Monday, September 29, 2008

psychoanalysis

shirl sent me a message at around 2am saying that she woke up in the middle of the night looking for a law book to read.

yesterday was an actual monday morning that i didn't hate. i woke up and felt guilty about trading in my daily dose of coffee for a cup of hot cocoa with tons and tons of marshmallows. i felt attached to the bar materials that i used to throw against the wall out of frustration. i look for stress now.

my room's gradually getting back its inhabitable state and i wake up without a codal by my side. i have six months of waiting to do and if the bar didn't break me, i keep thinking maybe this one will. everything seems perfect now: no stress, no bar, no cramming. somehow, i can't help feeling that it's wrong and i'm waiting for the other shoe to drop.


Song of the Day: More Than This (by the 10 000 Maniacs)
It was fun for a while
There was no way of knowing
Like dream in the night
Who can say where we're going
No care in the world
Maybe I'm learning
Why the sea on the tide
Has no way of turning

the power of three...

today, san beda made history.

for the third year in a row, the men's senior basketball team got the coveted ncaa championship.

the past three years have been good for san beda, sort of-- not just in basketball but also to the college of law:

along with the first ncaa championship in 28 years, it was senior class of 2006-2007 that graduated without anyone left behind.

2007 gave us another championship and a bar topnotcher-- not necessarily the one we expected nor as sweet as we would've liked but the 93.3% passing rate makes up for it.

now, i wonder what other great things 2008 will bring us. i hope it's a 100% passing rate in the bar exams (for all intents and purposes, tuning would have passed the bar had he finished it).

Song of the Day: The Bedan Hymn (lyrics by Sen. Raul Roco)
Bring out the challenges, we’ll win them all
And fear neither fire nor blood;
Bedans will answer the clarion call
For San Beda, our country and God.

Sunday, September 28, 2008

the barrister's creed

(an edited version of the Rifleman's Creed)
although i am technically no longer a barrister, this still holds true.
This is my codal. There are many like it but this one is mine. My codal is my best friend. It is my life. I must master it as I master my life. My codal, without me is useless. Without my codal, I am useless.

My fountain pen and myself know that what counts in this war is not the rounds we fire, the noise of our burst, nor the smoke we make. We know that it is the hits that count. We will hit...

My memory aid is human, even as I, because it is my life. Thus, I will learn it as a brother. I will learn its weakness, its strength, its pages, its footnotes and its markings. I will keep my memory aid clean and ready, even as I am clean and ready. We will become part of each other. We will...

Before God I swear this creed. My materials and myself are the defenders of my grade. We are the masters of stress. We are the saviors of my life. So be it, until victory is ours and there is no enemy, but Peace.

They say "Be careful what you wish for." I wished for a life without stress. I should've wished for a life after passing the bar... i don't know what i would do if stress was taken out of my life. apparently, i don't know how to slow down and keeping myself busy is as natural to me as breathing.

Song of the Day: Another Suitcase In Another Hall (by Andrew Lloyd Weber)
So what happens now? Another suitcase in another hall

So what happens now? Take your picture off another wall
Where am I going to? You'll get by you always have before
Where am I going to? Don't ask anymore

Thursday, September 25, 2008

for whom the bell rings

it was my last day at the library. i put my books away and returned the last book stand that i would ever borrow. i donated our table's bell to kuya aga so that he could keep it at the counter and terrorize the noisy people at the library. every time that bell rings, it would speak of every memory we ever had in that library: the lib affairs, the contraband tikoy, hotshots, skittles and coca-cola bottles, the furry pouch kung fu fights, toblerone bars with mr. pogi notes, arguments on which movie to watch and power naps.

the bell would ring of many other memories made by other law students who have moved on to become barristers on their way to being lawyers. i know i will go back one day-- as a lawyer-- just to revisit my days as a law student in the library. the room will whisper of friendships formed, affairs that ended and codal provisions memorized. it's my turn to exit the doors and wait on the other side.

i walked out of the library and rain was falling outside, as if the sky was weeping for the memories i was leaving behind. but i don't mind... there's a bright sunshiny day ahead of me.

Song of the Day: As I'm Leaving (by David Gray)

Through the water
Through the rain
To the soul of everything
Throw my memories to the wind
And I'm almost gone

Monday, September 22, 2008

ex-communication

i promised pambie that i will move on and i am trying to. i have been able to function for two hours now and that's not bad.
they say all real pain lasts for exactly 12 minutes from the time it was first inflicted and anything other than that is self-torture. i vow not to torture myself. i think 30 hours is enough to vanquish the memories of an almost lover.
it's time for the ritual. no, i will not burn photos nor will i throw away old messages. i will just keep them without expectations. the night has passed and today is a brand new day.
i will breathe, keep myself busy, say a little prayer and for one last time, bid him goodbye with a "God bless" and "thank you."

