#2011 13 rtc

[boogflake]

One culture here? Join the choir!

[civilcodearticles]

Article 96. The administration and enjoyment of the community property shall belong to both spouses jointly. In case of disagreement, the husband’s decision shall prevail, subject to recourse to the court by the wife for proper remedy, which must be availed of within five years from the date of the contract implementing such decision.

In the event that one spouse is incapacitated or otherwise unable to participate in the administration of the common properties, the other spouse may assume sole powers of administration. These powers do not include disposition or encumbrance without authority of the court or the written consent of the other spouse. In the absence of such authority or consent, the disposition or encumbrance shall be void. However, the transaction shall be construed as a continuing offer on the part of the consenting spouse and the third person, and may be perfected as a binding contract upon the acceptance by the other spouse or authorization by the court before the offer is withdrawn by either or both offerors.

Flores vs. Spouses Lindo, Jr.

G.R. No. 183984

13 Apr 2011

Facts:

On October 31, 1995, Edna Lindo took a loan of PHP 400,000 from Arturo Flores, due by December 1, 1995, with a 3% monthly compounded interest and a 3% late payment surcharge.

To secure the loan, Edna executed a Deed of Real Estate Mortgage covering property owned by her and her husband, Enrico Lindo, Jr. She signed on behalf of herself and Enrico, as his attorney-in-fact.

Edna issued three checks as partial payments, which were dishonored due to insufficient funds.

Flores filed a Complaint for Foreclosure of Mortgage with Damages against the Lindos in the RTC of Manila, Branch 33.

On September 30, 2003, the RTC ruled that Flores was not entitled to judicial foreclosure as the Deed was executed without Enrico's consent; the SPA was dated after the Deed’s execution.

The RTC stated Flores could recover the loan through a personal action against Edna but lacked jurisdiction over such action.

Flores' motion for reconsideration was denied on January 8, 2004.

On September 8, 2004, Flores filed a Complaint for Sum of Money with Damages in RTC, Branch 42.

The Lindos admitted the loan but claimed it was only PHP 340,000 and argued for dismissal based on improper venue, res judicata, and forum-shopping.

RTC, Branch 42 denied the motion to dismiss, leading the Lindos to file a Petition for Certiorari and Mandamus with the Court of Appeals.

The Court of Appeals ruled in favor of the Lindos, stating Flores could not pursue both foreclosure and collection actions, prompting the current petition before the Supreme Court.

Issue:

Whether or not Flores could pursue bothe foreclosure and collection action.

Ruling:

The Supreme Court ruled in favor of Arturo Flores, setting aside the decision and resolution of the Court of Appeals.

The Supreme Court emphasized that a mortgage-creditor has a single cause of action to recover the debt from a mortgagor-debtor.

The creditor can choose between filing a personal action for the collection of the sum of money or a real action to foreclose the mortgage, but not both.

The remedies are alternative, and each is independently complete.

[theboredenby]

Any form of R*de Th* Cycl*ne is harmful. I like the show, the characters are charming, the music is nice and the story is there. But I cannot ignore RTC's blatant ableism in previous and current runs. In the original song for Ocean "Play to Win" the C slur is used. In 2016, What the World Needs contains ableist imagery, and most versions of the US Tour throw the disability off. People like Kholby Wardell who speak to characters they have never once played, minimising obviously problematic content because "it was a different time." RTC first premiered at the Atomic Vaudeville in 2008. Facebook, Twitter and YouTube were around. In 2011 (only 13 years ago) the tour of Canada began. It is now 2024. There is a script that replaces genuine character plot for cheap "humour" to mask the ableism that is underneath. Yes, 13 years is a long time, but YOU WERE STILL ABLEIST??? And you are STILL ABLEIST IN 2024!! SO LIKE YOU CANT SAY LIKE IT WAS A DIFF TIME BECAUSE, THE ACTION WAS STILL BIGOTED. FUCK RTC.

Stop Defending Ableists Challenge (Level: Impossible)

So the other day I made a post listing all the ableist things Jacob Richmond has included in Legoland and Ride the Cyclone.

And the response was abysmal - the amount of "well actually..." kind of responses I got was disgusting and I took down the post because I find it counterproductive to argue with teenagers on the internet. However, I stand by the belief that if you think you are old enough to post publicly on the internet, you are old enough to be held accountable for what you post.

But I think what I had to say was quite important, so I am going to reword it here.

TW here for the discussion of ableism and ableist slurs (they are all censored)

There is ZERO (0) justification for the use of THREE (3) ableist slurs across both works. I don't fucking care if it was the 2000's. The ADA predates both shows and disability activism had existed for decades before that (as yannick very kindly reminded me). So no, it was not ok for Richmond to use those slurs in his works, regardless of the time period. Because there is nothing "correct" (politically, or otherwise) about ableism.

And before you say "Oh, but it was the character who said it, not the writer..."

CHARACTERS ARE NOT SENTIENT BEINGS! They are not created in a vacuum. Their thoughts and actions are often a reflection of the author's own beliefs and morals.

It was not Ocean who decided to use the word cr*pple. It was Jacob Richmond who decided to use it. Same with the r word and sp*z in Legoland. It wasn't Penny and Ezra who decided to use those words, it was Jacob Richmond. Because each character's actions are dictated by the decisions that the author makes for that character. And in this case, the author decided to be an ableist asshole.

Yes, characters can be assholes. They can be complex and nuanced beings. But there are better ways to portray such experiences than being violently ableist (i.e.: without using slurs). And why does the ableist character get complexity and nuance, but the disabled character is simply the sad, disabled kid, with not much else in his personality until he magically becomes abled bodied. Like we deserve nuance and complexity as well, people!

In a 2022 interview with Curtain Call Bway (here), when asked who his favourite character to write was, Richmond responds with the following:

Ocean is definitely my favorite character to write because it’s based on certain people I’ve met and certain aspects of myself too.

Like he literally admits it himself, that his decisions when writing an ableist character were based off aspects of his own personality.

The reality is, disability has never been more than a comedic plot point to Richmond. He has never cared about portraying a realistic disabled experience. He has never cared about disabled people.

And the cherry on top is that his response to yannick-robin being hate-crimed was to rewrite Ricky so that he could be played by an abled and therefore production teams wouldn't have to give a shit about ensuring their spaces are safe and accessible for disabled performers. If he actually cared about disabled people and properly representing our experiences, he would have worked with a disability consultant and fixed the issues within the show. Instead, he doubles down and causes even more harm.

To add insult to injury, he then licensed that script to Sarah Rasmussen and her team of ableist cronies for the DC production. Because him choosing to continue working with Rasmussen and her team just shows that he shares the same ableist values as the McCarter/Arena team.

So by saying that "its the character, not the author", you are defending Richmond and his violent ableism. You are attempting to justify the harm he has done and CONTINUES TO DO to disabled people. YOU. ARE. A. PART. OF. THE. PROBLEM.

Ride the Cyclone and Legoland (in ALL its forms and versions) contains so much ableist violence. This violence has traumatised REAL PEOPLE, but yannick, myself, and other people speaking out are the ones ruining the vibe by calling it out? Be fucking for real people.

Now if only my university papers were this thorough...

[phgq]

No tax evasion on local franchise dispute with Makati: Smart

#PHnews: No tax evasion on local franchise dispute with Makati: Smart

MANILA -- No tax evasion was involved in the recent legal victory of the Makati City government against telecommunications firm Smart Communications, Inc., an official said.

Ramon Isberto, head of Smart's Public Affairs, said in a statement released Tuesday that it was merely a dispute on the local government's assessment of PHP3.246 billion for deficiency franchise taxes and fees for the years 2012 to 2015.

“This case stems from a dispute over the correct assessment of local franchise taxes (LFT) by the Makati City government. Contrary to some published reports, it does not involve tax evasion,” Isberto said.

He said the Court of Tax Appeals (CTA) has not decided on Smart's LFT liability to Makati City but merely upheld a previous ruling granting the city's motion for production of records and various documents of the company in connection with the main LFT case pending with the Makati Regional Trial Court (RTC).

In a 13-page decision on Feb. 5, the CTA’s Second Division through Associate Justice Jean Marie Bacorro-Villena denied for lack of merit Smart’s petition questioning the Makati RTC Branch 113’s resolution granting Makati City’s motion for production of corporate finance documents of the company.

In a resolution dated June 28 last year, the Makati court granted the city’s motion for the production of Smart’s corporate documents -- which led to Smart bringing the case to the CTA.

The company claimed that allowing the Makati City government to inspect its finance documents is tantamount to permitting the city to a second audit in relation to its LFT payments for the years 2012 to 2015.

The Makati City government, on the other hand, claimed that the documents sought from the company were not confidential in nature to warrant non-production in court, stressing that the documents were made necessary by Smart’s failure to provide the city with a breakdown of gross sales/receipts of its branches.

