I feel like a little bit more emo than usual so i'm warning you, if you're not that "into it", don't even attempt to scroll down. Oh well, here goes nothin'...
Have you ever experienced being sullen and blue because of all the boundaries around you? Boundaries that are either made by you or inadvertently made by people around you. I personally have those boundaries made around me. But unlike other people, mine is more of a matter of choice. They say that boundaries don't just keep people out; they also fence you in. This is a very sad reality one has to face in order to sway in the music called life. Though I personally made my very own boundaries, I feel that these boundaries are slowly taking up the real me.
Since I was a kid, the idea of my friends knowing the "real" me is a scray thought. I have this mentality that the "real" me is not the cool enough to be accepted much more, appreciated. Growing up in a community where the cool guys live in booze, clubbing and doing daredevilish stunts did not help me in overcoming the feeling that I am boring. Good thing, I managed to accept that one need not do the things other people do to be accepted and appreciated. I managed to have friends (real ones) during my jopay and tamaraw days... Enough na nga! Actually, my problem now is how to erase the perception that Im too cool for law school. haha So there, I'll make a longer post next time...
Life is one big debate tournament. You travel for out-of-town venues, do foodtrips along the way, party during break nights, get disappointed for missed opportunities, cheer during victorious moments, cry over bad adjudication or wrong decisions, but you only need your friends and loved ones to make everything tolerable.
Monday, January 29, 2007
Tuesday, January 09, 2007
Some flick and i wishes...
I watched Blood Diamond yesterday with some law pals (vanj, she, joy, marlyn and reig) at shangri-la. It was a very nice movie. We also did some shopping and had some nice convo over a java and booze. Best part of it? I was able to browse my codal while waiting for the guys. GEEK! haha. Ok. I'm no-spoiler but I am really recommending it :) Also saw two guys during our gig. Kuya Sonny somewhere in Shang and Brian at Temptasians. It was a nice all girls gimik (of course, with the exception of she who gamely tagged along Zara, Chocolate and other girly stores. hehe) It was actually our last gig before taking a week-long hiatus for the midterms. Boo!
In a few days I'll be celebrating my 24th birthday. Yuck! Im getting old. Opps. Make that I'm getting FABULOUSLY old. haha. So, there. I did some thinking last night for my "wishlist" but my mind was kinda blah because of the booze so I only came up with a few.
* tons of greeting cards
* letters
Hay... I realized that making me happy is very easy. I'm not a big fan of material things. Basta, I just want tons of letters. I enjoy reading/ knowing what other people feel/think about me. But of course, I also appreciate really cool stuffs like * Indian-inspired accessories (you know those bracelets/ anklets with a connecting ring)
* Best of the following artists (Neocolors, The Company)* tickets for a show (ie. blue rep. hehe) and gerbera daisies.
This blog is not THAT public anyway because only selected and equally busy friends know my site so this is not a public plea to make me happy on the 27th but just a matter of creating an additionally relevant post. haha
In a few days I'll be celebrating my 24th birthday. Yuck! Im getting old. Opps. Make that I'm getting FABULOUSLY old. haha. So, there. I did some thinking last night for my "wishlist" but my mind was kinda blah because of the booze so I only came up with a few.
* tons of greeting cards
* letters
Hay... I realized that making me happy is very easy. I'm not a big fan of material things. Basta, I just want tons of letters. I enjoy reading/ knowing what other people feel/think about me. But of course, I also appreciate really cool stuffs like * Indian-inspired accessories (you know those bracelets/ anklets with a connecting ring)
* Best of the following artists (Neocolors, The Company)* tickets for a show (ie. blue rep. hehe) and gerbera daisies.
This blog is not THAT public anyway because only selected and equally busy friends know my site so this is not a public plea to make me happy on the 27th but just a matter of creating an additionally relevant post. haha
Saturday, January 06, 2007
Give me back my GI!!!
Insurmountable happiness was very apparent in the faces the Filipino people when the rape case filed by Complainant Nicole was adjudged against Smith. It was considered as a success not only of the Complainant but the Philippines’ rule of law as well.
However the order of Judge Pozon detaining Smith in the custody of the Philippines disregarding the “agreement” entered into by US and our government raises a question on the viability and legality of the said order.
In my opinion, it is but proper to uphold Judge Pozon’s Order of Detention. The argument of Smith that Judge Pozon resorted into his own interpretation of the Visiting Forces Agreement does not hold water in this case. What we should take into consideration is the fact that US already submitted Smith to the jurisdiction of the Philippine Courts as embodied in the VFA. It is then proper to assert that the logical implication of the same is to allow the Philippine Courts to take cognizance of the case based on our very own Criminal Proceedings and Rules of Cout. Meaning, it goes beyond the hearing of the case per se because it is inclusive of other matters appurtenant thereto ie. confinement of the accused pending appeal. It is then improper on the part of Smith to now claim that the Order of Detention was improperly laid because he is already estopped from asserting the same.