Song of the Hour: Bell, Book and Candle (by Eddi Reader)

Just before the thunder roars
I sense you next to me
And as I move through nature
I know where you will be
So I must keep myself apart, here is where I'll stay
With a bell, book and candle to keep your ghost away

in an mmmbop they're gone...

tin (aka colby) was right... listening to our high school guilty pleasures playlist does take away the stress... it takes me back to the days when law school was just a dream and the biggest dilemma we had was to make it to becky's kitchen and back before 6PM so she could stick to her after-6 diet.

i miss the 100 peso club.
i miss stalking the cutest social studies department chair st. scho ever had.
i miss the quadrangle and miming.
i miss the time when MTV actually played music and didn't have reality shows.
i miss the time when text messaging was only for the deaf.
i miss the boybands (no matter how irritating their bouncing steps were).
i miss wholesome bubblegum pop.

ten years was a lifetime ago. but for the next ten years, whenever i'm down, all i have to do is listen to the guilty pleasures playlist and i know that laughter is not far behind.

Song of the Day: This Is Our Song (by the now defunct boyband Code Red)
When my skies are gray
Make them clear again
When I'm weak you are strong
I need to hear the sound
You need to hear the words
This is how we all began
This is our song

warm warm honey... certified platinum hit


FACTS: Kaima, Pambie and Nikki took the bar exams. The Mercantile Law exam had an item on Intellectual Property law regarding copyright of a rap song entitled Warm Warm Honey by Mocha Warm. However, particular riffs of the song were found out to be from Under Hassle, a song by Majesty, a British rock band prominently featuring Fredo Uranus as its lead singer. Majesty sued Mocha Warm but the same was settled out of court. The three bar examinees were driven to madness by the difficulty of the exam and wrote a poem inspired by the question on intellectual property law. The particular lines and their authors are indicated below.

(Kaima) Warm, warm honey it's a mystery
boiling point is 120
bagay na bagay sa iced tea.
(Nikki) Ihalo sa coffee

para siguradong wakie wakie
(Pambie) puwede rin sa kamikaze
at sawsawan ng berry
(Pambie) Galing sa bee

na mahilig habulin si Pambie
Warm, Warm, Honey

Break it down Baby, Yeah!

Questions and Suggested Answers:
1. Who owns the copyright of the poem?

The mercantile law examiner, the examinees who became insane and Mocha Warm. There is no legal basis for the answer. It just fell from the heavens.

2. Where will Kaima get her royalty? Is it taxable? at what rate?
She will get it from the original artist, Majesty, who sued Mocha Warm but settled it out of court. If Kaima is a resident citizen (which I assume she is because she took the bar which was the proximate cause of her insanity) it will be taxable if sourced from either within or outside the Philippines, pursuant to Section 23 of the NIRC, as amended by the 2008 Bedan Barristers. It will be taxable at the rate that income tax is taxable, as part of the gross income if within the Philippines or as passive income at the rate of 10% final tax with no base.

Alternative Answer:
Kaima will not get her royalty anywhere but it will be taxable because taxes are the lifeblood of the government.

3. Suppose that Nikki shoved a bee and the bee stung Pambie causing her death, who is criminally liable? What crime/s was committed?
Nobody is criminally liable because shoving the bee is not a felony, or a crime for that matter. Under Article 4 of the Revised Penal Code, a person is liable for the crime committed and all its natural and logical consequences. Shoving a bee is not a crime hence, there is no felony.

Alternative Answer:
Murder was committed, through the qualifying circumstance of cruelty because the sting of a bee is very painful hence inflicting unnecessary pain upon Pambie. However, nobody is criminally liable because Nikki was insane at the time she shoved the bee as no person in his or her right mind would shove a bee.

Bonus Question: Is the Supreme Court entitled to any royalties? If so, how much? Feel free to invent a legal basis.

Song of the Hour: Heart of the Matter (by India Arie but originally by Don Henley-- who owns the copyright?)

And the more I know, the less I understand
All the things I thought I'd figured out
I had to learn again
I've been trying to get down
To the heart of the matter
But my will gets weak
And my heart is so shattered

Sunday, September 21, 2008

almost lover

i am officially the wife of nightfall.
it's my month and my year and my life.
i can let go if i just breathe deep and not expect anything.
i survived through this more than once and wished happiness upon many others.
why should now be any different?
i will walk on sunshine once more
if i just breathe.
Song of the Hour: I Wish You Love (by Frank Sinatra)
My breaking heart and I agree that you and I could never be,
So with my best, my very best, I set you free.
I wish you shelter from the storm,
A cozy fire to keep you warm,
But, most of all, when snowflakes fall,
I wish you love.
note: whoa!this is too much to take in the span of less than 12 hours. two entries in two hours should tell you something

arrival under stress

Singing while walking home with tears welling up in my eyes after Dean Albano's encouraging pat on the back... I reached my front door and thought of the marine insurance concept of arrival under stress, which i love so much but never got to use during the bar...
I'm movin, I'm comin
Can you hear what I hear?
It's calling you my dear out of reach
I can hear it calling you
I'm comin not drowning, swimming closer to you
it is defined as the arrival at the nearest and most convenient port, if during the voyage the vessel cannot continue the trip to the port of destination due to:
1. lack of provisions (naubusan ng baon o kaya walang naaral);
2. well-founded fear of seizure, privateers or pirates (takot sa mga baristang nagdidiscuss); and
3. by reason of any accident of the sea disabling it to navigate (i.e. extreme mental fatigue).

