sorry Sir/Ma'am, I wasn't able to read the case (kung case ang tinatanong) o I don't know the answer (for other questions)." Upo ka na. Bokya. Eto ang tinatawag na picture-taking. After at least five hours of reading and memorizing, wala pang 10 seconds ang itinayo mo sa room. Ang grade mo dun 60, minsan pa nga eh tumataginting na 0.

2. Pag natawag ka uli kasi lahat pala kayo di nabasa yung case na yun, ang grade mo, 60 ulit. Yun ang double murder. Wow, sa loob ng isang araw, pag swerte ka kasi konti lang ang pumasok, makakatatlong 60 ka. Lagpas perfect score na diba?

3. Pag absent ka at natawag ka, double 60 agad ang grade mo. Pero at least, di ka na napahiya at nagmukhang bobo. (May ibang prof. na hindi naman ganito ang policy. Dinosaurs sila- meaning, endangered species na sila kasi iilan lang sila na may puso)

4. Pag may prof kang di nagtatawag ng attendance, mas mabuti nang mag-absent nang mag-absent para alam mong pagpasok mo, ikaw na ang matatawag. Di mo na kailangang i-endure yung torture ng pagbabalasa ng prof. mo ng classcards at pag-iintay ng pangalan mo as the next contestant in the Q&A portion.

5. Sa law school, nagiging madasalin ang mga estudyante, dahil laging nagdarasal , "Dyoskopo, sana di ako matawag, promise bukas mag-aaral na ako..." At ang two best prayers, "Lord, sana walang pasok or sana absent si Prof." (nakapikit pa ang mata habang nagdadasal.)

6. Napapagkamalan kang preacher sa bus pag pumapasok. Bukod kasi sa naka-postura ka pag pumasok, may hawak kang makakapal na hardbound book na mukhang Holy Book. Codal pala yun.

7. Normal lang na during school hours eh amoy yosi ang room kasi yung prof mong dragon eh chain smoker. Sino ka ba naman para umangal?

8. Makapal ang kalyo ng mga daliri mo, hindi lang dahil sa mahahaba ang sagot sa essay-type questions tuwing exams kundi dahil naranasan mo nang kopyahin and buong libro mo sa iyong notebook. May iba kasing prof. na bawal ang may nakabukas na libro habang nagkaklase, pero pwede naman ang notes. Kaya yung iba, kinokopya na lang ang buong libro sa notebook nila, para mukhang notes din. May iba akong kaklaseng maparaan. Ang ginawa nila, pinaphotocopy nila ang libro at isa-isang dinikit ang pahina sa notebook nila. Mukha nga namang "notes" pag sa malayo.

9. Hindi lang libro ang kinokopya. Pati kaso na nadecide ng Supreme Courts, dina-digest or sinasummarize at kailangan isalin sa sariling sulat-kamay sa yellow pad o sa bond paper. Mga 200-300 cases lang naman to, no sweat diba? May affidavit pa yun attesting that it is your own handwriting.

10. Balik sa amoy yosi. Kung hindi ka nagyoyosi, medyo di mo kadikit ang prof, kasi habang andun sila sa labas habang break at nagchi-"chill", ikaw ay kasalukuyang nagmememorize ulit dahil baka matawag ka na. Besides, ayaw mo ng amoy usok, kaya take cover na sa room.

11. Kung di ka amoy yosi, amoy kape ka na. Kase gising na lang ulit yung alagang tandang ng kapitbahay mo, ikaw, di ka pa rin natutulog. Yung eyebags mo nga, ga-maleta na eh.

12. Bihira ang pumapasa sa midterms, lalo na sa first year. Bakit nga ba? Hanggang ngayon, hindi ko pa rin alam kung bakit.

13. Maraming matulungin sa law school, lalo na sa recitation. Naranasan ko ang maging Presidential Advisor during recitation- yung taga-bulong ng sagot habang recitation. Pero mas malimit na ako ang tinuturuan, lalo na nung 1st year. Minsan nga, may classmates nga akong nagsulat sa papel ng sagot, nasa kabilang side sila ng kwarto, para lang mapaupo na ako kasi kinalyo na ang paa ko sa pagtayo, wala pa din akong masagot, eh ayaw naman akong paupuin na ng prof at bigyan na lang ng 60! Ang problema lang, ang ginamit nila eh stabilo na color yellow! Wala akong nabasa! Pero grateful pa din ako. It's da thot dat counts. (Uy, baka nagbabasa niya siya ng blog ko, malaman niyang siya yun!)

