"Wherever You Go, There You Are"
And check this out. I was at ACE? to figure out how much a bathroom sink faucet set would cost me? I was actually assisted by no less than Mr. Freddy Krueger :) I walked in right? straight to the shelves where the ACE ladies were smiling all in wonderful Cos-Play I mean.. Halloween costumes. I walked passed a single row I think I saw somethin'.. a man in red and black stripes sporting a hat and blade claws.. and so I stopped and inched back a little... and he caught me smiling. And he walked over to me "Can I help you sir?" moving closer I noticed he was even wearing red contact lenses.. yeah like Darth Maul's. "He he Tsk lu-pet ah!". And I saw his reaction, he got all smiles and felt validated. And of course Freddy K. assisted me from start to end.
Allow me to rest the gavel for a while and write a long narrative. After all, it's semestral break in all schools in the metro including law schools right? Another is it's halloween so why don't we just dance with the horror music and get spooked up with the season. Thing is, I don't get easily scared. I try hard really, I end up laughing. Just this last semester I'd drive home from school in Manila taking my usual Legarda route to Sta.Mesa, to San Juan to Broadway Centrum, to Gilmore to Balete Drive on to E.Rod. trying to look at the rear view mirror for some nasty white dressed nun or evening lady smiling at me or worse staring at me like 'Valak' right from the backseat of the car but nope.. none.. as in zero. And none o'those any in the movies.
Actually creepy movies don't easily scare me. I could watch a ton of it the whole night and.. nada. I think the movie that really scared the shit out of me was this one I saw back in the day when I was a kid. This classic 18th century Gothic horror film “The Fall of the House of Usher”. It’s an adaptation lifted from the works of a weird dead poet named Edgar Allan Poe.
They said he’s a genius. The guy. Well he’s a genius alright, he scared the fuckin’ shit out of me. The guy’s a lunatic I heard, or read. Our parents made sure that we were well-read when we were kids. He writes magnificently but only when he’s intoxicated. Mr. Poe. I mean the guy’s a freakin' alcoholic. He’s got to take wine to make his creative juices come out. Ow but he's not your typical writer mind you. The guy's extreme. He writes about the unusual, the horrific side of life, the morbid, the macabre. Just imagine writing about the slowly turning up coffin bolt screws and the dead Madeleine all white with blood oozing out her eye slowly rising out from the coffin dragging her feet out of the catacombs from underneath the old gaunt house of the Ushers carrying a flail? Terrific. The dude was such a genius I couldn’t sleep for months when I saw that.
You know back in first year law school right after midterm exams when we can put all those books away for a little while and get a break from all those immersions in SCRA cases and codals, right after a drink out and celebrations I’d come home to our old house packed with DVDs I borrowed from that defunct Video City? During nights I’d lock my self in my room with chips and milk and catchup. Remember “The Exorcist”? I’m talkin' about the director’s cut version. This is the scariest version coz Director Friedkin inserted the scene he deleted from the 1973 original when it was premiered. Reason why he deleted it is because the wires are seen in that spider-walk down through the stairs. Come the 90’s, CGI was invented and they digitally remastered hiding the wires and re-released the film. And so it made it more realistically creepier (redundancy intended) and that’s what made it interesting.
And so feeling done with school responsibilities, you wont believe what I just did. I actually borrowed it and set it aside for a late evening watch to test my self if I can handle it. I wanted to face that fear factor once and for all if I really had it. So I locked my self in my room one very late night and watched it in dim lights complete with open windows and drapes swaying. I must admit It was a crazy idea, but it wasn’t crazy at all. Because nothin’ crazy happened. It was like I was just watchin’ a Walt Disney movie. And please note I wasn’t even into chips and beer that night, it was just chips and orange juice. Well I must admit I was a little bit surprised with the spider-crawl scene. But soon afterwards it quickly died off.
I dunno I may be brave watching “The Exorcist” alone because everythin’ was done in the comforts of my home. Question is, what if I’m outside alone in the middle of no where beneath the dark side of the moon or somethin’, I’ve wondered how’d I'd fare. Well guess what? It happened to me. Just when you least expect it would happen to you, it happens. You know those ‘bituka ng manok’ or ‘balete drive’ urban legends and scary unexplained things when you travel at night?
Back in 2007, my friends and I decided to spend lent season in the beaches of Subic. We took the trip, got there, hit the beach but then somethin’ happened. My car overheated and to make it worse we found a crack in the radiator. Of course it’s lent season so where the hell can you tow the car to or get a mechanic right? So guess what, we were stuck in Dungaree Beach looking for a lift from someone for the ladies. Then I talked to the Subic Police, who quickly responded and extended assistance. Then we left the car at the beach and started hunting down a mechanic from every corners of Pampanga. We found one. I gave him the keys and commissioned him to do the job and paid him in full. Saturday we left, Sunday afternoon I was traveling alone back to Subic to get the car and keys from the Subic Police Headquarters.
