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

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.

el hombre: a sequel

watching 1408... a movie that intrigued us all

wow, parang di kinikilabutan sa pinanuod

dynamic duo: reunited and it feels so good

huling hirit bago mag-september

haburdei girls

Song of the Day: We've Only Just Begun (by The Carpenters)

We've only just begun to live
White lace and promises
A kiss for luck and we're on our way
And yes, we've just begun

oblicon for dummies

dean navarro: pag isa ang sira-ulo, voidable ang contract. pag parehong parties ang siraulo, unenforceable ang contract.

claire: nikki, pag tayo ang nag-contract, ano yun?
kaima: unenforceable.
claire: pag tinanong yan sa bar, tatawa talaga ako.

note: 1 siraulo (si claire lang) = voidable
2 siraulo (nanghawa si claire) = unenforceable.

welcome back, claire. we missed our clown (dapat discounted ang boyoyong charge ha).

Song of the Day: Crazy (by Seal)

No, we're never gonna survive

Unless we get a little crazy

sa library ni kuya

when you've been hanging out at the library as long as we have, you tend to run into all sorts of characters:

"Big Brother" - the omnipresent, omniscient and benevolent librarian who promised that as long as he was the "kuya" of the library, we will never be evicted. thank you, kuya bernard, for the encouragement and for your endless patience.

"The Photocopier" - ate marlyn, who patiently takes our photocopy orders and delivers them to our table free of charge. she lends us her scissors, pens, pillows and a helping hand. she patiently listens to our ramblings and gives us subtle encouragements. she is an angel.

"Paris Hilton" - the non-Bedan reviewee who does not know how to respect other people's property and constantly chats with his table-mate without even thinking that others are bothered by his actions.

"Kim Kardashian" - the Paris wannabe, look-alike ng kalaban.

"Mr. Nice Guy" - I'm assuming he's a friend or merely an acquaintance of "Paris" who tries to do some damage control by sitting somewhere else when "Paris" is around so that he won't be part of a group that bothers others. He is meek, quiet, considerate, nice and very very respectful of others who are trying to pretend that they're studying. He is only guilty by association and nothing else.

"Quasi-Annie" - the lady who walks to other tables, opens books and lecture notes just to see what the other reviewees are reading. she is intrusive and sometimes smiles at what she's reading and suddenly laughs alone. ate pau thinks she's got a bar buddy we can't see.

"The Garfields" - some get to the library early and some cannot show up before 10am. some are occasionally quiet and some burst into the chorus of Nothing's Gonna Stop Us Now. there is always food on their table and the same table by some miracle induces sleep. the table is never empty. we have marked our territory and we will stay there until september. in this table, there is constant laughter, music, the occasional tequila dance and no spaces between the seats (ang hahaba kasi ng legs pag nag-stretch ng paa).

One has to wonder, ano kayang sinasabi nila tungkol sa amin?

In the library where we were once rumored to be banned, there are a lot of characters and there will be more come June. no matter how different we all are, we all go through the same stress, the same trials and we will achieve the same triumphs.

Song of the Day: The Remedy by Jason Mraz

The remedy is the experience.

This is a dangerous liaison

I say the comedy is that it's serious.

rehearsing for better days (brought to you by el hombre)

pambie: mahina ang tama ng el hombre.


pambie: traydor pala yang el hombre. akala mo walang tama pero pag tayo mo nakakahilo.
ten minutes later... she was fast asleep.

kai: walang cuervo eh. el hombre nalang... uncle ni don enrique at ni jose cuervo.

She said, child we are all moons in the dark of night.
Ain't no morning's gonna come 'til the time is right.
Can't get to better days lest you make it through the night.
You gotta make it through the night. 

Song of the Day: Better Days (by Dianne Reeves)

beauty queen speech

the past few days proved that i do not have the emotional capacity of a teaspoon. now, i'm singing a better song and i think it'll be a while before tears fall again.

thank you, dean jara, for helping us out. thank you, dean sundiang. you truly are an educator.

i never would have kept my sanity without the garfields. thank you:
claire: for the tears and the hugs.
shirley: for staying with me during the longest two minutes of my life and for the stage motherly love
resly: for the silent consolations and tears you shared with claire
mado: for the support and prayers and the bond we share of having immense love for dean jara
gem and kaima: for the noise and laughter that provided the temporary distraction
kai: for helping out with the recon letter that was never used and the suggestion of crinkles
pambie: for being the prophet of doom and the bearer of good news all in one week

mae, who's going through a difficult point in her life. sorry i wasn't there. i'll make it up to you. but thank you for the advice. yes, we must not fear for fear leads to anger. anger leads to hate and hate leads to suffering.

thank you to mom, my aunts, my cousins who, according to ate pau:
"alam naman naming gagraduate ka eh. ikaw lang ang ayaw maniwala."

the sleepless nights and endless days have temporarily ended (at least until september).