I SAID NO PENTEL PEN, ONLY FOUNTAIN PEN DURING THE BAR!!! one more week and it'll be over. di na ako uulit.

Song of the Hour: Pure Shores (by All Saints)
Many faces I have seen
Many places I have been
Walked the deserts, swam the shores
Many faces I have known
Many ways in which Ive grown
Movin closer on my own

Monday, September 15, 2008

from great minds

Modifications of a great legal statement:

"The power to tax is the power to destroy." -Justice Holmes

"The power to tax is the power to destroy but not while the Supreme Court sits." -Justice Cruz

"The power to tax is the power to destroy but not when Justice Tinga sits." -Pambie Herrera

"The power to tax is the power to destroy even while the Supreme Court sits." -Kai Rosario

"Dear God, please destroy the power to tax." -Nikki Espiritu

Prayer is all I have and crying is not an option.

halfway down the sky

the bar exams is half over and i have not redeemed myself from the disasters of the first week. i have two more weeks and no more strength. almost running on empty, i push myself to take more torture and endure more pain.
mae said that this is our mount doom (and from the climb to the 5th floor exam rooms, it might as well be)... we stumble and fall but we have to make it to the top and complete our task. i will finish this task being dragged by the roots of my hair, kicking and screaming.
i should have just gone to med school. i would rather dissect a dead body than be the dead body.
Justice Holmes was not exaggerating when he said that "The power to tax is the power to destroy."
this better be worth it.
Song of the Day: Stuck in a Moment (by U2)
And if the night runs over
And if the day won't last
And if your way should falter
Along the stony pass
It's just a moment
This time will pass

Wednesday, September 10, 2008

september mantra

FORTITUDINE- "with courage"
SEMPER FIDELIS- "always faithful"

this is how i will face the next three weeks. with a lot of courage and with a lot of faith.
there is nothing else to hold on to.
all i can do is read more and pray harder.
and of course, give thanks to dean sundiang every day.

Song of the Day: One Step At A Time (by Jordin Sparks)
Now you're feeling more and more frustrated
And you're getting all kind of impatient waiting
We live and we learn to take

Tuesday, September 9, 2008

examinee number 6443

6 more times of waiting for answers to fall from heaven.
4 days till the next torture session.
4 other songs to sing while trying to regain sanity
3 weeks till the end of september
if i breathe, i will make it through this.
creative writing is my friend
prayer is my power.
and next month, i'll be princessized once more.

Song of the Day: One Step At A Time (by Jordin Sparks)
When you can't wait any longer
But there's no end in sight
when you need to find the strength
It's the faith that makes you stronger
The only way you get there
Is one step at a time

Sunday, September 7, 2008

suicidal and homicidal

after the first set of exams, i walked home. i deliberately avoided the sidewalk, practically throwing myself on the path of speeding cars. they all missed. i must now go on and suffer for the attempt. i have three weeks to go. there will be better days.
Song of the Day: I Think God Can Explain (Splender)
It's alright, I'm okay
I think God can explain
I believe I'm the same
I get carried away

Monday, September 1, 2008

bearing the cross

ryan: naku, ikaw nalang ang last hope ng 1-i para mag-top ng bar.
nikki: then, 1-i is doomed.

papa to mommy: sabihin mo kay nikki wag na wag na di matutulog bago mag-exam. wag nya kamo masyadong isipin at baka lalong di makasagot.

venus: pag nasa harap mo na yung tanong, kusa nang lalabas ang mga sagot.

nikki: waaaaaaaaah!

debbie to pambie: what you know is enough.

commissioner sarmiento: am confident you will make me proud. the essential elements are there. just remember ora et labora.

anthony: in san beda, you are trained not to pass the bar. you are trained to top the bar.

nikki: waaaaaaaaaaaaaaaaah!

priest last sunday: we must make sacrifices if we want to get what we want. we must bear our crosses.

the rolling stones: you can't always get what you want. you get what you need.

nikki: waaaaaaaaaaaaah!

Song of the Day: Pride (In the Name of Love) by U2
One man caught on a barbed wire fence
One man he resist
One man washed on an empty beach.
One man betrayed with a kiss
In the name of love...
What more in the name of love?