The documents being sought include Smart’s general ledger, particularly the consolidated book for the years 2011 to 2014 and Makati branches and sales offices, sales book for the same period and cash register book, general journal book, application form and billing assessment from other LGUs, among several other financial documents. (PNA)

  ***

References:

* Philippine News Agency. "No tax evasion on local franchise dispute with Makati: Smart." Philippine News Agency. https://www.pna.gov.ph/articles/1093611 (accessed February 12, 2020 at 11:33PM UTC+14).

* Philippine News Agency. "No tax evasion on local franchise dispute with Makati: Smart." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1093611 (archived).

[tvtiokistwimicmptgxz-blog]

Drug Rehab Huntington Beach CA

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New Post has been published on www.therecover.com/drug-rehab-huntington-beach-ca/

Drug Rehab Huntington Beach CA

Drug Rehab Huntington Beach California

Are you looking for a drug rehab in Huntington Beach CA? Between 2005 and 2015, opioid-related visits to emergency rooms more than doubled from 20 visits per 100,000 people annually to 50 visits per 100,000 people annually. Between 2011 and 2015, more than 1,500 residents of Orange County died of an opioid overdose. The year 2018 has had an alarming rate of overdoses as well, as more and more young adults suffer from substance abuse.

Fentanyl is the most popular opioid when it comes to fatal drug overdoses. It is synthetic heroin that can easily get smuggled into a city via laundry detergent bottles, potato chip bags, etc. Fentanyl is cheap and can easily be found on the street or online. It’s extremely potent and very dangerous, especially when mixed with other drugs. Hydrocodone, oxycodone, morphine, methadone, hydromorphone, heroin, methamphetamine and cocaine are other popular drugs found within Orange County.

The increase in opioid abuse has to do with the increase of depression and anxiety among society. According to the ADAA, nearly 40 million people in the United States experience anxiety disorder annually and only about 1/3 of those who experience this disorder are able to find treatment for it. For children, anxiety disorders affect 25.1 percent between the ages of 13 and 18 years old. Not treating anxiety disorders shows an increase in poor school or job performance, non-interest in having a social life and engaging in drug or alcohol use.

There has been a lot of speculation lately about the introduction of social media and how much affect it has on a person from a mental and emotional aspect. Anything that affects a person’s psyche in a negative way can lead to anxiety and depression. In some cases, people who are experiencing depression and anxiety look to therapists or psychiatrists for treatment which most often leads to a bottle of pills and eventually substance abuse. Therapy groups and detox facilities offer the most beneficial support when it comes to depression and anxiety. Filling a prescription for a feel-good drug will typically end in addiction which just causes more problems than before.

Teen Drug Abuse

Teen drug abuse has increased due to the fact that drugs as whole are more accessible than they used to be. Drugs can be easily found online or dealers can be easily reached through texting. Legalization of marijuana in many states means that it is more accessible for teens to find in their homes. Vape pens also make it easier for teens to use the drug more discreetly at home or at school. Opioids are increasingly dangerous for teens because most of the time they come in prescription form which has been prescribed for pain. Most teenagers believe that since this medication was prescribed to them then it is safe to take. Unfortunately, this is leading to more addictions or more fatal overdoses.

Teen alcohol is on the rise as well and many teens have found very secretive ways to get a high such as soaking their tampons or pouring liquor into to their eyes to get alcohol straight into their blood stream.

Drugs affect teens differently than adults because a teenager’s brain is still developing. It will continue to develop until they are in their mid-20’s. The use of drugs can slow down the brain’s development and also can disrupt the chemicals in the brain. This can lead to some mental health problems like anxiety and/or depression.

It’s important to spread awareness about drug use because a lot of teenagers are not aware of the fact that prescription medications can be just as dangerous as other street drugs.

A Community Approach

Just like so many other county’s across the United States, Orange County is suing Purdue Pharma, which is the maker of OxyContin as well as Janssen Pharmaceuticals, and Teva Pharmaceutical Industries for making billions of dollars by marking painkillers to help patients and downplaying the addictive nature of the painkillers. Many Orange County drug rehabs have also had issues receiving payment from insurance carriers who are refusing to pay for some patients drug rehabilitation.

Orange County also has a National Council of Alcoholism and Drug Dependence (NCADD) group that creates and implements prevention tactics to help decrease underage drinking.

PATH, Positive Actions Toward Health is a community program that helps to create healthy and safe communities by reducing alcohol and drug use. Education, technical assistance and training is provided to all cities of Orange County.

To prevent the prescription misuse and over-the-counter (OTC) drug abuse, RX for Prevention was founded. This community-based service helps to spread awareness about what teens and adults deem as safe drugs because they are either prescribed or can be bought OTC.

To help with fatal drug overdoses in Huntington Beach, lifeguards and some beach managers have been trained in administer Narcan, a life-saving overdose drug that reverses the effects of an opioid overdose.

The Drug Rehab Process

Assessment

The first part of the drug rehab process starts with an assessment. An assessment is a series of questions that helps the facilities staff to understand a patient better. Many times a drug rehab center can help any patient that walks through their front door. In the circumstances that the facility cannot help, the center will usually direct a patient to one that can.

Assessments ask very general questions about drug use:

What type of drug is one using?

What is the history of drug use?

Are multiple drugs being used?

Is alcohol being used with the drugs?

Are there any preexisting mental conditions?

The assessment allows for the facility to recommend either inpatient or outpatient treatment for a patient. Honesty is important when answering the assessment as it helps to provide a more accurate treatment for a patient.

Intake

The intake includes a questionnaire that dives deeper than the assessment. The questionnaire asks about family medical, mental and drug history as well as the social environment of a patient. Again, it’s important to answer the questions as honestly as possible.

During the intake part of the drug rehabilitation process, a patient is admitted into the facility. During which, the patient will go through a baggage check to make sure they do not have any items that are no permitted into the facility. Financial arrangements will be made at this time too.

A physical exam and a urine test will be administered to check for drug usage and possible underlying symptoms. The doctor will also check to make sure that the body can withstand withdrawal symptoms.

Detoxification

The third part of the drug rehab process is difficult for a lot of people and a big reason why many people turn away from treatment. Detox cleanses the body of all drugs and usually lasts 4-7 days. This really depends on what type of drug is being used and how long drugs have been used. If a patient who is admitted into a facility is not using drugs at the time, detox isn’t necessary. To locate a drug detox in Huntington Beach use the addiction helpline and ask for local references.

Withdrawal symptoms create a struggle from patient’s in treatment because they can cause a lot of physical, emotional and mental anguish.

Headaches

Fatigue

Insomnia

Muscle tension/cramps/aches

Depression

Anxiety

Nausea/vomiting

Nightmares

Hallucinations

Sweating

Trembling

Drug craving

The intensity of withdrawal symptoms ranges from severe to tolerable based on a few factors:

Prior drug use

Type of drug

Mental health issues

Physical illness

Personal pain tolerance

In severe cases of drug withdrawal, a doctor will prescribe medications to help with the symptoms such a Methadone. Patients are not usually taken off a drug all at one (the cold-turkey method) and are usually weaned off little by little to help with any harsh symptoms that could occur. In instances where a patient is withdrawing from opioids which have the harshest symptoms, medication is given to the patient to help with withdrawal symptoms.

Inpatient Drug Rehab Treatment Huntington Beach

There are two types of treatment in every drug rehab facility. The first type is called inpatient treatment. This type of treatment is for patients who need around-the-clock care and need to be admitted into a facility. Most drug rehab centers call this RTC, Residential Treatment Center.

Inpatient drug rehab treatment in Huntington Beach or RTC is designed for patients who have just come out of detoxing. Detoxing is for cleansing the body while RTC cleanses the mind. RTC deals in many types of therapies but one of the most beneficial types of therapies is called Cognitive Behavioral Therapy (CBT). This type of therapy is for patients who have a lot of distorted thoughts. Distorted thinking happens during depression or moments of anxiety. The more a person is depressed or suffers from anxiety, the more a person starts to think in a distorted pattern. A patient may believe that everyone is out to get them (emotional reasoning) or that they are failure in life (personalization) or that there is no help for them at all (all-or-nothing thinking). This is only three types of distorted thinking patterns, there are 7 more. Each of them has its own effect on a person’s mind which in turn affects a person’s relationships. Distorted thinking can also affect ones performance at work or school which can cause someone to feel like they are unworthy. These are all patterns that can lead to drug or alcohol use. CBT takes a person through their past, step by step to find out where distorted thinking originated and why a person started using drugs. CBT helps to uncover triggers that can lead to drug use or drug addiction. It is just one type of therapy. There are many other types like group, music and art therapy.

RTC is a 28-day program that admits a patient into the facility. Some patients stay longer and it all depends on the doctor’s recommendation. While at the facility, there are recreational activities that patients are free to explore such as painting, meditation and yoga. All of which, patients find relaxing and calming during their recovery.

