“How’s your blog?” The voice from an unregistered number asked.
How’s my blog? Oo nga naman. How’s my blog?
I should start blogging na raw. My meek reply, “Takot ako e.”
Di ko lubos maisip na instead of becoming fearless I have turned into a chicken shit coward too afraid to write anything for fear of exposing my vulnerabilities.
As if I have any. Oh well I have a lot. Pero di naman ako matapang o survivor dahil wala akong vulnerabilities. Matapang ako dahil alam ko that no matter what happens kaya kong bumangon at tumayo ulit. Kapagod nga lang.
Sabi nga ng kaibigan ko, “Akala nila ang dami mo nang sinasabi, ang dami mo nang iniexpose. Di nila alam ang sinasabi mo barely scratch the surface and you only reveal what you want to reveal.”
Ayan! So I’m blogging.
Hopefully this becomes a habit again.
Ano ba ikukukwento ko?
Ah. OK.
Diet. A few weeks back I had a bout of allergy attacks that prompted me to stop eating meat and chicken. Simultaneously I started drinking a slimming coffee that made my appetite disappear. I also started dancing and yoga due to a crazy bet with a friend that I later on withdrew.
All four combined made me lose 5 kilograms from a hefty 70 kg I went down to 65kg. Kudos to me!
Last week, I took over most of Tatay’s hearings since he was out of town. Instead of my usual sikad and tricycle bakentol files system, his driver, car and bodyguard were detailed to me. Well and the sakit sa ulo that goes with his case files too!
Naisip ko tuloy, “Maayo pa ang gasikad sikad ka sini at least wala gahilab tyan mo sa stress kag wala gainit ulo mo!” But then again asan ba at dyan din ako pupunta. Magseseven months pa lang akong lawyer and whether I like it or not the trajectory of my practice is destined to follow the direction that my father’s practice has taken. Give or take a few things that I like and do not like.
Ang pinapray ko lang that twenty years from now I will still recognize and like myself.
I’m digressing. About the diet. So because of the very stressful schedule and confident that the allergies have subsided. I ate meat. I ate a lot of meat. I’m too chicken shit to step on a scale and too tired to exercise for the past few days, I think it is safe to assume that I gained weight na naman.
Last night, karne na naman. I dismissed my 8:30 class fifteen minutes early. One, because that class is so ahead of the coverage and two because I wanted to have dinner with my friend.
We ate meat. Tenderloin was superb but the sirloin is a dentist’s nightmare. Sa pagkalanit! Sirloin? Two thumbs down! Not value for money at all.
As usual for every one word my friend utters I have twenty. Often, I wonder why I am friends with people who are so “malalalim at matipid ang salita.” Seriously, the people who knows who I really am are the tahimik type though they are not tahimik all the time naman. Yung mga tipong tahimik lang pero kapag napuno mashoshock ka na lang na ”Aba! Mabilis at marami pala tong gustong sabihin!” My sister is included in this category.
Anyways. So I go ratatatating with my issues and my take on issues and my friend gives her well thought out opinions. In hindsight, it shames me how I could monopolize a conversation but I appease myself with the fact that I have been her friend for roughly five years already. By this time she had already made a decision to be my friend no matter how crazy, moody and flippant I could get. Besides, I’m a good friend. She gets my kind of crazy but she also gets dependability.
Maldita at strict! These are the reviews that I have been getting from my new crop of students. Teller pa ng BDO nagsabi and a former student.
Oh well! Opinion ng mga bata yan. I’m not in a beauty contest anyway and vying for Ms. Congeniality.
I smell. It is a holiday and I smell. Kung pwede lang hindi maligo kapag walang trabaho yan gagawin ko pero di ko kaya ang bantot e. So I am going to end it here.
Ah one more.
My love life or the lack of it I suppose is getting complicated instead of simplier. Award!
Tuesday, November 16, 2010
Friday, August 13, 2010
NOTARIO PUBLICO not Notario Publico LANG
The first thing that comes into my mind when someone says notario publico is a lawyer stationed on the pavements near city halls plying his services like an ordinary hawker of some cheap wares.
I used to think that.
The perception changed when I started studying the law. The change of perception became even drastic when I applied for my notarial commission.
