The Dark Side of Muhree

Please click the link:

http://www.4shared.com/file/21698303/301ac8dc/COMPILATION_OF_PO_DIGESTS_Chapters_3_and_4.html

I’m flying back to the Philippines tomorrow, and I’m not looking forward to it anymore. Not like the first day I got here in California.  My primary reason for coming here’s to spend some time with my twin, but unfortunately, we never really got that much of an opportunity.  We spent two hours (which felt like only 2 minutes) together… It was really disappointing (I shouldn’t have went with my parents on that tour);  I was really upset that I wanted to just go back to the Philippines and forget that I ever came here.  But then again, I realized that it was better than not seeing him at all. 

When I got here in San Francisco, being 6 hours away from each other, it felt like he’s near yet so far…  The only thing that mades me feel close to him was the thought that we’re both n the same state… It made me feel better.  Half of my stay here was spent on shopping and phone conversations with him; the other half’s divided into: sleeping, eating, warm showers, watching t.v., washing the dishes, laundry, magic sing, going out with my cousins, and internet (slightly in that order). 

When I get back to the Philippines, I’d be more than 7,000 miles away from him.  There’ll be a big time difference, and calls would be really expensive.  Now, I don’t want to go back home anymore.  I don’t care about getting cold sores, allergies, and losing my voice; and not that I want to live here, I just want to be as close as possible to the person who means so much to me.

I want to post something new on my blog… Something that might be of help… but PLEASE DON’T COPY THE WHOLE THING.  I’m not even sure if my digest is correct… and all of us don’t want to end up having the same digest (for this particular OBLICON case) on our log books, do we?  *wink*

JOVAN LAND, INC. vs CA
G.R. no. 125531
February 12, 1997

Facts:
    Joseph Sy, President and Chairman of the Board of Directors of Petitioner company Jovan Land, Inc. (a corporation engaged in the real estate business) made an offer to buy the Mayhaligue property owned by Eugenio Quesada.  The first and second offer (P 10.25M and P 10.5M plus earnest money) was rejected by Conrado Quesada (General manager of Eugenio Quesada).  Joseph Sy sent a third written offer for P 12M plus the P 1M earnest money.  Annotated on this third "letter-offer" was the phrase "Received original, 9-4-89" beside which appears the signature of Conrado Quesada.
    Joseph Sy filed with the trial court a complaint for specific performance and collection of sum of money with damages.

Issue:
    Whether or not there exists a valid, perfected agreement to sell the Mayhaligue property.

Ruling:
    Trial Court: Dismissed petitioner’s complaint for lack of cause of action.
    C.A.: Affirmed trial court’s decision.
    S.C.: Petition denied.  Costs against petitioner.

Ratio Decidendi:

•   A contract undergoes various stages that include its negotiation or preparation, its perfection and, finally, its consummation.  Negotiations covers the period from the time the prospective contracting parties indicate interest in the contract to the time the contract is concluded.  The perfection of the contract takes place upon the consequences of the essential elements thereof.

• Before a contract of sale can be valid, the following elements must be present:

            a. Consent or meeting of the minds
            b. determinate subject matter
            c. price certain in money or its equivalent
          Until the contract of sale is perfected, it cannot, as an independent source of obligation, serve as a binding juridical relation between the parties.

•   A punctilious examination of the receipt reveals that the same can neither be regarded contract of sale nor a promise to sell.  Such an annotation by Conrado Quesada amounts to neither a written nor an implied acceptance of the offer of Joseph Sy.  It is merely a memorandum of the receipt by the former of the latter’s offer.  The requisites of a valid contract of sale are lacking in said receipt and therefore the "sale" is neither valid nor enforceable.

•   The alleged transaction is unenforceable as the requirements under the Statute of Frauds have not been complied with.  Under the said provisions, an agreement for the sale of real property or of an interest therein, to be enforceable, must be in writing and subscribed by the party charged or by an agent thereof.                                                                                       Digest © Christine Marie M. Arabaca

HAPPY VALENTINE’s DAY!!!

Home is where the heart is;
 
isn’t that what people say?

But there are times it’s not the truth
 
and it doesn’t work that way

So, home’s not where my heart is
 
and, yes, it’s sad to say….

I love someone who knows me not
oh, to hope… maybe… someday…

If I passed by your store today...  would you notice me?Or have any idea that my heart's been bared  for the world to see?Would you see my heart that's there  right upon my sleeveAnd just continue with what you're doing  as if you've not seen me....The one who's written volumes  of secret dreams and passionOf you and me together...  of every sort and fashionThe one who's met you every night  in that secret placeAnd has held and kissed you...  in passionate embraceDo you know that if I could  and it was in my powerI'd want to spend one night with you  or even.... just one hourIf I passed by your store today  would you notice me?I really don't think you would.....  because... you don't feel the same way for me.

There is no essence of satinNo summer’s dayNo compliments of your seductive whisperNo acceptance of touchStill I am lost within your eyes

My tears touch your fingertipsThough my divergent emotions you ignoreStill, I search for your faraway heart

My lips move in intricate silenceMy spirit cries in griefSend down the thunder- let it roarSo I may taste love’s eternal respect.

When life seems hopeless and you’re all alone

And no one’s there to dry the teardrops from your eyes

When you can’t find a single reason left to try…
Baby I will (I will)
Baby I will

Tell me the secrets that you’ve locked away (locked away)

Confide your deepest fears that haunt you every day

All of the little things nobody else could understand…
Baby I will (baby I will)
I will

It’s all right

I’ll be there

Count on me

Any time, anywhere

I’ll show you love

Till the end of my life

When no one else will stand by your side

I will

When all you’ve counted on comes tumbling down (tumbling down, tumbling down)

And there’s only emptiness that nothing seems to fill

And when you can’t remember how to be strong
Baby I will (baby I will)
I will

It’s all right

I’ll be there

Count on me

Any time, anywhere

I’ll show you love

Till the end of my life

When no one else will stand by your side

I will

When no one else will stand by your side

I will

It’s all right

I’ll be there

Count on me

Any time, anywhere

I’ll show you love (I’ll show you love)

Till the end of my life

When no one else will stand by your side

I’ll be standing right by your side

Like a ghost don’t need a key

Your best friend I’ve come to be

Please don’t think of getting up for me

You don’t even need to speak

When I’ve been here for just one day

You’ll already miss me if I go away

So close the blinds and shut the door

You won’t need other friends anymore

Oh don’t leave home, oh don’t leave home

If you’re cold I’ll keep you warm

If you’re low just hold on

Cause I will be your safety

Oh don’t leave home

And I arrived when you were weak

I’ll make you weaker, weaker still

Now all your love you give to me

When your heart is all I need

Oh don’t leave home, oh don’t leave home

If you’re cold I’ll keep you warm

If you’re low just hold on

Cause I will be your safety

Oh don’t leave home

Oh how quiet, quiet the world can be

When it’s just you and little me

Everything is clear and everything is new

So you won’t be leaving will you

Oh don’t leave home, oh don’t leave home

If you’re cold I’ll keep you warm

If you’re low just hold on

Cause I will be your safety

Oh don’t leave home

Falling gracefully, where will it end?
There is no end to this,
  this blissful emptiness.

Emptiness - so full there is no room for anything,
except falling.

Accept it, for it won't go away,
in the sorrowful dark of the night - dreaming of
  lost loves,
too hard to grasp, too easy to
lose.