I was watching Donald Trump's interview over Larry King Live last night as he talked about what it takes to be successful not just in business but in all aspects of life including marriage. All in all he says if you wanna be rich and successful, you gotta kick ass. You cannot afford to be nice because there are just too many out there in the world who will take advantage of your goodness and kindness. You wanna stay rich, get a pre-nup before getting married. Look what happened to Paul McCartney, he said. He's now poorer than a rat and his ex- even wants more. Not contented, she even wants to acquire the rights to their life story. Trump on the other hand, the true businessman that he is, says he told his wife he loves her very much but please sign the pre-nup.
This episode got me thinking about what my son Matt told me one night as we were travelling on our way home from the province. Here's how it went:
Jan 29, 2007, Manila - - My travels with my son Matt are always an enjoyable experience. It is a journey through life. As in all our trips, his most interesting insights come out while we’re in the car. In our most recent trip from campaigning in La Union, he managed to surprise me again while we journeyed for home.
Mom, he says, when I grow up and have my own kids I’m gonna teach them how to be tough. Really, I said. And how are you gonna do that, I asked. Well, they have to follow these rules.
Rule No.1. No sharing. If someone tells you to share, punch them in the face.
Wow, that’s being a bully,I told myself. He was unmindful of me and went on reciting rule no.2.
Rule No.2. If someone punches you in the face, kick them in the balls. Boy, this is one toughie if I ever saw one and wondered where he learned all these as he moved to rule no.3.
Rule No.3 If someone kicks you in the butt, give them a body slam.
By this time, I was dying of laughter unable to believe what I was hearing. I could not believe how he was able to come up with these rules. I mean, could it come from experience? But he is only five years old. Has he been having it tough in school with the other kids his age so that he had to think of ways to cope and defend himself?
And we thought they didn’t have any problems?
— end—
I can understand where Trump is coming from when he tells me that to succeed in life, you gotta kick ass. He's been kicked ass before. But as far as my son Matt is concerned, I truly wonder up to now where he got his ideas. But one thing for sure, I know that when my son grows up to be an adult, he will have what it takes to succeed.
[SteveRaiman- Heaven ](Steve Raiman)
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Last October 20 was my birthday. I was not in the mood to celebrate as I didn't find any reason to although in hindsight, the fact of still being alive is a cause for celebration. My brother Sonny however wouldn't hear the end of it and so I ended up preparing for a small gathering that somehow proved cathartic. Our weekly family dinners stopped abruptly and there has been no chance to bond so my birthday somehow gave us an excuse to get together again after many months. Nevertheless, I was trying to find some way to make my birthday memorable when i came across this article on "inner dance" as i was surfing the net. Intrigued by it, I decided to research more about it and ended up in Pi villaraza's blogsite Inner Dance. There wasn't much i could find on what it is all about other than a recount of the experiences of Pi that led him to do the inner dance. Coincidentally, a schedule for inner dance newbies happened to fall on my birthday and I wondered could there be some meaning into this. While the temptation was strong, I could not muster enough courage to join as I was unsure what can happen after it. The fear i think is less on ignorance of what it really is all about but more on my preparedness for the transformation that may happen after it. Again, by coincidence, Ms.Gilda Cordero-Fernando comes up with an article on inner warriors as if written solely for my understanding of what inner dancing is all about.
Here I reprint her article:
MANILA, Philippines – In my senior years I truly enjoy the company of young people. They are smarter, bigger, handsomer specimens than ever before and less fearful of breaking boundaries set by past generations. Would there be those among them who could slay the dragons that besiege us within and without? The shadow self, the feared, unclaimed self, is our dragon within and that of other people. Since June of 2007, spiritual warriors, age 22 to 40, have been manifesting one by one in my life. Surely they are descended from the native babaylan of pre-colonial Philippines who were suppressed by the Spanish friars and driven underground. There are notable similarities and differences between the old and new babaylan. Both are healers gifted with clairvoyance. They have an attachment to the motherland and nature, and use herbs to heal. They are of great service to the community. Like the Mother God they believe in, the new warriors have spacious hearts and a great capacity to empathize with the pain of others. Possessed by a spirit, the olden day babaylan went into a trance (tumitirik ang mata) while dancing. Today’s spiritual warrior can be both in trance and aware of what’s going on in the physical world. There was a tradition among the Bisayans of old, of separating (“binokot”) a chosen child from its parents for special training to become a babaylan. The elders do the choosing way before the child’s consciousness has fully developed. Babaylan batch 2007 are fully grown up before deciding, on their own, to accept the calling or not. A common experience of all mystics is that they undergo some kind of initiation—a serious illness, an abandonment, abuse of some kind, deep depression or grappling with doubt (as in the case of Mother Teresa). As the Buddhists would say, “Despair clears the way.” John of the Cross has called it “the dark night of the soul,” which is letting go of attachments—such as the 40 days and nights in desert, mountain or deserted beach. Young and focused The young warriors are very focused (almost messianic) about their calling and can work tirelessly and endlessly at healing. Where did people so young derive such focus? Some claim they are the so-called “indigo children,” born in 1992 or within the last third of the century. They are the promised reincarnation of the old avatars, enlightened souls sent down to help our suffering planet. Some of them are, in varying degrees, dyslexic or attention deficit but richly endowed in other ways. Indigo children are born to parents who can’t cope with them because they have miserable lives. In an earlier generation, commented Bong de la Torre, individuals who could not articulate what they wanted were considered crazy. “Yon ang kinakadena, binabasbasan ng pare, nilalagay sa basement ng Makati Med.” Some examples encountered: a woman who does the rain dance; a schoolteacher who talks to the souls of aborted children who ask to be given a Christian name so that they can move on; a PR practitioner who communes with the souls of Katipuneros like Hermano Pule who want their ideas conveyed to the younger generation; a dancer who believes we have invisible wings on our back which open up when we dance. The wings are fragile and can break and we have to learn how to put them back on again. Sacred places For such souls Inner Dance is locating “sacred places,” to which they can retreat—tree houses, beaches, hot springs, mountain retreats, spaces with waterfalls—safe places where they can be natural without being “normal.” Joseph Campbell writes that we are creating new myths and new legends. It is time to recognize the new heroes and villains. Paraphrasing Best Actor Epi Quizon, who is a “party animal,” today’s heroes can no longer have the trappings of old which would simply bore young people to death. Today’s heroes can no longer be caparisoned in outmoded trappings to which young people cannot relate. DJs are the new drumbeaters, in much the same way that the drummers of old attracted a crowd around the fire. And the master of ceremonies is the new shaman. (Tim Yap??) How to create “new ceremonials” with real meaning. Since dancing and healing can give one a “high,” says Pi Villaraza, who introduced the Inner Dance movement, “Wouldn’t it be a great way to rehabilitate so many young people dependent on chemical energy? Enlightenment would be such a fun experience.” Representative The young healers I met are limited to Inner Dance organized in April of 2007. They are a representative slice of so many young people with babaylanic traits who want to “heal themselves, heal their neighbor, heal the community, the nation and the planet.” I met Bong de la Torre in Greens, the vegetarian restaurant near Max Q.C. where convergences keep happening. He has a good inkling of how the spiritual universe works. He is a connector and most of us got linked thru Bong. Psychic to the max, Bong, a theater person, hears messages whispered into his ears by spirits of different realms. This makes him talk furiously and endlessly. But asked a question by a true seeker, valuable answers will easily flow through him. I met Pi (Pai) Villaraza in an Inner Dance healing session in Bong’s apartment. Surprisingly, there were more males present than females. Pi was obviously a leader. Everyone was dancing and healing one another by putting their thumb on the crown of another’s head with the rest of the fingers spread upward. The energy this emitted quieted the mind. The receiver became one with the body and that was how the healing began. While still sitting, people began to dance