For one, it is harder now to get a commission to become a notary public. The requirements are numerous. The Executive Judge in our city is very strict in ensuring that the requirements are met and rightfully so.
It is not unusual to see lawyers temporarily denied of their commissions due to non compliance with the requirements or numerous violations of the Notarial Law based on their notarial register.
Second, a concientious notary public will painstakingly explain to the client what exactly is the content of the documents he is signing and what are its implications.
I have encountered testimonies that are demolished on cross examination due to the lack of appreciation of the witness of the contents of his affidavit.
Or documents that surrender the rights of one of the signatories without compensation and are clearly skewed in favor of the other party in the event of litigation.
Third, a compliant and strict notary public will save you a lot of money by sparing you the hassle and expenses of future litigations.
Clients are supposed to be appraised of these key concepts in order to spare themselves the hassle of bungled cases and unmeritorious complaints.
E.g.
Complaints with annexed affidavits notarized by a supposed notary public with expired commissions are often dismissed for lack of supporting documents since those affidavits are deemed mere scraps of paper.
Extra judicial partition when not published and registered with the Register of Deeds are not valid and binding. This must be explained to clients who think they are saving on cost when they do not publish their settlement.
The governing law remains the law on general partnership on notarized Limited Partnership agreements unless the limited partnership is registered with the Securities and Exchange Commission.
The sale of real property must always be with the consent of the other spouse.
Matters that are often taken for granted by laymen have impact on their rights. This is the reason why a notary public performs a very important office.
So the next time you think you are getting a bargain because your only paid fifty pesos for your affidavit ask yourself these:
Totoong abogado ba ang nagnotaryo nito?
Di kaya pang anim na ako sa docket na to?
May silbi ba ang papeles ko na to?
I used to think that.
The perception changed when I started studying the law. The change of perception became even drastic when I applied for my notarial commission.
For one, it is harder now to get a commission to become a notary public. The requirements are numerous. The Executive Judge in our city is very strict in ensuring that the requirements are met and rightfully so.
It is not unusual to see lawyers temporarily denied of their commissions due to non compliance with the requirements or numerous violations of the Notarial Law based on their notarial register.
Second, a concientious notary public will painstakingly explain to the client what exactly is the content of the documents he is signing and what are its implications.
I have encountered testimonies that are demolished on cross examination due to the lack of appreciation of the witness of the contents of his affidavit.
Or documents that surrender the rights of one of the signatories without compensation and are clearly skewed in favor of the other party in the event of litigation.
Third, a compliant and strict notary public will save you a lot of money by sparing you the hassle and expenses of future litigations.
Clients are supposed to be appraised of these key concepts in order to spare themselves the hassle of bungled cases and unmeritorious complaints.
E.g.
Complaints with annexed affidavits notarized by a supposed notary public with expired commissions are often dismissed for lack of supporting documents since those affidavits are deemed mere scraps of paper.
Extra judicial partition when not published and registered with the Register of Deeds are not valid and binding. This must be explained to clients who think they are saving on cost when they do not publish their settlement.
The governing law remains the law on general partnership on notarized Limited Partnership agreements unless the limited partnership is registered with the Securities and Exchange Commission.
The sale of real property must always be with the consent of the other spouse.
Matters that are often taken for granted by laymen have impact on their rights. This is the reason why a notary public performs a very important office.
So the next time you think you are getting a bargain because your only paid fifty pesos for your affidavit ask yourself these:
Totoong abogado ba ang nagnotaryo nito?
Di kaya pang anim na ako sa docket na to?
May silbi ba ang papeles ko na to?
Friday, July 30, 2010
Writing, Typing, Delusions, Frustrations and Dreams
I could not write.
If I would chose a major source of frustration it would be that I could not write.
But I need to learn to write fast.
If I would chose a major source of frustration it would be that I could not write.
But I need to learn to write fast.
Monday, July 26, 2010
Notario Publico
July 29, 2010 is my third monthsarry as a lawyer.
It is also the scheduled date of my petition for notarial commission hearing.
A lawyer does not automatically become a notario publico. She has to apply for and be granted a notarial commission before she can function as one.
In my case, I filed my petition last June 6, 2010. Prior to that, I went through the process of securing a number of certifications from the Integrated Bar of The Philippines - both national and the local chapter and from the Supreme Court. I also paid for the publication of the petition in a local newspaper.
