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Wednesday, October 29, 2008

Gum Suture Removal


Today is the second week of my dental implant surgery procedures. I have no choice but to be in New York City to see my dentist. The gums looks alright. No sign of infection. Since no anesthesia was injected, I felt the pinch and a strange feeling while the Dr. was trying to remove the suture in my gums, 2 in mandible, 1 in maxilla (awwwwwww, yes 3 location).....


Replacing a lost tooth is vital to maintain our overall health and function of the surrounding teeth. It helps avoid tooth migration and loss of structure. It is necessary to avoid loss of bone from the jaw in that area.

In 4 weeks time, they (doctors) will open my gum to check the status of the bonegraph and if alright, will screw in the post.

I hope everything will be alright.

Tomorrow, i am scheduled to see my Ortho Dr. Nettune, the man behind my straight, aligned perfect smiley teeth.... (expensive though)...

New York City today - wet, cold and messy...



Tuesday, October 28, 2008

October Snow


It's so nice to wake up in the morning with pouring snow on the ground. Watch the video here...
video

and my snow-covered car....

Wall Street Jumps

The market closes at 10.88% today, with the Dow Jones hit nearly 900 points. I've been keeping an eye to the stock market for a while and this is one of the best day of Wall Street for the last 2 weeks. European and Asian Market closes with a "green" color, which indicates a favorable effect to our portfolio. I wish, it will continue to soar at least 10% everyday for the next 2 weeks in order for us to recover some of our $$$...



Monday, October 27, 2008

Song's I love....

1. CHANGE OF HEART by Olivia Newton & Jim Brickman
2. AFTER ALL THESE YEARS by Journey, Arnel Pineda
3. NEVER ALONE by Jim Brickman & Hillary Scott (this is for you Manny & to my Mamay & Tatay)

4. FAITHFULLY by Journey, Steve Perry
5. THE GIFT by Jim Brickman &
6. LOVE of My LIFE ........ (ahhhhhhh)



bukas naman....

Dancing with the Stars


I am not sure if this is violative to blogspot rules, but I just wanna share this pic that I just received from the mail (email) tonight.

The Other Side of the Bar Exam...


stressful????????????????? NOPE!!! It was fun, with new friends around...

Saturday, October 25, 2008

Rocket Double


While having dinner with Natasha, she mentioned about her favorite burger house in New York - the Johny Rockets, an international restaurant chain that is known for its great tasting juicy hamburger, classic sandwiches, hand dipped shakes and malt.

On our way home, we stopped at Johny Rockets and tried this Rocket Double & Fries for Lunch.

Bugaboo Creek


A beefy junky - that is me, so here's what I had that night - - - Fireside Sirloin Skillet Tips . . . marinated sirloin steak tips, griddled together with caramelized onions and served over delicately sauteed mushrooms in a cast iron skillet with freshly made Charlie's Smashed Potatoes and fresh steamed vegetables.


Looking forward to Tom's next trip to Hartford, Connecticut.

Friday, October 24, 2008

Bugaboo Creek Continued


Natasha said she's on a strict diet, but to my surprise she was able to eat this all... Smoked Baby Back Ribs - a full slab of tender, meaty, slowly cooked ribs brushed with homemade, stick-to-your-ribs BBQ sauce. Served with country style baked beans and seasoned french fies.

Bugaboo Creek Continued


And for the main course, we ordered the following:

Tom this Portabella Bleu Cheese Fillet --- a juicy 7 oz Lodge center cut fillet, cut straight from the tenderloin and grilled medium rare, then topped with a flavorful portabella mushroom and and melted bleu cheese crumbles.

Bugaboo Creek continued....

Drinks? I suggest you try this Wild Maine Blueberry Mojito... Blackberry Monin, lemon-lime soda, Bacardi Rum and lime juice, mixed with wild maine blueberries and served over ice with fresh mind leaves and a wedge of lime.

Taste it!

I love Bugaboo Creek

I will never regret going back and dine-in at Bugaboo Creek in Connecticut. It's a 15 minute drive from Hartford. Let the pictures trigger your senses to this yummy and mouth-watering food that we ordered that night...

For the Appetizer......... a creamy mix of Parmesan, Monterey Jack and Cheddar cheeses blended with chopped spinach, topped with sour cream and served with crispy tri-color tortilla chips and a side of salsa.


Thursday, October 23, 2008

Wake Up America!!!


Eleven days to go and American's will finally cast their votes of who will be the next President of (they say) the world leader, United States of America ... err as some Youtubers calls it "United Islamic States of America" if Obama will win. This should not be a fight of black and white, of race, of culture and color. American's should make a WISE decision. I am more into the economic side as as the Walstreet goes down as high as 300points again yesterday, we're losing a huge amount of money out of our portfolio.

