Tijam, et al. vs. Sibonghanoy, et al.

Tijam, et al. vs. Sibonghanoy, et al.

   October 23, 2017       FJ

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SERAFIN TIJAM, et al. vs. MAGDALENO SIBONGHANOY, et al.

G.R. NO. L-21450 APRIL 15, 1968

131 PHIL REP 556

PLEASE NOTE THAT YOU ARE PRESUMED THAT YOU HAVE READ THE ORIGINAL TEXT OF THE CASE. THIS IS FOR THE PURPOSE OF REVIEW. *Read at your own risk* :)

(Criminal Procedure)

FACTS:

·         July 19, 1948 - The Sps. Tijam filed a complaint for collection of sum of money with writ of attachment against Sps. Sibonghanoy.

·         July 31 - Counter-bound filed by the defendants and Manila Surety and Fidelity Co. Inc. (Surety).

·         RTC – in favor of Tijam; issued the writ of execution (woe) against defendants however insufficient; further issued against the Surety.

·         Surety ---> written opposition; failure to prosecute and absence of demand upon surety for the payment.

·         Plaintiff ---> 2^nd motion to issue WOE.

·         Surety ---> MTQ the writ; without required summary hearing ---> RTC DENIED.

·         Surety ---> APPEAL to CA; although not one of the Assignment of Errors it is obvious raises the QUESTION OF LACK OF JURISDICTION.

·         January 10, 1963, Surety ---> MTD before RTC; Tijam’s action for recovery of P 1,908 should be filed before the inferior courts; according to SEC. 88 (RA 296 – Judiciaty Act of 1948) : “within the original exclusive jurisdiction of the inferior courts, all civil actions where the value of the subject matter or the amount of the demand does NOT exceed P 2,000” the law was effective on  JUNE 17, 1948.

THEREFORE, RTC has NO JURISDICTION OVER THE SUBJECT MATTER

HELD: in favor of the Sps. Tijam

·         The rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as a lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings.

·         HOWEVER, in the present case, SURETY IS NOW BARRED BY LACHES from invoking this plea at this late hour for the purport of annulling everything done

·         15 YEARS before the surety filed MTD on raising the question of lack of jurisdiction for the first time.

·         LACHES – is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier.

·         DOCTRINE OF LACHES / STALE DEMANDS – upon the grounds of public policy, which requires,  for the peace of the society  and discouragement of stale claims.

- it is NOT a mere question of time but principally a question of inequity or unfairness of permitting a right or claim to be enforced or asserted.

NOTES:

Remedial Law; Party guilty of laches may not invoke lack o jurisdiction on appeal as in instant case - 

It is undisputed fact that the action commenced by the appellees in the CFI of Cebu against the Sibonghanoy spouses was for the recovery of the sum of P 1,908.00 only - an amount within the original exclusive jurisdiction of inferior courts in accordance with the pro­visions of the Judiciary Act of 1948 which had taken effect about a month prior to the date when the action was commenced. True also is the rule that jurisdiction over the subject matter is conferred upon the courts exclusively by law, and as the lack of it affects the very authority of the court to take cognizance of the case, the objection may be raised at any stage of the proceedings. However, considering the facts and circumstances of the present case - which shall forth­with be set forth - We are of the opinion that the Surety is now barred by laches from invoking this plea at this late hour for the purpose of annuling everything done heretofore in the case with its active participation.

Remedial Law; Estoppel; Different ways a party may be barred from raising question - 

A party may be estopped or barred from raising a question in different ways and for different reason. Thus we speak of estoppel in pais, of estoppel by deed or by record, and of estoppel by laches.

Remedial Law; Laches; Definition

Laches, in a general sense, is failure or neglect, for an unreasonable and unexplained length of time, to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.

Remedial Law; Instances when party may be estopped from invoking question of jusridiction.

A party can not invoke the jurisdiction of a court to secure affirmative relief against his opponent and, after obtaining or failing to obtain such relief, repudiate or question that same jurisdiction. In the case just cited, by way of explaining the rule, it was further said that the question whether the court had jurisdiction either of the subject matter of the action or of the parties was not important in such cases because the party is barred from such conduct not because the judgment or order of the court is valid and conclusive as an adjudication, but for, the reason that such a practice can not be tolerated - obviously for reasons of public policy.

Remedial Law; Failure to raise question of Jurisdiction at an earlier stage bars party from questioning it later.

Where from the time the Surety became a quasi-party on July 31, 1948, it could have raised the question of the lack of jurisdiction of the Court of First Instance of Cebu to take cognizance of the present action by reason of the sum of money involved which, according to the law then in force, was within the original exclusive jurisdiction of inferior courts. It failed to do so. Instead, at several stages of the proceedings in the court a quo as well as in the Court of Appeals, it invoked the jurisdiction of said courts to obtain affirmative relief and submitted its case for a final adjudication on the merits. It was only after an adverse decision was rendered by the Court of Appeals that it finally woke up to raise the question of jurisdiction. Were We to sanction such conduct on its part, We would in effect be declaring as useless all the proceedings had in the present case since it was commenced on July 19, 1948 and compel the judgment creditors to go up their Calvary once more. The inequity and unfairness of this is not only patent but revolting.