Evening I took the keys, had couple of laughs and shook hands with the Chief. Around 8:00 p.m. I was driving out of Subic when I got a call from this Chinese businessman friend of mine who I met several months ago, he did the tint for my car few months back and since then we became friends and had intermittent communication about cars and our businesses during those times. We had the same name, same car ending number coding scheme schedule and the same car make-up, he drives a Starex van and one sedan. The guy took that as an auspicious star. Well you know how Chinese are, they're very superstitious. He had just put up a detailing branch in the downtown of Pampanga and he wanted me to see it, of course he knew I was in Subic so.. we met in the red light district of Pampanga. We parked our cars side by side and had a couple of light beers and some crispy loins and he took care of everything. Thing was, I lost track of time. We ended up around 1 a.m. So I had to excuse my self. I’ve figured I still have to travel back to Manila so you know… the guy was such a gentleman (well most of my friends are perfect gentlemen. I don’t usually keep them if their not) I didn’t know how to get out of there so he gave me directions and took me to this route himself. He said it’s the safest, simplest and shortest route to Manila. It’s the Bataan route.
So we convoyed up to where our roads divide, and stopped in the middle of no where. It was really past midnight, and I can feel it, the chilling air, it was eerie. Maybe it was the air coming from that haunted house somewhere there. I think we passed by it. We jumped off our cars and he gave me last instructions. “This is the start of the route I’m talking about, just turn right and it’ll be all straight from there” “Thanks for everything, see you in Manila” I said. We shook hands and then he said “Chip whatever happens call me, and oh, one last thing.. it’ll be pitched black once you’ve reached Bataan, and it’s just your headlights you can count on… don’t look to your left or right, just look straight ahead”. I looked him straight in the eye to see if he’s bluffing or what but he was dead serious. He must have experienced it himself, whatever it is. He didn’t elaborate on it, he probably just didn’t wanna scare the shit out of me. And I myself never even asked further. It’s sort of a man thing. When it’s just between two men, no further words are needed. I’ve also heard stories myself on my way there with the guys so I thought I knew what he meant.
I started stepping on it pumping up the stereo volume. And I was driving really fast. I can still recall the first song that played. From ‘Love Spit Love’ the soundtrack of Charmed. I never watched a single episode of Charmed. I thought it was stupid. I watched Roswell. So I felt Roswell. It was really quiet, I was the only one on the road. I was trekking that long stretch of Bataan, I think I was seeing some quick white images on the road side but I kept brushing it all aside. My heart wasn’t pumping, maybe it’s mothers’ prayers or what but I feel protected. Sometimes wordings in the Scriptures make wonders. That's how my mother trained me.
But Dang! I suddenly heard a loud noise.. and it was coming from my car. A loud clanking noise like a burst, like a flat tire or somethin’. I quickly checked my dashboard lights for any warning signs. There was nothin’ at all. I pulled over at the side of the road, next to the big trees and dark forest to make an inspection. And inspection means I have to get out of the car right? In the middle of fuckin nowhere 'neath the darkest side of the fuckin moon. I left the engine running for a quick take off if ever something unusual happens. I checked the temp guage.. it better not be overheating or I swear I’ll get back at that mechanic that fixed it first thing in the morning. But no it wasn’t, temperature was perfectly normal.
Here’s the thing, I looked around and damn! the place is so creepy, there’s no way I’m gonna go out there I said, but.no choice, I had to grab the flash light step out and check. I jumped out. First thing I did was to check the dark surroundings for signs of any danger if ever. I said danger because I wanted to see humans and not ghosts. I kept brushing that thing aside. I never even entertained the thought of seeing them in the back of my car like in those freak flicks we know. But come to think of it, you know what they say “matakot ka sa buhay wag sa patay”. But when you’re out there alone you wouldn’t know the difference. I dunno I just tried to focus and tried to feel that i have no fear. Like stepping out there feeling like I'm a vampire my self. It helps somehow. And I felt like a vampire on the road alone. like some power in me wielding that I feel ready to gush out. And the music in the car cooperates perfectly. I popped the hood and pumped the volume up to well you know scare the spirits away or somethin’. That’s at least how they do it.. I guess. My heart was pumping a little bit I swear. But.. there’s nothin’ I can do. I just thought I was one of them, I just walked like a vampire and moved like a vampire, I dunno what the hell I was doin’ but.. whatever it is.. it was working. I was shaking off those creepin’ fear. I think I was playing ‘The Crimson’ by Atreyu. You know what they say.. "Fear makes the wolf bigger than he is".