Huntington Beach Outpatient Treatment

Outpatient treatment in Huntington Beach comes in two different forms. The first one happens right after RTC and is called PHP, Partial Hospitalization Program. PHP is a program that takes place at a drug rehab facility for 6 hours a day, 5-7 days a week. PHP helps patients to find what coping skills are beneficial for calming triggers that lead to drug use. Since people are different, coping skills range from drawing to writing to playing music to exercising. PHP includes both individual and group therapy.

IOP, Intensive Outpatient Program is the generally the last treatment option offered for a patient who has already under gone both RTC and PHP. IOP takes places at a drug rehab facility 3 days a week for 3 hours a day. It is highly focused around group therapy. In fact, it is generally considered as an introduction to support groups. Coping skills are encouraged throughout the duration of IOP as well.

The length of both treatment options will be recommended by a doctor. PHP can last as little as a week or up to six weeks while IOP usually last between 12 to 16 weeks. Long term drug rehabs can last from several months, and as much as a year for those who wish to attend.

Sober Living Houses

Sober living houses are half-way houses in between rehab facilities and a patient living independently on their own. Residents are free to come and go as they wish and are free to outside activities such as being employed or going back to school. Patients can learn about these homes while still in the RTC program and will most often get a list of resources that are helpful for when a patient is released. There are many rules for sober living houses but the most important rule is to stay sober. If a patient drinks or does drugs while living in one of these houses, the drug rehabilitation process has to start all over again. A sober living house is a great way for someone who is recovering to regain their footing again.

Aftercare

Within the three programs mentioned above, aftercare is heard among all of them. Aftercare is the ability to care for oneself after they have been released from all three programs. Preventing a relapse is the number one goal for recovering from drug or alcohol addiction. It’s also important to know that there is absolutely no cure for addiction. People who are in recovery will need to be recovery for the rest of their life because temptation to use drugs or to drink will always be there.

Here are three great ways to avoid a relapse:

Stay Busy

Staying busy is a good way because idle hands mean idle play which can lead someone who is recovering to find themselves bored. Boredom creates the desire to give into those temptations that wish to see all of us fail. Staying busy by working, going to school or entertaining a new hobby is the perfect way to say no to temptation and boredom.

Join A Support Group

Support groups are full of amazing people who are trying to do the same thing, stay sober. Therefore, they are perfect for getting the support one needs to be able to stay away from drugs or alcohol. Support groups are full of people who want success so everyone wants to help everyone else. These groups are also full of people who will sponsor others. Sponsors are generally recovering addicts who have been in the program for many years and have a great track record of staying clean. It’s important for anyone who trying to maintain their sobriety to join a support group and attend it regularly.

Creating a Relapse Prevention Plan

A great way to create a relapse prevention plan is to handle trigger or warning signs. Handle negative emotions by talking to friends or a family member who is reliable. Negative emotions are ones that make us feel bad such as: stress, guilt, shame, fear, anger, depression, vulnerability, rejection, loneliness, anxiety and embarrassment. It’s important to stay away from old friends who is still using drugs and from the social pressures to use drugs. Positivity in everything a recovering addict does is the most important way to create a relapse prevention plan. Triggers need to be defined so that when they flare up, they can be managed without using drugs to satiate them.

Eliminating Triggers

To eliminate triggers, it’s important to define them first. If a person doesn’t know what triggers them to use drugs, it is hard to know what to do when it happens. Triggers can be anything. They can be feelings or emotions from the past, present or even future. They can be self-defeating thoughts. Whatever the trigger is, it needs to be defined so that coping skills can be created to help eliminate the trigger.

Eat Healthy and Exercise

When the body isn’t getting the right foods that contain minerals, vitamins, fiber and protein it can start to affect neurotransmitters such as dopamine or serotonin and throw off the chemical balance in the brain. What we eat affects these neurotransmitters because the stomach acts as a second brain. Example, Ninety percent of the body’s serotonin is made in the digestive tract. Eating a healthy amount of fruits, vegetables, lean meats and whole grains provides a good way to stay healthy and keep those neurotransmitters working right. Exercise is a good physical outlet that helps not only to avoid boredom that can trigger a relapse but also keeps one busy.

Yoga and Meditation

Yoga and meditation are elements that one usually learns about while in RTC. Drug rehabilitation centers have been implementing both into their therapy methods for years. Yoga helps to balance the mind and body while meditation helps one to de-stress through breathing exercises. Both are important to the body, mind and soul and they are both excellent ways to stay on track and avoid a relapse. Yoga comes in many fun poses like Eagle or Tree pose while meditation can be done with music, words, chimes or even in silence.

Relapsing

Forty-sixty percent of recovering drug addicts relapse according to the NIDA, National Institute on Drug Abuse. Relapses happen and once they do, there is no going back. They can’t be swept under the rug and they can’t be ignored. It’s important to own up to the relapse and to get back on track again. It’s also important to know that many people relapse so it’s doesn’t have to feel lonely. Staying sober can be difficult because not only is there so much temptation in the world, there is also so much stress in the world. It can be overwhelming. When a person leaves rehab, they are leaving the safety and comfort of knowing that someone is there to catch them and pick them back up again so they can keep moving forward. When a person is free to fly solo, it can be extremely hard to stay on top of everyday life. Relapsing isn’t an ending. It’s the chance to start over again. Recovery is a life-long process and some days will feel easy and some days will feel hard, just keep moving forward.

Huntington Beach California

Huntington Beach is located 30 miles south of Los Angles, in Orange County. It’s most famous for its sandy beaches and surfer culture. Known as Surf City, it has a population of 201,874 people and a 9 ½ mile long beach. Lead singer Dryden Mitchell from the band Alien Ant Farm resides in Huntington Beach. Violet Cowden, a member of the Women Airforce Service Pilots and aviator during World War II also resided in the beach city.

There are so many fun things to do in Huntington Beach such as the International Surfing Museum. The museum displays the world’s largest surfboard which is 42 feet long. Since the city is known for its amazing beach and is a hot tour spot for surfers, there’s no question that the city also has amazing sunsets. These sunsets can be seen on an old pier that’s been destroyed by three storms and an earthquake. Reinforced by steel, it’s now stronger than ever and is listed on the National Register of Historic Places.

With amazing beach sunsets and surf-loving fun, Huntington Beach is a top hot-spot for summer vacations but it’s also becoming a top hot-spot for something else too, drugs. Much like other counties across America, Orange County is feeling the effects of the opioid epidemic. In 2017, Huntington Beach took the lead for hospitalizations for drug use and fatal overdoses in all of Orange County. In the county, 66.8 percent of drug-related overdoses are caused by prescription based opioids and 75 percent of those deaths are purely accidental. For information regarding California drug rehabs click on the highlighted link and find out more about treatment options.

If you or a loved one is struggling with substance abuse in Orange County and want to find a drug rehab in Huntington Beach, contact our helpline now to discuss your treatment options.

ift.tt/2TswAvr

Posted by Estela Ellison on 2018-11-20 16:27:27

Tagged:

The post Drug Rehab Huntington Beach CA appeared first on Good Info.

[thewebofslime]

A SUSPECTED religious cult leader in Mambajao, Camiguin was arrested by police on Tuesday, September 24, for allegedly turning the daughter of his member as sex slave since she was 13 and for detaining her while she was trying to escape. Armed with an arrest warrant issued by Branch 28, Regional Trial Court (RTC) in Mambajao town on Tuesday, police arrested cult leader Petronilo Magallon, 75, and the victim’s aunt Gloria Marimon, 54, for six counts of rape and serious illegal detention charges. Authorities said the victim (identity withheld) was repeatedly abused since she was 13. She is now 22. Magallon allegedly organized and led a cult called “Gamhanang Ama”. His followers call him Ama, believing him to be the God and creator of the universe. The cult members are meeting up on Saturdays. The victim’s mother, grandmother, aunties, uncles, and cousins, including her aunt Gloria are also members. In February 2011, the victim went with her mother to celebrate Magallon’s birthday. When the visitors were eating, the victim said her aunt Gloria told her to go upstairs “upon the order of Ama”. She was then told to go inside a room and undress because “Ama wants to have sex”. When she protested, her aunt got mad and told her not to decline the request of the “owner of the universe.” Against her will, the victim was forced to have sex with Magallon while her aunt was watching. Since then, Magallon would allegedly rape the victim every time he wanted to have sex. In April 2014, the victim tried to escape but was caught. As a result, she was detained for a month inside a room and allowed only to go out to eat, defecate, and take a bath, but always under someone’s watchful eyes. This went on until May 20, 2019 when the victim successfully escaped. Upon her checkup, she learned she got a sexually transmitted infection. For his part, Magallon denied the allegations saying it was impossible for him to rape the victim since he has erectile dysfunction. However, Provincial Prosecutor Jonathan Pacuribot said the prosecution found sufficient evidence to engender a well-founded belief that respondents conspired, confederated, and mutually helped one another and should be indicted for 6 counts of rape and serious illegal detention. The court did not allow the suspects to post bail. Although the victim alleges she was raped many times, the prosecutor said they are only considering the incidents with the dates. Pacuribot said the victim is under the protection of the Regional Prosecutor’s Office. “Hatagan namo ug protection kay mismo iyang mama mo-testify against sa iya,” he said. The two suspects are currently detained at Camiguin Provincial Police Office.