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Rule 110 - Institution of Criminal Actions

Rule 110 - Institution of Criminal Actions

   October 23, 2017       FJ

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Section 1, Rule 110 -- INSTITUTION OF CRIMINAL ACTIONS

Criminal actions shall be instituted as follows:

a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise provided in special laws.

ANNOTATIONS:

►  PRESCRIPTIVE PERIOD – COMMENCEMENT

ART. 90 (RPC)
Crimes punishable by:	year/s
Death	20 YEARS
RP
RT
Afflictive penalties	15 YEARS
Correctional penalties       (Prision Correccional)	10 YEARS
Arresto Mayor	5 YEARS
When the penalty fixed by law is a compound one	The highest penalty shall be made a basis
Libel	1 YEAR
Oral defamation	6 MONTHS
Slander by deed
Grave slander
Simple slander	2 MONTHS
Light Offenses
Crimes punishable by FINES:
Afflictive	5 YEARS
Correctional	10 YEARS
Light	2 MONTHS

ACT 3326 (special law)
Offenses punished only by fine or imprisonment for not more than 1 month or both	1 YEAR
Imprisonment for more than 1 month, but less than 2 years	4 YEARS
Imprisonment for 2 years but less than 6 years	8 YEARS
Imprisonment for 6 years or more	12 YEARS
Offenses under Internal Revenue Law	5 YEARS
Violations of municipal ordinances	2 MONTHS
Violations of the regulations or conditions of certificate of convenience by the Public Service Commission	2 MONTHS

ART. 91 (RPC) Computation of Prescription of Offenses

1. Commences to run from the day on which the crime is discovered by the offended party, the authorities or their agents.

2. Interrupted by the filing of complaint or information.

3. It shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or unjustifiably stopped for any reason not imputable to the accused.

4. The term of prescription shall not run when the offender is absent from the Philippine archipelago. For continuing crimes, prescriptive period cannot begin to run because the crime does not end.

► EFFECT OF FILING A COMPLAINT / INFORMATION

GR:  Interrupt the period of prescription of the offense.

o   Filing before the proper court

o   Filing before the court even without jurisdiction

o   Filing before the Office of the Prosecution

o   Commencement of the prosecution of the accused before the Office of the Prosecution.

o   Filing a complaint for PI

o   Filing before the Office of the Ombudsman

ETR: otherwise provided by the special laws.

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Republic of the Philippines vs. Conjuanco

Republic of the Philippines vs. Conjuanco

   October 23, 2017       FJ

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REPUBLIC OF THE PHILIPPINES vs. EDUARDO COJUANGCO, et al.

G.R. NO. 139930 JUNE 26, 2012

674 SCRA 492

PLEASE NOTE THAT YOU ARE PRESUMED THAT YOU HAVE READ THE ORIGINAL TEXT OF THE CASE. THIS IS FOR THE PURPOSE OF REVIEW. *Read at your own risk* :)

(Criminal Procedure)

FACTS:

• April 25, 1977 – respondents incorporated the United Coconut Oil Mills, Inc. (UNICOM) with authorized capital stock of P100M divided into 1M shares with a pv of P100 per share. 
• September 1978 – UNICOM amended its capitalization 
•  August 1979 – BOD of UCPB approved a resolution authorizing UCPB, the CII Fund, to invest NOT more than P500M form the dunf in the equity of UNICOM for the benefit of the coconut farmers. 
• Sept 4 1979 – UNICOM increased its ACS to 10M shares w/o par value. 
•  Sept 18 – new set of UNICOM directors approved another amendment to UNICOM’s capitalization. 
• March 1, 1990 (10YRS) OSG --- complaint for violation of Sec 3(e) RA 3019 against UCPB BOD before the PCGG; UCPB’s investment in UNICOM was manifestly and grossly disadvantageous to the government since UNICOM had a capitalization of only P5M and it had no track record of operation.  
• PCGG --- referred to OMB 
• March 15, 1999 (9YRS) OSP issued MEMO stating although it found sufficient basis to indict respondents for violation for RA 3019, the ACTION HAS ALREADY PRESCRIBE

Period of prescription commenced = FEBRUARY 8, 1980 (UNICOM filed Certificate of Filinf of Amended Articles of Inc with SEC)

·         Complaint = MARCH 1, 1990

ISSUE: whether or not the respondents’ alleged violation of RA 3019 has already prescribed.

