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Copyright Law
I just wanted to take a break from studying the Intellectual Property Code to make the following statements: 1. I am enrolled in summer school and only have less than a month to study the laws on intellectual property and conflict of laws. 2. I skipped some provisions of the IPC to get me to study first our copyright law which is close to my heart.
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On Claiming It
We have this professor who assigned us 37 Supreme Court decisions to read and memorize for recitation yesterday. If you’re a law student, you would know how close to an impossible feat it was. Why? For one, we have other, equally important and tedious subjects. Second, we are working on week days, we don’t have the luxury of time to study 24/7. Lastly, he was asking us to devote our memories for this. What what he wanted us to do was to know each case by heart and yet each case has its own characters, its own nuances, and sometimes, its procedural setbacks. Not to mention that the length of each (one was 24 pages and it was the SCRA I was reading) is a challenge in itself.
So while was poring over the stack of SCRAs on my table last night, I was quietly praying that I be called on Mayer Steel Pipe Corporation v. CA because this was a case that I was confident enough to recite. What made this case unique was that the insurance company was assailing the insurance claim on the damaged cargoes because, according to them, under the COGSA, the prescriptive period lapsed.
However, the SC held that although Section 3(6) of the Carriage of Goods by Sea Act applies to the insurer, it meant that the insurer, like the shipper, may no longer file a claim against the carrier beyond the one-year period provided in the law. But it does not mean that the shipper may no longer file a claim against the insurer because the basis of the insurer's liability is the insurance contract.
Come recitation day, the Universe was kind enough to call me on this case and though my recitation wasn’t perfect, at least I got what I wanted.
There really is some science on attracting what you want --- I kept thinking about Mayer before going to sleep, during breakfast and while the cases were being ticked off on the case list. When Mayer was chosen as the next case, I was the one my prof called for.
It was surreal. I should do this more often.
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What is enough?
My Civ Pro prof, brilliant, passionate, witty, eloquent - once said we should want to be a lawyer so much, badly enough. "You have to want it so badly," he emphasized, while I watched his fist clenching and passionately moved by his words. I merely watched, but couldn't share the same degree of passion he felt as he walked to and fro in front of our class, discussing this and that with a few pep talk moments in between. I want to be a lawyer, of course. But not enough to attend class every meeting, not enough to stay up late reviewing, not enough to shed blood for it as some of my classmates do. I don't want to make it my be all and end all. Yes, it's frustrating that I will never be at the top of my class every semester but I am not in the bottom either. Some people have made law school the center of their universe while I treat it as an advantage over those who don't know much about the law.
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Rant
Law school is like a leash. It doesn't give you the freedom to roam too far from it, because at the back of your mind, it nags you to stay where you are and read because you would rather study than do anything else, right? Whether you like it or not, it channels your brain to study like mad, study in your free time, remember what you studied in your sleep, pepper your conversations with what you studied... This better be worth the hassle, Universe. Because I gave up my youth for this. I gave up so much for this.
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on Reserva Troncal
The question for me is more of why do we still have this law? I couldn’t agree more with Mison when he described this practice as “feudal”. It’s feudal, outdated and purist.
One wants to question its very purpose:
“Reserva troncal is a special rule designed primarily to assure the return of a reservable property to the third degree relatives belonging to the line from which the property originally came, and avoid its being dissipated into and by the relatives of the inheriting ascendant.”
Why the law wants property to stay in the same familial line is beyond me.
To determine reservable property, here is how the Mendoza case explains it:
“The principle of reserva troncal is provided in Article 891 of the Civil Code:
Art. 891. The ascendant who inherits from his descendant any property which the latter may have acquired by gratuitous title from another ascendant, or a brother or sister, is obliged to reserve such property as he may have acquired by operation of law for the benefit of relatives who are within the third degree and belong to the line from which said property came.
There are three (3) lines of transmission in reserva troncal. The first transmission is by gratuitous title, whether by inheritance or donation, from an ascendant/brother/sister to a descendant called the prepositus. The second transmission is by operation of law from the prepositus to the other ascendant or reservor, also called the reservista. The third and last transmission is from the reservista to the reservees or reservatarios who must be relatives within the third degree from which the property came.15
The lineal character of the reservable property is reckoned from the ascendant from whom the prepositus received the property by gratuitous title.