I was reading todays issue of The USA Today while having coffee with Tom at the nearby Dunkin Donuts and the ad paid for by Marry Taylor, Chairman/CEO of Titan International Inc. The one full page ad calling American's to wake up caught my attention, and thinking that this will not going to harm me if I share this ad to other people who frequent my site. (hope am not violating Adsense policy....lol)

A stunning opening question, "Do you like high gas price?" - - - Of course not! Who wants to pay gas as high as $3.99/gal in my area in Central Jersey?

Then the next question says "Do you like falling home prices?" - - - No, No, No, No! We have a townhouse and we have to sell it the price I want, and I hate to see the appraised value of our residential house falls down.

Then "Do you like the economy in the tank?" - - - - Absolutely Not! We're not rich, but the current market is eating our resources.

The point the advertiser wanted to convey to the public is that people blamed this all to President Bush saying, as the ad goes:

"Yes, you have heard all these problems and more blamed on President Bush. Well, he will be out of office in a few months, and you know, he couldn't have done it all alone. If American voters don't think and vote with a brain, we'll only see it get worse.

There are good Republicans and good Democrats, but the facts are that the Democrats in charge are real losers. Here's the facts: the Democrats are against drilling for oil, nuclear power, and you name it they don't want to upset the environmentalists. We elected these men and women, so if you want CHANGE, vote them OUT.

You see, Congress leaders are those with seniority. Representative Conyers, who is from Detroit, has been in Congress for 40 years. THINK: Democrats have run Detroit for more than 40 years. Get the point, folk! Do you like the shaft the politicians are giving you?

They spend millions of dollars to collect a $170,000 job. We should only pay them $100 per year - that's all they worth. Some points for all of you who worry about global warming and carbon emissions:

1.
The Earth is 4.5 billion years old, and has cooled so the crust of the Earth is between 15-25 miles thick. Our Earth is 8,000 miles in diameter. The earth gets its warmth from the Sun but is slowly cooling.

2, You are traveling at 1,000 miles per hour as the Earth spins on its axis, and 67,000 miles per hour around the Sun. The moon spins around the Earth and creates the tides. This, folks, is what makes our weather. Man really doesn't mean much to Mother Earth.

It is also believed that the earth rotates its North and South Poles every 500,000 years. But don't worry about that, you won't be around then. If you live 80 years, you're a .000000006 of a factor.

Whoever you vote for, they should support drilling for oil, gas, clean coal, nuclear everything, and Congress should pass laws exempting all regulations that would delay these programs.

Think of the one million jobs that would be created."

And on the right column of this one page ad, photo's of the following Congressmen we're presented, saying "These people have run the Congress for two years and they blew it."

1. Nancy Pelosi, Speaker of the House - Democrats
2. John Conyers Jr., Judiciary Chair - Democrats
3. John Dingell, Energy and Commerce Chair - Democrats
4. Barney Franks, Financial Services Chair - Democrats
5. Charles Rangel, Ways and Means Chair - Democrats
(poor Charles can't even pay his taxes--he didn't think he should pay--now he's in charge of policy)
6. Henry Waxman, Oversight and Gov't Reform Chair - Democrats
7. Harry Reid, Majority Senate Leader - Democrats
8. JOE BIDEN, Foreign Relations Chair - Democrats
9. Jeff Bingaman, Energy and Natural Resources Chair - Democrats
10. Chris Dodd, Banking, Housing and Urban Affairs Chair - Democrats
11. Patrick Leahy, Judiciary Chair - Democrats
12. Carl Levin, Armed Services Chair - Democrats

Then a photo inset of Barack Obama with a caption "If you believe this group is for CHANGE, you really should believe in the Tooth Fairy", and inset photo's of Obama's Advisors:

"1. Bob Rubin, Citigroup Board, Former US Treasury Secretary earning $100Million+++ salary from Citigroup 2. Franklin raines, Former CEO of Fannie Mae, earning $90Million as Chairman/CEO Freddie/Fannie 3. James A. Johnson, former CEO Fannie Mae, earning $50Million as President Freddie/Fannie 4. Chris Dodd, Banking, Housing, and Urban Affairs Chair, highest recipients from the Freddie/Fannie fallout 5. Barney Franks, Financial Services Chair, used donations from lobbyists to push banks to lend money to those who couldn't pay."

This one page full length paid ad sum up, to call American's why do we really need CHANGE in the Whitehouse.

Whoever you'll be voting for on November 4th, make sure that you exercise your civil right to vote is not just based on race, skin color, culture and the political hype and heat that is going on. I have high hopes and respect that politicians in this country is far far away better than the politicians in my home country (no comparison at all). American's and immigrants like me love America. I know, you will not hand over the America to wolf posing on a sheep coat.

Obama or MacCain, Biden or Sarah Palin - it's your choice!

Goodluck America.