HELD:     affirmed the memorandum of the OMB

• OSG --- Sec 15, Art XI (1987 PH Consti) “the right of the State to recover properties unlawfully acquired by the public officials or employees in NOT BARRED BY PRESCRIPTION, LACHES, or ESTOPPEL” 
•  SC → in jurisprudence, it applies only to  wealth, NOT TO CRIMINAL cases such as the in the present case 
• BEFORE – it was only 10YRs 
• (AMENDED by BP 195 –March 16 1982) 
• SEC 11 RA 3019 – Offenses committed under that law PRESCRIBES IN 15 YRS. COMPLAINT was FILED BEFORE THE AMENDMENT.   
• NOW - RA 3019 as special law, 10YRS PRESCRIPTIVE computed in accordance with the SEC 2 of ACT 3326 

2 RULES in determining when the prescriptive period shall begin to run:

1.  From the day of the commission of the violation of the law, if known; and
2. From its discovery, if NOT then known, and the institution of judicial proceedings for its investigation and punishment

• OSG --- 2nd rule – after the 1986 EDSA Revo
• Then its late since 1996

OTHER NOTES:

Criminal Procedure; Prescription; Behest Loans; In the prosecution of cases of behest loans, the Court reckoned the prescriptive period from the discover of such loans. The reason for this is that the government, as aggrieved party, could not have known that those loans existed when they were made.

In the prosecution of cases of behest loans, the Court reckoned the prescriptive period from the discovery of such loans. The reason for this is that the government, as aggrieved party, could not have known that those loans existed when they were made. Both parties to such loans supposedly conspired to perpetrate fraud against the government. They could only have been discovered after the 1986 EDSA Revolution when the people ousted President Marcos from office. And, prior to that date, no person would have dared question the legality or propriety of the loans.

Criminal Procedure; Prescription; Prescription of actions is a valued rule in all civilized states from the beginning of organized society.

Prescription of actions is a valued rule in all civilized states from the beginning of organized society. It is a rule of fairness since, without it, the plaintiff can postpone the filing of his action to the point of depriving the defendant, through the passage of time, of access to defense witnesses who would have died or left to live elsewhere, or to documents that would have been discarded or could no longer be located. Moreover, the memories of witnesses are eroded by time. There is an absolute need in the interest of fairness to bar actions that have taken the plaintiffs too long to file in court.

Special Civil Actions; The remedy from an adverse resolution of the Office of the Ombudsman in a preliminary investigation is a special civil action of certiorari under Rule 65

Preliminarily, the Court notes that what Republic of the Philippines (petitioner) filed in this case is a petition for review on certiorari under Rule 45. But the remedy from an adverse resolution of the Office of the Ombudsman in a preliminary investigation is a special civil action of certiorari under Rule 65. Still, the Court will treat this petition as one filed under Rule 65 since a reading of its contents reveals that petitioner imputes grave abuse of discretion and reversible jurisdictional error to the Ombudsman for dismissing the complaint. The Court has previously treated differently labeled actions as special civil actions for certiorari under Rule 65 for acceptable reasons such as justice, equity, and fair play.

Criminal Law; Constitutional Law; Ill-Gotten Wealth; Prescription; Anti-Graft and Corrupt Practices Act; Section 15, Article XI of the 1987 Philippine Consitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees is not barred by prescription, laches, or estoppel

As to the main issue, petitioner maintains that, although the charge against respondents was for violation of the Anti-Graft and Corrupt Practices Act, its prosecution relates to its efforts to recover the ill-gotten wealth of former President Ferdinand Marcos and of his family and cronies. Section 15, Article XI of the 1987 Constitution provides that the right of the State to recover properties unlawfully acquired by public officials or employees is not barred by prescription, laches, or estoppel. But the Court has already settled in Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Desierto that Section 15, Article XI of the 1987 Constitution applies only to civil actions for recovery of ill-gotten wealth, not to criminal cases such as the complaint against respondents in OMB-0-90-2810. Thus, the prosecution of offenses arising from, relating or incident to, or involving ill-gotten wealth contemplated in Section 15, Article XI of the 1987 Constitution may be barred by prescription.

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I have no idea.

I have no idea.

   September 28, 2017       FJ

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I cannot find my way to get some peace, tonight, despite the tiring day I have accomplished. Work and school, these are the things give me reason to stay alive. I want to sleep... like forever, but unfortunately, currently, I am deprived of my peace, again.

"Am I okay?", asks myself. To be honest, I do not know, neither cannot find any clues if I am nor answer if I really am. As of now, I believe, I am not. For a while I bothered myself with thoughts. Well, nothing is new about that, but today, these are kind of unnecessary and unusual.

"Am I crazy?", a following question. I cried tonight without any reason. Not even about how I am dying to talk to my ex-boyfriend and still cannot but I miss him so badly. Neither my academics that I still cannot manage to balance, nor my work which is currently in a good status. So what is the answer to my question? maybe a maybe?

I am definitely and 101% tired but my brain does not want to agree, so here I am writing what the latter wants, even my head feels like it will break into half, tension to tension there are rusty screws trying to screw itself into my head. My physical system is yelling for peace but my mental system is trying to declare war.

As much as I want to share this to others but that will be absurd. They will hear me crying without definite reason. Telling me I am lack of something, like sleep, well, indeed I am but can you not understand, I cannot. Others will tell me to relax and stop thinking, seriously? stab me ten times, that will make me stop, or will tell me that "everything will be okay", then, just stop. Well, some will leave me up with some kind of religious ways to find of comfort, and yes, I find it very helpful, but telling me that in the middle of my breakdown won't help me for a while but thank you very much. I will just choose not to talk, instead.