I'm crossing my fingers that the order granting my petition will be given on the 29th too or at the soonest date so that I can already call myself a notary public soon. :)
I used to think that a notario publico is just a person who affixes his signatures on documents and charges gazillions of pesos.
Ay na! Mali ako. I noticed that a number of disbarment cases in the supreme court website involved lawyers/notary publics who were remiss in their compliance with the Notarial Practice Rule.
Thus, I promised myself that when I will already have my commission I will pay special attention to two of the most common errors committed by notary publics :
1. failing to require the presence of the principal; and
2. failing to ask for competent evidence of identification (identification card with picture issued by an agency; cedula no longer valid)
I have read of a disbarment case where a lawyer allows his wife to notarize documents when he is not in the office.
Rumors of dead lawyers signing antedated deed of sales still abound. Allegedly, the secretary forges the dead lawyers signature.
Another problem that a number of lawyers encounter is unscrupulous secretaries notarizing documents by forging their bosses' signature and utilizing one docket number for at least two documents.
Ay na! Ang mga nagpanotaryo ang kawawa! Patay din ang lawyer kapag nireklamo.
So sa akin ayusin ko na lang to and I will pray na sana ang mga kakilala ko will not ask for favors like: "Psyche ok lang ba walang pirma ng asawa ko bebenta ko lupa namin." OR "Patay na tatay ko pwede ba antedated ang papeles?" OR "Nasa US ang magbebenta pwede bang inotarize mo na lang?" OR "Cedula na lang Psyche."
Dahil wala talaga akong magagawa kundi sabihing HINDI which would be embarrassing for both of us at baka isipin mo pa na hindi ako mapakiusapan. Pwede namang pakiusapan pero wag naman yung mga illegal. :)
Fingers crossed, hopefully I will have a reputation of mahal ang notario (dahil finafollow ang taripa) pero lahat ng legal documents na signed ko will be unassailable in any court of law. :)
It is also the scheduled date of my petition for notarial commission hearing.
A lawyer does not automatically become a notario publico. She has to apply for and be granted a notarial commission before she can function as one.
In my case, I filed my petition last June 6, 2010. Prior to that, I went through the process of securing a number of certifications from the Integrated Bar of The Philippines - both national and the local chapter and from the Supreme Court. I also paid for the publication of the petition in a local newspaper.
I'm crossing my fingers that the order granting my petition will be given on the 29th too or at the soonest date so that I can already call myself a notary public soon. :)
I used to think that a notario publico is just a person who affixes his signatures on documents and charges gazillions of pesos.
Ay na! Mali ako. I noticed that a number of disbarment cases in the supreme court website involved lawyers/notary publics who were remiss in their compliance with the Notarial Practice Rule.
Thus, I promised myself that when I will already have my commission I will pay special attention to two of the most common errors committed by notary publics :
1. failing to require the presence of the principal; and
2. failing to ask for competent evidence of identification (identification card with picture issued by an agency; cedula no longer valid)
I have read of a disbarment case where a lawyer allows his wife to notarize documents when he is not in the office.
Rumors of dead lawyers signing antedated deed of sales still abound. Allegedly, the secretary forges the dead lawyers signature.
Another problem that a number of lawyers encounter is unscrupulous secretaries notarizing documents by forging their bosses' signature and utilizing one docket number for at least two documents.
Ay na! Ang mga nagpanotaryo ang kawawa! Patay din ang lawyer kapag nireklamo.
So sa akin ayusin ko na lang to and I will pray na sana ang mga kakilala ko will not ask for favors like: "Psyche ok lang ba walang pirma ng asawa ko bebenta ko lupa namin." OR "Patay na tatay ko pwede ba antedated ang papeles?" OR "Nasa US ang magbebenta pwede bang inotarize mo na lang?" OR "Cedula na lang Psyche."
Dahil wala talaga akong magagawa kundi sabihing HINDI which would be embarrassing for both of us at baka isipin mo pa na hindi ako mapakiusapan. Pwede namang pakiusapan pero wag naman yung mga illegal. :)
Fingers crossed, hopefully I will have a reputation of mahal ang notario (dahil finafollow ang taripa) pero lahat ng legal documents na signed ko will be unassailable in any court of law. :)
Saturday, June 26, 2010
Dalawang Buwan
Aside from wearing heels and power dressing, what I had imagine when I was a kid was a far cry from what I really do as a lawyer.