with their hands, then eventually, on their feet with their whole body. Some went into catharsis or wild dancing. Others just quietly moved together. Everyone felt peaceful and happy, healed in their souls and the luckier ones in their bodies as well. Thirty one-year-old Pi is a gifted medical intuitive and the turning point in his life was when he lived for months in a deserted beach, surviving on coconuts and bananas he gathered himself. Based in Mindanao, he was a transient in Manila. Pi never wanted “disciples” nor a closed circuit group. He encouraged everyone to join and so each session is unique. The group energy is so powerful it moved someone to comment, “ET sila, di ba?” (Definitely!) Another time I met up with John Pinlac, 22, a UP student who’d rather be called Ishilta. A scholarly fellow, he prefers spiritual lectures and gatherings to gigs and gimmicks. He belongs to the Philippine Wiccan Society, to Peacemakers, and of course, Inner Dance. “In any esoteric practice,” Ishilta observes, “you need to move your body somehow after meditation. Inner Dance is all-in-one. You meditate while you’re moving. “Inner Dance is about being your authentic self. You move free form—no one dictates what you should do—you can cry, you can laugh, you can shout. Exercise is on the physical level. Inner Dance is on all levels.” Music room The music room in Troy Bernardo’s house is Inner Dance’s favorite gathering place. Troy is a handsome, lanky Spanish mestizo with a peaceful demeanor, the only one, according to Bong, who has completed the deadly 365 days of esoteric Christian meditation based on the book “A Course in Miracles.” Troy was initially attracted to the meditation path to remedy a skin condition. He was a habitué of dark places like cocktail lounges and discos. When Troy realized that to heal was his real calling he went on a rampage of healing—his family, his relatives, even his dog. Since it is a cleansing ritual, some strange (and also beautiful) things happen during Inner Dance. In one of them (ex-Manila), a lawyer, stressed all the time, with aches all over his body, felt a surge of energy envelop him. It filled the man with forgiveness which is a different kind of divine love, feminine and, like a mother’s love, unconditional. He felt like he was being cradled and rocked. The body of another pained male was unexplainably tossed all around the floor. Before Christmas, though, he went on a 36-day meditation and emerged healed of a recurring illness. Thereafter, he moved to a fishing village and began his own NGO healing ministry. Matching energies Each person in Inner Dance has his own particular way of healing and one always gravitates to the person whose energy best matches one’s own. I am invariably attracted to the strongest energy in the group. I therefore found myself paired with Joe Mar Obejas who has this big round head and close-cropped hair. Joe Mar and I easily partnered. An arnis teacher, he had a strong flowing energy and his give-and-take of it was flawless. I could feel the bulging knotted muscles of his arms and calves. His palms and soles were as tough as leather. He said he worked in a computer company but only as a messenger. They say he is also a good masseur. Joe Mar could see spirits but was afraid of ghosts. Sometimes he would be talking to one for a long time before realizing it was a ghost and would get really frightened. Joe Mar seemed well on the way to mastership and when I expressed such, Pi agreed. It was becoming very clear that shamanship had no distinctions of social class, educational attainment, looks, gender or seniority. Everyone learns from everybody. I could see, too, the markings of the true babaylan. The best ones have little or no ego and are terribly psychic. I discovered that the males connected to their warrior selves. Most of them took up martial arts, especially arnis, in order to explore its connection to Filipino spirituality. The composition of Inner Dance is mostly creative people—painters, singers, filmmakers, actors, dancers. They have no fear of their bodies and will readily dance—“the spirit loves a performance.” Seated on Troy’s sofa were two Phil-Americans who connected to Susan Quimpo’s New York group who were on an exposure trip in the Philippines. One was Justin Hakuta, a gentle American-Filipino-Japanese who does beautiful healing. A Fullbright-Hayes scholar, Justin is a composer and a rapper. The other had magnificent tattoos from forearms to wrists, and his name was Nathaniel. He somehow learned how to dance like an Ifugao. Hubert Posadas writes story lines for comics, gives workshops and does work with “security forces.” He frightens most of the group because of the guttural animal sounds he utters during the sessions. “He eats demons,” says Bong de la Torre. Opens his mouth, spews them out and then catches and chews them. It’s savage, but Hubert is very lucid and knows what he’s doing. His is a Lemurian consciousness that can enter the animal self. Hubert likes to connect to his lower chakras which he is currently in the process of cleansing. “Actually,” continues Bong, “it takes great courage to know your shadow self and to be able to say, like Hubert, I’ll even embrace Satan to see what I can learn from him! After all, I am an autonomous being and make my own decisions.” I met Orlan de Guzman when he was still the office manager of Chacra (Center for Health and Creative Arts), a trailblazing spiritual health initiative in the ’90s. Hardworking and angelic, he was in everything that Chacra was into and more. Orlan has probably the vastest experience among the members of Inner Dance, and as such is able to compare the different styles of accessing the spirit. Magic mommy What about the girls? Lisette G. Salazar took to Inner Dance like a duck to water. She had her epiphany in Mt. Apo. Lisette, 28, is in a down-to-earth garments business and owns a restaurant, both of which she found easier to manage after Inner Dance. She has seriously incorporated dance in playing with and healing her two kids who call her “Magic Mommy.” Chato Dominese is Inner Dance’s valued manager. A lay member of Pamayanan of the Good Shepherd Convent, she loves NGO work. Chato first experienced the energy of Inner Dance when she introduced it to the nuns in Tagaytay. Chato has taken on the serious responsibility and the vision for spreading the word. Becky Misa, former singer of The Ambivalent Crowd and occasional actress, is also instrumental in spreading dance as therapy. Janelle Young is the youngest original member of Inner Dance. She is a young soul with a clean (uncomplicated) energy and is a very fast learner. Joy Domingo is a filmmaker doing a college thesis on the babaylan. She has all the earmarks of a female warrior and dances it spectacularly (although before this she never danced in her life). Joy always had a beer in her left hand and a cigarette in her right. But these were dropped when the girl got hooked to the healing force of Inner Dance. Free movement Come to think of it, in the ’90s, we used to do a similar dance in Chacra which Mariel Francisco began. It, too, was free movement which meant no fixed form, just follow your feelings. Our facilitator was a Javanese dancer named Prapto. The difference was that the early one was only introspective and didn’t try to include “the other.” Pi acknowledges that Chacra paved the way for Inner Dance. “We were just a bunch of housewives seeking enlightenment,” said Mariel. “We read on spiritual subjects, did research, tried so hard. Now all these things we know just flow so naturally out of the mouths of these young warriors. Sapul na sapul nila. (They fully comprehend it). And they’re real enough, grounded enough to believe in while still retaining a sense of magic na hindi na kailangang pang naka lotus position. What used to happen in workshops, which was very ‘male’ in being so forcefully planned and directed, just flows through Inner Dance. It completes and makes sense of our Prapto activity.” Now is a time of convergence. Everyone in the world is into some kind of healing. All the initiatives are coming together—pranic healing, reiki, “praying over,” meditation, channeling. Yoga, anthroposophical studies, chi gong, kalimasada, body movement. Crystal healing, angels, chanting and drumming. Astrology and Buddhism, ETs, Al Gore, Philippine millenarian movements, biodynamic farming and caring for Mother Earth. Who’d ever believe 12 years ago that the last insights of Celestine Prophecy would have come to pass, that “holism” is now passé, that the hologram of the whole body can be seen in a drop of blood, in the iris, the tongue, the ear, or the foot? As if all the little candles we’ve been lighting here and there, almost unnoticed, are finally joining together to become one big light. And it doesn’t matter if we’re calling on Jesus or Buddha or Allah, it is illuminating the world I value the young warriors who believe I can be their small bridge to the older generations. We are finally becoming one. It’s a privilege to be alive. Source: http://showbizandstyle.inquirer.net/lifestyle/lifestyle/view_article.php?article_id=95751
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At the beginning of 2007, I had set out some goals to achieve mostly in the realm of business and a few concerning my political career. I must say I had some fears and apprehension especially since the year of the fire pig was about to begin. Being an earth pig did not guarantee that things would go smoothly for me even in the year of the pig especially since the forecast had stated that the year of the fire pig will be marked by upheavals and overthrows of government.