If you have been in a Metro Rail Transit in the Philippines during rush hour, long span of train intervals, and everyone is impatient, angry and late for work, and when the train comes, open its door, there is a possibility that you will die in the middle of the crowd, in a snap. The train represents the brain and people as the thoughts, emotions, feels, words, regrets, and whatever things your mind are thinking. That is how messed up yours truly right now. However, I do not want to consider myself to be severely damaged but apparently, it seems it is and I just want my train to turn off the engine and shut down the whole system.


xxx

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Unanswered Thoughts

Unanswered Thoughts

   September 26, 2017       FJ

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I tried harder, I pushed myself, but I should’ve not.

I was assured that everything was fine, that he was fine, but none of it was.

I’ve held on to those promises and to those words he left, but none was in his memory.

I’ve been devoted to our future but he was still embracing his yesterday.

Am I that stupid? Or you were a fraud?

I know what you have been through but why I cannot consider.

With all the knowledge of the situation but continued to invest, I was in bad faith.

I rescinded but still my loss.

Why did I fight, if you cannot? Why did you try, if you were not sure?

Why did you say love me and be still the same?

Why am I waiting for something I was not assured?

I challenged all my words, my thoughts and my emotions.

What have I done to you?

Why do I feel the regret of my own rescission? Why should I?

Why did I become a prisoner of your promises? Why should I be?

Why did I love too much, which I should have not.

What have I done to you to make me feel this way?

Why am I still here?

Is it really worth the wait... or am I waiting for nothing?

If you were still embracing your past, so do I, you are my yesterday.

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One punch reality

One punch reality

   August 31, 2016       FJ

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Ore Monogatari (episode 22) - Yukikata-chan.

I sobbed after you said, you were smiling after you heard what I said.

"I'm glad.", I respond over the phone. 

"Very glad.", as my tears gushed on my cheeks.

You were right when you accused of me of feeling mad and disappointed.

However, I expressly pleaded not guilty. 

Without a doubt, I feel rejected and I do not like the feeling. Not at all.

I cannot point the blame to you because it was not your fault. 

It was no one's. It was the feels'.

Here, another reality punched straight to the chest.

Despite the negative expectations, there was a little light of hope that the feelings is reciprocal. 

That little thing hurts more. 

I've been too vulnerable and too expressive. 

Both directed me to fear which I should have followed.

"At least, you do not need to think of it every night", you comfort.

"You do not really understand", I thought.

I am broken but I am grateful. It hurts and I apologize.

I admit, I hate the way you made me feel but I love you for being you.

I am not bidding a farewell but I will leave the rest to you.


If the person you like does not dislike you, it does not mean he likes you, maybe he's just being kind.

I agree.

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Unsent feelings

Unsent feelings

   August 27, 2016       FJ

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He said, I should take risk.

I should express my feelings for someone before the time runs out and accept the consequences. 

If it is yay, then good and if it is nay, then move on. 

That is how easy he explained.

I told him, taking risk is a challenge. He agreed. 

"Don't let yourself suffer for a long time. Just tell them", he added.

He does not understand.

He does not know that every moment I spend with him is something I will always cherish. 

He does not know that the time we spend on talking every minute is something I will store. 

He does not know how happy I am listening to his stories.

He does not know I do not want this to end. 

And despite the negative consequences occur during the times I think of my feelings.
The answer is still... I do not want to take risk.

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Unsent honesty.

Unsent honesty.

   August 14, 2016       FJ

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He doesn't like taking photos neither doing some things that I like. However, if I insists and please, he still do it with a smile.

We agree on a lot of things except for the aforementioned. I like the way he talk, the way he describes things, and his curiosity, as well as his silence and his quirkiness. He's the ideal significant.

We have spent some time, thrice in approximate, it was short but for me, it was worth a memory. Today, this is a courage, after I publish this, none can unseen, people's curiosity will still be open, even if I delete this afterwards.

He may get upset or surprise if he saw this because he doesn't know, no one, except me. This little action of mine might conclude something I wouldn't want to happen. I don't know. But if it did, I'm still happy I spoil it.

If you're thinking if it means something, I hope. I don't have a lot of courage to tell him this but I became a fan of his being. However, there is always a limitation, it will not always get there. Believe me. I felt it.

Whatever happens, I'm happy I met him, get to know little things about him, and if I will be given a chance, I would like to know more, otherwise, it was a pleasure.

For a while, he became the Michael, if I am Lang. It was a dream.

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Cliche Pioneer

Cliche Pioneer

   August 14, 2016       FJ

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A hot coffee on your front, a frappe on mine, and it was because of your invitation.
We were seating opposed to each other in a table for two.
The ambiance was well blend with the smell of bitterness and sounds of calmness
We threw each other with questions, we both agreed on things, I never looked at my watch.
The clock says it was been an hour but I felt like it was only ten minutes.
After a while, I was surprised with myself when I sighed with relief.
I felt inspired after that day, and expected for another time with you.
And, we did.