I used to imagine myself arguing in court like a lawyer in American movies. Impassioned, articulate and correct.
In reality the closes that I get to the movie version is that I speak English when I address the court.
Too much passion is avoided least the show of emotion will offend the judge or will cause the other lawyers to murmur "grandstanding." Articulate can happen in 80% of the hearings but there are the 20% of the time when despite all your training in debate and your love for the fact that people listens to you, you are just lost for words. I often say the correct things but the fact that I am a two month old lawyer, I often second guess myself. Whoever said that one moot court experience will prepare you for a career as a litigator is just plain delusional!
I did not imagine myself studying for two days a provision of the RPC that I used to focus on for just ten minutes.
I did not imagine that I would consistently spend two hours of my work days drafting letters.
I did not imagine that I will actually conduct an ocular inspection at six in the morning, wearing shorts and no "ligo" dahil ang area ay masyadong maalikabok and it does not make sense to power dress for an eight o'clock hearing at six in the morning when you will end up covered in dust anyway.
I did not imagine myself telling a grown old woman that I know my law and I studied it for ten years with the intensity of a crazed woman about to stab her husband's lover. Sino ba naman hindi magagalit lelecturan ka ba naman ng law in a loud and condescending manner habang dinuduroduro ka. And that would have been OK if she were a lawyer, the lecture part, pero hindi e. Besides kahit lawyer pa sya the duro at ang pagiging condescing ah ay ibang usapan yan. Too make matters worst mainit na ulo ko sa kalaban na to dahil inaabuso ang client ko. Ako OK lang sa akin ang inaabuso ang ibang tao at hindi sila nagfafight back simply because they think it is a sensible thing to do pero yung hindi lumalaban dahil walang kakayahan, ay sorry nabubuhay ang Messianic complex ko!
I did not imagine myself becoming knowledgeable in interior design standards, geodetic engineering requirements or automotive design simply because I want to have a firm grasp of the technical aspect of the case in order to properly connect it with the legal component. This one masaya ako dahil nagkakaroon ng variety ang nalalaman at binabasa ko.
I did not imagine na maghahanap ako ng testigo sa mga liblib na lugar at umihi sa likod ng mga matataas na damo at puno dahil walang CR ang testigo.
I did not imagine na magiging OK lang sa akin na pakawalan ang isang client na willing magbayad ng walang discount na attorney's fees at pinag-aralan ko na ang kaso ng limang araw pero gusto namang ang kanyang sistema ang masusunod. In hindsight, pwede namang nag yes na lang ako sa gusto nya tutal babayaran nya naman ako pero hindi ko lang talaga kayang magyes lang ng magyes sa taong hindi naman alam kung ano ang dapat gawin more so na kung ang gusto nya ang masusunod ay talo ang kaso nya. Worst dahil aral na aral na ako alam ko na talaga kung paano patakbuhin ang kaso nya. Mahirap sa akin ang mag astang tanga kung alam ko ako ang tama at lalo na kung makakabuti sa iyo ang alam ko.
I did not imagine na hindi ko alam kung magkano ang isisingil. I usually end up charging way less than the standard fee to the chagrin of my father. I could still hear his usual dialogue. "Ano ka tig lima cinco? Ano matyag mo sa kaugalingon mo suruguon lang? Wala ka kabalo kung ano kadugay kag kabudlay ng obrahon mo. Marilitik ulo mo sina!" Rough translation: "Who do you think you are? A person selling her wares on a bargain? Do you think you are just a slave? The case that you just accepted is very complicated and will take years to litigate. Your head will explode because of that!" Well I know how complicated the cases are. I just do not know na dapat ganyan pala ang isisingil. Argh!
I did not imagine how emotionally charged my job is. Maybe if I were a legal counsel of some corporation or a legal officer III of some government agency I will not be subjected to the emotional roller coaster ride that is the range of human emotions that pass through my cubicle every day.
I did not imagine how excited I could get over some product liability case or how dejected I felt when I realized that the venue of a case of first impression is twelve hours away and the client did have the money to pay for litigation. (Kung malapit lang "legal aid" ko na lang sana yun!)