14. Favorite expression ko nun habang recitation ay, "kainin na sana ako ng lupa!" Kaso hindi nangyayari yun. Yun din ang sinasabi ko nung naranasan ko yung nakasulat sa No. 13.

15. March na, fourth year ka na, hindi mo pa din alam kung ga-graduate ka na at makakapag-Bar na. May grad pic ka na nga eh, madami pang kopya na pwedeng ipamigay sa mga fans, pero di ka pa din pala ga-graduate! @&*^%$*&!!! Eto ang pamatay sa law school. So, balik ka na naman sa experiences No. 1-14.

Ka-LAW-ka!!!

Pahabol - Good luck kay Donna Tingzon-Cajote sa 2011 Bar Exams!

Letter to the President

Since it's "in" to ask from the President, I am writing this letter in the hope that the PCSO would also grant my request.

Dear President/Your Excellency,

Greetings of Peace! Instead of holding a birthday party last March, I decided to stay at home and contemplate about the letter that I will write to you.

Now, I have done a lot of contemplating and decided what I would ask from you.

I did not want to ask for a birthday cake because I already had one. I don't like parties so I won't ask for that too. I would have wanted money, but I might be able to spend it all in one go and would not be able to spend wisely so I have decided to ask for one thing.

I know I can do more to promote and work for peace. It is in this view that I am asking a favor from his Excellency. At present I really need a brand new car, possibly a 4x4, which I can use to reach the far-flung areas of Cavite. I hope yo will never fail to give a brand new car which will serve as your birthday gift to me. For your information, I have with me a fifteen-year-old car, KIT, which is not anymore in good running condition (good thing he won't be able to read this or he would surely have a fit). Therefore, this needs to be replaced soon. I'm anticipating your favorable response on this regard.

Thank you and I look forward to receiving it soon.

Love,

The Ever Lovable Me

Sacrifice

(my Mama, Mrs. Milagros R. Cajote)

I was walking towards MRT Pasay Station this morning when my thoughts turned to the word "sacrifice". It must have been something I saw or something I remembered that made me think that.

We all make a lot of sacrifices in our lives. I, for one, sacrifice another hour of extra sleep in favor the terrible 2-to-3-hour commute just to get to work. My husband sacrificed his career a few years back just so he could always be with us, his family.

There are some whose sacrifices are trivial to us. They are as mundane as not spending a few pesos just to save for a cellphone in the future or not eating rice for a smaller waistline.

Some really make sacrifices for very special reasons like not speaking up to a boss even if one is right just to save one's job or not eating rice anymore for health reasons.

And I thought of my Mama, who has made a lot of sacrifices in her life just to raise three (3) beautiful children in this world.

My Mama is a loving and caring mother. There is no other one like her. My siblings and I already have our own families but she still dotes on us whenever she can.

She sacrificed her career just to be with us and care for us. A very good mother, she gives everything she can if and when needed.

Her molo soup, sinigang, beef steak and crispy pata are the best in the world!

When one of her apo's is sick, she herself, would also worry to death about it. She could not even sleep well if a kid is sick.

Her back is rigid from carrying her "apo's". If that's not sacrifice to her health, then I don't know what else is.

Mama must have been an engineer in her past life. She knows about construction work and even tries her hand at it like painting our house. I know it's taxing, but she does it because likes it and also to save a few pesos.

I can't imagine how many tears and sweat she had shed just for us and her family. She and my Papa will be celebrating their 39th anniversary on Saturday. Their life is full of ups and downs and somewhere-in-betweens.

<--------------- Mama and Papa

It seemed not so long ago when, I was still in my elementary days and she brought me to Divisoria at my insistence. As expected, there were throngs of people in the area, I got squished and I did not enjoy the experience. That did not stop from going back there though.

It also seemed a few years ago when she accompanied me to audition in the defunct tv program, Bagong Kampeon. I remember, the set was located somewhere in Quezon City. My first audition was a disaster and she told me that we would not tell my siblings that I didn't pass the audition. I was truly grateful for that. And she accompanied me to my first voice lessons sometime later. It was something that I bugged my parents about, you know.