[boogflake]

2010-2013 RTC redraw :)

[sherleneschlapp-blog]

FALSE:: MISTAKE: UNSUPPORTED ENCODING

If i set 2013 in the year, the times (monday, tuesday ...) displayed are wrong. Prior to he got in Recuperation Functions, the Georgetown therapy center, Patrick had been actually staying in an apartment his parents owned. Than one thing occurred (no suggestion what) but opportunity no longer will definitely spare nor Arduino can easily retrieve opportunity from the RTC. When it happens to programing the Arduino, I'm a comprehensive novice. Thomas Andrew, fotógrafo neozelandés nacido en 1855 que realizó su actividad en Samoa aportando documentos fotográficos sobre Los Angeles vida en las islas an endings del siglo XIX y comienzos del siglo XX. También tomó la famosa imagen de la huella de su pisada en la luna. Durand fue aprendiz de un grabador 1812-1817 y más tarde se hizo socio del propietario de la empresa, quien le pidió que se encargara de una sucursal de Los Angeles firma de Nueva York. Compró una casa destartalada, apodada "Rat Abbey", y vivió allí desde 1826 hasta 1835, representando el área como un lugar semi paradisíaco, misterioso y visionario, que a menudo se muestra en tonos sepia bajo la luna y las estrellas. It found that a lot of states' Medicaid courses either won't purchase drugs like methadone, location dosage restrictions on an individual's prescribed for buprenorphine or even demand guidance that might be actually inaccessible. For policymakers, refusing hookeds the best clinically tested therapy lugs no political price. If you can try this out only preferred a larger clock, Sure carry out a bigger version of the 2416 panels that use 5mm LEDs. For detoxing hookeds without access to Suboxone, Droege House provides the Big Publication and also several NA or even AA meetings each day in its own small bar. Entre sus estudiantes famosos se cuentan Fernand Khnopff, Kenyon Cox, Félix Vallotton, Ernst Friedrich von Liphart, Georges Rochegrosse, el pintor paisajista de origen escocés William Hart, Walter Lofthouse Dean, y Edmund C. Tarbell, pintor impresionista estadounidense. The reports reveal that Patrick went into Recovery Functions on drug, having skyrocketed on the morning of his appearance. Fight it out had actually come to work at Droege as a way to honor her sibling Josh, 28, who fatally overdosed on drug on January 13, 2011 - six times after accomplishing a 45-day rehabilitation in Cincinnati. 5. a- Terms mode: always shows Twelve clock for 1 sec, after that the real time for 1 sec etc. I carry out don't forget those bars on Playground Ave also, but they were long nearby the amount of time I was actually old adequate to go. I would enjoy to deliver a set of these panels, as I possess an additional collection, to anyone who will be interested in servicing a code translation that will properly run Chip's Pong Clock. Depending on to the medical facility, treatment coupled along with therapy is actually one of the most effective type of therapy for opioid dependency. There was a mens clothing retail store that possessed an awesome title, now I can not keep in mind the title of it. Birthed in Ft Lee, New Shirt, Bakunas stopped his project as a health and fitness center educator at Tenafly (N.J.) High School in 1974 and also set out to burglarize the movie sector. Some hookeds transitioning away from Grateful Lifestyle may likewise receive real estate assistance if they comply with specific requirements. I do not have time to code it all in today times. Some 12-step-based halfway homes have actually even rejected to enjoy Hazelden grads.

[krrw2020]

Calida insists Trillanes has no application for amnesty

MANILA -- Solicitor General Jose Calida insisted that Senator Antonio Trillanes IV has no copies of his application for amnesty and of record manifesting his admission of guilt for the crimes of rebellion he committed during the time of former President Gloria Macapagal-Arroyo.

"There is no document or record evincing his admission of guilt or narrating the facts of his involvement or participation in the July 27, 2003, February 2006, or November 29, 2007 incidents. There is no proof of his recantation of all his previous statements that are inconsistent with his admission of actual involvement and guilt,” Calida said in a statement.

Calida said Trillanes deceived the trial courts into granting his motions to dismiss the coup d'etat and rebellion charges against him on the false premise that he had already complied with all the requirements to be eligible for amnesty.

“Thus, the grant of the amnesty to him through the Department of National Defense Ad Hoc Committee Resolution No. 2 is void," Calida said.

Last Aug. 31, President Rodrigo Duterte issued Proclamation 572 declaring voided ab initio the amnesty granted to Trillanes by his predecessor President Benigno Aquino III in 2010.

Calida said Trillianes had failed to meet the minimum requirements under Proclamation No. 75 issued by Aquino.

"Proclamation No. 572 finds its basis on petitioner’s [Trillianes] failure to fulfill the minimum requirements to qualify under the amnesty proclamation. Despite this omission, petitioner was wrongfully included among those covered with the grant of amnesty. In revoking his coverage under Proclamation No. 75, the President was merely performing his constitutional duty," Calida said.

Calida said that when Trillianes applied for amnesty, the people expected that he would comply with the requirements for the grant, exactly like how the everyman was expected to follow the law and the rules every day.

"Amnesty presupposes the commission of a crime. One must admit guilt before the state may grant an applicant forgiveness. Having failed to comply with these requirements, petitioner is therefore not entitled to the benefits of amnesty," Calida said.

Calida said Trillianes refused to admit the charges of coup d’etat and rebellion against him.

"His public statements that the criminal charges filed against him were improper further confirm his non-admission of guilt. Moreover, he failed to comply with the requirements enumerated under Proclamation No. 75, Concurrent Resolution No. 4, and the Order of the Regional Trial Court of Makati-Branch 148," he said.

Calida said Article 5 of the Civil Code provides that non-compliance with mandatory laws such as Proclamation No. 75 voided the amnesty act, hence, "President Rodrigo Roa Duterte aptly invoked the faithful execution clause under the Constitution and his ordinance powers and issued Proclamation No. 572, declaring the coverage of the petitioner under Proclamation No. 75, void."

Aquino granted amnesty to active and former personnel of the Armed Forces of the Philippines, the Philippine National Police, and their supporters who may have committed crimes punishable under the Revised Penal Code, the Articles of War, and other laws in connection with the Oakwood Mutiny, the Marines Stand-Off, and the Manila Peninsula incident.

The DND Ad Hoc Committee was tasked to receive and process applications for amnesty and determine whether the applicants were entitled to amnesty.

The House of Representatives and the Senate concurred with Proclamation No. 75 on December 13 and 14, 2010, respectively, by issuing Concurrent Resolution No. 4, which required: "No application for amnesty shall be given due course without the applicant admitting his guilt or criminal culpability of any or all of the subject incidents in writing as expressed in the application…."

On Dec. 16, 2010, Trillianes and co-accused James Layug and Gary Alejano urgently moved for the suspension of the promulgation of judgment in Criminal Case No. 03-2784 for coup d’etat scheduled on the same day by the Makati Regional Trial Court (RTC) Branch 148 because of Proclamation No. 75 which rendered the subject motion for cancellation academic.

The Makati RTC Branch 148 granted the urgent motion but required petitioner and co-accused to provide copies of their respective written applications for amnesty submitted to the DND Ad Hoc Committee on or before January 22, 2011.

Trillianes and the other accused, however, did not comply with this requirement, according to Calida.

Last week, Calida asked Trillanes to apologize for accusing the SolGen of stealing the lawmakers’ amnesty application documents.

"Unless Mr. Trillanes expresses his sincere apology for calling me a thief, I shall be constrained to file a criminal case for libel plus damages against him," Calida said in a press statement.

Makati RTC Branch 150 Judge Elmo Alameda cited the "missing" application document as the main reason in granting the government prosecutor’s plea to issue an arrest warrant and hold departure order against Trillanes on Aug. 27.

Calida defended Duterte’s issuance of Proclamation 572, saying the Chief Executive was only implementing the law.

"The President’s act of revoking the coverage of the petitioner under Proclamation No. 75 through Proclamation No. 572 is in line with his mandate to ensure that all laws are faithfully executed and his ordinance power," Calida said.