Sa martes dalawang buwan na akong abogada, Masaya kahit may mga araw na gusto ko ng umiyak sa pagod both physically and emotionally. Masaya kahit may mga araw na feeling mo ikaw na ang pinakabobong tao sa mundo at ayaw mo ng tumigil magbasa dahil hindi mo gustong hindi mo alam ang sagot sa tanong na bumabagabag sa utak mo. Masaya kahit inaaway ka ng kalaban ng client mo. Masaya kase kahit mahirap gusto mo.
I guess what I really need to learn now is to unwind dahil sabi nga ng teacher ko "Mamamatay ka ng maaga kung hindi ka marunong magrelax sa trabahong to."
Chillax.
I used to imagine myself arguing in court like a lawyer in American movies. Impassioned, articulate and correct.
In reality the closes that I get to the movie version is that I speak English when I address the court.
Too much passion is avoided least the show of emotion will offend the judge or will cause the other lawyers to murmur "grandstanding." Articulate can happen in 80% of the hearings but there are the 20% of the time when despite all your training in debate and your love for the fact that people listens to you, you are just lost for words. I often say the correct things but the fact that I am a two month old lawyer, I often second guess myself. Whoever said that one moot court experience will prepare you for a career as a litigator is just plain delusional!
I did not imagine myself studying for two days a provision of the RPC that I used to focus on for just ten minutes.
I did not imagine that I would consistently spend two hours of my work days drafting letters.
I did not imagine that I will actually conduct an ocular inspection at six in the morning, wearing shorts and no "ligo" dahil ang area ay masyadong maalikabok and it does not make sense to power dress for an eight o'clock hearing at six in the morning when you will end up covered in dust anyway.
I did not imagine myself telling a grown old woman that I know my law and I studied it for ten years with the intensity of a crazed woman about to stab her husband's lover. Sino ba naman hindi magagalit lelecturan ka ba naman ng law in a loud and condescending manner habang dinuduroduro ka. And that would have been OK if she were a lawyer, the lecture part, pero hindi e. Besides kahit lawyer pa sya the duro at ang pagiging condescing ah ay ibang usapan yan. Too make matters worst mainit na ulo ko sa kalaban na to dahil inaabuso ang client ko. Ako OK lang sa akin ang inaabuso ang ibang tao at hindi sila nagfafight back simply because they think it is a sensible thing to do pero yung hindi lumalaban dahil walang kakayahan, ay sorry nabubuhay ang Messianic complex ko!
I did not imagine myself becoming knowledgeable in interior design standards, geodetic engineering requirements or automotive design simply because I want to have a firm grasp of the technical aspect of the case in order to properly connect it with the legal component. This one masaya ako dahil nagkakaroon ng variety ang nalalaman at binabasa ko.
I did not imagine na maghahanap ako ng testigo sa mga liblib na lugar at umihi sa likod ng mga matataas na damo at puno dahil walang CR ang testigo.
I did not imagine na magiging OK lang sa akin na pakawalan ang isang client na willing magbayad ng walang discount na attorney's fees at pinag-aralan ko na ang kaso ng limang araw pero gusto namang ang kanyang sistema ang masusunod. In hindsight, pwede namang nag yes na lang ako sa gusto nya tutal babayaran nya naman ako pero hindi ko lang talaga kayang magyes lang ng magyes sa taong hindi naman alam kung ano ang dapat gawin more so na kung ang gusto nya ang masusunod ay talo ang kaso nya. Worst dahil aral na aral na ako alam ko na talaga kung paano patakbuhin ang kaso nya. Mahirap sa akin ang mag astang tanga kung alam ko ako ang tama at lalo na kung makakabuti sa iyo ang alam ko.
I did not imagine na hindi ko alam kung magkano ang isisingil. I usually end up charging way less than the standard fee to the chagrin of my father. I could still hear his usual dialogue. "Ano ka tig lima cinco? Ano matyag mo sa kaugalingon mo suruguon lang? Wala ka kabalo kung ano kadugay kag kabudlay ng obrahon mo. Marilitik ulo mo sina!" Rough translation: "Who do you think you are? A person selling her wares on a bargain? Do you think you are just a slave? The case that you just accepted is very complicated and will take years to litigate. Your head will explode because of that!" Well I know how complicated the cases are. I just do not know na dapat ganyan pala ang isisingil. Argh!