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It's sad that we have to pretend we don't exist in each other's lives.
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There's a reason why I write
It’s. Because. I. Cannot. Talk. In. Front. Of. A. Crowd.
If you know me well enough, you’ll know how I never get used to reciting because public speaking renders me inarticulate. Everything I know disappears into thin air the moment I stand up to face the prof and I end up stammering to answer the question. Yes, the question. What was it again? I become an idiot the minute I rise up from my comfort zone in the classroom when I am singled out of the crowd.
I want to tell the prof I am not as stupid as I recite, no. I just lose all of my self-esteem in one go when I stand up.
Perhaps because in UP, we were never called to stand up to recite. If we had an opinion, we raised our hand and said it. We were never uprooted from our chairs.
I guess I will never get used to recitation. Never.
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Time for Sale
As I study for tomorrow’s classes in this hotel’s cafe while I wait for my mother, I notice several men outside, doing nothing. I see beggars waiting for alms. I see women and children staring blankly, perhaps with nothing in mind.
I envy how much time they have at their disposal.
If only the time we have in this life is transmissible, or at the very least, can be sold or traded, I would be the first to create the queue. I would stand in line, patiently waiting for THE sale. I would save a portion of my earnings to buy what other people have in excess of - time.
Because I never have enough time to do anything. I never have enough time to study well, to read all the books I’ve bought, to climb mountains, to sleep, to savor every little bit of an activity that I’ve always wanted to do.
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The State or any of its subdivisions, is incapable of death. (Mison, 2010) 😋
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Can you honestly love a dishonest thing?
John Steinbeck, The Winter of Our Discontent
(via wordsnquotes)
Such a valid question.
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Q: How are you spending Valentine’s Day?
A: I have classes on Valentine’s Day.
One of my professors last week emphasized we’ll be having classes on hearts day, “magdamayan nalang tayong walang mga date,” he said. Hahaha. And that if anyone gets absent, it’s #alamna. And that why should anyone be absent, when he said we all know the celebrations are at night anyway. More laughter.
As for me, why can’t we just skip this weekend?
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Dear Mr. Agpalo,
Your book was on sale in that red bookstore that produces mostly hardbound books that cost a fortune- perhaps it was one of the last remaining copies. Fortunately, I got it for a hefty discount.
Thank you for conceiving such a book, it helps me find definitions for legal terms quite easily with Supreme Court references at that.
The thing is, it needs to be updated. And I also suggest that you insert some definitions from Black’s Law Dictionary.
But how can I reach you?
Your avid fan, AC
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Lately also I have been worrying about how I am supposed to fill in the hours for my internship. My law school requires its students to render at least 200 hours as an intern in any legal office and produce outputs as such. The problem is, I am working while studying and I can only render hours as an intern outside of my working hours. Of course, my job comes first because it’s my bread and butter and school only comes as a close second.
This afternoon, I saw an opportunity, took it up with my supervisor and he right away discussed it with our director who was very very supportive about everything.
I am thanking Him up there for throwing me in this job and the wonderful, supportive and generous people I am surrounded with. I could barely talk awhile ago because I was so overwhelmed by how accommodating they were and they even suggested how I can achieve an internship without giving up the small space I occupy in my division. They even suggested how I could produce a paper even though it is not essentially required. It may be a long shot but now that they brought it up, I'm looking at the possibility of having a paper published in line with the program.
Miracles do happen. All you have to do is ask. It’s true what they say about how He grants what we have the courage to ask for. Believe it, because it just happened to me.
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There is a word I dread thinking of these days.
It’s (the) future.
It’s weird how one word can scare the living hell out of me because whenever I plan about it, and build my life around it, and try my best to make everything right now work for it, there are some things that simply don’t fall into plan and I find myself disappointed and oftentimes, frustrated.
How I see myself five years from now for example is this: I am already a lawyer, I am studying abroad, I am thinking of marriage, I am wanting to have kids.
Yes, in that order.
And yes, each one is a prerequisite of the latter.
So if the first prerequisite is unachieved, everything will stall. And I have no back up plans whatsoever. God knows that I will be most unhappy if I don’t get all. All gamblers are a winner takes all kind, right? And I am right here, gambling, gambling, my heart racing each time, thinking how these are the games that I simply cannot afford to lose.
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