He said Section 17, Article VII of the Constitution provides that the president shall ensure that all laws are faithfully executed. "Thus, the President has the power to take 'necessary and proper steps' to carry into execution the law," he said. (PNA)

[caremobile]

a case of refusal to pay overtime, and a suit for refusal to pay attorney fees   --osmena vs commission on audit

Republic of the Philippines SUPREME COURT Manila

EN BANC

G.R. No. 188818               May 31, 2011

TOMAS R. OSMEÑA, in his personal capacity and in his capacity as City Mayor of Cebu City, Petitioner, vs. THE COMMISSION ON AUDIT, Respondent.

D E C I S I O N

BRION, J.:

Before the Court is the Petition for Certiorari1 filed by Tomas R. Osmeña, former mayor of the City of Cebu, under Rule 64 of the Rules of Court. The petition seeks the reversal of the May 6, 2008 Decision2 and the June 8, 2009 Resolution3 of the respondent Commission on Audit (COA), which disallowed the damages, attorney’s fees and litigation expenses awarded in favor of two construction companies in the collection cases filed against the City of Cebu, and made these charges the personal liability of Osmeña for his failure to comply with the legal requirements for the disbursement of public funds.

BACKGROUND FACTS

The City of Cebu was to play host to the 1994 Palarong Pambansa (Palaro). In preparation for the games, the City engaged the services of WT Construction, Inc. (WTCI) and Dakay Construction and Development Company (DCDC) to construct and renovate the Cebu City Sports Complex. Osmeña, then city mayor, was authorized by the Sangguniang Panlungsod (Sanggunian) of Cebu to represent the City and to execute the construction contracts.

While the construction was being undertaken, Osmeña issued a total of 20 Change/Extra Work Orders to WTCI, amounting to ₱35,418,142.42 (about 83% of the original contract price), and to DCDC, amounting to ₱15,744,525.24 (about 31% of the original contract price). These Change/Extra Work Orders were not covered by any Supplemental Agreement, nor was there a prior authorization from the Sanggunian. Nevertheless, the work proceeded on account of the "extreme urgency and need to have a suitable venue for the Palaro."4 The Palaro was successfully held at the Cebu City Sports Complex during the first six months of 1994.

Thereafter, WTCI and DCDC demanded payment for the extra work they performed in the construction and renovation of the sports complex. A Sanggunian member, Councilor Augustus Young, sponsored a resolution authorizing Osmeña to execute the supplemental agreements with WTCI and DCDC to cover the extra work performed, but the other Sanggunian members refused to pass the resolution. Thus, the extra work completed by WTCI and DCDC was not covered by the necessary appropriation to effect payment, prompting them to file two separate collection cases before the Regional Trial Court (RTC) of Cebu City (Civil Case Nos. CEB-170045 and CEB-171556 ). The RTC found the claims meritorious, and ordered the City to pay for the extra work performed. The RTC likewise awarded damages, litigation expenses and attorney’s fees in the amount of ₱2,514,255.40 to WTCI7 and ₱102,015.00 to DCDC.8 The decisions in favor of WTCI and DCDC were affirmed on appeal, subject to certain modifications as to the amounts due, and have become final. To satisfy the judgment debts, the Sanggunian finally passed the required appropriation ordinances.

During post-audit, the City Auditor issued two notices disallowing the payment of litigation expenses, damages, and attorney’s fees to WTCI and DCDC.9 The City Auditor held Osmeña, the members of the Sanggunian, and the City Administrator liable for the ₱2,514,255.40 and ₱102,015.00 awarded to WTCI and DCDC, respectively, as damages, attorney’s fees, and interest charges. These amounts, the City Auditor concluded, were unnecessary expenses for which the public officers should be held liable in their personal capacities pursuant to the law.

Osmeña and the members of the Sanggunian sought reconsideration of the disallowance with the COA Regional Office, which, through a 2nd Indorsement dated April 30, 2003,10 modified the City Auditor’s Decision by absolving the members of the sanggunian from any liability. It declared that the payment of the amounts awarded as damages and attorney’s fees should solely be Osmeña’s liability, as it was him who ordered the change or extra work orders without the supplemental agreement required by law, or the prior authorization from the Sanggunian. The Sanggunian members cannot be held liable for refusing to enact the necessary ordinance appropriating funds for the judgment award because they are supposed to exercise their own judgment and discretion in the performance of their functions; they cannot be mere "rubber stamps" of the city mayor.

The COA Regional Office’s Decision was sustained by the COA’s National Director for Legal and Adjudication (Local Sector) in a Decision dated January 16, 2004.11 Osmeña filed an appeal against this Decision.

On May 6, 2008, the COA issued the assailed Decision which affirmed the notices of disallowance.12 Osmeña received a copy of the Decision on May 23, 2008. Eighteen days after or on June 10, 2008, Osmeña filed a motion for reconsideration of the May 6, 2008 COA Decision.

The COA denied Osmeña’s motion via a Resolution dated June 8, 2009.13 The Office of the Mayor of Cebu City received the June 8, 2009 Resolution of the COA on June 29, 2009. A day before, however, Osmeña left for the United States of America for his check-up after his cancer surgery in April 2009 and returned to his office only on July 15, 2009. Thus, it was only on July 27, 2009 that Osmeña filed the present petition for certiorari under Rule 64 to assail the COA’s Decision of May 6, 2008 and Resolution of June 8, 2009.

THE PETITION

Rule 64 of the Rules of Court governs the procedure for the review of judgments and final orders or resolutions of the Commission on Elections and the COA. Section 3 of the same Rule provides for a 30-day period, counted from the notice of the judgment or final order or resolution sought to be reviewed, to file the petition for certiorari. The Rule further states that the filing of a motion for reconsideration of the said judgment or final order or resolution interrupts the 30-day period.

Osmeña filed his motion for reconsideration, of the COA’s May 6, 2008 Decision, 18 days from his receipt thereof, leaving him with 12 days to file a Rule 64 petition against the COA ruling. He argues that the remaining period should be counted not from the receipt of the COA’s June 8, 2009 Resolution by the Office of the Mayor of Cebu City on June 29, 2009, but from the time he officially reported back to his office on July 15, 2009, after his trip abroad. Since he is being made liable in his personal capacity, he reasons that the remaining period should be counted from his actual knowledge of the denial of his motion for reconsideration. Corollary, he needed time to hire a private counsel who would review his case and prepare the petition.

Osmeña pleads that his petition be given due course for the resolution of the important issues he raised. The damages and interest charges were awarded on account of the delay in the payment of the extra work done by WTCI and DCDC, which delay Osmeña attributes to the refusal of the Sanggunian to appropriate the necessary amounts. Although Osmeña acknowledges the legal necessity for a supplemental agreement for any extra work exceeding 25% of the original contract price, he justifies the immediate execution of the extra work he ordered (notwithstanding the lack of the supplemental agreement) on the basis of the extreme urgency to have the construction and repairs on the sports complex completed in time for the holding of the Palaro. He claims that the contractors themselves did not want to embarrass the City and, thus, proceeded to perform the extra work even without the supplemental agreement.

Osmeña also points out that the City was already adjudged liable for the principal sum due for the extra work orders and had already benefitted from the extra work orders by accepting and using the sports complex for the Palaro. For these reasons, he claims that all consequences of the liability imposed, including the payment of damages and interest charges, should also be shouldered by the City and not by him.

THE COURT’S RULING

Relaxation of procedural rules to give effect to a party’s right to appeal

Section 3, Rule 64 of the Rules of Court states:

SEC. 3. Time to file petition.—The petition shall be filed within thirty (30) days from notice of the judgment or final order or resolution sought to be reviewed. The filing of a motion for new trial or reconsideration of said judgment or final order or resolution, if allowed under the procedural rules of the Commission concerned, shall interrupt the period herein fixed. If the motion is denied, the aggrieved party may file the petition within the remaining period, but which shall not be less than five (5) days in any event, reckoned from notice of denial. [Emphasis ours.]

Several times in the past, we emphasized that procedural rules should be treated with utmost respect and due regard, since they are designed to facilitate the adjudication of cases to remedy the worsening problem of delay in the resolution of rival claims and in the administration of justice. From time to time, however, we have recognized exceptions to the Rules but only for the most compelling reasons where stubborn obedience to the Rules would defeat rather than serve the ends of justice. Every plea for a liberal construction of the Rules must at least be accompanied by an explanation of why the party-litigant failed to comply with the Rules and by a justification for the requested liberal construction.14 Where strong considerations of substantive justice are manifest in the petition, this Court may relax the strict application of the rules of procedure in the exercise of its legal jurisdiction.15

Osmeña cites the mandatory medical check-ups he had to undergo in Houston, Texas after his cancer surgery in April 2009 as reason for the delay in filing his petition for certiorari. Due to his weakened state of health, he claims that he could not very well be expected to be bothered by the affairs of his office and had to focus only on his medical treatment. He could not require his office to attend to the case as he was being charged in his personal capacity.