It is the year of karma, time to collect for those who had sacrificed so much in the past 12 years and payback time for those who had done nothing but inflict pain and hardships to his fellow man. I am no martyr nor a masochist but i have had to endure more pain and sacrifice for so long now and always wondered when all of this would end. I thought maybe this year would provide me the much-needed respite i need, the break i had been waiting for.
Come March, I had to take a break from my radio program because of a provision in our election laws which prohibits media personalities from continuing with their program if they run for any position. This supposedly levels the playing field since to continue broadcasting will give them undue advantage among other candidates because of their exposure. I was not successful in my bid however. It was a major debacle that came halfway in the year that was unfolding and I was afraid that this would characterize the rest of the year.
All of a sudden, news arrived that my case against ABC 5 which I had been fighting for in the last 7 years had finally been resolved by the Supreme Court. I won. The Supreme Court gave merit to my case and came out with a landmark decision to my favor. ABC5 is to reinstate me to my former position without lost to seniority and pay me more than 3 million pesos in damages and backwages.
Looking at the big picture, now I know why I lost the elections. Because God had other plans for me.
Sometimes we wish for things but God does not grant them. Its not because he does not want to grant them nor because we are not worthy of them but because God knows that it will not be good for us. And this is probably the biggest lesson I have ever learned from this whole episode which has spanned 12 years.
Everything has a reason, and it happens at the right season. With God all things are possible and it happens according to His time for only He holds the Master plan. God is alive and He is great. Alleluia!
I am reprinting here the Supreme Court decision here along with some newspaper clippings for those who find themselves in similar situations. Borrowing from the words of Atty. Jose Sison, "Kapag may katwiran, Ipaglaban mo!
[G.R. No. 164652, June 08, 2007]
THELMA DUMPIT-MURILLO, PETITIONER, VS. COURT OF APPEALS, ASSOCIATED BROADCASTING COMPANY, JOSE JAVIER AND EDWARD TAN, RESPONDENTS.
DECISION
QUISUMBING, J.:
This petition seeks to reverse and set aside both the Decision[1] dated January 30, 2004 of the Court of Appeals in CA-G.R. SP No. 63125 and its Resolution[2] dated June 23, 2004 denying the motion for reconsideration. The Court of Appeals had overturned the Resolution[3] dated August 30, 2000 of the National Labor Relations Commission (NLRC) ruling that petitioner was illegally dismissed.
The facts of the case are as follows:
On October 2, 1995, under Talent Contract No. NT95-1805,[4] private respondent Associated Broadcasting Company (ABC) hired petitioner Thelma Dumpit-Murillo as a newscaster and co-anchor for Balitang-Balita, an early evening news program. The contract was for a period of three months. It was renewed under Talent Contracts Nos. NT95-1915, NT96-3002, NT98-4984 and NT99-5649.[5] In addition, petitioner’s services were engaged for the program “Live on Five.” On September 30, 1999, after four years of repeated renewals, petitioner’s talent contract expired. Two weeks after the expiration of the last contract, petitioner sent a letter to Mr. Jose Javier, Vice President for News and Public Affairs of ABC, informing the latter that she was still interested in renewing her contract subject to a salary increase. Thereafter, petitioner stopped reporting for work. On November 5, 1999, she wrote Mr. Javier another letter,[6] which we quote verbatim:
x x x x
Dear Mr. Javier:
On October 20, 1999, I wrote you a letter in answer to your query by way of a marginal note “what terms and conditions” in response to my first letter dated October 13, 1999. To date, or for more than fifteen (15) days since then, I have not received any formal written reply. xxx
In view hereof, should I not receive any formal response from you until Monday, November 8, 1999, I will deem it as a constructive dismissal of my services.
x x x x
A month later, petitioner sent a demand letter[7] to ABC, demanding: (a) reinstatement to her former position; (b) payment of unpaid wages for services rendered from September 1 to October 20, 1999 and full backwages; (c) payment of 13th month pay, vacation/sick/service incentive leaves and other monetary benefits due to a regular employee starting March 31, 1996. ABC replied that a check covering petitioner’s talent fees for September 16 to October 20, 1999 had been processed and prepared, but that the other claims of petitioner had no basis in fact or in law.
On December 20, 1999, petitioner filed a complaint[8] against ABC, Mr. Javier and Mr. Edward Tan, for illegal constructive dismissal, nonpayment of salaries, overtime pay, premium pay, separation pay, holiday pay, service incentive leave pay, vacation/sick leaves and 13th month pay in NLRC-NCR Case No. 30-12-00985-99. She likewise demanded payment for moral, exemplary and actual damages, as well as for attorney’s fees.
The parties agreed to submit the case for resolution after settlement failed during the mandatory conference/conciliation. On March 29, 2000, the Labor Arbiter dismissed the complaint.[9]
On appeal, the NLRC reversed the Labor Arbiter in a Resolution dated August 30, 2000. The NLRC held that an employer-employee relationship existed between petitioner and ABC; that the subject talent contract was void; that the petitioner was a regular employee illegally dismissed; and that she was entitled to reinstatement and backwages or separation pay, aside from 13th month pay and service incentive leave pay, moral and exemplary damages and attorney’s fees. It held as follows:
WHEREFORE, the Decision of the Arbiter dated 29 March 2000 is hereby REVERSED/SET ASIDE and a NEW ONE promulgated:1) declaring respondents to have illegally dismissed complainant from her regular work therein and thus, ordering them to reinstate her in her former position without loss of seniority right[s] and other privileges and to pay her full backwages, inclusive of allowances and other benefits, including 13th month pay based on her said latest rate of P28,000.00/mo. from the date of her illegal dismissal on 21 October 1999 up to finality hereof, or at complainant’s option, to pay her separation pay of one (1) month pay per year of service based on said latest monthly rate, reckoned from date of hire on 30 September 1995 until finality hereof;
2) to pay complainant’s accrued SILP [Service Incentive Leave Pay] of 5 days pay per year and 13th month pay for the years 1999, 1998 and 1997 of P19,236.00 and P84,000.00, respectively and her accrued salary from 16 September 1999 to 20 October 1999 of P32,760.00 plus legal interest at 12% from date of judicial demand on 20 December 1999 until finality hereof;
3) to pay complainant moral damages of P500,000.00, exemplary damages of P350,000.00 and 10% of the total of the adjudged monetary awards as attorney’s fees.
Other monetary claims of complainant are dismissed for lack of merit.
SO ORDERED.[10]
After its motion for reconsideration was denied, ABC elevated the case to the Court of Appeals in a petition for certiorari under Rule 65. The petition was first dismissed for failure to attach particular documents,[11] but was reinstated on grounds of the higher interest of justice.[12]
Thereafter, the appellate court ruled that the NLRC committed grave abuse of discretion, and reversed the decision of the NLRC.[13] The appellate court reasoned that petitioner should not be allowed to renege from the stipulations she had voluntarily and knowingly executed by invoking the security of tenure under the Labor Code. According to the appellate court, petitioner was a fixed-term employee and not a regular employee within the ambit of Article 280[14] of the Labor Code because her job, as anticipated and agreed upon, was only for a specified time.[15]
Aggrieved, petitioner now comes to this Court on a petition for review, raising issues as follows:
I.