Wednesday, October 22, 2008

Dinner @ Burtons Grill, Connecticut


This is our 2rd night here at Hartford Connecticut and we just had dinner at Burtons Grill. I was with Tom and Nastasha and we have no idea where we're going to dine-in tonight, however while walking on the upscale shopping place, we ask a local what place she could recommend us to eat. The local enthusiastically recommends Burtons Grill. "Oh, I love all the food they serve from Sea Food to pasta, meat and poultry!"

Trusting the locals recommendation, we find our way to Burtons... It is a contemporary american cuisine and ambiance is perfect for fine dining I ended up ordering Black Martini for cocktail and soft meaty salmon for the main course. Tom ordered Stuffed Flounder (stuffed with crab meat, shrimp & lobster meat) and Natasha ordered the house special sword fish.

Being with 2 white American working class, we talk about politics, economy and the company their working on right now. How much they are paying for taxes to continue supporting those who solely depends on government subsidy. Those who works as Security Guards, Toll Guards, and those lazy _ _ _ _ _ who does nothing but to sit on their table and browse the internet and yet has the balls to complaint (il put the details on a separate post).

Weather temperature here at Hartford continuously drop. My bad, I forget to bring extra winter (its not yet winter) coat and scarf.

Never leave Connecticut without spending a dinner at Burtons Grill...

TFC local TV Shows

Those who failed to watch your favorite soap and newscast abroad, just log on to my page, scroll down and you'll find the easy access to my favorite channel in youtube free of charge.

I used to have a TFC and then later on I switched to ABS-CBN for about a year, but because of those who are nice of sharing the shows online, I decided to have it cut. Now, I am updated to what's going on in my home country. Take Note: No Commercial break, and as long as my laptop is with me - am good.

However, when I was in the Philippines (for 3 months), I wasn't able to watch newscast. BUT, I find it pretty cool that despite of the nerve wracking stressful and sleepless nights of review for the (well yeah) bar exam .... we still have time to watch Lobo, My Girl and the latest - Iisa Pa Lamang. Well, we are supposed to watch the news. I remember buddies Liezel (she's a resident of Virginia back in Pinas to finish Occupational Therapy), Mira, Jihan, Ailane (co-barristers) and Ella the "kunsintidora" who usually knocks our door saying "O, My Girl Na!!!!"

Oh, I miss my newfound friend in EGI Towers. I'll see you guys, next year!

Come on and watch ABS CBN shows now... courtesy of Dave.

Tuesday, October 21, 2008

Cheese Cake Factory @ West Hartford, CT

As winter is just around the corner, its freezing out here at Hartford Connecticut. I spend the whole day at the Hotel Bar. It's wifi enabled, so I was able to watch Philippine TV shows through my site, while prepping my index notes in Pharmacology.

Around 4PM Tom called and informed me to get ready, as he will gonna bring me to a dinner with Cathy and Nastasia. Cathy is Tom's Executive Director. Cathy is based in Travelers head office at Hartford, CT so she's the one in-charge. We went to West Hartford.

West Hartford
is a town located in Hartford County, Connecticut, United States The town was incorporated in 1854. Prior to that date, the town was a parish of Hartford. West Hartford is accessible by major thoroughfares including Interstate 84 which passes through the mid-southern portion of town and US Route 44 which passes through the town from Hartford to Avon Mountain. The town has a vibrant downtown called West Hartford Center. This area is centered around Farmington Avenue and South/North Main Street. West Hartford Center has been the community's hub since the late 1600s.


The famous "The Cheese Factory" is nestled at the heart of this vibrant town. The place was gorgeous, decent and cozy. The people with me are business analyst by profession so I have no choice but to go with the flow of their conversation (I enjoyed it). I love their "Bikini Martini". It compliments my Tuna Albacore topped with wasabe. The soft meat of tuna galvanized with a taste of garlic and butter was excellent.

The dinner will not be complete if you will not end it up with a sweet mouth watering Dulce Lece Cheesecake. Oh, I love it melting in my mouth..... but, too much sugar is bad for the health!!!

It's worth the money.

Travel tip: Never leave Connecticut without visiting West Hartford. You'll love the place.

I have my camera with me, but I don't wanna look stupid with Tom's co-worker taking souvenir photos..... I will definitely go back there and capture the beauty of West Hartford!


(no time to review & edit so it is as it is...)

HartFord Connecticut

It was a long drive (3 hours) from our residence in Central Jersey to Hartford Connecticut. Tom has to attend a business meeting at Travelers head office, here at Hartford, CT. We left around 7PM, then had dinner at Bridgewater Diner, why BD? Well, I just missed their Stuffed Filet of Sole.... Tom initially planned to dine in at Charlie Browns, but my gums are still fresh from the dental implant surgery and the sutures are still there (ugh!) so I won't be able to enjoy a zesty steak....???