They say that the VFA entered into by the two countries has the presumption of regularity based on the Principle of Jus Cogens followed under the International Law because it is presumed that countries enter into an agreement or treaty in good faith. However, a deeper understanding can only be had if we transcend the technicalities. We must analyze what are the implications of submitting Smith’s custody to the US as well as the decision of the Court of Appeals mooting the said issue because of the so-called existence of a “new agreement”.
I believe that what the Executive department did was a supposedly shrewd political attempt to salvage US-RP relationship disregarding the fact that it would undermine not only our rule of law but the best interest of the Filipino people as well. On the other hand, I can say that the “so-gay” decision of the Court of Appeals upholding Judge Pozon’s judgment and at the same time rendering the transfer of Smith to US embassy moot and academic was a status quo decision that fails to make a very clear stand on the matter.
Sadly, the Court of Appeals failed to anticipate the repercussions of the said decision. The fact that Smith’s custody is in the US embassy presupposes the fact that the Philippines already lost jurisdiction over the person of Smith. In effect, the execution of judgment on the case would be an exercise in futility because I don’t think that US is imperceptive enough to surrender Smith to be penalized by the Philippines. Furthermore, rendering it moot and academic due to the existence of a new agreement between the two countries is a manifestation of blatant disregard to our domestic law insofar as treaty enforcement is concerned. It is because, for a new agreement to be valid, it must first be ratified by the Senate because it purports a new intention of the parties separate and distinct from the original.
I am not a big fan of Nicole because personally, I still believe that there was no rape (but then again that warrants another post). But when a public officer mandated to protect and serve the people is the same individual maligning the rule of law and betraying his countrymen, then that is something or someone worthy of a blog rant.
However the order of Judge Pozon detaining Smith in the custody of the Philippines disregarding the “agreement” entered into by US and our government raises a question on the viability and legality of the said order.
In my opinion, it is but proper to uphold Judge Pozon’s Order of Detention. The argument of Smith that Judge Pozon resorted into his own interpretation of the Visiting Forces Agreement does not hold water in this case. What we should take into consideration is the fact that US already submitted Smith to the jurisdiction of the Philippine Courts as embodied in the VFA. It is then proper to assert that the logical implication of the same is to allow the Philippine Courts to take cognizance of the case based on our very own Criminal Proceedings and Rules of Cout. Meaning, it goes beyond the hearing of the case per se because it is inclusive of other matters appurtenant thereto ie. confinement of the accused pending appeal. It is then improper on the part of Smith to now claim that the Order of Detention was improperly laid because he is already estopped from asserting the same.
They say that the VFA entered into by the two countries has the presumption of regularity based on the Principle of Jus Cogens followed under the International Law because it is presumed that countries enter into an agreement or treaty in good faith. However, a deeper understanding can only be had if we transcend the technicalities. We must analyze what are the implications of submitting Smith’s custody to the US as well as the decision of the Court of Appeals mooting the said issue because of the so-called existence of a “new agreement”.
I believe that what the Executive department did was a supposedly shrewd political attempt to salvage US-RP relationship disregarding the fact that it would undermine not only our rule of law but the best interest of the Filipino people as well. On the other hand, I can say that the “so-gay” decision of the Court of Appeals upholding Judge Pozon’s judgment and at the same time rendering the transfer of Smith to US embassy moot and academic was a status quo decision that fails to make a very clear stand on the matter.
Sadly, the Court of Appeals failed to anticipate the repercussions of the said decision. The fact that Smith’s custody is in the US embassy presupposes the fact that the Philippines already lost jurisdiction over the person of Smith. In effect, the execution of judgment on the case would be an exercise in futility because I don’t think that US is imperceptive enough to surrender Smith to be penalized by the Philippines. Furthermore, rendering it moot and academic due to the existence of a new agreement between the two countries is a manifestation of blatant disregard to our domestic law insofar as treaty enforcement is concerned. It is because, for a new agreement to be valid, it must first be ratified by the Senate because it purports a new intention of the parties separate and distinct from the original.
I am not a big fan of Nicole because personally, I still believe that there was no rape (but then again that warrants another post). But when a public officer mandated to protect and serve the people is the same individual maligning the rule of law and betraying his countrymen, then that is something or someone worthy of a blog rant.
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