THIS HONORABLE COURT CAN REVIEW THE FINDINGS OF THE HONORABLE COURT OF APPEALS, THE DECISION OF WHICH IS NOT IN ACCORD WITH LAW OR WITH THE APPLICABLE DECISIONS OF THE SUPREME COURT[;]
II.
THE PRO-FORMA TALENT CONTRACTS, AS CORRECTLY FOUND BY THE NLRC – FIRST DIVISION, ARE “ANTI-REGULARIZATION DEVICES” WHICH MUST BE STRUCK DOWN FOR REASONS OF PUBLIC POLICY[;]
III.
BY REASON OF THE CONTINUOUS AND SUCCESSIVE RENEWALS OF THE THREE-MONTH TALENT CONTRACTS, AN EMPLOYER-EMPLOYEE RELATIONSHIP WAS CREATED AS PROVIDED FOR UNDER ARTICLE 280 OF THE LABOR CODE[;]
IV.
BY THE CONSTRUCTIVE DISMISSAL OF HEREIN PETITIONER, AS A REGULAR EMPLOYEE, THERE WAS A DENIAL OF PETITIONER’S RIGHT TO DUE PROCESS THUS ENTITLING HER TO THE MONEY CLAIMS AS STATED IN THE COMPLAINT[.][16]
The issues for our disposition are: (1) whether or not this Court can review the findings of the Court of Appeals; and (2) whether or not under Rule 45 of the Rules of Court the Court of Appeals committed a reversible error in its Decision.
On the first issue, private respondents contend that the issues raised in the instant petition are mainly factual and that there is no showing that the said issues have been resolved arbitrarily and without basis. They add that the findings of the Court of Appeals are supported by overwhelming wealth of evidence on record as well as prevailing jurisprudence on the matter.[17]
Petitioner however contends that this Court can review the findings of the Court of Appeals, since the appellate court erred in deciding a question of substance in a way which is not in accord with law or with applicable decisions of this Court.[18]
We agree with petitioner. Decisions, final orders or resolutions of the Court of Appeals in any case — regardless of the nature of the action or proceeding involved — may be appealed to this Court through a petition for review. This remedy is a continuation of the appellate process over the original case,[19] and considering there is no congruence in the findings of the NLRC and the Court of Appeals regarding the status of employment of petitioner, an exception to the general rule that this Court is bound by the findings of facts of the appellate court,[20] we can review such findings.
On the second issue, private respondents contend that the Court of Appeals did not err when it upheld the validity of the talent contracts voluntarily entered into by petitioner. It further stated that prevailing jurisprudence has recognized and sustained the absence of employer-employee relationship between a talent and the media entity which engaged the talent’s services on a per talent contract basis, citing the case of Sonza v. ABS-CBN Broadcasting Corporation.[21]
Petitioner avers however that an employer-employee relationship was created when the private respondents started to merely renew the contracts repeatedly fifteen times or for four consecutive years.[22]
Again, we agree with petitioner. The Court of Appeals committed reversible error when it held that petitioner was a fixed-term employee. Petitioner was a regular employee under contemplation of law. The practice of having fixed-term contracts in the industry does not automatically make all talent contracts valid and compliant with labor law. The assertion that a talent contract exists does not necessarily prevent a regular employment status.[23]
Further, the Sonza case is not applicable. In Sonza, the television station did not instruct Sonza how to perform his job. How Sonza delivered his lines, appeared on television, and sounded on radio were outside the television station’s control. Sonza had a free hand on what to say or discuss in his shows provided he did not attack the television station or its interests. Clearly, the television station did not exercise control over the means and methods of the performance of Sonza’s work.[24] In the case at bar, ABC had control over the performance of petitioner’s work. Noteworthy too, is the comparatively low P28,000 monthly pay of petitioner[25] vis the P300,000 a month salary of Sonza,[26] that all the more bolsters the conclusion that petitioner was not in the same situation as Sonza.
The contract of employment of petitioner with ABC had the following stipulations:
x x x x1. SCOPE OF SERVICES – TALENT agrees to devote his/her talent, time, attention and best efforts in the performance of his/her duties and responsibilities as Anchor/Program Host/Newscaster of the Program, in accordance with the direction of ABC and/or its authorized representatives.
1.1. DUTIES AND RESPONSIBILITIES – TALENT shall:
- Render his/her services as a newscaster on the Program;
- Be involved in news-gathering operations by conducting interviews on- and off-the-air;
- Participate in live remote coverages when called upon;
- Be available for any other news assignment, such as writing, research or camera work;
- Attend production meetings;
- f. On assigned days, be at the studios at least one (1) hour before the live telecasts;
- Be present promptly at the studios and/or other place of assignment at the time designated by ABC;
- Keep abreast of the news;
- Give his/her full cooperation to ABC and its duly authorized representatives in the production and promotion of the Program; and
- Perform such other functions as may be assigned to him/her from time to time.
x x x x
1.3 COMPLIANCE WITH STANDARDS, INSTRUCTIONS AND OTHER RULES AND REGULATIONS – TALENT agrees that he/she will promptly and faithfully comply with the requests and instructions, as well as the program standards, policies, rules and regulations of ABC, the KBP and the government or any of its agencies and instrumentalities.[27]
x x x x
In Manila Water Company, Inc. v. Pena,[28] we said that the elements to determine the existence of an employment relationship are: (a) the selection and engagement of the employee, (b) the payment of wages, (c) the power of dismissal, and (d) the employer’s power to control. The most important element is the employer’s control of the employee’s conduct, not only as to the result of the work to be done, but also as to the means and methods to accomplish it.[29]
The duties of petitioner as enumerated in her employment contract indicate that ABC had control over the work of petitioner. Aside from control, ABC also dictated the work assignments and payment of petitioner’s wages. ABC also had power to dismiss her. All these being present, clearly, there existed an employment relationship between petitioner and ABC.
Concerning regular employment, the law provides for two kinds of employees, namely: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activity in which they are employed.[30] In other words, regular status arises from either the nature of work of the employee or the duration of his employment.[31] In Benares v. Pancho,[32] we very succinctly said:
…[T]he primary standard for determining regular employment is the reasonable connection between the particular activity performed by the employee vis-à-vis the usual trade or business of the employer. This connection can be determined by considering the nature of the work performed and its relation to the scheme of the particular business or trade in its entirety. If the employee has been performing the job for at least a year, even if the performance is not continuous and merely intermittent, the law deems repeated and continuing need for its performance as sufficient evidence of the necessity if not indispensability of that activity to the business. Hence, the employment is considered regular, but only with respect to such activity and while such activity exists.[33]
In our view, the requisites for regularity of employment have been met in the instant case. Gleaned from the description of the scope of services aforementioned, petitioner’s work was necessary or desirable in the usual business or trade of the employer which includes, as a pre-condition for its enfranchisement, its participation in the government’s news and public information dissemination. In addition, her work was continuous for a period of four years. This repeated engagement under contract of hire is indicative of the necessity and desirability of the petitioner’s work in private respondent ABC’s business.[34]
The contention of the appellate court that the contract was characterized by a valid fixed-period employment is untenable. For such contract to be valid, it should be shown that the fixed period was knowingly and voluntarily agreed upon by the parties. There should have been no force, duress or improper pressure brought to bear upon the employee; neither should there be any other circumstance that vitiates the employee’s consent.[35] It should satisfactorily appear that the employer and the employee dealt with each other on more or less equal terms with no moral dominance being exercised by the employer over the employee.[36] Moreover, fixed-term employment will not be considered valid where, from the circumstances, it is apparent that periods have been imposed to preclude acquisition of tenurial security by the employee.[37]
In the case at bar, it does not appear that the employer and employee dealt with each other on equal terms. Understandably, the petitioner could not object to the terms of her employment contract because she did not want to lose the job that she loved and the workplace that she had grown accustomed to,[38] which is exactly what happened when she finally manifested her intention to negotiate. Being one of the numerous newscasters/broadcasters of ABC and desiring to keep her job as a broadcasting practitioner, petitioner was left with no choice but to affix her signature of conformity on each renewal of her contract as already prepared by private respondents; otherwise, private respondents would have simply refused to renew her contract. Patently, the petitioner occupied a position of weakness vis-à-vis the employer. Moreover, private respondents’ practice of repeatedly extending petitioner’s 3-month contract for four years is a circumvention of the acquisition of regular status. Hence, there was no valid fixed-term employment between petitioner and private respondents.
