Brownies, Inis, Kutis :)

WE ARE DEFENDANTS in a case pending before the Valenzuela Metropolitan Trial Court since 2003. The plaintiff alleged that we bought and sold a generator that was stolen/not intended for sale. Of course we have our own version of the story and proof to the contrary, and that is why there is a case for hearing, one that is fraught with claims, counter-claims and cross-claims, and a premise too detailed and complicated for me to share here.

At any rate, after endless postponements (ironically, from the side of the plaintiff who's supposed to be aggressively pushing for the completion of the trial) and a handover to a new judge, we found ourselves and the case being referred for mediation. While we believed the case was beyond mediation, to show good faith in the justice system we abided by the judge's suggestion. So as usual, we left the house early and hauled our asses last Thursday, papunta sa malayong lungsod ng Valenzuela.

I was telling Mike, on the way, that I had a feeling the plaintiff would be a no-show, that or some other technicality would make our efforts and the trip to Valenzuela useless. I was right.
The plaintiff was there, all right, but without her counsel didn't want the mediation session to push through. She had no idea where he was, whether he was coming for the session ...she left her cellphone daw in her hurry and can't contact him. I couldn't care less. He could be lying dead somewhere in the middle of the street for all I care. But ang nakakainis, they're employing another of their delaying tactics...

She should have been overruled, considering all THREE defendants, us included, were present and had our respective counsels. The lawyer of a co-defendant made the effort of calling the plaintiff's counsel, to arrange a date to which the mediation session was to be reset. The counsel was not available till the first week of July. Nanggigil na ako. This was a classic case of inconsideration for others. But what would you expect from someone who has already filed a case against you?

I tried to make the most of the situation and asked the mediator whether we, the defendants, can at least air our minimum demands for the settlement, as we were there anyway... a motion the other defendants backed. Anyway, I said, the plaintiff doesn't have to agree to anything, she only has to note our demands so that we can gain headway and have something to start with in the next session. I said that will give her plenty of time to think and consider. Ayaw pa rin. No talk, not without her lawyer. Bwisit talaga!

The mediator said that we can choose to reset or terminate the mediation proceedings immediately, considering the case has been pending for a long time. The plaintiff, the cause of ALL the delays (and who gave all excuses imaginable, including being unable to find a ride in the midst of a transport strike) had the gall to say, "Eh kasi, attorney, si judge, di nag-aattend, postpone ng postpone.." to which I and the other counsel replied in unison, "Eh ikaw nga ang nagpa-postpone ng nagpa-postpone e!" To which I wanted to add "Tignan mo nga ngayon, kung sino pa rin ang cause ng delay..." Mike then said, "Ganito tayo lagi, aabutin itong kasong ito ng 2010..." And I said out loud, "Oo, abogado na ako no'n." (Watch out, world!)

The plaintiff then said to Mike, "Eh, ikaw kasi, sabi mo, 'See you in court, because your husband is a foreigner!'" DUH! Ano daw yun? As Mike's unofficial counsel I have been present in all of his transactions with this plaintiff and I know and remember everything, verbatim, that's been said and exchanged in relation to that transaction. Mike never said that and so he retorted, "Ha? Kelan ko naman sinabi sa yo 'yan?" Knowing full well that it was our co-defendant who said that to her, but pointing the fact out to her would be meaningless, I just told Mike, "Naku, daddy, tama na. Wala sa atin ang burden of proof. Bayaan mo na siya."

But on the way home I was seething, talking, and rehashing what happened, giving opinions of it, both justified and unjustified. Mike, who has seen me like this many times in our 10-year marriage, just listened and smiled as his wife stuffed one brownie bar after another into her mouth (don't get me angry... you wouldn't like me --and my figure-- when I am angry!) while discoursing in guerilla mode. The main point of all my trashing was that, if the plaintiff had a strong case, and knew she was in the right, why the hell (pardon the language, I get incensed just talking about it) was she scared of pushing through with the mediation without her lawyer? Afterall, siya ang nagdemanda, and it'd be her who'd drop the case if she finds our demands acceptable/negotiable. And she didn't have to agree right away, just honor our time by at least allowing the group to gain some headway by noting our stipulations!... It was a plain and clear delaying tactic. They want the case to drag on as long as possible since they don't have enough proof of their allegations. I have an arsenal to the contrary.

Just the same, being drawn into the mud, we have no choice but to wage on, defend ourselves, enrich our lawyers, deal with that lifeform and hope against hope that justice will prevail, as soon as possible.

Imee Marcos, in an interview I saw on late night TV while trying to get sleepy, said once, "I received valuable advice from my mom as regards dealing with things na nakakainis. She said, 'Ok, you give yourself X-time to think about it, X amount of time to cry over it or stress over it, then after that, tama na, hindi na maganda sa kutis yon, move on." So here I gave myself that x amount of time and will forget it (at least superficially) dahil hindi nga maganda sa kutis ang mainis. Maganda pa naman ako, sabi ng bestfriend ko. :)

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Why AnneThology?

Anthology means a collection of poems, short stories, plays, songs, or excerpts. My name is Anne, and this blog contains a collection of my thoughts, musings and writings (poems, short stories), some songs I like, plus a sprinkling of excerpts I find worth sharing --hence, AnneThology.

Did you know?

Anthology derives from the Greek word ἀνθολογία (anthologia; literally “flower-gathering”) for garland — or bouquet of flowers — which was the title of the earliest surviving anthology, assembled by Meleager of Gadara.

Look, what I have -- these are all for you.