I dunno. I guess I just want to feel something. Like a quick adventure I couldn't forget and could tell my kids someday. I wanted them spirits lurking around to feel that I am just passing through, that I mean no harm. And that I am ready for anything drastic. It's some sort of a transit. A transit of Mars.
I was walking around the area so relaxed. I checked the rad and it wasn’t leaking. I said somethin’ like ‘good job’, a quick whisper to the mechanic that fixed it. Then I readied the jack and walked around the car bringing the cross-wrench and flashlight with me inspecting tires one by one. I was ready to change any fuckin’ tire what ever it takes, I’m a vampire remember? I inspected it, touched it, kicked it, and damn it everything was A-ok. So where did that noise come from? Weird.
But then.. I stopped.. I thought a heard somethin'.. some wailing thing from afar or whut... WOOPS!! I quickly cut the machismo thing to some point and quickly hurried inside and stepped on it. And guess what.. when I clicked the high beams? there were bats flying around. Whuutduufuuuuuck!! get me outta here!!
Okay here's the case..
This is a criminal case.. here's the facts: On 21 January 1945, Urbano Marasigan dressed in a Japanese uniform..
No no.. he was not in for a trick or treat.. this is the real Japs war..
.. armed with a rifle and accompanied by a band of armed men went to the house of Macario Siores in Concepcion Banahaw, Sariaya, Tayabas, Quezon (shouting trick or treat!!-big joke). The dude raided the house and searched for Macario who was believed by the Japanese is associated with the guerrillas as a messenger.
He was asked by Marasigan if he was a guerilla and he denied it. Macario was then dragged to his father’s house a stone throw away and his father and sibling Nicasio and Maximo were asked the same question. They took Macario and Maximo but left their father Nicasio due to his old age.
The siblings were then brought towards the mountain and were never heard from. A month later Marasigan yelled at Macario’s wife not to wait for her husband for he is already dead. Eventually he was seen accompanied by his father to Nicasio’s house to plead for forgiveness.
The dude was arrested of course..
The appellant admitted in open court that he was a Filipino citizen. On or prior to January 21, 1945, Marasigan was a member of the Japanese Military Police in Sariaya, Tayabas (Quezon). He was often seen wearing a Japanese uniform and carrying a rifle and he used to accompany Japanese patrols and raiding parties. But he alibied that it was impossible for him to be part of the raid as he was arrested and remained in Japanese custody from the 21st January until the month of March.
Tsk.. loud and proud... engot talaga..
But The People’s Court through a careful review of the evidence had established beyond reasonable doubt and convicted him of Treason sentencing him to Reclusion Perpetua with the accessory penalties prescribed by law, and to pay a fine of P10,000, plus costs.
His counsel however raised the mitigating circumstance of lack of instruction.
E walang pinag-aralan eh..
BTW Our oldest penal code, we inherited from our Spanish colonizers by a royal decree in 1870. The so-called 'Codigo Penal'. Some of its provision were inapplicable on Philippine soil and the code was considered inadequate in the changing of times and so this was replaced by the Spanish authorities with the old Penal Code which took effect in 1876. This law was effective in the Philippines until the American colonization. When the Americans administered the Philippines through Commissions they found out our penal code was lacking in terms of the rights of the accused. And so they introduced a more specific, humane, and extensive coverage penal system, and Circumstances Affecting Criminal Liability was one of the portions introduced revising the whole code into what is now The Revised Penal Code. This case was 1945, the Revised Penal Code was enacted in 1930 and so in time Marasigan's lawyer invoked the Alternative Circumstance of the Degree of Instruction and Education of the Offender which would have an effect of either aggravating or mitigating the offender's criminal liability depending on his level of instruction. In this case the lawyer is resigned to his client's fate being found guilty beyond reasonable doubt. And so he was doing the least thing that he can do, he was invoking the Alternative Circumstance provision to lessen Marasigan's penalty to a lower degree due to his client's lack of education.
And it seems his contention is tenable..
ISSUE:
Whether or not Marasigan’s action was mitigated by lack of instruction.
RULING:
Court said..
Mitigating Circumstance of Lack of Instruction was found in favor of Marasigan and penalty should be modified accordingly.