While this Court has recognized the validity of fixed-term employment contracts in a number of cases, it has consistently emphasized that when the circumstances of a case show that the periods were imposed to block the acquisition of security of tenure, they should be struck down for being contrary to law, morals, good customs, public order or public policy.[39]
As a regular employee, petitioner is entitled to security of tenure and can be dismissed only for just cause and after due compliance with procedural due process. Since private respondents did not observe due process in constructively dismissing the petitioner, we hold that there was an illegal dismissal.
WHEREFORE, the challenged Decision dated January 30, 2004 and Resolution dated June 23, 2004 of the Court of Appeals in CA-G.R. SP No. 63125, which held that the petitioner was a fixed-term employee, are REVERSED and SET ASIDE. The NLRC decision is AFFIRMED.
Costs against private respondents.
SO ORDERED.
Carpio, Carpio-Morales, Tinga, and Velasco, Jr., JJ., concur.
[1] Rollo, pp. 207-220. Penned by Associate Justice Edgardo F. Sundiam, with Associate Justices Eubulo G. Verzola and Remedios Salazar-Fernando concurring.
[2] Id. at 246. Penned by Associate Justice Edgardo F. Sundiam, with Associate Justices Remedios Salazar-Fernando and Mariano C. Del Castillo concurring.
[3] Id. at 90-125.
[4] CA rollo, pp. 105-107.
[5] Id. at 108-112.
[6] Id. at 121.
[7] Id. at 123.
[8] Id. at 213-214.
[9] Id. at 155-169.
[10] Id. at 124-125.
[11] Rollo, p. 180.
[12] Id. at 195.
[13] Id. at 220.
[14] ART. 280. Regular and Casual Employment.—The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That, any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue while such activity exists.
[15] Rollo, p. 217.
[16] Id. at 382.
[17] Id. at 335.
[18] Id. at 387.
[19] Pagoda Philippines, Inc. v. Universal Canning, Inc., G.R. No. 160966, October 11, 2005, 472 SCRA 355, 359.
[20] Cirelos v. Hernandez, G.R. No. 146523, June 15, 2006, 490 SCRA 625, 635.
[21] G.R. No. 138051, June 10, 2004, 431 SCRA 583.
[22] Rollo, pp. 420-421.
[23] See ABS-CBN Broadcasting Corporation v. Marquez, G.R. No. 167638, June 22, 2005, pp. 5-6 (Unsigned Resolution), where the Court held what petitioner ABS-CBN called “talents” as regular employees. The Court declared: “It may be so that respondents were assigned to a particular tele-series. However, petitioner can and did immediately reassign them to a new production upon completion of a previous one. Hence, they were continuously employed, the tele-series being a regular feature in petitioner’s network programs. Petitioner’s continuous engagement of respondents from one production after another, for more than five years, made the latter part of petitioner’s workpool who cannot be separated from the service without cause as they are considered regular. A project employee or a member of a workpool may acquire the status of a regular employee when the following concur: there is continuous rehiring of project employees even after the cessation of the project and the tasks performed by the alleged “project employee” are vital, necessary, and indispensable to the usual business or trade of his employer. It cannot be denied that the services of respondents as members of a crew in the production of a tele-series are undoubtedly connected with the business of the petitioner. This Court has held that the primary standard in determining regular employment is the reasonable connection between the particular activity performed by the employee in relation to the business or trade of his employer. Here, the activity performed by respondents is, without doubt, vital to petitioner’s trade or business.”
[24] See Sonza v. ABS-CBN Broadcasting Corporation, supra note 21, at 599, which also held that in the United States, aside from the right of control test, there are the “economic reality” test and the “multi-factor test.” The tests are drawn from statutes, regulations, rules, policies, rulings, case law and the like. The “right of control” test applies under the Federal Internal Revenue Code (“IRC”). The “economic reality” test applies to the Federal Fair Labor Standards Act (“FLSA”). The California Division of Labor Standards Enforcement (“DLSE”) uses a hybrid of these two tests often referred to as the “multi-factor test” in determining who an employee is.
[25] Rollo, p. 95.
[26] Supra note 21, at 596.
[27] CA rollo, p. 113.
[28] G.R. No. 158255, July 8, 2004, 434 SCRA 53.
[29] Id. at 61, 62.
[30] Philippine Fruit & Vegetable Industries, Inc. v. NLRC, G.R. No. 122122, July 20, 1999, 310 SCRA 673, 681.
[31] Bernardo v. National Labor Relations Commission, G.R. No. 122917, July 12, 1999, 310 SCRA 186, 204-205.
[32] G.R. No. 151827, April 29, 2005, 457 SCRA 652.
[33] Id. at 660.
[34] Samson v. National Labor Relations Commission, G.R. No. 113166, February 1, 1996, 253 SCRA 112, 123.
[35] Brent School, Inc. v. Zamora, G.R. No. 48494, February 5, 1990, 181 SCRA 702, 716 cited in Pangilinan v. General Milling Corporation, G.R. No. 149329, July 12, 2004, 434 SCRA 159, 170.
[36] Pangilinan v. General Milling Corporation, id.
[37] Integrated Contractor and Plumbing Works, Inc. v. National Labor Relations Commission, G.R. No. 152427, August 9, 2005, 466 SCRA 265, 273.
[38] Rollo, p. 425.
[39] Innodata Philippines, Inc. v. Quejada-Lopez, G.R. No. 162839, October 12, 2006, 504 SCRA 253, 258-259.
E-Library Doc. ID: a45475a11ec72b843d74959b60fd7bd6467c1e9c4a92c
Andrew Tan is not only the country’s newest taipan, he is also the country’s newest dollar billionaire.
The combined market value of Tan’s holding company, Alliance Global, and Megaworld jumped to over P152 billion on Monday, when Alliance Global resumed trading after a $447-million follow-on offering.
In early February, when details of the additional offering were still being finalized, the combined market value of the two Tan companies was still “only” below P83 billion. In short, Tan’s market valuation has nearly doubled in just four months.
Based on our back-of-the-envelope calculations, the 57-year-old BSBA magna cum laude graduate of the University of the East and his wife Katherine easily account for P80 billion of that nearly doubled pie.
On top of that, the Tan couple, through their Yorkshire Holdings, obtained a $227-million (P10.44 billion) windfall as a result of having cashed out about 23 percent in Alliance Global stake, which became the basis for the blockbuster re-offering that also raised $200 million for Alliance Global’s coffers.
“It was a blow-out success,” gushed UBS’s Lauro Baja, his investment bank itself fatter by P207 million in underwriting fees.
Money-go-round
• Newscaster Thelma Dumpit-Murillo has won the illegal dismissal case she filed way back in 1999 against the Edward Tan-era Channel 5.
The Supreme Court reversed the Court of Appeals and said that after four consecutive years and 15 renewals of Dumpit-Murillo’s talent contract, there already existed an employer-employee relationship between the newscaster and the TV station.
• Come-backing Senator Loren Legarda will thank her upper-crust supporters in a merienda-cena at the Manila Polo Club this afternoon.