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Quasi-crisis

Quasi-crisis

   July 12, 2016       FJ

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Breaking down in the middle of the night after drowning with my own deep thoughts is one of the hobbies I do almost everyday. It's terrible.

Sometimes, when the heaven answered free cut classes, I like the feeling of excitement to get home early, then, when I'm alone in the apartment, I loudly talk to the mirror. I tell stories of what were dumbest things I've done and share the worst things that some guys did to me. There are times that I cry alone, looking at myself, thinking if I really did a good decision, often I regret. Most of the time, I asked "Why is this happening to me?!" or "I don't like this anymore. I'm tired. Can I sleep without waking up?", thankfully, the latter question is still a question and unfortunately, I still ask myself with such.

However, despite these bad things, the opposite still exists. Do not worry because there are still things that maintain my happiness, and it will be... sleep, yes, especially when it feels like forever. It helps me forget the outside world for a while and I like being in the world of my dreams where anything is possible, like having strawberry ice cream date with my crush. It's fun.

Recently, I had a major break down, it was a mix of quarrels, academic failure and an add-on of work issues, a really rough week. We will never avoid these quarrels, especially with the closest pople in our lives, however, this one is different, those words that hit me so hard, words that described my whole being in a negative way. Those words were from one of the most important persons in my life, it was unexpected . Some may think it is shallow and unimportant but for me, it's not just an ordinary academic failure, but it was a thing that knocked down my head to overthinking and giving up, hence, I disappoint everyone.

That day, I was not in my lucid interval. Everything sank into me, all the emotional stress, the sadness, the anger, it all brought up to my head which rendered to physically hurt myself by punching my desk and hitting my head on the wall. It was ridiculous and stressful. I want to talk to someone, I want someone to listen, I want someone to understand but I changed my options because I thought that no one will listen, no one will care and no one will appreciate my sadness, and also, I do not want to bother you to carry my burden too. However, it did not stop me the next day to approached a friend, who answered her phone after the first ring, I thank her for patiently listening to me, I cried to her for hours, begging for a rest.

After this breakdown, I realized that I am a major disappointment to the people who believed in my skills and strength. I flunked one discipline and in my life, I almost throw my soul in hell. Nevertheless, I let myself drowned in the salty liquid gushing from my eyes, I really can't control my own but not until I forgot to breathe. After I cried a river, I lie down and close my eyes, too tired to talk but I spoke through my mind, I asked for the guidance from above.

Thereafter, I've had enough, I thought. So, I took a rest and smile again the next day. 

Breakdowns, exhaustion, deprivation of sleep, and weeping heart, despite these, I can still crack the joke of the year. 

Hence, if I send a joke, appreciate.

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Art of letting go

Art of letting go

   May 24, 2016       FJ

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Everything began all clear with no marks from the past, we started the story in a blank paper.

It started with the first word you wrote in the box. A greeting as a pioneer of our messy story.

Do you still remember how we created the giant pot of gold? I hope you are.

We started with black, plain and simple like how our friendship grows, it is well and normal. You did not mind what my life would be in five years and neither am I with what were your plans that day, because all we know is that we are plainly enjoying the conversation like everyone else.

Our friendship is growing so well, both of us are glad on creating good memories and laughing at each other's joke, it circulates very well like the red blood gushing through our veins, we know we are doing normal but not until the circulation continues to enter our hearts.

And the circulation continues, it flows from a simple joy to happiness. I can still remember your face, it was like a child who is excited for a glass of orange juice on a summertime under the sun. A burning desire for a glass of ice with fresh squeeze of enthusiasm. It was a non-stop chat even after the sun goes down. Your smile, your laugh, your stories, and the feeling of the synesthesia in every sweetest words you say, like how Mia was very happy seeing Mango's orange purr.

I became the happiest person in the world when I look up in the sky, my eyes were flashed by the yellow sun, it is all bright, like the splash of our plans in the future. The happiness is too overwhelming, we cannot hide our smiling faces when talking, the excitement to see each other, and the guilt that we are too far away from each other, as how we look at the sun that is too bright to see but too far to reach. However, I was still delightful to saw you looking on the bright side, and yes, you made me believed that we are maybe standing on a different ground but we are still looking at the same sun, and there is no impossibility for us to be together.

I never lose hope, looking at the sun made me feel more alive, it did made me strong day by day like how the sunlight making the plants look so green and strong. It is the photosynthesis helped me stand still to continuously fight, and that is likewise I noticed the same to you, without a doubt, you are really strong as a soldier.

Not until we faced huge wave of zombies, which ate all that green, strong and alive hearts of ours. It turned out surreal, it is all blue and unpredictable. I became exhausted but I tried to fight, I made myself believe that it was just a nightmare, that zombies were not real. I tried everything to survive, it is difficult because I want to return to the day when I saw your brightest smile. I want to wake up.

Then, the apocalypse came, the attacked was not just fantasy but it is a part of the reality. I saw your eyes changing into fading indigo. The sincerity was gone, the devotion to our future was not anymore in your heart, and everything started to feel dull. I didn't know what to do. I don't even know why that day happened. I do not even know why am I losing the paint of hope in my hand. I tried my best, I tried to give you a masterpiece, but you gave up and left without any clear away.