She accompanied me the second time I auditioned for Bagong Kampeon where I finally passed it. Whenever we would go the set of the show, we would eat at Joe Kwan afterwards (we always ordered their lechon paksiw). She would accompany me to weird locations where I would perform. Not all of my performances were worth standing ovations. I have had my moments where I wanted to crawl inside a shell for a long. long time and never come out. And even if my voice croaked and all the applause I got were because the audience pitied me, she was always there, supporting me and making me feel that I am her favorite singer in the world. She's my number one fan!

I am reminded of our the different food we share during our bonding moments. Mama dutifully brought me and my brother to our swimming classes when we were little. Our merienda after every class is "nilagang mais." Before we permanently resided in Cavite, Mama and I would visit our house there via mini buses parked in Baclaran. I would always ask her to buy me 2 pcs. choco honey dipped donuts and 10 pesos worth of itlog ng pugo. In our trips to Divisoria, we used to eat at this small carinderia along Ylaya St. or Juan Luna. The food is good but because we always have a tummy ache after eating there, our loyalties transferred to Jollibee Juan Luna or Divisoria Mall. Nowadays, when we shop at Divi, we just look longingly at the food in that carinderia and then head off to Jollibee. We'd rather drool than suffer the "explosive" consequences.

Oh, we used to like Chowing's chicken noodles. Used to. Well, that's because there was something in the soup, something that's not supposed to be there. I think until now, Mama is still wary of eating there.

She has always been very supportive of my weird activities - singing, a little acting, beading, selling, and even just being plain lazy (if that is even called an activity): name it, I do it and she knows it and supports it.

When I took the Bar Exams, she and my ninang went to the Bar site one Sunday and cheered me.

So in short, she has been there every special moment of my life- my oath taking, my wedding, when I gave birth to my son, etc. I am sure, I would not have been me if not for her (and my Papa too).

We may have our misunderstandings but her words of wisdom will always be remembered. I think it's human nature not to easily accept mistakes and advice from people. I am like that. But it doesn't mean I don't appreciate what my Mama taught me and continues to teach me.

And I thought back of the word "sacrifice". I don't think I can ever equal the sacrifices a mother makes for her children.

I can never equal my Mama's sacrifices for us.

Yaybu Mama!

Pampa-anghang sa Taong Nagko-commute

Isa ako sa mga milyon-milyong commuter sa Pilipinas.*

Nakakapagod magcommute. Minsan umagang-umaga pa lang, pawis ka na kasi nakipaghabulan ka sa bus na tumigil sa tapat ng "no loading and unloading sign" habang ikaw ay naghihintay sa tamang sakayan. Kesa nga naman hindi ka makasakay kakasunod mo sa batas trapiko, eh tatakbo ka na lang at makikipagsiksikan sa iba pang pasahero.

Nakakalokang magcommute. May mga bus o jeep na magsasakay ng pasahero, babagal sila unti-unti sa gilid. Ikaw naman na si nagmamadali, nag-aabang na habang papalapit sila. Kaso ang sasakyan ay lalagpas sa iyo, so ikaw, lalakad naman at susubukang habulin ang sasakyan kasi mabagal lang naman. Tapos biglang haharurot yung sasakyan na nainip kakaintay sa iyo, dahil di ka pa sumampa habang nagbabagal sila! Kaloka!

Pero, may mga tao na nakakapagpa-anghang lalo ng pagko-commute. Yung alam na nga nilang ang hirap nang magcommute, lalo pa silang nakakapagpadagdag sa hirap at wala silang pakialam dun.

Isa na dito ay yung mga babaeng feeling feelingan sa MRT/LRT. Ang sikip na nga, nakadekwatro pa kasi naka-palda. EH DI SANA TINAKPAN MO NA LANG NG PANYO O FACE TOWEL, O DI KAYA KUMOT ANG PALDA MO PARA DI KA MASILIPAN. HINDI YUNG TUMATAMA NA YUNG SAPATOS MO SA BINTI KO!

Eto pa. May mga taong akala nila, na dahil sa 8 pesos na minimum fare nila eh entitled na silang magkalat sa loob ng jeep o bus. May nakasabay akong kumakain ng lansones sa jeep. Lahat ng balat at butong niluwa niya ay nasa sahig. Matanda na po siya, kaya di ko naman masungitan, kaya dinaan ko na lang sa tingin --- Sa mukha niya papunta sa kalat niya, balik sa kinakain niya at sa sahig. WALANG EPEK. DEADMA.

