Affinity

*snippet only | Image by Teltel Tagudando. NaCl Ionic Bonding



Chorus:

I cry and pray, dare not be easy
I lie to me, get over you so easy
Twenty fourth glance, through the mirror of your car
You’re sorry, then there’s a chance
All I got were scars of hopes like stars
Dying all as untrue
Are you just kind, arent’t you?
Rather not keep us untrue

Life in Circles and Squares

It is known that with knowledge comes wisdom. This probably supports the idea that education and experiences, whether formal or not, indeed serve as significant tools in shaping wise, insightful, and rational generations of women and men. But isn’t it also true that wisdom gave birth to knowledge? Without the wisdom of free-thinkers, philosophers, and the amalgamation of human experiences in the pursuit of truth, various schools of thought would never have come into existence.

I would like to say that knowledge and wisdom are akin to the universe, as one school of thought suggests: constantly expanding. And both are comparable to circles and squares. If I were to start with a dot to represent either, I would find myself in a continuous loop; except that the former has corners—moments akin to when I must pause to ensure coherence and whether the ‘idea’ makes sense or not. They are finite, akin to the universe yet again. As a human being, my knowledge and wisdom—passed down through generations and unfolding throughout my lifetime—can only traverse so far. Lamentably, the human mind has its limits in the pursuit of truth. Nevertheless, I will continue to search for my truth, much like Nietzsche, while simultaneously accepting it as it is, as Camus said.

Back in 2015, I was a college sophomore studying Biochemistry at the University of Santo Tomas, a Catholic university in Manila, Philippines, when I learned about the two fountains named the Fountain of Wisdom and the Fountain of Knowledge on campus. I was fortunate to have a friend in my block who enjoyed strolling around the campus, giving us time to engage in wide-ranging discussions until around 9:45 in the evening, just before the campus lights turned off. One of our topics was the two fountains flanking the Arch of the Centuries. Later, I discovered that these were the Fountain of Wisdom on the right and the Fountain of Knowledge on the left when facing the España Boulevard. These fountains, alongside the arch, form part of the Plaza Intramuros in UST’s original campus. Each fountain has a woman holding either a circle or a square. My friend and I amusingly guessed that perhaps the circle symbolized wisdom—it being a continuous loop with no limitations—while the square represented knowledge, its corners symbolizing rational constraints.

To this day, I remain unsure which of the fountains represents Knowledge or Wisdom. Yet, this idea instilled in me a deeper appreciation for wisdom and knowledge in life. Like these two shapes, the two are a continuous and infinite set of points.

There’s no halting at present; my existence lies within a circle and square. All I need to do is create another set of points of either shape, whether it encapsulates or is encapsulated by the present.

Life, indeed, embodies a lifetime of patterns—circles and squares—often enclosing the other and vice versa.

Conflict of Laws (Private International Law) Case Digests/ Summaries

PERSONAL LAW

In Aznar v. Christensen-Garcia, Edward E. Christensen left a part of his property in the Philippines to his acknowledged daughter, Maria Helen Christensen, in his will. Although he was a citizen of the US and California, he was living in the Philippines when he died. Lucy, his other child, claimed that according to California Law, acknowledged children cannot inherit. However, Helen argued that since there is no American law on the disposition of property located in the domicile of the deceased, the State of California Law should apply. She referred to Article 946 of the Civil Code of California, which states that personal property follows the law of the owner’s domicile. Furthermore, the validity of the testamentary provision should be referred back to the law of the decedent’s domicile, which is the Philippines, according to the doctrine of the renvoi.

As to whether or not the Doctrine of Renvoi applies, the Supreme Court held that it applies in this case. This doctrine is used when there is a conflict of law and a court needs to consider the law of another state, which is also known as private international law rules. This can happen when dealing with foreign issues that arise in succession planning and estate administration.

Under Article 16 par. 2 of the Civil Code, the national law of the deceased regulates intestate and testamentary successions with regard to the order of succession and amount of successional right. However, the California Probate Code allows a testator to dispose of their property in the manner they choose. Additionally, Art. 946 of the Civil Code of California states that if there is no law to the contrary, the law of the domicile of the deceased person will govern the personal property located in that place.

These provisions are situations where the Doctrine of Renvoi can be applied. It means that the question of the validity of the testamentary provision will be referred back to the decedent’s domicile – the Philippines. The conflicts of law rule in California Law Probate and Art. 946 authorize the return of the question of law to the testator’s domicile. If the court doesn’t apply its own rule in the Philippines, as directed in the conflicts of law rule in California, the case will not be resolved.

