8 Things

I have been tagged by my good friend mayette.

The Rules: “Each person links to the person who tagged them. Then each person posts the rules before their list. Then they list 8 things about themselves. At the end of the post, that person tags and links to 8 other people and then visits those people’s sites and comments and letting them know that they’ve been tagged, and to come read the post so they know what they have to do …”

So here are the 8 things, rather 8 twisted things about me.

1. I am a jolog. Yes, across-the- board jolog.

I was raised in the barrio in a third class municipality within a valley. I belong to a family of farmers so I spent practically most of my childhood in the farm. This explains my exotic dark tan. At a very young age I was exposed to hard work: I planted rice, sow corns and peanuts and tend our carabaos in the pasture. In retrospect I should have sued my parents for child labor.

When I came to manila for the first time for college, I cried copious tears (I was iskolar ng bayan). Not because I would miss my family but because my mother turned my baggage into a talipapa: I brought with me talong, kalabasa, sitaw, tinapa, a sack of rice and a manok in a bayong as a pasalubong for my aunt who offered free board and lodging. UP is a few kilometer away from my aunt's home so that I have to take three rides. It took me months to eventually learn to commute on my own. For some reason, I always could not find my way back home. One time I took a bus plying a different route and I ended up in Novaliches. My cousin had to pick me up in the middle of the night. Countless times, I have fallen prey to salisi gang, zesto gang, and boodoo-boodoo gang, pahingi-ng-pamasahe gang.

And I have a terrible fashion sense. Probably because I am used to hand-me-downs.

2. I once raised to life and dead sisiw (chick) by blowing air into it anus.

I confirmed my gift when I revived our dying new-born puppy by doing the same. When our turkey was ran over by a jeepney, I tried to revive it but did not respond. Perhaps my power is reserved only to the cute dead.

3. As a child, I was exposed to Komiks and German Moreno Spectacular Culture.

Did I say I had a damaged childhood? Our neighbor then had a steady supply of komiks and gossip magazines from his son who worked in a publishing company in Manila. No, not Marvel or the DC comics but those by Mars Ravelo, Carlo J Caparas and Nerissa Cabral. Even at a very young age I had developed a keen interest in reading. There was dearth of reading materials at home and I read all the milk, carton labels and newspaper used as pambalot ng tinapa, so I devoured it. I have followed with ardor Zuma, Captain Barbell, Darna, Agua Bendita Tuklaw and Mga Kuwento Ni Lola Basyang.

This was the era of black and white TV; the one with built-in cabinet. I remember there was only one TV in our entire neighborhood, so the whole barangay came to watch. We were not allowed to watch except on weekend so I was hypnotized by German Moreno’s colorful! spectacular! smorgasbord! production numbers in GMA Supershow and That’s Entertainment (yes, with kuya Germs everything should end in exclamation points).Yes, I still remember Michael Locsin, Ronnel Victor, Ana Margarita, Marilyn Villamayor.

4. I stole Gabriel Garcia-Marquez.

I learned about Gabriel Garcia Marquez and his magic realism during my first year in college. I searched for his One Hundred Years in Solitude in book sales. When I saw one, I stole it. Really. I was then intoxicated by the philosophy of Marx and I thought I deserved to read and own it even without paying it. Inspired by the success, I tried to do the same with Umberto Echo’s The Name of the Rose but I was almost caught when I tried to tuck the book under my waist.

5. I seriously thought of committing suicide.

Really. I was 18 then deeply troubled and confused teenager. My existential angst phase. Very in to my own alternative view of life, or as the French call it Weltanschauung. I thought there was no point in living. I thought it was romantic. Ok, please stop laughing now.

I was then intoxicated by the philosophy of Schopenhauer, Sartre, Nietzsche, and Camus. I devoured Russian existentialist books by Dostoevsky and Ivan Turgenev. From an extremely religious family who could recite the Litany flawlessly, I became an atheist, then became a humanist, then became a religious fundamentalist, became atheist again and then a believer eventually.