As I was saying, we dine in at Bridgewater Diner where he had flounder and mine was Stuffed Filet of Sole... (American serving is really huge, so its a waste of food and money talaga)...

After dinner we dropped at Staples coz I need index cards.... as I am planning to start writing notes in my Pharmacology class.... (well yeah, after law review for the bar, i have to go back reading medical books....)

We took I-287 South, passing the George Washington Bridge and the amazing beauty of New York City at night.... yeah, enhanced with the beautiful city lights. I fell asleep while Tom was driving. He woke me up to get a cup of coffee at Mc Donalds and then we took I-94 to Hartford. We checked-in at Crowne Plaza Hotel past midnight.

I chose Crowne Plaza Hotel because its a lot cheaper compared to Marriott, Hilton, and Goodwin (though it's company paid) and I want to try all the accommodation facilities in Hartford. The last time we were here, we stayed at Hilton. We've tried Marriott and Goodwin too - they are all excellent.

Hartford is the the capital city of Connecticut, where you will find historical landmarks of this state. for more info you can check this out http://www.hartford.gov/

Got to go and grab a cup of काफ़ी.I have no plans yet, either I'll go out and explore the city or just stay here at the hotel and start writing my नोट्स इन Pharmacology..... I love to go out, but its cold! Don't have my sneakers with me, what I have here is my Havaianas hi sleepers which I bought in the Philippines and a 3" boots..... So, I guess - - - - let's see....



Sunday, October 19, 2008

EGI Towers... behind the BAR 2008





The roomates, the intruder....

Pics were taken around 2AM....

EGI Towers... behind the BAR 2008


We shared 1 bathroom, 1 bedroom sometimes. We have our own table in the hallway of EGI. My study-buddy is Jihan. We order Pancit Guisado at 2AM.... sleepless nights. Worried, yet excited! But hey, look at their faces... would you believe it that they're really stress of the bar exam? I don't think so...

And the room I was sharing with Jessica and intruder Harriet...

Lazy Blogger

I do hate writing. Yeah, I do! But I have to keep my blog alive. I guess this is my 3rd blog in a row - all we're dead. I can't even remember the url and the password....

Anyway, this topic pop up to my mind while having a chat with Sheryl, a good friend of mine in Florida. It's a nose-bleed for us to write. So, I told her that I am used to writing the typical HR tenor memo "You are hereby directed to explain in writing within 24 hours upon receipt hereof. Failure to do so would mean a waiver of your right to be heard, the company then may proceed with the imposition of the necessary disciplinary action..." sort of things like that.

So, Sheryl is still online... with tons of messages that I have to reply. Then Liza called me up, discussing her paper in Microbiology...uh uh, she hates writing too!!! lol

Saturday, October 18, 2008

2008 PHILIPPINE BAR EXAM - LABOR LAW

LABOR LAW
(First Sunday)

I

a) Explain the automatic renewal clause of collective bargaining agreements. (3%)

b) Explain the extent of workers' right to participate in policy and decision-making process as provided under Article XIII, Section 3 of the Philippine Constitution. Does it include membership in the Board of Directors of a corporation. (3%)

II

a) What issues or disputes may be the subject of voluntary arbitration under the Labor Code? (4%)

b) Can a dispute falling within the exclusive jurisdiction of the Labor Arbiter be submitted to voluntary arbitration? Why or why not? (3%)

c) Can a dispute falling within the jurisdiction of a voluntary arbitrator be submitted to compulsory arbitration? Why or why not? (3%)

III

Savoy Department Store (SDS) adopted a policy of hiring salesladies on five-month cycles. At the end of a saleslady's five-month term, another person is hired as replacement. Salesladies attend to store customers, wear SDS uniforms, report at specified hours, and are subject to SDS workplace rules and regulations. Those who refuse the 5-month employment contract are not hired.

The day after the expiration of her 5-month engagement, Lina wore her SDS white and blue uniform and reported for work but was denied entry into the store premises. Agitated, she went on a hunger strike and stationed herself in front of one of the gates of SDS. Soon thereafter, other employees whose 5-month term had also elapsed, joined Lina's hunger strike.

a) Lina and 20 other salesladies filed a complaint for illegal dismissal, contending that they are SDS' regular employees as they performed activities usually necessary or desirable in the usual business or trade of SDS and thus, their constitutional right to security of tenure was violated when they were dismissed without valid, just or authorized cause. SDS, in defense, argued that Lina, et al. agreed - prior to engagement - to a fixed period of employment and thus waived their right to a full-term tenure. Decide the dispute. (4%)

b) The owner of the SDS considered the hunger strike staged by Lina, et al., an eyesore and disruptive of SDS' business. He wrote the Secretary of Labor a letter asking him to assume jurisdiction over the dispute and enjoin the hunger "strike". What answer will you give if you were the Secretary of Labor? (3%)

c) Assume that no fixed-term worker complained, yet in a routine inspection of a labor inspector of the Regional Office of the DOLE found the 5-month term policy of SDS violative of the Labor Code's security of tenure provisions and recommended to the Regional Director the issuance of a compliance order. The Regional Director adopted the recommendation and issued a compliance order. Is the compliance order valid? Explain your answer. (3%)


IV.