The Supreme Court concluded that the domicile of the deceased, Christensen, who was a citizen of California, is the Philippines. Thus, the validity of the provisions in his will, which deprived his acknowledged natural child, the appellant, should be governed by Philippine law, pursuant to Art. 946 of the Civil Code of California, and not by the internal law of California.

In Llorente v. CA, Lorenzo N. Llorente married Paula Llorente, but they later divorced due to her infidelity. After the divorce, Lorenzo became a naturalized American citizen and married his second wife Alice, with whom he had three children. Lorenzo made a will in the Philippines, leaving his property there to his second wife and three children. When Lorenzo died, Paula claimed that she was still his spouse and that the divorce was not valid in the Philippines. The Supreme Court ruled that the divorce was valid in the Philippines because the policy against absolute divorces only applies to Philippine nationals, as stated in Article 15 of the Civil Code. Foreign nationals may obtain divorces in their own countries as long as it is recognized as valid according to their national law. As Lorenzo was no longer a Filipino citizen when he obtained the divorce, the ruling in Van Dorn case applied, and Paula lost her right to inherit from him. Therefore, the divorce obtained by Lorenzo from Paula was recognized in the Philippines as a matter of comity.

MARRIAGE AND FAMILY RELATIONS

In Adong v. Chong Seng Gee, Cheong Boo, a Chinese national, died in Zamboanga, Philippines in 1919 without leaving a will, leaving behind a property worth almost P100,000. The estate was claimed by two parties, Cheong Seng Gee, who claimed to be the legitimate child of Cheong Boo and Tan Dit, and Mora Adong, who claimed to have been lawfully married to Cheong Boo in 1896 in Basilan, Philippines, and had two daughters, Payang and Rosalia. The court ruled that Cheong Seng Gee should share in the estate as a natural child, but the marriage between Mora Adong and Cheong Boo could not be recognized under Philippine law. Therefore, the daughters, Payang and Rosalia, would inherit as natural children, and the estate would be partitioned among the three natural children.

The court also ruled that the alleged Chinese marriage was not sufficiently proven and could not be recognized in the Philippines. However, the Mohammedan marriage between Mora Adong and Cheong Boo, performed according to the Moro customs and religion, was valid and recognized under Philippine law. The court found that the public policy leaned towards legalizing matrimony, and the legislative power had the right to remove impediments to effectual marriage. Section IX of the Marriage Law served as a curative provision intended to safeguard society by legalizing prior marriages.

The court regarded the evidence as producing a moral conviction of the existence of the Mohammedan marriage and validated it according to section IX of the Marriage Law. Denying the validity of such marriages would have far-reaching disastrous consequences and go against the settled governmental policy.

Categories Law

Of Crystals and Spirituals

Letting go is such a brave thing to do, and though I wanted to, I just couldn’t. I can’t keep shooting in the dark. Hence, I hold on to something that could at least give me a little certainty. Only then, will, I let go.

I was so grateful to have spent time with Madee two Saturdays ago. We painted, sipped wine, and talked for hours about the constant anxiety and societal pressure to figure things out early or keep ourselves busy. We then talked about our personal lives, and I mentioned my recent fascination with tarot cards (which she reads and is quite good at) and past life regression. However, she discouraged me from trying the latter.

I do feel pressured but don’t get me wrong, I’m happy with what I have. In fact, I’m very grateful. I’m happy to be in law school because it will help me become the person I want to be. I’m happy to be in DOH because I get to work on one of my life’s advocacies: public health. I’m happy to have short moments with my loved ones and time for leisure such as this. What more could I ask for? All I need is to survive and enjoy life.

But that’s the thing, how do I survive and enjoy it when I can’t just live simply? I’m expected, as we all are, to do well and work under the guidance and direction of multiple voices telling me to do this and that. Nonetheless, I am an independent thinker. Though people tell me a lot of things, I still end up doing what I want and what I think is right.

But then again, I still get crippled by fear sometimes because of those expectations. What if I don’t make it? What if I don’t meet my goals? And though when asked who expects me to be and do it, I don’t know. Maybe it’s because even though people say no one’s forcing or pressuring anyone, the subtle expression of prejudice after a failure, detour, or change in course is apparent. Maybe it’s through gazes, auras, energy, or microaggressions from people, or sudden changes in their treatment towards me—or maybe it’s just the cynicism in me.

As such, over time, I have become a more calculating person, always considering the chances and probability of things. I developed a constant urge to have control over my life and even control over people around me while resisting being controlled. I guess you can say I’m a control freak. However, the more control I exert over something, the more devastating its impact on me when things don’t turn out the way I had envisioned. That’s how I got into fortune-telling, tarot readings, horoscopes, and even past-life regression.