We find Osmeña’s reasons sufficient to justify a relaxation of the Rules. Although the service of the June 8, 2009 Resolution of the COA was validly made on June 29, 2009 through the notice sent to the Office of the Mayor of Cebu City,16 we consider July 15, 2009 – the date he reported back to office – as the effective date when he was actually notified of the resolution, and the reckoning date of the period to appeal. If we were to rule otherwise, we would be denying Osmeña of his right to appeal the Decision of the COA, despite the merits of his case.

Moreover, a certiorari petition filed under Rule 64 of the Rules of Court must be verified, and a verification requires the petitioner to state under oath before an authorized officer that he has read the petition and that the allegations therein are true and correct of his personal knowledge. Given that Osmeña was out of the country to attend to his medical needs, he could not comply with the requirements to perfect his appeal of the Decision of the COA.

While the Court has accepted verifications executed by a petitioner’s counsel who personally knows the truth of the facts alleged in the pleading, this was an alternative not available to Osmeña, as he had yet to secure his own counsel. Osmeña could not avail of the services of the City Attorney, as the latter is authorized to represent city officials only in their official capacity.17 The COA pins liability for the amount of damages paid to WTCI and DCDC on Osmeña in his personal capacity, pursuant to Section 103 of Presidential Decree No. 1445 (PD 1445).18

Thus, the reckoning date to count the remaining 12 days to file his Rule 64 petition should be counted from July 15, 2009, the date Osmeña had actual knowledge of the denial of his motion for reconsideration of the Decision of the COA and given the opportunity to competently file an appeal thereto before the Court. The present petition, filed on July 27, 2009, was filed within the reglementary period.

Personal liability for expenditures of government fund when made in violation of law

The Court’s decision to adopt a liberal application of the rules stems not only from humanitarian considerations discussed earlier, but also on our finding of merit in the petition.

Section 103 of PD 1445 declares that "[e]xpenditures of government funds or uses of government property in violation of law or regulations shall be a personal liability of the official or employee found to be directly responsible therefor." Notably, the public official’s personal liability arises only if the expenditure of government funds was made in violation of law. In this case, the damages were paid to WTCI and DCDC pursuant to final judgments rendered against the City for its unreasonable delay in paying its obligations. The COA, however, declared that the judgments, in the first place, would not be rendered against the City had it not been for the change and extra work orders that Osmeña made which (a) it considered as unnecessary, (b) were without the Sanggunian’s approval, and (c) were not covered by a supplemental agreement.

The term "unnecessary," when used in reference to expenditure of funds or uses of property, is relative. In Dr. Teresita L. Salva, etc. v. Guillermo N. Carague, etc., et al.,19 we ruled that "[c]ircumstances of time and place, behavioural and ecological factors, as well as political, social and economic conditions, would influence any such determination. x x x [T]ransactions under audit are to be judged on the basis of not only the standards of legality but also those of regularity, necessity, reasonableness and moderation." The 10-page letter of City Administrator Juan Saul F. Montecillo to the Sanggunian explained in detail the reasons for each change and extra work order; most of which were made to address security and safety concerns that may arise not only during the holding of the Palaro, but also in other events and activities that may later be held in the sports complex. Comparing this with the COA’s general and unsubstantiated declarations that the expenses were "not essential"20 and not "dictated by the demands of good government,"21 we find that the expenses incurred for change and extra work orders were necessary and justified.

The COA considers the change and extra work orders illegal, as these failed to comply with Section III, C1 of the Implementing Rules and Regulations of Presidential Decree No. 1594,22 which states that:

5. Change Orders or Extra Work Orders may be issued on a contract upon the approval of competent authorities provided that the cumulative amount of such Change Orders or Extra Work Orders does not exceed the limits of the former's authority to approve original contracts.

6. A separate Supplemental Agreement may be entered into for all Change Orders and Extra Work Orders if the aggregate amount exceeds 25% of the escalated original contract price. All change orders/extra work orders beyond 100% of the escalated original contract cost shall be subject to public bidding except where the works involved are inseparable from the original scope of the project in which case negotiation with the incumbent contractor may be allowed, subject to approval by the appropriate authorities. [Emphases ours.]

Reviewing the facts of the case, we find that the prevailing circumstances at the time the change and extra work orders were executed and completed indicate that the City of Cebu tacitly approved these orders, rendering a supplemental agreement or authorization from the Sanggunian unnecessary.1âwphi1

The Pre-Qualification, Bids and Awards Committee (PBAC), upon the recommendation of the Technical Committee and after a careful deliberation, approved the change and extra work orders. It bears pointing out that two members of the PBAC were members of the Sanggunian as well – Rodolfo Cabrera (Chairman, Committee on Finance) and Ronald Cuenco (Minority Floor Leader). A COA representative was also present during the deliberations of the PBAC. None of these officials voiced any objection to the lack of a prior authorization from the Sanggunian or a supplemental agreement. The RTC Decision in fact mentioned that the Project Post Completion Report and Acceptance was approved by an authorized representative of the City of Cebu on September 21, 1994.23 "[a]s the projects had been completed, accepted and used by the [City of Cebu]," the RTC ruled that there is "no necessity of [executing] a supplemental agreement."24 Indeed, as we declared in Mario R. Melchor v. COA,25 a supplemental agreement to cover change or extra work orders is not always mandatory, since the law adopts the permissive word "may." Despite its initial refusal, the Sanggunian was eventually compelled to enact the appropriation ordinance in order to satisfy the RTC judgments. Belated as it may be, the enactment of the appropriation ordinance, nonetheless, constitutes as sufficient compliance with the requirements of the law. It serves as a confirmatory act signifying the Sanggunian’s ratification of all the change and extra work orders issued by Osmeña. In National Power Corporation (NPC) v. Hon. Rose Marie Alonzo-Legasto, etc., et al.,26 the Court considered the compromise agreement between the NPC and the construction company as a ratification of the extra work performed, without prior approval from the NPC’s Board of Directors.

As in Melchor,27 we find it "unjust to order the petitioner to shoulder the expenditure when the government had already received and accepted benefits from the utilization of the [sports complex]," especially considering that the City incurred no substantial loss in paying for the additional work and the damages awarded. Apparently, the City placed in a time deposit the entire funds allotted for the construction and renovation of the sports complex. The interest that the deposits earned amounted to ₱12,835,683.15, more than enough to cover the damages awarded to WTCI (₱2,514,255.40) and the DCDC (₱102,015.00). There was "no showing that [the] petitioner was ill-motivated, or that [the petitioner] had personally profited or sought to profit from the transactions, or that the disbursements have been made for personal or selfish ends."28 All in all, the circumstances showed that Osmeña issued the change and extra work orders for the City’s successful hosting of the Palaro, and not for any other "nefarious endeavour."29

WHEREFORE, in light of the foregoing, we hereby GRANT the petitioner’s Petition for Certiorari filed under Rule 64 of the Rules of Court. The respondent’s Decision of May 6, 2008 and Resolution of June 8, 2009 are SET ASIDE.

SO ORDERED.

ARTURO D. BRION Associate Justice

WE CONCUR:

RENATO C. CORONA Chief Justice

ANTONIO T. CARPIO

Associate Justice

CONCHITA CARPIO MORALES

Associate Justice

PRESBITERO J. VELASCO, JR.

Associate Justice

ANTONIO EDUARDO B. NACHURA

Associate Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice

DIOSDADO M. PERALTA

Associate Justice

LUCAS P. BERSAMIN

Associate Justice(On Official Leave)

MARIANO C. DEL CASTILLO

*

Associate Justice

ROBERTO A. ABAD

Associate Justice

MARTIN S. VILLARAMA, JR.

Associate Justice

JOSE PORTUGAL PEREZ

Associate Justice

JOSE CATRAL MENDOZA

Associate Justice

MARIA LOURDES P.A. SERENO Associate Justice

C E R T I F I C A T I O N

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court.

RENATO C. CORONA Chief Justice

[wionews]

How US gun control compares to the rest of the world

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The shooting in Virginia that wounded House Majority Whip Steve Scalise, as well as the shooting in a San Francisco UPS facility that left four dead on the very same day, have generated – yet again – the standard set of responses in the wake of a mass shooting in the United States.

The details of any such tragedy often emerge slowly, but a few points can be made. While deaths from mass shootings are a relatively small part of the overall homicidal violence in America, they are particularly wrenching. The problem is worse in the U.S. than in most other industrialised nations. And it is getting worse.

The political overlay of the Virginia shooting also carries a particular social harm. Any thought that guns can play a helpful role in reducing tyranny in a democratic country like the United States should quickly be dispelled. Hopefully, that message will penetrate everyone from the NRA leadership and Sen. Rand Paul to anyone on the opposite end of the political spectrum who doesn’t like the current developments of Republican rule.

I’ve been researching gun violence – and what can be done to prevent it – in the U.S. for 25 years. The fact is that if the NRA claim that guns helped reduce crime were true, the U.S. would have the lowest homicide rate among industrialised nations instead of the highest one – and by a wide margin.