Super Comfort Hotel employed a regular pool of "extra waiters" who are called or asked to report for duty when the Hotel's volume of business is beyond the capacity of the regularly employed waiters to undertake. Pedro has been an "extra waiter" for more than 10 years. He is also called upon to work on weekends, on holidays and when there are big affairs at the hotel.

What is Pedros' status as an employee under the Labor Code? Why? Explain your answer fully. (6%)


V.

The Pizza Corporation (PizCorp) and Ready Supply Cooperative (RSC) entered into a "service agreement" wherein RSC, in consideration of service fees to be paid by PizCorp, will exclusively supply PizCorp with a group of RSC motorcyle-owning cooperative members who will henceforth perform PizCorp's pizza delivery service. RSC assumes --- under the agreement --- full obligation for the payment of the salaries and other statutory monetary benefits of its members deployed to PizCorp. The parties also stipulated that there shall be no employer-employee relationship between PizCorp and the RSC members. However, if PizCorp is materially prejudiced by any act of the delivery crew that violates PizCorp's directives and orders, PizCorp can directly impose disciplinary actions on, including the power to dismiss, the erring RSC member/s.

a) Is the contractual stipulation that there is no employer-employee relationship binding on labor officials? Why? Explain fully. (3%)

b) Based on the test/s for employer-employee relationship, determine the issue of who is the employer of the RSC members. (4%)

c) Assume that RSC has a paid-up capitalization of P1,000,000.00. Is RSC engaged in "labor only" contracting, permissible job contracting or simply, recruitment? (3%)


VI.


On the day that the union could validly declare a strike, the Secretary of Labor issued an order assuming jurisdiction over the dispute and enjoining the strike, or if one has commenced, ordering the striking workers to immediately return to work. The return-to-work order required the employees to return to work within twenty-four hours and was served at 8 a.m. of the day the strike was to start. The order at the same time directed the Company to accept all employees under the same terms and conditions of employment prior to the work stoppage. The Union members did not return to work on the day the Secretary's ssumption order was served, nor on the next day; instead, they held a continuing protest rally against the company's alleged unfair labor practices rally against the company's alleged unfair labor practices. Because of the accompanying picket, some of the employees who wanted to return to work failed to do so. On the 3rd day, the workers reported for work, claiming that they do so in compliance with the Secretary's return-to-work order that binds them as well as the Company. The Company, however, refused to admit them back since they have violated the Secretary's return-to-work order and are now considered to have lost their employment status.

The Union officers and members filed a complaint for illegal dismissal arguing that that there was no strike but a protest rally which is a valid exercise of the workers' constitutional right to peaceable assembly and freedom of expression. Hence, there was no basis for the termination of their employment.

You are the Labor Arbiter to whom the case was raffled. Decide, ruling on the following issues:

a) Was there a strike? (4%)

b) Were the employees simply exercising their constitutional right to petition for redress of their grievances? (3%)

c) What are the consequences, if any, of the acts of the employees? (3%)


VII.

Tito Pacencioso is an employee of a foundry shop in Malabon, Metro Manila. He is barely able to make ends meet with his salary of P4,000.00 a month. One day, he asked his employer to stop deducting from his salary his SSS monthly contribution, reasoning out that he is waiving his social security coverage.

If you were Tito's employer, would you grant his request? Why? (6%)


VIII.

Carol de la Cruz is the secretary of the proprietor of an auto dealership in Quezon City. She resides in Caloocan City. Her office hours start at 8:00 a.m. and end at 5:00 p.m. On July 30, 2008, at 7 a.m. while waiting for public transport at Rizal Avenue Extension as has been her routine, she was sideswiped by a speeding taxicab resulting in her death. The father of Carol filed a claim for employee's compensation with the Social Security System. Will the claim prosper? Why? (6%)


IX.

Assume that in Problem 5, Mario, an RSC member disgusted with the non-payment of his night shift differential and overtime pay, filed a complaint with the DOLE Regional Office against RSC and PizCorp. After inspection, it was found that indeed Mario was not getting his correct differential and overtime pay and that he was not declared an SSS member (so that no premiums for SSS membership were ever remitted). On this basis, the Regional Director issued a compliance order holding PizCorp and RSC solidarily liable for the payment of the correct differential and overtime pay and ordering PizCorp to report Mario for membership with SSS and remit the overdue SSS premiums.

Who has the obligation to report the RSC members for membership with the SSS, with the concommitant obligation to remit SSS premiums? Why? (6%)


X.