The court stressed that Marasigan accompanied the Japanese raiding party that arrested the two brothers and took them to the mountains where they were presumably killed, there is no evidence that he had taken part in the killing. Neither is it shown that in effecting the arrest, the defendant had tortured, manhandled or otherwise abused Macario and Maximo.
For this reason, the court was inclined to be lenient with the appellant. Acting upon the plea of his counsel that the mitigating circumstance of lack of instruction be considered in his favor inasmuch as Marasigan had not gone to and studied in the public schools; that he can neither read nor write English; that his schooling if it can be so called, was confined to studying and finishing the caton, an elementary Spanish reader for beginners,
The People's Court's judgment was modified. The penalty imposed by the People's Court was reduced to seventeen years of Reclusion Temporal and a fine of P5,000.
Okay here's the case..
This is a criminal case.. here's the facts: On 21 January 1945, Urbano Marasigan dressed in a Japanese uniform..No no.. he was not in for a trick or treat.. this is the real Japs war..
.. armed with a rifle and accompanied by a band of armed men went to the house of Macario Siores in Concepcion Banahaw, Sariaya, Tayabas, Quezon (shouting trick or treat!!-big joke). The dude raided the house and searched for Macario who was believed by the Japanese is associated with the guerrillas as a messenger.
He was asked by Marasigan if he was a guerilla and he denied it. Macario was then dragged to his father’s house a stone throw away and his father and sibling Nicasio and Maximo were asked the same question. They took Macario and Maximo but left their father Nicasio due to his old age.
The siblings were then brought towards the mountain and were never heard from. A month later Marasigan yelled at Macario’s wife not to wait for her husband for he is already dead. Eventually he was seen accompanied by his father to Nicasio’s house to plead for forgiveness.
The dude was arrested of course..
The appellant admitted in open court that he was a Filipino citizen. On or prior to January 21, 1945, Marasigan was a member of the Japanese Military Police in Sariaya, Tayabas (Quezon). He was often seen wearing a Japanese uniform and carrying a rifle and he used to accompany Japanese patrols and raiding parties. But he alibied that it was impossible for him to be part of the raid as he was arrested and remained in Japanese custody from the 21st January until the month of March.
Tsk.. loud and proud... engot talaga..
But The People’s Court through a careful review of the evidence had established beyond reasonable doubt and convicted him of Treason sentencing him to Reclusion Perpetua with the accessory penalties prescribed by law, and to pay a fine of P10,000, plus costs.
His counsel however raised the mitigating circumstance of lack of instruction.
E walang pinag-aralan eh..
BTW Our oldest penal code, we inherited from our Spanish colonizers by a royal decree in 1870. The so-called 'Codigo Penal'. Some of its provision were inapplicable on Philippine soil and the code was considered inadequate in the changing of times and so this was replaced by the Spanish authorities with the old Penal Code which took effect in 1876. This law was effective in the Philippines until the American colonization. When the Americans administered the Philippines through Commissions they found out our penal code was lacking in terms of the rights of the accused. And so they introduced a more specific, humane, and extensive coverage penal system, and Circumstances Affecting Criminal Liability was one of the portions introduced revising the whole code into what is now The Revised Penal Code. This case was 1945, the Revised Penal Code was enacted in 1930 and so in time Marasigan's lawyer invoked the Alternative Circumstance of the Degree of Instruction and Education of the Offender which would have an effect of either aggravating or mitigating the offender's criminal liability depending on his level of instruction. In this case the lawyer is resigned to his client's fate being found guilty beyond reasonable doubt. And so he was doing the least thing that he can do, he was invoking the Alternative Circumstance provision to lessen Marasigan's penalty to a lower degree due to his client's lack of education.
And it seems his contention is tenable..
ISSUE:
Whether or not Marasigan’s action was mitigated by lack of instruction.
RULING:
Court said..
Mitigating Circumstance of Lack of Instruction was found in favor of Marasigan and penalty should be modified accordingly.
The court stressed that Marasigan accompanied the Japanese raiding party that arrested the two brothers and took them to the mountains where they were presumably killed, there is no evidence that he had taken part in the killing. Neither is it shown that in effecting the arrest, the defendant had tortured, manhandled or otherwise abused Macario and Maximo.
For this reason, the court was inclined to be lenient with the appellant. Acting upon the plea of his counsel that the mitigating circumstance of lack of instruction be considered in his favor inasmuch as Marasigan had not gone to and studied in the public schools; that he can neither read nor write English; that his schooling if it can be so called, was confined to studying and finishing the caton, an elementary Spanish reader for beginners,
The People's Court's judgment was modified. The penalty imposed by the People's Court was reduced to seventeen years of Reclusion Temporal and a fine of P5,000.