The U.S. is by far the world leader in the number of guns in civilian hands. The stricter gun laws of other “advanced countries” have restrained homicidal violence, suicides and gun accidents – even when, in some cases, laws were introduced over massive protests from their armed citizens.

The state of gun control in the US

Eighteen states in the U.S. and a number of cities including Chicago, New York and San Francisco have tried to reduce the unlawful use of guns as well as gun accidents by adopting laws to keep guns safely stored when they are not in use. Safe storage is a common form of gun regulation in nations with stricter gun regulations.

The NRA has been battling such laws for years. But that effort was dealt a blow in June 2015 when the U.S. Supreme Court – over a strident dissent by Justices Thomas and Scalia – refused to consider the San Francisco law that required guns not in use be stored safely. This was a positive step because hundreds of thousands of guns are stolen every year, and good public policy must try to keep guns out of the hands of criminals and children.

The dissenters were alarmed by the thought that a gun stored in a safe would not be immediately available for use, but they seemed unaware of how unusual it is that a gun is helpful when someone is under attack.

Statistics show only the tiniest fraction of victims of violent crime are able to use a gun in their defense. Over the period from 2007 to 2011, roughly six million nonfatal violent crimes occurred each year. Yet data from the National Crime Victimisation Survey show that 99.2 percent of victims in these incidents did not protect themselves with a gun – this in a country with roughly 300 million guns in civilian hands.

In fact, a classic study of 198 cases of unwanted entry into occupied single-family dwellings in Atlanta found that the invader was twice as likely to obtain the victim’s gun than to have the victim use a firearm in self-defense.

The author of the study, Arthur Kellerman, concluded in words that those opposing safe storage of guns should heed:

On average, the gun that represents the greatest threat is the one that is kept loaded and readily available in a bedside drawer.

A loaded, unsecured gun in the home is like an insurance policy that fails to deliver at least 95 percent of the time, but has the constant potential – particularly in the case of handguns which are more easily manipulated by children and more attractive for use in crime – to harm someone in the home or be stolen and harm someone else.

More guns won’t stop gun violence

For years, the NRA mantra has been that allowing citizens to carry concealed handguns would reduce crime as they fought off or scared of the criminals.

Some early studies even purported to show that so-called right-to-carry (RTC) laws did just that, but a 2004 report from the National Research Council refuted that claim, saying it was not supported by “the scientific evidence,” while remaining uncertain about what the true impact of RTC laws was.

Ten years of additional data have allowed researchers to get a better fix on this question, which is important since the NRA is pushing for a Supreme Court decision that would allow RTC as a matter of constitutional law.

The new research on this issue from my team at Stanford University has given the most compelling evidence to date that RTC laws are associated with significant increases in violent crime. Looking at Uniform Crime Reports data from 1979 to 2014, we find that, on average, the 33 states that adopted RTC laws over this period experienced violent crime rates that are roughly 14 percent higher after 10 years than if they had not adopted these laws.

In the meantime, can anything make American politicians listen to the preferences of the 90 percent on the wisdom of adopting universal background checks for gun purchases?

Gun control around the world

As an academic exercise, one might speculate whether the law could play a constructive role in reducing the number or deadliness of mass shootings.

Most other advanced nations apparently think so, since they make it far harder for someone like your typical American mass killer to get his hands on particularly lethal weapons. Universal background checks are common features of gun regulation in other developed countries, including:

Germany: To buy a gun, anyone under the age of 25 has to pass a psychiatric evaluation. Presumably, 21-year-old Charleston shooter Dylann Roof would have failed. Finland: Handgun license applicants are allowed to purchase firearms only if they can prove they are active members of regulated shooting clubs. Before they can get a gun, applicants must pass an aptitude test, submit to a police interview and show they have a proper gun storage unit. Italy: To secure a gun permit, one must establish a genuine reason to possess a firearm and pass a background check considering both criminal and mental health records. France: Firearms applicants must have no criminal record and pass a background check that considers the reason for the gun purchase and evaluates the criminal, mental and health records of the applicant. The United Kingdom and Japan: Handguns are illegal for private citizens. While mass shootings, as well as gun homicides and suicides, are not unknown in these countries, the overall rates are substantially higher in the United States than in these nations.

While NRA supporters frequently challenge me on these statistics, saying that this is only because American blacks are so violent, pointing to the type of wildly incorrect claims about the percentages of whites killed by blacks that Dylann Roof spouted and Donald Trump tweeted, it is important to note that white murder rates in the U.S. are well over twice as high as the murder rates in any of these other countries.

Australia hasn’t had a mass shooting since 1996

The story of Australia, which had 13 mass shootings in the 18-year period from 1979 to 1996 but none in the succeeding 21 years, is worth examining.

The turning point was the 1996 Port Arthur massacre in Tasmania, in which a gunman killed 35 individuals using semiautomatic weapons.

In the wake of the massacre, the conservative federal government succeeded in implementing tough new gun control laws throughout the country. A large array of weapons were banned – including the Glock semiautomatic handgun used in the Charleston shootings. The government also imposed a mandatory gun buy-back that substantially reduced gun possession in Australia.

A pile of about 4,500 prohibited firearms in Sydney that have been handed in under the Australian government’s buy-back scheme July 28, 1997. (Reuters)

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The effect was that both gun suicides and homicides fell. In addition, the 1996 legislation disallowed self-defense as a legitimate reason to purchase a firearm.

When I mention this to disbelieving NRA supporters, they insist that crime must now be rampant in Australia. In fact, the Australian murder rate has fallen to one per 100,000 while the U.S. rate, thankfully lower than in the early 1990s, is still roughly 5 per 100,000 – nearly five times as high. Moreover, robberies in Australia occur at only about half the rate of the U.S.: 58 in Australia versus 113.1 per 100,000 in the U.S. in 2012.

How did Australia do it? Politically, it took a brave prime minister to face the rage of Australian gun interests.

Prime Minister John Howard wore a bullet-proof vest when he announced the proposed gun restrictions in June 1996. The deputy prime minister was hung in effigy. But Australia did not have a domestic gun industry to oppose the new measures so the will of the people was allowed to emerge. And today, support for the safer, gun-restricted Australia is so strong that going back would not be tolerated by the public.

That Australia hasn’t had a mass shooting since 1996 is likely more than merely the result of the considerable reduction in guns – it’s certainly not the case that guns have disappeared altogether.

I suspect that the country has also experienced a cultural shift between the shock of the Port Arthur massacre and the removal of guns from everyday life, as they are no longer available for self-defense and they are simply less present throughout the country. Troubled individuals, in other words, are not constantly being reminded that guns are a means to address their alleged grievances to the extent that they were in the past, or continue to be in the U.S.

Lax gun control in one nation can create problems in another

Of course, strict gun regulations cannot ensure that the danger of mass shootings or killings has been eliminated.

Norway has strong gun control and committed humane values. But that didn’t prevent Anders Breivik from opening fire on a youth camp on the island of Utoya in 2011. His clean criminal record and hunting license had allowed him to secure semiautomatic rifles, but Norway restricted his ability to get high-capacity clips for them. In his manifesto, Breivik wrote about his attempts to legally buy weapons, stating, “I envy our European American brothers as the gun laws in Europe sucks ass in comparison.”

In fact, in the same manifesto, Breivik wrote that it was from a U.S. supplier that he purchased – and had mailed – 10 30-round ammunition magazines for the rifle he used in his attack.

In other words, even if a particular nation or state chooses to make it harder for some would-be killers to get their weapons, these efforts can be undercut by the jurisdictions that hold out. In the U.S., of course, state gun control measures are often thwarted by the lax attitude to gun acquisition in other states.

Editor’s note: This is an updated version of an article first published on June 24, 2015.

This article was originally published on The Conversation. Read the original article.

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[homi3ros3y-blog]

new.

     In this blog I am going to share what its like being new to the world fresh out of Treatment. I’ll share a little backstory leading up to why I was sent away so I was born and growing up my father was an abuser in two ways. One he abused substances and Two he physically was abusive. growing up I had a loving mother and then there was my father, at age four my parents got divorced, I really didn't fully understand what was happening until a little later, that has impacted my life deeply. From there out my father moved out and my mother and I moved into my grandparents... that was in December 2004. by the age of six my dad had moved into an apartment over by sunken city, not the nicest area... But, in that apartment complex is where it all started with my father, I’d go there and it reeked of booze and when he drank he got MAD. mad enough to hit me with the belt. I remember some nights after he’d “put me to bed” he’d leave the room ( 1 bedroom apartment ) and go drink and smoke. one time he left me home sometime” while I was asleep, and I woke up and he was gone, I still think to this day he was at a strip club, because when he came back he smelt of booze and there were sparkles on him. When I asked him ”daddy where were you?”  He said, “I went to the store to get you this”, and pulled out a hostest powdered doughnut pack, NICE TRY DAD... it had been over an hour since I’d woken up and the store we get those at was two blocks away. Slowly as the years went on my father moved farther and farther away, First to Long Beach, then to Orange County, then to Texas, and now he’s just  MIA. Last time I saw him was 2011. Sometimes its hard knowing he’s still out there and he doesn't care enough to call and say happy birthday, or to see how his daughter who is falling apart is doing, the least he could of done was called. With him its always the other person who has to make the efforts.