Pepe Santos was an international flight steward of FlySafe Airlines. Under FSA's Cabin Crew Administration Manual, Santos must maintain, given his height, a weight of 150 to 170 pounds.

After 5 years as a flight steward, Santos began struggling with his weight; he weighed 200 lbs. , 30 pounds over the prescribed maximum weight. The Airline gave him a one-year period to attain the prescribed weight, and enrolled him ins everal weight reduction programs. He consitently failed to meet his target. He was given a 6-month grace period, after which he still failed to meet the weight limit. FSC thus sent him a Notice of Administrative Charge for violation of company standards on weight requirements. He stated in his answer that, for medical reasons, he cannot have a rapid weight loss. A clarificatory hearing was held where Santos fully explained his predicament. The explanation did not satisfy FSA and so it decided to terminate Santos' service for violation of company standards.

Santos filed a complaint for illegal dismissal, arguing that the comapany's weight requirement policy is unreasonable and that his case is not a disciplinary but a medical issue (as one get older, the natural tendency is to grow heavier). FSA defended its policy as a valid exercise of management prerogative and from the point of view of passenger safety and extraordinary diligence required by law of common carriers; it also posited that Santos' failure to achieve his ideal weight constituted gross and habitual neglect of duty, as well as willful disobedience to lawful employer orders. The Labot Arbiter found the dismissal illegal for there was neither gross and habitual neglect of duty nor willful disobedience.

Is the Labor Arbiter correct? Why or why not? Explain fully. (6%)


XI.

Complainants had worked five (5) years as waitresses in a cocktail lounge owned by the respondent. They did not receive any salary directly from the respondent but shared in all service charges collected for food and drinks to the extend of 75%. With respondent's pripor permission, they could sit with and entertain guests inside the establishment and approrpiate for themselves the tips given by guests. After five (5) years, the complainants' individual shares in the collected service charges dipped to below minimum wage level asa consequence of the lounge's marked business decline. Thereupon, complainants asked respondent to increase their share in the collected service charges to 85%, or the minimum wage level, whichever is higher.

Respondent terminated the services of the complainants who countered by filing a consolidated complaint for unlawful dismissal, with prayer for 85% of the collected services or the minimum wage for the appropriate periods, whichever is higher. Decide. (6%)

......................

Hit the comment button and try answering the above bar questions...











Wednesday, October 15, 2008

Dental Implant Experience

I had my dental implant today. The CAT scan prompted the Doctors to have sinus lifted and bone graph. We left New Jersey as early as 6:30AM, had coffee at Quick Check then proceed to New York. My appointment was set at 8:45. I have to take 4 tablets 500mg if Amoxicillin and 1 tablet of Ibuprofen. We used my car. We passed thru the Holland Tunnel. It was huge, clean and long tunnel under Hudson River in New York. I can't even figure out how the tunnel was made without a drop of water leak. Amazing.

Anyway, judgment day has come. I have to submit myself to Dr. Herbert Mendelson and his staff for my dental implant. I need 3 implants, and that cost a couple of thousand of $$$.

I have to take 4 capsules of 500mg Amoxicillin and 1 capsule of Ibuorofen 1 hour before the surgery. Dr. Camazi informed me that we're about to start. And this is the most scary part... The injection. Aenesthesia time. A topical aenesthesia was applied to my gums and palate and then afterwards injected my upper gum, the right lower gum, and the left lower gum (3 molar so 3 implants)... Then injected on my palate... I hate it, but I've been through a laparoscopy before, so this is not the first time for me. As soon as I feel my gums are numb, Dr. Camazi told me that this will gonna be a 3-4 hour procedure...

I don't want to review in detail what had happened, but one thing I will never forget is when Dr. Mendelson asked a staff to hold my head and told me not to move my head as he HAMMER a screw or a bone or whatever it is on the upper portion of my tooth....

Children, you have to take care of your teeth to avoid this ordeal! I'm telling you, its more annoying than painful. Not only that, it is expensive! Just ask around how much it cost for braces and implant.

http://www.mendelsondentistry.com/staff.php

Tuesday, October 14, 2008

2008 PHILIPPINE BAR EXAM Q's

POLITICAL LAW


I.
a) The legal yardstick in determining whether usage has become customary international law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short. What does the maxim mean? (3%)

b) Under international law, differentiate "hard law" from "soft law". (3%)

II.
May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. (5%)

III.
The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%)

IV.
Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or acquire private property for the redevelopment of slum areas, as well as to lease or resell the property to private developers to carry out the redevelopment plan. Pursuant to the law, the NHA acquired all the properties within a targeted badly blighted area in San Nicolas, Manila, except a well-maintained drug and convenience store that poses no blight or health problem itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty company for redevelopment. Thus, the NHA initiated expropriation proceedings against the store owner who protested that his property could not be taken because it is not residential or slum housing. He also contended that his property is being condemned for a private purpose, not a public one, noting the NHA's sale of the entire area except his property to a private party. If you were the judge, how would you decide the case? (6%)