While I was raised in a Born-Again Christian family, aside from prayers and church services, I found solace in the company of the spiritual world in general. At some point, the broadness of tarot readings and predictions validated my wishful thinking and alleviated my collective anxiety and depression. Although sometimes, I resort to something more unusual and, as my friends describe it, dangerous—past life regression.

And honestly, if someone were to ask me, I’m actually not a believer of the spiritual aspect but I’d more want to believe that there’s just an energy that emanates through it. I think I believe in that aspect where there is a literal and unfathomable occurrence of the transfer of electrons that science has not yet discovered—maybe.

One thing that I am sure of is that if people ever asked me to stop because I don’t even believe in fortune-tellers, crystals, tarots, and the like, I’d tell that at least they remind me that in this unsureness, there is a probability, even a little probability, that good things that I at least expect may happen, may still happen. Like when Madee gave me a selenite crystal, and two bracelets – chatoyant and onyx – which, in a sense, assured me that from this day on, I’d be more at peace, comforted, and healed. It somehow made me loosen my grip a bit and let my life breathe a little, as the tarot reading says “Hey Telly! Tomorrow’s going to be a good day, only if you control your temper,” to remind me right?

At some point, it gave me the courage to let go of the stubborn yearning to control everything. Letting go is such a brave thing to do, and though I wanted to, I just couldn’t. I can’t keep shooting in the dark. Hence, I hold on to something that could at least give me a little certainty. Only then, will, I let go. It gave me the courage to let go and just trust my connections, my circumstances, and my luck – because I have the crystal and the spirituals say so – while I myself make things happen through my actions, decisions, and even disposition.

After Beauty and Terror

It has been more than a year since I last wrote about something personal. Perhaps, life got busy with law school, work, and relationships. Now, I find myself reflecting on the duality of life: the moments of beauty and terror.

I never thought that there could be something more heartbreaking, and there would be also more beautiful, than in 2021. Looking back at last year, it was overwhelming and boring, exciting and frightening all at once.

That year, I lost my sister. She had simply been there for over two decades of my life, living each day like most of us. Suddenly, she was gone, and now, I will never have the chance to talk to her again. It was a painful and weird experience. Some days, my emotions would overflow, while on others, reality would slap me, and I would have no choice but to accept it and stare at her empty room of darkness and silence. It is strange, this inexplicable hurt that lingers, leaving no tears, only discomfort in my throat and chest. I cannot even acknowledge the pain, only emptiness.

But in 2022, I also made friends and connections. I learned to commute around Manila without using a car, manage my time better, survive every semester while working, and become more assertive. I also got to travel and maybe, grew as a person. I learned to appreciate and cherish the time with my loved ones more. There was terror, but then there was a beauty.

Perhaps, that is just how it is–2022. There were days when I felt hopeless and other days when I felt grateful. Once again, beauty and terror.

Having already surpassed two months of 2023, probably, it is time for me to learn what comes after Rilke’s words, “Beauty and Terror”. I must slowly teach myself to keep going, for no feeling is final.

Cool Girl

I bit my tongue,
I thought: zen. 
I stepped on a gum,
I thought: zen.
I spilled my drink on my white 
cashmere cardigan,
I thought: zen.
I think about it 
every now and then: zen.

He wouldn’t tolerate  my brows furrow.
My lips, I should seal it,
so no air—or perhaps fire—could escape from it.
My eyes should shape like those negative parabolas;
and my lips, must disguise as the bottom half 
of the circle I drew in first grade.
Where once the so-called set of all points 
is complete, there hovers in circle the male gaze.

Applause and adoration.
I always should fit the mold of that gaze.
My roots and my seeds, are unwelcome.
And when my petals hold something from 
the pollination of bees that sprawled over
—with tolerance—
I shall walk on the carpet of warmth.

He progresses with society, 
an opposition of traditional feudalism, 
of traditional patriarchy.
While the pollinated, they speak with wisdom
—loud, proud, pretentious albeit.
Perhaps, that is how they, the latter, fit the mold,
whilst, I, a gentle but with spikes:
When a fly from a turd comes close, I 
will pierce a hole in it. 

I am meek, but my meekness drifts over 
to discover and perceive.
I am delicate because I effortlessly share
with the soul of another.
I am effusive to disambiguate.

None of such fits his gaze.
That when the he makes the wrong turn,
I shall ignore.
And when he lacks,
I shall accept. 
And when he clinches the end of the rope,
I shall glorify. 

Tolerance and stature that tag him along.
Petals that complement his flamboyance. 
Leaves that ostentatiously form his vigor.
He is not an opposition nor a progressive;
a chauvinist of the contemporary
guising in the crossfire of stillness—
in a play of precautions.

Now that circles are laid all over, 
and I am, but with corners.
Mind me not, so wont I.
This is my zen.