Add here the rebellious spirit of Grunge music by Nirvana and Pearl Jam. When Kurt Cobain scribbled “I don’t have the passion to live any more” and shot his head point blank, I said: “I thought of that first. That’s not original”

6. I read poetry aloud when I defecate.

I have hard-bound compilation of poems by TS Eliot, John Keats, Alfred Lord Tennyson and Milton. The pages were already yellowing and had been moist from constant leafing… while in the john. I call it inidoro poetry reading. I've been re-reading them countless times already

7. I have an irrational fear of numbers.

Make me add more than two digits numbers and I would tremble and pass out. I failed my Math I (basic!) in college. I got a 3 when I took it the second time only because I wrote a gripping and moving letter in my test booklet begging my teacher to pass me or I would lose my scholarship. He fell for it.

8. I regard my self as generally nice person.

Although I may not exude a pleasant personality, I am a nice person. People who do not know me would always think that I am obnoxious and snobbish. Probably because I have pouty upper lip. I wish it looked like the model-silicon-enhanced-look but mine is placed in such a way that I have a perpetual frown.

No, I am not in Friendster. I have few friends and I am perfectly happy with that. I don’t measure my happiness with the number of friends I could make. Although I was told there is an existing account under my name. That is not me. That’s an impostor.

So there.

____

Now, the problem. I have checked my friends in the blogosphere and found that they have been tagged. I have few friends in friendster, does that count?

I have a New Baby

I am a new father to a baby Golden Retriever. My bro gave it to me, short of saying, its time to make your self responsible for some one. Grow up. I assumed it was an advanced birthday gift.

I baptized him Wallace, my favorite Scottish name which is apt because I gathered that Golden Retrievers are of Scottish origin. The pup is three-months old. It has been with me for three days now.

I was ecstatic. I bought him food, leash and chew toys. Taking care of him is an utter bliss. He is very active and playful dog that I could not compete with his energy. He has soft and fluffy fur that I love to cuddle. When he barked loud for the first time, I was his proud daddy. He makes my day. I am looking forward to go home each day.

I imagine my self as Hugh Grant in the movie About a Boy, thinking that adopting a child would make him attractive and responsible at the same time to the opposite sex

This morning I came face to face with what the law regards as bonos pater familias. When I woke up I found my poor baby in the corner panting, sick, weak, and helpless. His vomit scattered around our living room. I panicked. I gave him milk and pellets but he just smelled it and then he threw up again. He continued to throw up and had loose bowels. I did no know what to do.

I have two pets in the province, a pusakal which I call Bin Laden and an askal which I call Dostoyevsky. I did not really take care of them because I believe that they can survive on their own. When they get sick I just give them sugar and they would be well in minutes.

How could you stand a cute thing suffer? I ran to the veterinarian to get him treated. The doctor said the new environment probably stressed him. He might have eaten something I did not notice. He also found parasite in his poop. I could only cringe when the doctor gave him four shots: antibiotic, liver tonic, vitamins and anti-emetic. I coughed up more than thousand bucks.

Now I am home nursing my baby. I just gave him an oral shot of anti diarrhea. I will feed him tonight at ten o’clock.

Besmirched Reputation, Social Humiliation, Moral Shock…

Review with me.

I am currently reading Civil Law on Torts and Damages. Here’s a novel and interesting case law… with my scholarly commentary.

Let’s peruse the facts:

The Spouses Madrigal are frequent flyers of Cathay Airways and are Gold Card members of its Marco Polo Club. On 24 September 1996, the spouses, together with their maid and two friends, went to Hongkong for pleasure and business.

As part of its marketing strategy, Cathay accords its frequent flyers membership in its Marco Polo Club. The members enjoy several privileges, such as priority for upgrading of booking without any extra charge whenever an opportunity arises. Thus, a frequent flyer booked in the Business Class has priority for upgrading to First Class if the Business Class Section is fully booked.

During the boarding time, the Madrigals were informed that their accommodations were upgraded to First Class. They refused the upgrade, reasoning that it would not look nice for them as hosts to travel in First Class and their guests, in the Business Class; and moreover, they were going to discuss business matters during the flight.

Taken aback by the refusal for upgrading, the stewardess consulted her supervisor, who told her to handle the situation and convince them to accept the upgrading. The stewardess then informed the latter that the Business Class was fully booked, and that since they were Marco Polo Club members they had the priority to be upgraded to the First Class. The Madrigals continued to refuse, so the stewardess told them that if they would not avail themselves of the privilege, they would not be allowed to take the flight. Eventually, the Madrigals gave in, then proceeded to the First Class Cabin.