    By the age of 11 I had started cutting myself, by the age of 12 I had started drinking and smoking and by the age of 13 I had been doing all three of those and added a little bit more of the harder stuff. by the time I hit 14 I was at an all time low, I’d dealt with so many different types of abuse (physical, sexual, and verbal.)  I had been bullied, I had been a bully I had been hit and I had hit back I had horrible self esteem, suffered with purging for a while, mood disorders, bipolar disorder, and a borderline personality disorder. I was still cutting, I was just a big mess, I felt so alone, I was so alone... I had nowhere to turn.

     November 11th, 2013 I came to Utah for a RTC for troubled teens                   ( Residential Treatment Center) while I was there my nana died, I went home for the funeral. I missed 3 different Christmas’  and I met this amazing girl named Hailey she was and still is my everything, I lost my bestfriend to suicide, and  I attempted suicide all in the almost two years of being there... Then I got kicked out in April 2015. Then May 10th 2015 I was sent to my new treatment center in Provo Utah... all the Mormons live here, ALL OF THEM, but here at this new RTC it was different the staff were  actually understanding and loving, my first home was Summit, I was placed with this amazing staff she was the lead staff on the home, her name was Tirae, she has been such an impact on my stay in treatment she has taught me how to be grateful for what I have and she just brings me joy. On my second home, Everest  I was impacted by the girls on that home but the girls that were there when I moved over from Summit  those girls were all so amazing, Then I Made a stupid mistake some bitch crossed me so I got my revenge,  then they moved me one last time to my current home Sequoia, I’ve been on this home for the last year of my stay and I am still currently a student on that home until the end of August. I’ve been impacted by many people that have come and gone, Zoe, Devon, V, Shelley, Susie, Kenny, Ana, and Josie I appreciate all of them for all they do. I am grateful  for all of the help they have offered me. and as I go on visits home to California I will be writing about my days, I’ll share some poems, photography, and art. Once I'm home in august ill be writing  about what its like to be in the real world. I'm honestly so scared to come back because I spent 4 years of my life in treatment, my high school years 14- almost18, oh and to those of you who do read my blog, if anyone ever does, I will be here to support you guys, if any of you have struggles feel free to reach out, I will be here.

[phgq]

CTA allows inspection of Smart's books in P3.2-B tax case

#PHnews: CTA allows inspection of Smart's books in P3.2-B tax case

MANILA -- The Court of Tax Appeals (CTA) has upheld a lower court's order allowing the inspection of corporate finance records of telecommunications giant Smart Communications Inc. in connection with the Makati City government's assessment of PHP3.246 billion for deficiency franchise taxes and fees for the years 2012 to 2015 against the firm.

In its 13-page decision dated February 5, the CTA's Second Division through Associate Justice Jean Marie A. Bacorro-Villena denied for lack of merit the firm's petition questioning the Makati City Regional Trial Court (RTC) Branch 133's resolution on the controversy.

Associate Justices Juanito C. Castaneda Jr. and Cielito N. Mindaro-Grulla concurred in the ruling.

The CTA's ruling affirmed the June 28, 2019 resolution by RTC Judge Augusto Jose Y. Arreza against Smart on the petition for certiorari it filed against the city government and city treasurer Jesusa E. Cuneta.

The Makati court had granted the city's motion for the production or inspection of documents. The telco giant claimed the lower court's actions would be tantamount to permitting Makati City to a second audit in relation to its franchise tax payments for the years 2012 to 2015.

It claims opening its books is "improper" since this would allow Makati City "to take inconsistent stances since the latter already upheld the validity and correctness of its NOA (Notice of Assessment) yet it could take another look at it to validate the assessment's accuracy".

The firm also questioned the "relevancy" of some of the documents sought particularly those pertaining to its nationwide revenues, including revenues from other localities which Smart said, "contain information referring to matters outside respondent Makati City's territorial jurisdiction and pertain to the taxable period that it can no longer be assessed for".

The Makati City government insisted that the documents sought are not confidential in nature to warrant their non-production in court and pointed out that the documents are necessary following the firm's failure to provide the city with a breakdown of gross sales/receipts of its branches.

"The Court does not...perceive any injury of such magnitude if the assailed resolutions are allowed to stand. Neither can grave abuse of discretion be attributed to the actions of the public respondent (Makati City)," the CTA ruled.

Sought for production was the firm's general ledger, particularly the consolidated book for the years 2011 to 2014 and Makati branches and sales offices.

Likewise sought were the sales book for the same year and cash register book, general journal book, application form and billing assessment from other LGUs, schedule, and summary of payments, breakdown of gross sales, quarterly and monthly value-added tax (VAT) returns and summary/breakdown of other income of branches and offices from other localities. (PNA)

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References:

* Philippine News Agency. "CTA allows inspection of Smart's books in P3.2-B tax case." Philippine News Agency. https://www.pna.gov.ph/articles/1093504 (accessed February 11, 2020 at 10:31PM UTC+14).

* Philippine News Agency. "CTA allows inspection of Smart's books in P3.2-B tax case." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1093504 (archived).

[phgq]

Kin appeals release of 'wrong' Ampatuan massacre suspect

#PHnews: Kin appeals release of 'wrong' Ampatuan massacre suspect

GENERAL SANTOS CITY -- The family of one of the acquitted suspects in the 2009 Ampatuan massacre, who was previously ruled by a court here as “wrongfully accused due to mistaken identity,” appealed on Monday for his immediate release. Rhean Gofel, daughter of acquitted suspect Richard, said they are hoping that her father will be released from detention in Camp Bagong Diwa, Taguig City in the next two days so he can finally return home. “We waited for so long; it’s more than eight years already. His release will be the best gift to us this Christmas,” she said in the vernacular during an interview at their home in Purok Minanga, Barangay Buayan here. Rhean said they learned from a family friend on Friday that her father was among those due for release after being acquitted by Quezon City Regional Trial Court (RTC) Branch 221 Judge Jocelyn Solis-Reyes of involvement in the Maguindanao massacre case. But she said his release reportedly remains pending due to required clearances and supposed submission of some documents. Richard, a fish vendor, was arrested on Aug. 17, 2011 in Barangay Taluya in Glan, Sarangani province in connection with the Nov. 23, 2009 massacre of 57 people in Ampatuan, Maguindanao but was released later that day supposedly due to lack of evidence. But elements from the Criminal Investigation and Detection Group-Region 12 arrested him anew the following day at his residence in Purok Minanga, Barangay Buayan here after he was allegedly identified by a witness as suspect Fahad Utto, who was listed as a member of the Civilian Volunteer Organization in Shariff Aguak town in Maguindanao. His family sought intervention from the RTC Branch 35, which then issued a writ of habeas corpus for Richard. In a hearing on Sept. 13, 2011, RTC Branch 35 Judge Oscar Noel ordered Richard’s release noting that the latter was clearly not the fugitive massacre suspect Fahad Utto based on the established differences on their facial and physical features. His identity was also backed by his neighbors, friends and community leaders in Barangay Buayan. But Solis-Reyes did not quash Richard’s commitment order, a requirement in Noel’s ruling, to the Camp Bagong Diwa and proceeded with his trial. Rhean, who was only 8-years-old when her father was arrested, said their family suffered so much in the last eight years as they mainly depended on his income as a fish vendor. She said her younger brother died due to an illness while her father was in detention. “But we’re just grateful that this is over. We just want him to return home the soonest possible,” she said. Rafael Tumulac, Richard’s godfather, said he is happy that justice was finally served for the latter. “We knew that the was innocent from the start. He lost a lot because of the ordeal but we’re here to help him,” he said. Richard Gofel’s former counsel and now Maasim, Sarangani municipal judge, Chalmer Gevieso, said he was not surprised with his acquittal. He said there was no evidence and testimony that his former client was at the scene of the crime in Sitio Masalay, Barangay Salman in Ampatuan, Maguindanao when the massacre happened. “The truth is, he was never there. He had never been to Maguindanao,” he said. (PNA)

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References:

* Philippine News Agency. "Kin appeals release of 'wrong' Ampatuan massacre suspect." Philippine News Agency. https://www.pna.gov.ph/articles/1089362 (accessed December 24, 2019 at 12:09AM UTC+14).

* Philippine News Agency. "Kin appeals release of 'wrong' Ampatuan massacre suspect." Archive Today. https://archive.ph/?run=1&url=https://www.pna.gov.ph/articles/1089362 (archived).