GAGRADUATE KAMI!!!
parang DVD cover ng TV series
(a la The Practice)

can i sail through the changing ocean tides
can i handle the seasons of my life?
- landslide (fleetwood mac)

the fine line between agony and ecstasy

one song for two people who evoke very different feelings...

dear dean sundiang:
Pax!

YOU PUT THE BOOM BOOM IN MY HEART
YOU SEND MY SOUL SKY HIGH WHEN YOUR EXAM STARTS...
JITTERBUG INTO MY BRAIN
GOES A-BANG BANG BANG TILL MY FEET DO THE SAME

dear twinkerbellor,
YOU TAKE THE GRAY SKIES OUT OF MY WAY
YOU MAKE THE SUN SHINE BRIGHTER THAN DORIS DAY
TURNED A BRIGHT SPARK INTO A FLAME
MY BEATS PER MINUTE NEVER BEEN THE SAME.

a picture worth a thousand words (said and unsaid)

Mr. Mata: Wow, ansarap naman ng donut!
Chinggay: Uy, Mr. Uson, nagpapacute sa camera
Pambie: Mainggit kayo sa donut ko.

Kayo nang bahala mag-imbento ng kwento... a lot of people can assume a lot of things from one photo. Go on, assume.

LOOKING THROUGH THE DONUTS OF LOVE
title by Pambie, photo by Kaima
donuts from Krispy Kreme

Dean Sundiang: Ms. Espiritu, who owns the copyright?

alternative careers

pambie and i realized that we didn't want to be lawyers. we're just going through this dahil nanghihinayang nalang kami. this was while we were making our appellant's brief for prac court-- a rape case. so i thought of the alternatives to being a lawyer:

1. housewife- first of all, no prospective husband. second, i cannot stand doing nothing at home. it's okay for a couple of days but after that, i live for stress. call me weird but i do.

2. duo kami ni pambie-- sabi nga ni rene v., do not neglect your musical talent. but it gets boring after a while.

3. taga-gawa ng website ng may website-- after the concon website was finished, pambie said i have a new option if i decide to quit law, pwede na akong web designer. but i can't handle computers. i'm not a techie.

4. disney cartoonist-- i love drawing, sketching, whatever form of visual art you could think of... but i'm scared of doing it for a living because i might hate it eventually.

5. coffee shop/bookstore/gallery owner-- we actually planned this and are still planning. but we need the capital (calling all interested investors) and the only way to make money that i could think of is finish law school and practice law.

i have no choice. i opted for law school and i have to live by that decision even if it kills me.

a teacher you will never love

atty caban: for the love of me, please top the bar.

but sir, we don't love you. you're not even teaching us anything... not even a little lesson in life.

lesson to learn: wag magdidiva at walang may gusto sa diva.

Re: Twinkerbellor-- Petition for Change of Name

Exchange of text messages late at night...

Pambie: Naka-mutuum ang electric fan ni zern sakin.
Nikki: Pamela, what is mutuum?
Pambie: Ma'am can I just recite on bellor and belly?
Nikki: Twinkerbellor and twinkerbelly. Yan ang itatawag ko kay tuning.
Pambie: Sya si twinkerbellor, ikaw si twinkerbelly. hehehe
Nikki: Di ba meron pa akong petition for change of name?
Pambie: Wahehe. Ipa-set mo na for hearing yung petition mo with TRO to refrain from using the name in public.


But a TRO lasts only for 20 days. I need to go to the Supreme Court to make it last until further orders.
Still, now we have a new name.

Problem is: I don't know my way to the Supreme Court.

things i will never run out of...

MUSICLAUGHTER

MAGIC

AND FRIENDS

equally cursed and blessed

If all you've got to do today is find peace of mind
Come 'round, you can take a piece of mine...