• The Universal Re building, where the Journal Group of Publications will transfer to next month, is actually located at the corner of Paseo de Roxas and Perea Street, not Legaspi Street as was reported on Monday.
The Journal is the latest addition to the cast of colorful characters that call Perea home and/or office, from socialite-impresario Rosemarie Arenas to Villaraza and Angangco law firm to, of course, Mike Arroyo.
Heard through the grapevine
The post of administrator of the Light Rail Transit Authority, currently held by El Shaddai nominee Mel Robles, will likely be awarded next to a nominee of the Iglesia ni Cristo.
El Shaddai’s Bro. Mike Velarde will not object to the INC switch, according to the religious chatter, since the Iglesia church supported Bro. Mike’s Buhay party-list nominees in the last elections.
Robles, who was Bro. Mike’s spokesman before his government appointment, has headed the LRTA since September 2004.
(Web site: www.cocktales.com.ph; e-mail: cocktales_mst@pldtdsl.net)
Home > Nation > Top Stories
06/20/2007 | 11:16 AM
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The Supreme Court second division has ordered television firm Associated Broadcasting Company (ABC) Channel 5 to pay its former newscaster talent P1 million, ruling that the network unjustly failed to accord her regular employee benefits.
Radio station dzBB reported that the high court ordered ABC-5 to compensate Thelma Dumpit-Murillo, now with radio station dwIZ.
It said the high court, in an 11-page ruling penned by acting chief justice Leonardo Quisumbing, affirmed an earlier decision by the National Labor Relations Commission (NLRC) and overturned a previous ruling of the Court of Appeals.
The report said that while Murillo signed three-month talent contracts with ABC-5, she is considered a regular employee and is entitled to benefits and security of tenure.
Murillo argued that she had no choice then but to sign the talent contracts, saying she did not want to lose her job.
The high court said there was no sign Murillo signed the talent contract voluntarily.
In an interview on dzBB radio, Murillo hailed her court victory as a "landmark ruling."
"After seven long years the high court finally decided. It has been a lonely battle," she said.
"God is alive and he works in mysterious ways. While justice grinds exceedingly slow the smell of victory makes the wait all worth it," she added.
Murillo said the signing of talent contracts is a "circumvention of the law" that is "common" among broadcast networks.
She bemoaned that she had a hard time finding a job with other networks after she had filed the case.
She filed the case for illegal dismissal against ABC-5 in 2001, after staying in the network for four years. The period was before tycoon Antonio "Tony Boy" Cojuangco took over the company.
She recalled losing the case at the arbiter's level, but winning the appeal she filed at the NLRC.
ABC-5 management won the next round when the Court of Appeals cited what Murillo called a "technicality," prompting her to elevate the case to the high court. - GMANews.TV
Home > Pinoy Abroad > Balitang Pinoy
06/20/2007 | 03:59 PM
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Inatasan ng Korte Suprema ang television network na Associated Broadcasting Company (ABC) Channel 5 na bayaran ang dati nilang newscaster ng halos P1 milyon, ayon sa ulat ng radio dzBB nitong Miyerkules.
Ayon sa ulat, ang kautusan ng second division ng SC ay bilang sweldo at danyos kay Thelma Dumpit-Murillo, na ngayon ay isang newscaster at host sa radio station dwIZ.
Ang kautusan ng korte ay pagsang-ayon sa naunang desisyon ng National Labor Relations Commission (NLRC) pabor kay Murillo at pagbaliktad naman sa naging pasya ng Court of Appeals (CA).
Sinabi sa ulat na pumirma ng tatlong buwang kontrata bilang talent newscaster ng ABC-5 si Murillo ngunit ikokonsidera siyang regular employee at tatanggap ng benebisyo at may security of tenure.
Ayon kay Murillo, pumayag siyang pirmahan ang kontrata dahil ayaw niyang mawala ang naturang trabaho. Ngunit noong Oktubre 1999 ay tinanggal din siya sa trabaho.
Taong 2000 nang katigan ng National Labor Relations Commission (NLRC) ang posisyon ni Murillo pero ibinasura naman ito ng Court of Appeals dahil sa teknikalidad. Bunga nito, iniakyat ni Murillo ang usapin sa SC.
Sa 11-pahinang desisyon na isinulat ni Senior Associate Justice Leonardo Quisumbing, sinabi nito na walang palatandaan na boluntaryong pinirmahan ni Murillo ang kanyang kontrata bilang talent.
Sa panayam ng radio dzBB, pinuri ni Murillo ang pasya ng SC at itinuring niya itong "landmark ruling." "After seven long years the high court finally decided. It has been a lonely battle," aniya.
"God is alive and he works in mysterious ways. While justice grinds exceedingly slow the smell of victory makes the wait all worth it," dagdag pa niya.
Sinabi ni Murillo na nahirapan siyang makahanap ng trabaho sa ibang network matapos niyang isampa ang kaso.
Apat na taon na nagtrabaho si Murillo sa ABC-5 bago pa ito pamunuan ng business tycoon na si Antonio "Tony Boy" Cojuangco. - GMANews.TV
Lately, I've been toying with the idea of adding a day spa and massage haven in our place in Tagaytay. Thus began my search for the best spa experience and research on how to start one. I figured the best way to start to listen to the industry players and find out exactly where it is and where its headed. Jackpot! A spa and wellness summit was scheduled and so I wasted no time in registering for it.
Coming out of a three-day spa and wellness summit at the Hotel Sofitel, I got the urge to get an all-over body polishing at Essenses. It is my first time to try this place or any public massage center for that matter since my personal reflexologist had always pampered me with her regular visits at home.
I was totally surprised to discover that aside from clothes, shoes and foodstuff, you can now shop for a spa at the fifth floor of Rustan’s in Makati. As soon as you get off the escalator, you are presented with several establishments which offer spa services like the Island Spa, Chair massage, Belo Medical Clinic and Murad among others. This new concept excited me and went on to look for Essenses.
As soon as I got in, a massage therapist approached me and asked that I fill up a consultation form which basically was a questionnaire asking about one’s medical history. It was too long for me to answer so I decided to skip it and just answer the therapist verbally her litany of questions. Having gotten that out of the way, I inquired what kind of service I was going to get. The therapist explained it was a two-hour service which consisted of a body scrub followed by a combination Swedish/shiatsu massage for P 2,200.00 pesos.
From there, I was led to a changing room where I was handed a white, thick robe, a small plastic which I later found out were disposable panties and a locker key. After ridding myself of my clothes, I proceeded to my assigned room.
The set-up at Essenses is quite Spartan and simple. Nothing lavish as one would find in a resort or destination spa like the Nurture Spa in Tagaytay or the Nusa Dua which I tried for their lulur when I went to Bali, Indonesia.
At Essenses, the massage room contained only a massage bed, a sink and a shower room plus a cart which had all the lotions and potions for God knows what. That’s all. Good thing it was clean, temperature adjusted to one‘s preference, lights dimmed while Steve Raiman’s spa music played. Music can truly soothe the soul and calm one’s nerves. But the true test of a spa lies in the experience one gets from the knowledge and expertise of the massage therapist.
Wellness seems to be the buzzword nowadays. With baby boomers of the sixties now reaching mostly their fifties, the need for new and alternative modes of preventive medicine such as the massage has become not just a form of luxury but a necessity. The hilot which used to be employed traditionally by albularyos for sprains is now being marketed by the Department of Tourism as the Philippines’ answer to the more famous Thai and Ayurvedic massages or the Chinese Tui Na massage or acupressure. Slowly, it is gaining ground thanks to wellness advocates like former health secretary Dr. Jaime Galvez Tan and Mr.Bibiano Fajardo of the ATHAG or the Association of Traditional Healers.
