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Sunday, February 12, 2017

Why do you think your previous partner cheated on you?

As I mentioned in my previous discussion, I had an ex-boyfriend years ago who was a perennial cheater. He cheated on me because he knows that I'm so desperate, that he's confident I'll accept him back no matter how many times he'll fool around, and that I was stupid & coward enough to break up with him. That was the old, stupid me. I've changed. Now, I know better.

How about you? Why did he/she cheat on you?
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Thursday, January 26, 2017

Exemption from payment of legal fees is only granted to indigent litigants

The clear intent and precise language of the aforequoted provisions of the Rules of Court indicate that only a natural party litigant may be regarded as an indigent litigant. The Good Shepherd Foundation, Inc., being a corporation invested by the State with a juridical personality separate and distinct from that of its members, is a juridical person. Among others, it has the power to acquire and possess property of all kinds as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization. As a juridical person, therefore, it cannot be accorded the exemption from legal and filing fees granted to indigent litigants.

That the Good Shepherd Foundation, Inc. is working for indigent and underprivileged people is of no moment. Clearly, the Constitution has explicitly premised the free access clause on a person’s poverty, a condition that only a natural person can suffer.

There are other reasons that warrant the rejection of the request for exemption in favor of a juridical person. For one, extending the exemption to a juridical person on the ground that it works for indigent and underprivileged people may be prone to abuse (even with the imposition of rigid documentation requirements), particularly by corporations and entities bent on circumventing the rule on payment of the fees. Also, the scrutiny of compliance with the documentation requirements may prove too time-consuming and wasteful for the courts.

In view of the foregoing, the Good Shepherd Foundation, Inc. cannot be extended the exemption from legal and filing fees despite its working for indigent and underprivileged people. (In re: Query of Mr. Roger C. Prioreschi Re Exemption from Legal and Filing Fees of the Good Shepherd Foundation, Inc., A. M. No. 09-6-9-SC, August 19, 2009)
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Saturday, January 21, 2017

How to save money from one's salary


I make it a point that I deposit money first on my savings account. The money left is what I budget for my monthly expenses.

I don't buy cosmetics because I don't wear make-up. No accessories. Just one bag and two pairs of shoes (in case of rainy days).

I don't buy too many clothes. I buy clothes at thrifty shops. Few pairs are enough.

I buy food at canteens. I don't eat at fast food chains or expensive restaurants.

No Starbucks or any expensive coffee. I don't smoke, drink or do drugs.

I maintain just one local phone. No gadgets and other phones.

I don't take the cab or SUV express or FX. I take the jeepney going to work and when going home.

I don't go for hair treatments. A simple trim worth less than a dollar will suffice. I go for a haircut every after 6 months. No facial treatments, foot massage, pedicure, manicure, or body massage.

I don't maintain a credit card. I don't own a car either.

I rent a room in a ladies' dormitory, which is one jeepney ride from my place of work. My water and electric utility bills are included in my monthly rent. Some live in condominiums or apartments.

I don't go for vacation. Never attempted to plan or join vacations with colleagues. I don't go out with them either.

I don't visit the mall even for purposes of window shopping. I don't splurge money during payday, mall and clearance sales. I don't bring with me my debit card when going to work. Just enough allotment for food and fare.

Whenever I receive my 13th month pay or bonus, I immediately deposit it into my bank account.

I handwash my own clothes. Some let them be washed and ironed by laundry shops.

I don't render overtime. I don't want to get sick. Absences will mean salary deduction.
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Monday, January 09, 2017

A relationship in progress

They met on a dating site. He's 36 and she's 33. He was a paying member whereas she has just a standard one. She initiated the messaging. She digs chubby guys with chubby cheeks. It was her lucky day.

He finds her cute, smart & dork. He likes the fact that she's a career woman. Though she tries to be the domesticated type doing all the chores at her parents' place during the holiday season to the point of collecting all kinds of burns and burnt dishes because of cooking (the chore she HATES most), he prefers her bossy, dominant, independent and no-nonsense self.

Little did she know that they were on the same field of profession (legal), though he left the legal practice years ago to become a General Manager of Hotel in Montana. He realized he prefers the hospital than the legal industry.

Before they started talking, he met two Filipina women on that site. Filipina No.1 was pretending to be single, though married to a European guy. When he found out that she's married, they stopped communicating. Filipina No. 2 is 16 years younger than him (he's not into “young” ladies) who prefers black guys (words of Filipina No. 2) who have six-figure salaries, luxurious houses and cars. Filipina No. 2 made him run away. Then, came Filipina No. 3. Single, never been married, no kids, haven't tried smoking, drinking nor taking drugs, no tattoos, frugal, not a party animal. Just like him, she was financially independent and secure. After few days of talking, he deactivated his platinum membership on that site. She asked why? He said, “I already found YOU.” True enough, he never went back to the site because she checks his account from time to time.

They chat on skype on a daily basis and skype video chat once a week. After months of talking, he finally asked her for a date during one of their skype video chats. The guy already booked tickets and will be visiting the Philippines in 2017. She was so happy. It was her first time to be asked for a date (though virtually). No one attempted to ask her even her previous relationships. She liked the fact that he still asked him. She said “yes.”