I did not imagine how emotionally charged my job is. Maybe if I were a legal counsel of some corporation or a legal officer III of some government agency I will not be subjected to the emotional roller coaster ride that is the range of human emotions that pass through my cubicle every day.
I did not imagine how excited I could get over some product liability case or how dejected I felt when I realized that the venue of a case of first impression is twelve hours away and the client did have the money to pay for litigation. (Kung malapit lang "legal aid" ko na lang sana yun!)
Sa martes dalawang buwan na akong abogada, Masaya kahit may mga araw na gusto ko ng umiyak sa pagod both physically and emotionally. Masaya kahit may mga araw na feeling mo ikaw na ang pinakabobong tao sa mundo at ayaw mo ng tumigil magbasa dahil hindi mo gustong hindi mo alam ang sagot sa tanong na bumabagabag sa utak mo. Masaya kahit inaaway ka ng kalaban ng client mo. Masaya kase kahit mahirap gusto mo.
I guess what I really need to learn now is to unwind dahil sabi nga ng teacher ko "Mamamatay ka ng maaga kung hindi ka marunong magrelax sa trabahong to."
Chillax.
Sunday, June 6, 2010
Appearances
Today I am wearing black slacks, white polo and a blazer. I do not have a hearing and I'm pissed.
Nasanay kase ako sa pormang UP: tattered maong pants, tsinilas (Hindi Havianas or Ipanema ang pinaguusapan natin dito. Usapang Spartan ito.), t-shirt na maluwang and ligo is optional.
Naligo naman ako ng Sabado pero lumang pantalon ang suot ko may punit pa, nakatsinelas at ang T-shirt ko ay kumukupas na. Akala ata ng client ng Tatay ko tambay lang ako sa opisina, tiningnan ako head to foot.
Thus the full battle gear porma today. Naisip ko lang kase hindi naman ako kilala ng lahat ng tao na pumupunta sa opisina and as much as I would like to defy the superficiality of most people I can not do that overnight. So I am going to conform with the stereotypes of people.
I opted not to go into alternative lawyering and opted to go into the traditional one -where clients think that a lawyer is someone who constantly wears polo barong or a suit. Dapat may magarang sasakyan. May driver at may bodyguard.
Fine paninindigan ko to as to sa porma. The car, bodyguard and driver wag muna. Hindi sya sound financial decision for a new lawyer.
Pero kung papalalim ka talaga ng isip ang mapormang abogado needs to charge more para mamaintain ang lifestyle na ganyan.
Pero iba ang stereotype e. So for now I will build a reputation na matinong abogado ako so that a few years from now I can go back to wearing slippers, tattered jeans and ill fitting clothes at hindi na ako i-head to foot dahil alam na nila na magaling akong abogada regardless of the porma. :)
Nasanay kase ako sa pormang UP: tattered maong pants, tsinilas (Hindi Havianas or Ipanema ang pinaguusapan natin dito. Usapang Spartan ito.), t-shirt na maluwang and ligo is optional.
Naligo naman ako ng Sabado pero lumang pantalon ang suot ko may punit pa, nakatsinelas at ang T-shirt ko ay kumukupas na. Akala ata ng client ng Tatay ko tambay lang ako sa opisina, tiningnan ako head to foot.
Thus the full battle gear porma today. Naisip ko lang kase hindi naman ako kilala ng lahat ng tao na pumupunta sa opisina and as much as I would like to defy the superficiality of most people I can not do that overnight. So I am going to conform with the stereotypes of people.
I opted not to go into alternative lawyering and opted to go into the traditional one -where clients think that a lawyer is someone who constantly wears polo barong or a suit. Dapat may magarang sasakyan. May driver at may bodyguard.
Fine paninindigan ko to as to sa porma. The car, bodyguard and driver wag muna. Hindi sya sound financial decision for a new lawyer.
Pero kung papalalim ka talaga ng isip ang mapormang abogado needs to charge more para mamaintain ang lifestyle na ganyan.
Pero iba ang stereotype e. So for now I will build a reputation na matinong abogado ako so that a few years from now I can go back to wearing slippers, tattered jeans and ill fitting clothes at hindi na ako i-head to foot dahil alam na nila na magaling akong abogada regardless of the porma. :)
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