It was all clear and flowing, my heart went tired, my eyes went sweaty all day, and I tried to breathe without any air to inhale. I turned violet and expired. It was one of the hardest days of my life.

Afterwards, the colors were gone, they cannot be distinct from another, it was all mixed up and turned gray. The feelings were unknown, no happiness neither loneliness, it was neutral. I realized, you left me alone, You are gone. It's all done. 

But, it is not yet the end, I need a remedy to wrap up the art attack and I found the solution by fixing myself. Cleaning all the mess, the medium used, the feelings, the mind, the heart, get a new blank paper and start all over again.

Hence, acceptance and letting go. :)

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One pride away from clicking send.

One pride away from clicking send.

   February 09, 2016       FJ

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It's been a long time since the last time we talk,

we're both busy with our own lives but I still sneak a stalk.

Peaking on how was your life after your last update,

I am wondering right now if you're having a great time with a new date.

Now, as I am writing these pack of words, I feel like I'm gonna explode,

there is a puzzle in my mind that I need to figure the code.

It makes me confused, it makes me feel unknown,

I need to look for these answers but I cannot do it alone.

I always thought of creating a new connection, although we're acquaintance after all,

however, I have no idea how to start and I don't have the courage even a single mole.

I'm scared to get ignored or get rejected, but I am one pride away from sending this to you,

but before I let go of this pride, I have one question to ask..

Have you ever thought of me even once?

*sigh* At least I tried, I knew that I will never be a great poet just like you. Anyway, hello from the other side, how have you been? I saw your profile, and I see you're doing great. I hope after reading the question, your answer will be the same. I am sorry to captured your eyes from reading this, I just want to get your attention because sometimes  when I look at your profile, I can't find a way to know how was your life after the last time you told me your plans after high school.

I really don't know what is happening? why am I thinking this stuff? why am I doing this? and why am I some time think of what are you doing right now? It's been almost 3 years since the day you left and I believe it's been two years since the last time we talked about us.

Why did I mentioned us? the honest answer I can give is... I don't know.

Like what I mentioned, it's been three years and we've grown apart, you're there having a great time in your chosen path and here I am, chasing my dream, the same plans I told you before. You accepted a lot of change and planned your life so well, and I have indeed the same. (not really though)

I felt overjoyed when I clearly saw your happiness with someone else. Your smile in every photo you had with her, and I saw an image of a real couple, just like what you  want. I saw real happiness from your eyes and I honestly felt very happy for you. After all, I also feel sad when I read your struggles and loneliness, when you expressed how much you love this girl, how much she changed your life when you met her and how long the heartache stayed after she left. 

Why am I having this kind of struggle? 

I am still dreaming of you every night, I really don't know why you pop in there so often, that even dreammoods.com can't explain clearly why. Maybe because although it's been forever since the last time we talked, that two years that we had, you created a huge impact in my life. I've tried to create connection with new people, but I don't know why I never thought of anyone to replace you in your throne. I maybe tried dating some guys, pulled effort and carefully giving step by step, however, I am not satisfied if I knew they cannot do what you can. I'm sorry.

If you're thinking if I have moved on? YES, I got over you.

If you can still remember a long time ago, we're both young and infatuated & in love. I am satisfied with what we have even I know we lacked of one aspect in our relationship. That aspect that can be fulfilled soon, but you didn't bother to wait because you fall out of love. You told me you love me very much and we just need to figured out ourselves, alone. I did not accepted that reason and still..

After that day, we talked again, there is one thing you said that stroke me down... the feelings gone out of the blue. It made me feel so dumb and thinking that everything was a joke. After two years, in only one day, you woke up, told me that we need to break up and ta-dah!

That's what really hit me the most. You didn't let me decide, you didn't ask me if I can, it didn't turned out that it is "ours", you made me thought that, that two-year relationship is only yours, not ours. The decision was not unanimously, it was selfishly. You got devoted without thinking your teammate. that was sad.

Before, I thought we'll never fall apart because you are my one and you said I am yours, but I never thought it will end up opposite. I imagined us, being together physically, being together in one place, breathing the same air, and holding each other that no one can ever try to tear us apart. I never really thought of anyone to replace you in my heart but you... you had someone really changed your perspective. I am very happy for you, that you've already reached what you've always wanted. 

Further, I thought, at the end of the day, although it didn't go so well, our life continued but in different pathways. You had your new one and I had myself. Hence, we're both happy.

However, I have howevers. Despite the fact that I am happy with my life, I don't know why are you keep on bothering me along the way? why are you still here? why are you there in my fantasies? why am I sometimes getting crazy and want to say 'hi'? why am I feeling my ego is letting me go? Why do you visit my mind so often? Hence, Why am I thinking of you? Why am I missing you so bad?