V.
Having received tips that the accused was selling narcotics, two police officers forced open the door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied two capsules on the night stand beside the bed. When asked, "Are these yours?", the accused seized the capsules and put them in his mouth. A struggle ensued, in the course of which the officers pounced on the accused but failed to extract the capsules. The officers handcuffed the accused, took him to a hospital where at their direction, a doctor forced an emetic solution through a tube into accused's stomach against his will. This process induced vomiting. In the vomited matter were found two capsules which proved to contain heroin. In the criminal case, the chief evidence against the accused was the two capsules.

a) As counsel for the accused, what constitutional rights will you invoke in his defense? (4%)

b) How should the court decide the case? (3%)

VI.
The Philippine National Police (PNP) issued a circular to all its members directed at the style and length of a male police officers' hair, sideburns and moustaches, as well as the size of their waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical reasons. Some police officers questioned the validity of the circular, claiming that it violated their right to liberty under the Constitution. Resolve the controversy. (6%)

VII.
JC, a major in the Armed Forces of the Philippines, is facing prosecution before the Regional Trial Court of Quezon City for the murder of his neighbor whom he suspected to have molested his (JC's) 15-year old daughter.

a) Is JC entitled to bail? Why or why not? (3%)

b) Assume that upon being arraigned, JC entered a plea of guilty and was allowed to present evidence to prove mitigating circumstances. JC then testified to the effect that he stabbed the deceased in self-defense because the latter was strangling him and that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered a decision acquitting JC. Would an appeal by the prosecution from the decision of acquittal violate JC's right against double jeopardy? Why or why not? (3%)

VIII.
ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by the Supreme Court for serious miconduct and inefficiency, and meted the penalty of suspension from office for 6 months. Subsequently, ST filed a petition for executive clemency with the Office of the President. The Executive Secretary, acting on the said petition issued a resolution granting ST executive clemency. Is the grant of executive clemency valid? Why or why not? (6%)

IX.
Abdul ran and won May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi. After being proclaimed Vice-Governor in 2004 elections, his opponent, Khalil, filed an election protest before the Commission on Elections. Ruling with finality on the protest, the COMELEC declared Khalil as duly elected Vice-Governor though the decision was promulgated only in 2007, when Abdul had wholly served 2004-2007 term and was in fact already on his 2007-2010 term as Vice-Governor.

a) Abdul now consults you if he can still run for Vice-Governor of Tawi-Tawi in the forthcoming May 2010 elections on the premise that he could not be considered as having served a Vice-Governor from 2004-2007 because he was not duly elected to the post, as he assumed office merely as a presumptive winner and that presumption was later overturned when the COMELEC decided with finality that he had lost in the May 2004 elections. What will be your advice? (3%)

b) Abdul also consults you whether his politcal party can validly nominate his wife as substitute candidate for Vice-Governor of Tawi-Tawi in May 2010 elections in case disqualifies him and denies due course to or cancels his certificate of candidacy in lieu of a false material representation therein. What will be your advice? (3%)

X.
The 1st Legislative District of South Cotabato is composed of General Santos and three municipalities including Polomolok. During the canvassing proceedings before the District Board of Canvassers in connection with the 2007 congressional elections, candidate MP objected the the certificate of canvass for Polomolok on the ground that it was obviously manufactured, submiting as evidence the affidavit of a mayoralty candidate of Polomolok. The certificate of canvass for General Santos was likewise objected to by MP on the basis of the confirmed report of the local NAMFREL that ten election returns from non-existent precincts were included in the certificate. MP moved that the certifcate of canvass for General Santos be corrected to exclude the results from the non-existent precincts. The District Board of Canvassers denied both objections and ruled to include the certificate of canvass. May MP appeal the rulings to the COMELEC? Explain. (6%)

XI.
On August 8, 2008, the Governor of Bohol died and Vice-Governor Cesar by operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang Panlalawigan was elevated to the position of Vice-Governor. By the elevation of Benito to the office of the Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created. How should the vacancy be filled? (3%)

XII.
The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer among three (3) employees of the city considered for the said position. Prior to said promotion, Amelia had been an Assistant City Treasurer for ten (10) years, that is, even before she married the City Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia? Why or why not? (6%)

XIII.
Congress enacted a law establishing the right to trial by jury of an accused charged with a felony or offense punishable by reclusion perpetua or life imprisonment. The law provides for the qualifications of prospective jury members, the guidelines to be observed by the judge and the lawyers in jury selection including the grounds for challenging the selection of jury members, and the methodology for jury deliberations. Is the law constitutional? Explain fully. (7%)

XIV.
In 1963, Congress passed a law creating a government-owned corporation named Manila War Memorial Commission (MWMC), with the primary function of overseeing the construction of a massive memorial in the heart of Manila to commemorate the victims of the 1945 Battle of Manila.