Upon their return to Manila, the Madrigals in a letter addressed to Cathay's Country Manager, demanded that they be indemnified in the amount of P1million for the "humiliation and embarrassment" caused by its employees. They also demanded "a written apology from the management of Cathay within fifteen days from receipt of the letter.

There was no apology given. Hence, this complaint of breach of contract praying for moral damages in amount of 1 million pesos.

Can you beat that? I could only imagine the arguments that ensued: I will sue you for giving us first rate service in your first class cabin! For giving us the finest wine and food in silver platters, spoons and goblets! For letting us sit your most comfortable seat and walk in soft carpeted floor! And as if that is not enough, you gave us the most attractive and most efficient stewardess! You have caused us terrible embarrassment and humiliation.

For the Madrigals delikadeza is well prized virtue.

Let us empathize, let us try put ourselves in their Manolo Blahnik shoes even for one fleeting vicarious moment and experience all their privileges: “Ano nalang ang sasabihin ng aming amigas na kasama namin sa business class?! At tinasaan mo pa ako ng boses? Kilala mo ba kung sino kami? Idedemamda ko kayo ng breach of contract with moral damages (translate this in Spanish)

Under the law Moral damages predicated upon a breach of contract of carriage may only be recoverable in instances where the carrier is guilty of fraud or bad faith or where the mishap resulted in the death of a passenger.

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury.

The seeming ejaculation of series of synonyms concerning moral damages is actually provided by the law. I did not just pick that up from the thesaurus. I have been trying to memorize this definition.

Hence the issue: Is an involuntary upgrading of an airline passenger's accommodation from one class to a more superior class at no extra cost a breach of contract of carriage that would entitle the passenger to an award of damages?

If you’re one of the Madrigals, the answer would be a resounding yes. Well, at least according to the trial court which awarded them 20 million damages.

To remind the judge of the lower court, (probably assuming that the judge is senile who might have forgotten that their family own all the mining and logging concessions in the country or one who never reads society pages), they averred in their complaint that they "belong to the uppermost and absolutely top elite of both Philippine Society and the Philippine financial community, [and that] they were among the wealthiest persons in the Philippine[s]."

It’s one of those scenes in soap opera where upon mention of your name, the groveling masa would throw themselves into your feet and worship you. I could imagine that the trial court literally vibrated with their powerful and imposing presence. Consider: They arrived in their BMW’s Mercedes, or Porsche or Jaguars clad in their Armani suits and Louis Vittons with a delegation or housemaids and bodyguards gleaming in white uniforms. Add the clicking cameras of photographers of lifestyle magazines.

True enough, the lower court- in Supreme Court words- as if it went on a rampage, with unbelievable alacrity, awarded them a whopping 20 million as damages.

In their complaint, the Madrigals asked for P1 million as moral damages but the lower court awarded P4 million; they asked for P500,000.00 as exemplary damages but the lower court cavalierly awarded a P10 million; they asked for P250,000.00 as attorney's fees but were awarded P2 million; they did not ask for nominal damages but were awarded P200,000.00.

Upon reading this, I nearly went rampage as well spewed "punyeta! Labatiba! and que barbaridad! Porque? habla espanol un poquo!" But I sounded like a possessed aliping sagigilir.

When the action reached the Supreme Court, it ruled:

“The breach of contract of carriage, which consisted in the involuntary upgrading of the spouses Madrigal' seat accommodation, was not attended by fraud or bad faith. The most that can be adjudged in favor of the Madrigals for Cathay's breach of contract is an award for nominal damages under Article 2221 of the Civil Code.

Nonetheless, considering that the breach was intended to give more benefit and advantage to the Madrigals by upgrading their Business Class accommodation to First Class because of their valued status as Marco Polo members, we reduce the award for nominal damages to P5,000.

The court ended by saying: “Passengers must not prey on international airlines for damage awards, like "trophies in a safari." After all neither the social standing nor prestige of the passenger should determine the extent to which he would suffer because of a wrong done, since the dignity affronted in the individual is a quality inherent in him and not conferred by these social indicators.”

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