I admire how musicians can come up with creative and catchy album titles. I could always relate to the songs, but rarely with the album titles. So you could imagine how I felt when I was organizing my iPod and saw the Catatonia album title "Equally Cursed and Blessed."

And if all you've got to do today is hesitate
Come here, you could leave it late with me...

I am unfortunate enough to be very punctual and excited when it came to enrollment so along with my friends, I was placed in the regular section of the 4th year-- 4S. At the start of the semester, we tried to think that maybe this was a blessing in disguise. We were forced to study since everyone around us seemed to excel academically and we had to keep up. Nakakahiya pag ikaw lang ang bokya. So we thought, we were lucky. And we had the presumption of regularity working in our favor.

You could be taking it easy on yourself
You should be making it easy on yourself...

Then, the second semester came crashing down on us. We were the only section to have recitations for RemRev... oh, closed books, no notes, just our smiles (to quote Sir Pabs). That was only on Mondays and Tuesdays. Wednesdays and Thursdays it was Commercial Law Review (with recitations) handled by Dean Sundiang-- one of the best professors and yet, the most feared. On Saturdays, we had Tax and Conflicts of Law... both with quizzes and recitations. Most of the normal people in 4S (us) looked at Friday as a day of rest. Fridays were seen as the sign that God did not hate us. We thought wrong.

Cause you and I know it's all over the front page
You give me road rage, racing through the best days
It's up to you, boy, you're driving me crazy
Thinking you may be losing your mind

Last night, Judge Albano announced that he needed some kind of basis for our grades and that we would have a quiz in Civil Law Review every Friday. Goodbye, rest day. God cast us out of Heaven (our beloved Law Lecture Room) and into the deepest and darkest circle of Hell.

Space age, road rage, fast lane...

I am blessed to be with good friends during these trying times and that they're going through this with me (not like they have any choice, 4S din sila). But I feel cursed since I am deprived of the much needed rest and time to unwind. I spend my mornings in the library instead of sleeping in, I spend my evenings reading books while blowing my nose and trying to get well from some sort of flu without resorting to sleep.

I try to look at the bright side: at least, by the time I take the bar, I'll be fully prepared since I'm forced to study. That is if I graduate this year... assuming I'll still be alive and functional next week.

So until March, I'll be singing my bad day, angry girl song from the Catatonia album.

We all live in the space age, coming down with road rage,
Racing through the best days...

Sabi nga ni Claire: Ayokong makakarinig ng 4B, 4C at 4D na nagsasabing nahihirapan sila sa buhay nila.

the last becomes first...

tuesday rem law

classroom: 13G (3rd floor, first year rooms)

sir pabs reminds me of RPL... the medyo lukot short-sleeved barong, the face, the manner of speaking, the out-of-this world questions...

and the queasy feeling i get in the pit of my stomach when he enters the classroom-- lightheaded and feverish.

it's like i'm in first year again but this time, wala nang take two

My Real Soul Mates

It's always been like this. I set myself up for a big disappointment. I guess I'm getting kind of used to it. With every crush, affair, relationship I have, I end up losing something, a part of my romantic side I guess. I believe less in love stories and my idea that there are no romantic soulmates out there is reinforced.

But there is one thing I continue to believe in: that although other people will let me down, my friends never will.

Threz, my relatives who I have come to consider as my confidantes. They know my every bad habit, good habit and everything in between. I will never forget our summers in Las Piñas and Cuenca. They have thrown me the best surprise birthday party I can remember, food fights, music and yes, our As. Over the years, we've had our ups and downs but somehow, we found a way to be there for each other. Thing have changed for all of us, we've been separated by the International Date Line and the Atlantic Ocean but somehow, to quote Michael Corleone from The Godfather movies "They pull me back in." I will always keep the letters written in cardboard, toilet paper, stationery and even cigarette packages that have been clandestinely delivered to each other. I will also cherish the late night conference calls and constant taunting and looking out the window with a faraway look in our eyes, thinking of cavemen. I will always find myself singing "Jingle bells, jingle bells it's Christmas time in the city..." in the middle of May and will abuse my vocal chords by reaching the highest notes of the Les Miserables soundtrack. I will look forward to the day that we will laugh at the times that our screams reached the other end of the solar system.

Kahit na anong mangyari, kahit na saan ka man patungo.