Meron pa, sa jeep uli. May mga pasaherong gustong gustong umupo sa gitna o malapit banda sa driver. Pero pag may nagbayad, hindi nila papansin at hindi mag-aabot ng sukli o ng bayad. Magkacramps na ang kili-kili mo, hindi ka pa rin nila pinapansin. May nakausap ako na nagsabi sa akin na isa siya sa mga taong ganito. Ang dahilan niya, eh madumi daw ang pera. EH BAKIT, HINDI BA SIYA HUMAHAWAK SA PERA? MALINIS BA ANG KAMAY NIYA? Ang sarap apakan ng paa!

Alam ko nakakita na kayo ng ganitong pasahero. Yung sisigaw ng "para" habang nasa gitna ng highway at humaharurot. At galit pa kapag hindi tumigil agad ang sasakyan. Ang mas nakakainis dito eh yung ang tagal niyo sa stoplight o kaya ay trapik sa daan, tapos pagka-abante ng mga limang metro ay saka pa-"para". Isa pang konektado dito ay yung pagkasabi niya ng "para" eh saka magbabayad tapos 100 daan pala ang pera niya eh minimum fare lang siya. Hay naku. Pasaway.

May mga pasahero din at driver na hindi rin yata nakakabasa. May malaking karatula na ng "NO-SMOKING" pero deadma pa din. Sa terminal o sa loob ng sasakyan, wala silang pakudangan magyosi. Para ka nang manok na hinahanda sa topada pag binugahan ka nila. Ano yung sa commercial dati na parang "It's ok you mind"? Yung sasabihin mo sa katabi mo na nagsisigarilyo na, "excuse me, but I mind you smoking in the jeep." Basta parang ganun. Anyway, pag sinabi mo yan, asahan mo na babastusin ka ng sinita mo. Twice a month na ako kung ubohin, hindi naman ako nagsisigarilyo. Magkaka-lung cancer ako sa mga dragon na ito. HAAAY NAKU ULIT!

Naalala ko nung buntis pa ako, ang laki-laki ng tiyan ko, nung araw na nagdeclare ng curfew yung isang magaling na presidente na may nunal sa mukha, walang nagpa-upo sa akin sa bus kasi matrapik. Sige lang, wala na talagang gentleman ngayon. Walang nakunsensya, kaya titirahin ko na lang sila dito! Sana tinubuan kayo ng kurikong sa p*@t!

Marami pang iba, kaso mahaba na ito. Baka wala nang magbasa. Kaya sa susunod na lang. Mamaya, babyahe uli ako pauwi, at mag-aabang uli ako ng iba pang klaseng mga pasaherong galing yata sa ibang planeta.

Ingat!

* this blog makes use of a mixture of Filipino and English words and some "Tagalized" English words to better express the author's thoughts

* photo from http://www.google.com.ph/imgres?imgurl=http://www.stuartxchange.org/JeepneyThumbs.jpg&imgrefurl=http://www.stuartxchange.org/Jeepney.html&h=377&w=596&sz=39&tbnid=MPGINFXMl0t7QM:&tbnh=85&tbnw=135&prev=/search%3Fq%3Djeepney%26tbm%3Disch%26tbo%3Du&zoom=1&q=jeepney&usg=__jzVQm4ZCXXkRuF5s7er4FPlAGKE=&sa=X&ei=vDcBTrK7JIuMvQOF_bSGDg&ved=0CDMQ9QEwAg

Friendliness

These are may very dear friends from my previous work:

(in alphabetical order)

Abby

Aie

Dhang

Jo

Joy

Lanie

Nancy

(in suprehero order)

Dhang - Red 1

Lanie - Blue 3

Abby - Yellow 4

Joy - Pink 5

Aie - Annie

Jo - Shaider

Nancy - Fuma Ley-ar

(sorry Dudz, ang tagal mong mag-isip ng character mo eh)

They were one of the reasons for my staying for more than three years in my past job.

I am not going to be "senti" - I just want to thank you, mga mare, for being my friends.

Miss you mga bosot! :P