Too bad, little government support is again being blamed for the not so great performance of the wellness industry in the country for the past six years. While other Asian nations have grown in strides and continue to draw in the tourists away from us, we are still at that stage where systems have to be systematized, spa and massage therapists professionalized and services standardized.
From the three-day summit, I gather from the participants the common plaint that government must put their acts together in so far as promoting the wellness industry. Industry stakeholders feel that government is not taking them seriously and in fact, feel like they are orphans in the order of priorities. Owner of award - winning destination spa The Farm in San Benito Mr. Rempe confessed during the summit that as a business, his place is bankrupt. All the accolades the Farm has received is not enough to keep their business afloat.
Surely, this only means that the state of well-being of the wellness industry does not look very good. Prognosis is bad. What has been bruited about as the wellness revolution may turn out to be a losing battle without timely intervention from government.
The Spa Association of the Philippines headed by Marjorie Lopingco does not totally put the blame on government. She said there is greater need to educate and disabuse the minds of people especially those who have stereotyped the massage to mean sex, an ugly connotation that was a thing of the 70’s. Today, a massage is considered as therapy for the stressed out individual and the massage room a place to get relief from it.
All in all, the responsibility is neither just government nor that of the industry players. The need is for all stakeholders to get their acts together in synchronized fashion . There is no time for finger-pointing if we truly want to make the Philippines succeed in making its mark as the Wellness capital of Asia.
As far as Essenses is concerned, I’ll give it a rating of B+. May I suggest that after the massage session, the therapist sit down with the client for some hot tea and a few recommendations on how to maintain a healthy lifestyle which should include a follow-up massage. Then I’ll be convinced that Essenses is not just a business that’s after my money but truly after the wellness of its client.
************
Aha, you probably thought this was another bribery story what with all this news about ZTE and money changing hands and "sec, me 200 ka dito", didn't you? Well , it's not! Rather it is another feel good story care of my son Matt. Like in my previous post, this is another anecdote which I failed to post and now am posting for all. You'll fall in love with this. Happy reading!
A CHRISTMAS STORY
The Christmas Holidays while tiring and hectic provide
that brief respite from the daily grind. It gives us a
chance to spend time with family and to think back of
the year just past.
On our way back from a trip to La Union, I was caught
unawares when my five year old son Matt asked me why
we needed to hurry back to Manila. I told him I had a
Christmas party to attend to that same night and that
is the reason why we had to head back. The traffic
was light all the way until we reached Malinta. By
then it was almost 11 in the evening already. Matt
then asked me,
“Mom, up to what time is your party?”
“12, I replied.
“What time is it now?”
“Its 11:00”
“And you’re very late na?”
“Ya that’s right.”
“When its 12, your party is finished na?”
“Yap!”
He then looked to the front and shouted, “Driver, slow
down ka!”
I burst in laughter amused at my five year old and ask
him, “ Why did you tell the driver to slow down ?”
He answered, “So you can have more time with me”.
I didn’t know what to say but the traffic seemed to be
on Matt’s side as it moved at a snail’s pace. It was
then that I decided to just forget about the party and
just go home straight. When I told Matt I was not
going anymore, he gave out a big smile and fell asleep
snug by my side.
It is moments like this that make us think.
I did not realize my son was wanting for attention
until that moment. I thought I was giving him enough.
Of course, I could give him more if I had more time
but alas, that is the difficulty for a multi-tasking
mom like me.
Lesson learned: MAKE TIME. Its always been said take
advantage while your kids are still young and wanting
to be around you because once they reach their teens
and have their own barkada and issues, you’ll never
see them around as much as you would want to.
That moment also made me think back when my siblings
and I were the age of Matt, young kids who tried to
understand why our parents had to spend Christmas eve
and New Year’s eve with other people to answer to the
call of public service and as part of our dad’s job as
a military officer. Now that we are older, things
have not changed. We are forced to celebrate the
holidays just among us since my dad has to be with his
constituents in the province this time. An adult
would understand but how do you explain it to kids who
believe that Christmas is for children.
To all you out there, listen and listen well. Be more
sensitive to the feelings of people around you. Maybe
if we listen more intently, we can communicate more
clearly even without having to utter a single word.
The other lesson which I learned is do not ever
underestimate your 5 year old’s intelligence. Young
as they are, they can be your life’s best teacher.
Draw inspiration from them. Ask them the questions
that seem difficult to answer for you and see how
simple the answers really are. It may be their
innocence that we adults have lost that allows them to
come up with a solution fast without any bias or
partiality.
Here’s to a peaceful and more spiritual journey in the
new year
New Year, New me! Nope, don't mistake this is for an advance post for New Year's Day. Rather, it is for my birthday which I will be celebrating tomorrow October 20. Don't ask how old I'll be for I've started counting backwards from the day I hit 30. Hahahaha! Not that I'm in a state of denial but rather when you think about it, how important really is age? What matters is what as they say in tagalog "meron kang pinagkatandaan" , di ba? Besides, nowadays forty is the new twenty so if you feel old then do something about. With the numerous wellness programs and medical technological advances available, it would be a sin to look ugly nowadays.
But what urged me to go back to blogging? It certainly is not because of the political affairs currently playing in the country which I truly find sickening. Besides, while it does affect me personally, I have no control over it since I am not a player in the scheme of things. What led me to go back to writing is my desire to share a couple of stories which I wrote some months back but failed to post for all to read.
I was cleaning up my inbox this morning as part of my yearly ritual of cleansing before my birthday. I then came across this story which i wrote entitled The Special Ingredient. It is a beautiful anecdote which got a lot of reactions and I now reprint it here for all.
THE SPECIAL INGREDIENT
It was one of those rare occasions when I had to
cook since all the helps went out for their New Year's
day off. I prepared a simple fare for lunch
consisting of beef mechado and some macaroni salad. I
called everyone to eat and first to come to the table
was my precocious five-year old Matt who never ceases
to amaze me with his questions.
When he came to the table, he asked me what the food
was and I replied,
" Your favorite. Beef mechado".
I put some rice on his plate and lots of sauce on
it because that was how he liked to eat it. After his
first bite, he looked at me and asked, " Mom, do you
know Tita Mayie's mechado tastes better?"
Wondering why and somewhat hurt at his question, I
asked him,
" Why does it taste better naman?"
"Kasi she uses a special ingredient."
A special ingredient I thought to myself. How
can it taste better when we use the same recipe handed
down by my dear mother to all of us.
I then proceeded to ask,
"Really? Eh what's her special ingredient ba?"
"Love."
I was flabbergasted to hear about the so called
special ingredient and urged him to continue eating
hoping he would taste the same secret ingredient.
After a while, he gave out a big burp and said,
"Uhmmm. Sarap! That was good.
Curious now about what he was thinking, I asked
him
"So, you like my beef mechado?"
"Ya, its good!"
Did you also taste the special ingredient?
"Ya."
"Love?"
"No."
"Huh? What is it then?"
In all candor, he replied, "Patis!"
Funny as it may seem, it dawned on me that you
can never cheat on kids. They know it when you are
sincere or when you are just faking it. Many times,
we do things perfunctorily just to get things out of
the way. Quite understandable! With a million things
to do and with so little time, no one is to blame. It
really is a question of time management. That is why
the little moments you can share with your family and
friends count a lot. A few minutes of sincere and
devoted togetherness goes a long way. While it does
not make up for lost time, the quality of those
minutes makes up for a memorable and significant
moment.
That simple encounter has left a deep mark on me,
deep enough to write about it for all to read and
learn. It made me go into a period of introspection
to find out if I have been insincere all along or just
plain tired of the routine. Have I been doing things
out of duty and responsibility or out of love? I
thought I was doing it out of both but it took my five
year old to tell me that I probably need to do things
more with genuine affection, to slow down and let
things figure themselves out. You cannot solve all
the problems of the world. Choose your battles and
win each one, one at a time. Most important, remember
that the ups and downs make up the spice of life. You
just have to learn to adjust it to your taste. Happy
eating all!