The Toxic Nips, who have been there with me during the toughest times of my life, going through adolescence with me. They have gone through the rebellious stage, teeny-bopper stage (well most of them) and the toughest Article 36 days with me. I could never have made it through high school without you. You gave me something to go home to every weekend when I was in college and now, I have a date to look forward to at least once a year. Even though we only have one barkada picture, that one picture holds a lot of memories.

Don't even have pictures, just memories to hold.

Grow sweeter each season as we slowly grow old.

My college blocmates, the future founding members of the EENG Law Offices, and SocioSoc. These people literally gave me a life back in college. While the Toxic Nips gave me something to go home to, you gave me something to look forward to whenever I went back to Los Baños. You have given me survival skills, boosted my self-confidence, showed me how to deal with all kinds of people and professors. You taught me to think outside the box and prepared me for law school in ways I could never imagine. We shared our dreams over bottles of alcohol and somehow we could solve the world's problems when we were drunk. I still have the Fundador bottle from one of our final rites. That bottle holds a message for me. There are others out there who share my dreams of turning this world into a better place for future generations.

But it's always you I run home to... take me home back to where I am free

My Poor People (you know who you are), law school was an adventure because of you. Although I got left behind, you're standing there in the finish line, cheering me on. You kept me grounded and always knew how to make me laugh. You made law school bearable when I couldn't see the point of going on. We shared the tears, laughter and craziness. Thank you for your patience and the company. I miss the library sessions, sneaking in Hot Shots and tikoy, movie dates in the middle of the week, study sessions in the field and in our kuta and classroom hopping. I look forward to September every year for our traditional night of good food, good music and good company.

Salamat, at may gabing nakalaan sa konting kasiyahan.

The June 21 Club, through all the silent dinners, races to the bathroom, torta days, ninja moves and threats of adoption. You have given a whole new meaning to "There's no place like home." I am happy and proud to call you family.

I'll be alright as long as it matters

As long as you're here with me now

Of course, who would forget the Garfield Group and Friends. The people at the far side of the Law Lecture Room where the food flows endlessly and the laughter is constant. Where you would hear the other people singing Hiram or Part of Your World from the other side and laugh silently without anyone noticing. The Garfield Group, who stand by each other through embarrassing recitations, pink tops and ten-foot high cases. According to Pambie, between our seats, there are no spaces.

You were there when I needed you.

You were there when the skies broke wide, wide open.

These people are my soul mates. We're interested in the same things, we enjoy each others' company, we speak the same language and Fate brought us all together and made our lives happier.

Motion to amend previous blog

After including the classic "Hiram" in my blog playlist (refer to previous blog Classic Poli Moments), I have realized that I have been singing the wrong words all along. The chorus goes

Di ba, ako'y tao lang na nadadarang at natutukso rin...

Please accept the line as my apology for the wrong lyrics. Although I have no idea what nadadarang means so instead of singing something undefined in my world, I will sing my own version...

Di ba, ako'y tao lang na nangangarag at natutukso rin...
Di ba, ako'y tao lang na nawiwindang at natutukso rin...

Take your pick.

Classic Poli Moments

Gem: Ang weird talaga ng classmates natin...
My comment: lalo na pag poli

Nikki: Parang laging happy si Commissioner. Ano kayang nasisinghot nun?

Examples:
1. Di ba... ako'y tao lang na nasasaktan at natutukso diiiiin... (Lalaki ang kumanta)

2. Up where they walk, up where they run.... Up where they stay all day in the sun!!! (Lalaki din ang kumanta pero mataas na boses)

3. In the midst of silence, while everyone was cramming, a voice is heard from the other side of the room... SIYEEEEEEEET!

4. During the recitation of Tuning's seatmate... "Ang ganda ng tsinelas ni Tuning's other seatmate... pearls.
Make a pearl... make a song... make a book..."
Kai: Hay naku, Nikki. Nadadaig ang Da Moves mo. Bukas mag-diamond na tsinelas ka!

5. Rene V.: Ang ganda ni Miss Rosario ngayon... Grooving groovy!

6. Rene V.: Mister Sanchez, what do you think? (No one stands up or answers. Kasi wala palang tao sa upuan ni Mr. Sanchez)

7. Rene V.: Mister Carlos, can I ask you a favor? Sana next meeting mabura na itong nakasulat sa board (permanent marker kasi ang ginamit ni sir). Sabagay, ako din naman ang may gawa nito.