Sometimes, she gets jealous of Filipina No. 2 because the latter can dance, sing, and looks like she's fun to be with. She told him about what she feels. He assured her that there's no reason to be jealous. He said, “She is a gold digger who is looking for a rich guy on the site. In fact, she's pushing me to get back to legal practice again. She prefers me in the legal practice than in the hospital industry”

Though he wants a lady who is fun to be with, he's pretty sure that, that funny side of her is yet to be unleashed once they are together. He'll wait. He's writing a book. It's a sci-fi. He used her name for one of the characters, who has a personality similar to hers. Again, that made her happy. At times, they chat on google doc while he writes his book.
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Wednesday, December 28, 2016

Burden of Proof vs. Burden of Evidence

Burden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. The burden of proof rests upon a party asserting the affirmative of an issue. Thus, plaintiff who alleges defendant's negligence has the burden of proof. This is often with the plaintiff but it need not necessarily be so. The defendant in a suit for enforcement of written contract who raises the defense of forgery has the burden of proving forgery. The key query is who is the party asserting the affirmative of an issue.

Burden of evidence on the other hand, is the duty of a party to go forward with the evidence and which duty if fulfilled by the party shifts the burden of evidence to the adverse party. Burden of evidence may shift from party to party depending upon the developments in the case. Initially, the party having the burden of proof also has the burden of evidence.

Burden of proof never shifts but burden of evidence may shift from one party to another.

Thus, in a torts case, if the plaintiff has presented evidence on defendant's negligence sufficient to establish his claim, the burden of evidence to disprove the plaintiff's claim that defendant is negligent shifts to the defendant. If the defendant presents sufficient countervailing evidence then the burden of evidence shifts back to the plaintiff again. Take note however that the burden of proof on the issue of negligence is always with the plaintiff.
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Thursday, December 22, 2016

Half of my Easter Sunday

For the whole morning, I stayed home. I was left to guard the house with the dogs. My parents & siblings went out. They had their respective plans.

Afternoon came, they arrived. I worked on some remote tasks and did my laundry. What a boring Easter Sunday. I'm used to it.

Was your Easter Sunday as boring as mine?
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Thursday, December 01, 2016

Do you answer texts/calls from persons not in your contact list?

My friend and I were talking a while ago. She asked me if I reply to texts of persons not in my contact list. I said, “No.” Only my parents & siblings know my digits. It's my rule not to give my number unless I give my consent. I don't want to be disturbed by a text or call.

Whenever I receive a text, I don't bother to read it, as long as it's not in my contact list. I immediately delete it. Same is true with calls not coming from my family. I don't answer them and delete them from missed calls.

Do you answer texts/calls from persons not in your contact list?
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Sunday, November 20, 2016

If your place is on fire, what is one thing you'll grab before getting out of your place?

I live alone, renting a room at a ladies' dormitory. My room is beside the fire exit. If the whole dorm is on fire, the only thing that I'll grab is my bag.

Why?

1.) It has my laptop and flash drive which contains my important work files. They are my source of income.
2.) It has my card holder inside with my debit cards and government identification cards in it. I need them for my transactions and for me to survive (money).

But, if I'm at my parents' place, I have to make sure my parents and siblings are saved. I will not grab a single thing.

How about you? What is one thing you'll grab if your place is on fire?
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Wednesday, November 09, 2016

Happy House Hunting!

My friend abroad is moving out of his mom's house. He showed me the other day photos of the prospective house because he wanted to get my input. I told him that the place looks great and at the same time expensive. I advised him to check the terms of payments, legal documents of the house, its accessibility to public places and public transportation, and safety of the neighborhood.

Here in my country, aside from the factors I mentioned above, people ask current homeowners or landlords if the place has a strong water and if it is prone to flood.

How about in your country? What are some of the things you consider before renting or buying a real estate property?
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Monday, October 10, 2016

Why do spouses still stay together when they don't love & trust each other anymore?

Facts: A (Husband) and B (Wife) have been married for more than 30 years now. For decades, they've been living under one house, but separate rooms and separate floors.Why? They can't stand each other's attitude. There's no third party involved on both sides.

All four children are already adults, the youngest is 22 and the eldest is 33. Each spouse is financially capable to survive on his/her own without the other's support because that has been their internal arrangement (no documents) since then.

Issue: Why do spouses still stay together when they don't trust & love each other anymore? (applying the instant facts)
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Monday, October 03, 2016

I'd say online acquaintances

So it all started with my responses to previous discussions. Yes, I said, I'm not here for money. Likewise, I mentioned that I'm not here to gain friends. I'm here to improve my writing skills through interaction.

We do have classmates for decades, and even siblings who know our secrets and all, yet, they are not even our friends. Every now and then a client approaches me and relays his/her problems and I give advice in return but I don't consider that relationship as friendship. We encounter people who share their lives, yet, there is no friendship bond between the speaker and the listener. We interact with our colleagues at work, classmates in school, yet, it does not follow that they are our friends. We see and hear people who call or write to relationship gurus asking for advice but that does not mean they are friends.

Having mentioned those premises, I don't equate online interaction with friendship because the latter is a relationship that has deeper meaning for me, something that can't be developed in a month's time given the virtual set-up. (This is just my opinion)

Next issue.

Does that mean I don't give genuine responses since I don't consider the interaction as friendship? NO. What you see is what you get. Often, you won't like my responses. I don't care if I would be the only myLotter with a different response but you can expect it to be a genuine reply.

Now, for people who treat me as their friend. Thank you. I don't treat you as enemies. Online acquaintances, that is.

If this post of mine will lead to people blocking me or not interacting with me, I don't mind because I'm not after the earnings. Will I hate you, NO. Will I block you? NO. I don't block people.

Be it a follower or not, I will respond to your discussions as long as I have something to say. In fact, I even respond to discussions of people whom I reported for plagiarism. Do I expect you to respond to my discussions? NO. I won't take that against you. I interact with almost every mylotter without expecting anything in return. I know some people are here for the bonus and the best help I could give is to stay active and respond to their discussions. This is how I interact with online acquaintances.

Pardon the lengthy post.

I rest my case.
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