****end of story****
Of course that's not the end of story. There are many more tales borne out of my mis/adventures with my son Matt. I must confess I am guilty for sometimes thinking had I been given a second chance I would opt not to have kids anymore. How selfish of me! What was I thinking? All in the name of vanity and greed. I do take that back and I pray the Lord forgives me for even thinking that way. For while there are hardships and responsibilities that come with parenting, the love and satisfaction i derive from seeing how happy and healthy my beautiful sons have turned out to be is immeasurable. They are God's greatest, most precious and most invaluable gifts to me which I hope I am worthy of. Need I ask for more.
Hello blog fans and my apologies for the sudden disappearance. Not that nothing significant has happened but on the contrary, thinks have been happening at lightning speed that I hardly had the time to write down my random thoughts. I can't believe my last post was still last year on the velada or Old Girls' Day at my high school alma mater the Assumption Convent and here am I again about to attend the next velada this August. Of course, this year is extra special for us Assumptionistas because of the cannonization of our Blessed Marie Eugenie at the Vatican which I sorely missed because of the elections. But that's getting ahead of the juicier stories which happened before the cannonization.
As you know, I am in the middle of an electoral protest as a result of the massive cheating which happened in our province of La Union particularly in the town of Rosario. i filed for a petition for revision of ballots so as to be able to open once more the ballot boxes and find out the truth as to who really won in the last elections. What a surprise to see ballots with similar handwritings not just in one precinct but surfacing in other precincts. there were also ballots with distinctive marks and some precincts with no ballots at all or ballots were torn in half with the other half missing.
i was all ready to accept defeat as i have stated in all my discourse if the elections were clean but i guess i was naive to believe it was gonna get any close to being clean. and so this protest. i am determined to see this through and i am still ready to face defeat if that is the decision of the court but one thing for sure, there will be people who will be accountable and must be sent to jail. i wonder how can some of our teachers be part of this sham when they are suppose to be the educators of our children, the future leaders of our country. how can they gamble their retirement benefits for a small amount of instant gratification? What a sad commentary.
on a happier note, i am ecstatic over the decision of the Supreme court over the case which i filed back in 1999 against ABC 5 reversing the Court of Appeals decision and affirming the NLRC decision. After seven long years, the supreme Court saw the merits of what I was fighting for and I feel vindicated that indeed, what this network is doing is against public policy and a circumvention of the law. Justice grinds exceedingly slow but the sweet smell of victory makes the long wait well worth it.
and so i'm back… although on second thought, i never really left. nag meanwhile lang…. hehehe!
it seems like only yesterday when we celebrated 25 years of graduating from high school yet here we are again getting together to mark 30. time surely flies fast. life then was much simpler and decisions to make, easier, revolving around questions on what dress to wear, what shoes went with it and if this guy was cute enough. not that we don’t think about the same anymore.only that these things no longer matter as much. people change and our values sometimes, sadly change with it too. and while the only thing constant in this world is change, i pray we don’t forget that in the end what matters truly is how we lived our life. hooray for HS class 76!
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Came across this survey and thought it might do some of you some good to answer the questions for your own consumption.Ready?
1. Your favorite virtue:
2. Your favorite qualities in a man:
3. Your favorite qualities in a woman:
4. Your favorite occupation:
5. Your chief characteristic:
6. Your idea of happiness:
7. Your idea of misery:
8. Your favorite color and flower:
9. If not yourself, who would you be:
10. Where would you like to live:
11. Your favorite poets:
12. Your favorite painters and composers:
13. Your favorite heroes in real life:
14. Your favorite heroines in real life:
15. Your favorite heroes in fiction:
16. Your favorite heroines in fiction:
17. Your favorite food and drink:
18. Your favorite names:
19. Your pet aversion:
20. What characters in history do you most dislike?
21. What is your present state of mind?
22. For what fault have you the most toleration?
23. Your favorite motto:
Now let me add a few of my own:
24. Your favorite sexual position: ( chiz escudero says the wheelbarrow for him as he stated over “Private Conversations” with Boy Abunda. I personally haven’t tried that but i am curious)
25. Your greatest fear:
26. What gives you the most comfort and satisfaction?
Well that’s about it. Its not an offshoot of Abunda’s fastbreak questions but this survey can be used as a party game. don’t you think?
Welcome the Year of the Fire Dog! To those whose year didn’t go so well in the Year of the Snake, the new year comes as a welcome relief. The chinese new year officially starts january 29 appropriately coinciding with the New moon. A new moon signals new beginnings, an end to one cycle and a chance to renew.
In the chinese calendar, I was born in the Year of the Boar which comes after the year of the dog. so this year 2006 seems like a preparation my coming year when supposedly all my dreams and aspirations will come to fruition, when all my hard work will start paying off. Isn’t that exciting?
I personally look forward to the chinese new year…even if i’m not chinese. The year of the Fire Dog is suppose to rectify past mistakes and deliver justice to those who have experienced injustice. It is about sweet revenge! But more than just revenge, i think it is a time for me to finally find some closure to some personal issues which had been bothering me for the longest time and hampering my growth. so here’s a toast to the new year filled with love (new?), health, wealth and happiness.
In closing, let me leave you with a quote I came across:
Buddha says,” In the end, only three things matter - 1) how much we loved, 2) how gently we lived, 3) how gracefully we let go of things not meant for us.”
last night, we went to watch the fireworks competition at the esplanade by the mall of asia, roxas boulevard. pretty good i’d say and like a kid, i was full of glee. it was between usa and south africa last night. i think the usa’s was better as a whole but s. africa’s had a grander finale. it would have been much better with music though. music sets the tone.
anyway, with the new year just around the corner, i am tempted to make some new year’s resolution which i will try very hard to fulfill:
1. stop smoking or at least smoke less til i kick the habit. is that possible guys or is cold turkey the only way to do it. now that i’m sick and haven’t smoked for two days, it really feels good to the lungs and my throat. who knows this could be it.
2. don’t ever associate yourself with selfish, greedy, egotists, opportunists, users - - - in other words, bad people. well really with these people around, i look like a saint. this year, i met all sorts. some i’d like to forget, some i want to reform. some i’l just be wasting my time. but i really would have wanted to talk to this one particular person who i thought was better than he looked. what a disappointment! all i wanted was a genuine honest to goodness friendship. no strings attached. well, scared him off i think. the realtionship was abruptly terminated i guess through divine intervention. the Gods knew he was not good enough for me. forget about him. he’s not good enough for you. theright one will come when you least expect it.
3. lessen my emotional dependence on others and be self-reliant but not to the point of being cold and detached. i think the day that happens, i’d rather die. i’m a libran and librans are all about relationships.
so there that’s just part of it. i will continue tomorrow once i’ve organized my thoughts. in the meantime, let me have a drag and think about that —hole for a minute before completely flushing him out of my system. hahaha
let’s all start with a clean slate. here’s to a better year ahead.
after a stressful year, its time to sit back and take stock, prepare for the new year. geeesh, how time flies! it wasn’t too long ago when we welcomed the new year. now here we are ending it. life is really short. there are so many things left to do, many new places to discover and explore and experiences waiting to happen. i met a lot of people this year. some were interesting, some not even worth remembering. a couple of them stand out for different reasons and they probably don’t even know it.
well, it’s finally up although i still can’t figure how to upload my photos. i will do that shortly. for now, lemme rest. need some sustenance. i’m famished. been working on this blog. anyway, give me your comments how else i can improve it. later, guys.
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