8. Tuwing papasok na si Commissioner (kahit exam), someone from the class starts to say Siiiiiiiiiiir...


It has been a memorable last first semester.

Objects of Covetousness

pambie said, it is man's nature to be covetous. here are actual occurrences that may prove her point...

1. gem: sige na, pag pinahiram mo kami nung notes mo, dadalhan ka ni nikki ng cookies

tuning: pwedeng yung nandun nalang sa box na yun (pointing to my brownie from claire)

nikki: o ayan ha (handing the brownie), show of good faith yan.

tuning inhales the brownie

tuning: uy, thank you. masarap ha. wala bang water.

pambie: one point ka ha, sister.

kai: ang da moves ha!

the next school day:

gem: mr. (tuning's last name) ito na yung notes mo. thank you. (handing the cookies and the notes)

tuning: wala na ba kayong hihiramin?

2. sa barrister office

nikki: hoy, tirhan nyo si claire at si gem

shurl: ubos na eh!

sinong umubos?

3. online this morning:

nikkai: bawal na ubusan sila gem at claire ha. 12 pieces yun, tag 3 kayo.tapos isang box kay shurl. hihihi

Seester: 3 sa akin from you. tapos hingi pa ako ng cookie kay moomy shurl!

nikkai: ay may tawag na dyan! hehehe

Seester: gahaman

nikkai: sakim. corrupt.

Seester: greedy

nikkai: MASIBA

Seester: covetousness

4. leg med

tuning: parang lagi kayong madaming food

pambie: kasi may potluck kami. picnic area yung side namin

tuning: pwede ba lumipat sa inyo? may upuan pa ba dun?

nikki: ha?

5. grave scandal by the gym

two first years went out of the classroom (a couple). the girl was pretty and according to pambie, she looked like she thought of law school as a finishing school kasi laging ayos na ayos.

the girl was smiling and according to gem, the smile looked well... covetous. the boy led the girl past us, toward the dark area behind the gym, beyond the yosi area by fior.

after 15 minutes, they were back in their classroom.

gem: ambilis naman nila
nikki: kaya nga quickie eh.
resly: lagi syang nakaskirt ano?
gem: para easy access.

6. CR escapade during poli rev... tuning sitting on a bench near the drinking fountain by the restrooms and smiles at the girl in blue walking towards him (AKO!!!):

nikki: tinawag ka.

tuning: di nga?

nikki: oo nga. then walks away... a few meters later (wow, ginawang time ang meters)

tuning: tamang-tama pala na lumabas ako

nikki: ha?

tuning: sakto yung labas ko

nikki: joke lang yun.

paglabas ko ng CR

nikki: bumalik ka na sa loob kasi sabi ni sir tatawagin ka na niya.

tuning: di din ako makakarecite ngayon. *coughs* (awww, he's sick)

di ko alam kung hindi siya makakarecite dahil gagayahin niya akong nawalan ng boses o dahil nakatulog sya dahil sa cough medicine kaya di nakaaral. but anyhow, natuluyan ang lagnat nya. absent sya kay duduy eh. sayang di nya nakita ang skirt ng seatmate nya (see no. 6).

6. funny classmate: nahaharass ka na ba ni seatmate mo?

tuning laughs and seatmate cries, according to the storyteller

tuning's seatmate covets him. that is the only conclusion i can come up with.

of course, being my friend, kai said, "hindi yan. mas kulot ka naman dun."

thank you for the vote of encouragement, kai. and thank you, sisterrific for saying that it is natural to covet. that way, walang guilt pag nag-da moves ako. hehehe

*dudung, kalbo and tuning-- nicknames for people that we covet (by we, i mean pambie, kai and myself). ambabaho ano?

"Da Moves"

It's been a while since I felt this way.

All I want to say is thank you to the person who brought the feeling back and unknowingly offered himself to be my guinea pig so I can practice what Kai calls DA MOVES.

Tonight, there was deliberate intent.

Pambie: I think liligawan ka nya. Hehehe

Nikkai: napaka-assuming naman ng "i think" mo. wala naman overt acts to show intent.

Pambie: Dinedeclare ko na at kino-covet for you. Hehehe.

Dyos ko, Sisterrific. Mag-dilang anghel ka sana.