I thought of a lot of answers, it is maybe because no one has ever gotten to your throne yet, or maybe because it is normal for someone who believed once in forever and got disappointed or maybe because I need a closure.. a closure that will answer all my questions, a closure that will give myself a courage to open the door for a new one, and a closure that will slap my face with the thought that we had a rock, paper & scissors game and to accept that in the game.. I lose...

I lose two years, seven months, and one hundred forty one days ago.

I'm sorry you have read all of these words, if you think this contain anger, sadness & heartbreak. You're wrong. This is just pure words with a hanging pride.

Those words I mentioned above are true, I really don't know why I did this, and  I cannot figure what does this feels means every time I visit the past, my fantasies. Maybe I wrote this because this is how I feel (the honesty that will lead me nowhere) you know me for being expressive and sorry for being explicit. This is maybe confusing but if  you read this, it is a huge help. (because that's all I ever want you to do) you can just ignore this afterwards. There you go.


There... I've said it. Almost everything.
There...  you can now think of whatever you want to think or hate or disgust or pity. whatever
There... I let go of my pride..


Thank you for reading. Have a great life ahead.

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So this what a young adult in her 20s feels like.

So this what a young adult in her 20s feels like.

   January 06, 2016       FJ

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Before we stepped out of the university, we always thought of what will happen or what are we going to do with our lives, which is most likely unpredictable.

Before I end my life in college, I tried to figure what will happen to me after a year and created goals for the next five years. Since I decided to enter law school, which was my goal ever since I dreamed of being one of the warriors of Lady Justice.

Now, my life is in the middle of completing my goals and it is hanging at the corner, waiting for the next decision, whether if am I going to continue this path or change the direction. This is usual and unusual for such in general, however, this is unusual to me, and I am now confused on what and why am I thinking this way.

I've been in my work for eight months and in Jurassic Park for 6 months. After one semester, I still feel guilty of not giving my best, and not trying to avoid whatever may caused my distraction. On the other hand, I do not feel any good in the environment and I feel like I really need a new one to escape from that thoughts I encountered from the office. Nevertheless, it contradicts with the thought of needing to stay because that is for the best or else everything will be a mess.

In the midst of this anxiety and confusion, I want to wake up and escape from these thoughts. I want to ask for a dream catcher or even a time machine to go back to my life before I've decided for this path, or maybe let go of every single thing, take some rest and go back when I am ready although for sure, I'm gonna waste some time just to run away from these confusing perspectives.

Now, while I am trying to explain my anxieties, I just realized.

Is it what I encountered on my chosen path that confused me or is it only me that confused me?

I feel like it is not what I encountered, it is what I chose on my way, it is my decisions that confused me. It is me. I confused myself with the decisions that I cannot make myself.

Adulthood is not really all about having the capacity to act that was not yet an obligation or that was prohibited when I was still a kid or a teen. It is all about being independent and making my own decisions without confusions or knowing the consequences and learning to accept them even if they're negative. The patience of waiting for success to enter and the determination to reach the goals are also part of being an adult, especially in the beginning of your 20s, like me.

These words made me more realize that everything will not always be in favor of your wants. Life will always be unfair to everyone, but the disagreement of your wants and the fate are healthy. Why? Because that will make your life more reasonable, sensible and the will have the best results.

Still hoping to bring out these words in reality. When life gives you lemon, make lemonade!

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Almost there.

Almost there.

   December 14, 2015       FJ

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One week left. I can’t wait to wake up and sleep without thinking the academe. I can’t wait to get out of the office earlier and spending the whole night, without worrying and thinking how to study the next day. I can’t wait to bring back the lazy me, the one who excessively stays in bed and watch anime until the next day.

It feels like it was just yesterday, the day that I can’t wait to enter the Jurrasic Park, the day I can’t wait to meet new people, the day I can’t wait to read the provisions, the crave of reading mountain of annotations and jurisprudence, and the day I felt the nervousness and the fear of feeling the hell upon my feet. And now, here I am, hoping to leave soon, not that I want to quit but to take some recess, or to finish everything and forever get trapped to the field.

After all the almost five months of my first year tour in the park, I feel like giving up, but whatever the reason I can think of, I know that it is not enough as an exchange to the big dream I’ve always wanted to be. Leaving my comfort zone, is one of the best decisions I’ve ever made and feeling the struggle every single day making it more the best-est, making my journey more adventurous. challenging, exciting and the happiest.

Despite of the bad to worse things I have encountered, nothing beats the memories it produced. Something to keep, something to cherish and something to be more thankful for. I feel blessed more than ever and it will never be possible without the One who gives me strength, to the new people I met during the journey and added good memories to my life (cheers for more) and to those who stayed from the first day and staying to complete the story line.




Hence, Thank you. :)

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Saved and recap

Saved and recap

   December 05, 2015       FJ

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I hate it when I found myself reading our conversation and wondering, “WHY THE HECK?!” It still hurts that after all what I’ve done & what you’ve said, we still end up nothing and you leave without an apology.

I am not demanding for an apology but all I want is a peace ending. I have a lot of questions to ask, a lot of arguments to contest & I have a bucket of hatred to make you feel more guilty. Aside from these, I only want to ask you one simple question, “but, why?”