The MWMC charter provided an initial appropriation of P1,000,000, empowered the corporation to raise funds in its own name, and set aside a parcel of land in Malate for the memorial site. The charter set the corporate life of MWMC at 50 years with a proviso that Congress may not abolish MWMC until after the completion of the memorial.

Forty-five (45) years later, the memorial was only 1/3 complete, and the memorial site itself had long been overrun by squatters. Congress enacted a law abolishing the MWMC and requiring that the funds raised by it be remitted to the National Treasury. The MWMC challenged the validity of the law, arguing that under its charter its mandate is to complete the memorial no matter how long it takes. Decide with reasons. (6%)

XV.
The principal of Jaena High School, a public school, wrote a letter to the parents and guardians of all the school's pupils, informing them that the school was willing to provide religious instruction to its Catholic students during class hours, through a Catholic priest. However, students who wish to avail of such religious instruction needed to secure the consent of their parents and guardians in writing.

a) Does the offer violate the constitutional prohibition against the establishment of religion? (3%)

b) The parents of evangelical Christian students, upon learning of the offer, demanded that they too be entitled to have their children instructed in their own religious faith during class hours. The principal, a devout Catholic, rejected the request. As counsel for the parents of the evangelical student, how would you argue in support of their position? (3%)

XVI.
Nationwide protests have erupted over rising gas prices, including disruptive demonstrations in many universities throughout the country. The Metro Manila State University, a public university, adopted a university-wide circular prohibiting public mass demonstrations and rallies within the campus. Offended by the circular, militant students spread word that on the following Friday, all students were to wear black T-shirts as a symbol of their protest both against high gas prices and the university ban on demonstrations. The effort was only moderately successful, with around 30% of the students heeding the call. Nonetheless, university officials were outraged and compelled the student leaders to explain why they should not be expelled for violating the circular against demonstrations.

The student leaders approached you for legal advice. They contended that they should not be expelled since they did not violate the circular, their protest action being neither a demonstration nor a rally since all they did was wear black T-shirts. What would you advice the students? (6%)

XVII.
As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law requiring graduates of public science high schools henceforth to take up agriculture or mining engineering as their college course. Several students protested invoking their freedom to choose their profession. Is the law constitutional? (6%)




Dental Implant

We have to drive to New York early morning tomorrow. Why? Well, I am scheduled for surgery. Last week, I just had my CAT Scan (Maxilla and Mandible) done in NYU. I paid $570 for that scan, where if I had it done here in New Jersey (Associated Radiology), they are charging me minimum of $750.00

Today, I received the prescription medicine and picked it up at Wegmans Pharmacy. Have to take 4 capsule of each meds 1 hour before the surgery.

Well, dental implant they say is more annoying than painful.......... alright yeah, but that is not my concern. I know it will not going to hurt, but what bothers me is when they will going to inject aenesthesia on my pallate. Boy, I'm going to have 3 implants.

Don't ask me how much it will cost me for this dental implantation because my Mother (Mama Zenaida) in the Philippines said, my braces and my dental implants is already equivalent to her dream house there.

So, tomorrow.............. Wednesday, October 15!

Hoping that everything will be fine.

Tuesday, October 7, 2008

The Pleasure, Risk, and Pain of Loving...

In thinking of your past love, you may view it as a failure. But when u find a new one, you suddenly see this failure as a teacher. In the game of love, it doesn’t really matter who won or lost. What important is you know when to hold and when to let go….You know you really love someone when you want him or her to be happy, even if his happiness means not being part of it..

Everything happens for the best. If the person you love doesn’t love you back, don’t be afraid to love again, you’ll never know if it will be returned unless you give it a try. You never really loved unless you risk of it. Love strives and grows in hurting. If you don’t get hurt, you don’t learn how to love. Love doesn’t hurt all the time. The hurting is there to test you and help you grow .
Love is not destroyed by a single failure or won by a single caress.

It is a lifetime learning , discovering, and growing. Love’s greatest irony is letting go when you need to hold on and holding on when u need to let go. Loving people means giving them the freedom to choose whom and where they want to be, regardless whether those choices lead toward or away from you.

We lose someone we love only when we are destined to find someone else who can love us even more than we love ourselves. Don’t find love, let love find you. That’s why it is called falling in love…`

Monday, October 6, 2008

Stop Counting

October 6, 2008

I lost track counting the days I was in my homeland. Now, am home! I miss Jolibbee, Mings, Victoria Corazon and all the new friends I met during my 3 month stay in the Philippines.

Goodluck to all the barristers, see you next year for the oath taking.

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