Anyway, this is just a brief of the drama I felt after reading our old & sweet conversation. At the end of the day, I know you will not give a single f*ck.

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Hoping that this will be the last.

Hoping that this will be the last.

   November 27, 2015       FJ

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Recently, a friend of mine, told her story regarding a guy who she had mutual understanding with and she shared how she became happier after posting her last thoughts about the same and that made her satisfied as an addition to the “acceptance” stage and told me that she moved on with a smile.

“Masaya akong nagsimulang mag post tungkol sa kanya at masaya din ako hanggang sa huling post ko tungkol sa kanya” said-ish by my friend.

That came into my thoughts that, I also started sharing stuff about this “guy” however, it never came to the point of sharing my last thoughts. It concludes that maybe, just maybe, I am not yet over him or maybe I am, but I am not happy about it.

Being true to myself, I am still mad and guilty to what happened between me and this “guy”. I loved him for who he was, waited for him for months, and assumed a place in his heart. I can still feel the hatred gushing in my veins every time I see him happy with someone new, who I once wished that, that should be me. I am not going to be biased with myself but I know and I admit, I have my own mistakes and guilt towards to what I have done to made him walked out of my life.

Thankfully that hatred never pursue in accordance with my belief that be nicer to everyone and let the karma do the bitch actions. I know that this is bad to think but I still wish karma is still around with him and waiting for the right timing to attack the best bitch shot it can ever made. Hence, I apologize but I am still a human and think & do bitchy stuff.

For sure, he is happier that I am not anymore around him and satisfied to what he has right now, as well as to my own life although I will not deny the fact that sometimes, I still think of him and hoping those days will comeback although I doubt. Nevertheless, I am ready to express my formal farewell to him but I think today is not yet the right time.

All in all, I thank this “guy” for the past although you act 80% douche after the last call that we had, I apologize for everything, and hope to see you around. *smiles*

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Warrior of Lady Justice

Warrior of Lady Justice

   July 08, 2015       FJ

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Day 8: How do you envision your life being in 5 years?

After the fifth year from now, I AM A LAWYER.
It's always been my dream to be a bad ass warrior of Lady Justice. 

YES, I can envision my life in five years with changed personality & lifestyle because of the culture and environment adaptation and being the bad ass lawyer.

In my first year, I can clearly see my life drowning in the bucket of caffeine & anxiety.

In my second year, I can still imagine my life drowning in the bucket of caffeine & anxiety and the change is starting to occur. No more culture shocks and adaptation is in the process.

In my third year, Still drowned but a little immune. Maybe, in VERY SERIOUS MODE. #ReadingsBeforeFeelings

In my fourth year, Not giving a single fuck but I'm still nice. Having the best time of my life, "PARTY HARD, STUDY HARDER" habit. nah jk. I'll survive. nearly in the end.

And lastly, my fifth year, ALMOST there! months of reminiscing moment & reviews and ONE MONTH OF FACING THE BOSS. Yes, Bar Exam. and BOOM, I AM A BAD ASS LAWYER. lol

But so you know, It's not all about envision, dream & imagination. It's all about preparation, presence of mind, persistence & a dream from the heart.

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Smile cuz YOLO

Smile cuz YOLO

   July 02, 2015       FJ

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Day 2: If you could offer a new born child only one piece of advice, what would it be?

Smile, the worst is yet to come. We'll be lucky if we ever see the sun.

Smiling is one of the best way to maintain the positive aura. In contrast, it is also the best mask to hide your deep emotions to maintain the positivity in the circle. Nevertheless, this facial expression is powerful that we can actually control other people's emotion by just stretching our lips with the bursting joy from our eyes.

Based from the mentioned statement from a song SMILE by MIKKY EKKO, smile the worst is yet to come - the time is too short not to release this simplest yet powerful emotion we have. You can make other's day by just giving them the look of joy & happiness. We'll be lucky if we ever see the sun - no one knows when will death arrive, no one can exactly predict that we will never wake up the next morning or no one can ever say, when will be our last 24 hours.

Be thankful & blessed that you can still smile & have the reason to do so. Releasing happy hormones & sharing positive vibes to everyone is optional but it can make a huge change to every single person you meet everyday, whether they're your acquaintance or a stranger or your friends or your family or even your special someone. Life is too short to sit in the corner & kill the positive soul. Twenty four hours is enough to make the world a happy place, one more time. 

SMILE because YOU ONLY LIVE ONCE

The aforementioned statement maybe TOO mainstream & definitely not a really good one but its revelation is more than just the maintream. WE ONLY HAVE ONE LIFE EACH, though maybe there are some will say a contrary statement to the mere fact that we all have second chance but just like what I mentioned, NO ONE CAN PREDICT nor SAY IF WE WILL WAKE UP THE NEXT DAY. It is better to assure yourself & live your life to the fullest every single day rather than making yourself believe that you actually have another chance but you aren't sure of it.

Therefore, enjoying every single minute in this world is necessary. Stay positive, laugh, release that humor & create good things like there is no tomorrow and...

smile because you can change the world. :)

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