...ELSA B. REYES vs. COURT OF APPEALS, SECRETARY OF JUSTICE, AFP-MUTUAL BENEFIT ASSOCIATION, INC., and GRACIELA ELEAZEAR ------------------------------------------------- G.R. No. 120817 November 4, 1996 ------------------------------------------------- I. FACTS Elsa B. Reyes is the president of Eurotrust Capital Corporation (EUROTRUST), a domestic corporation engaged in credit financing. Graciela Eleazar, private respondent, is the president of B.E. Ritz Mansion International Corporation (BERMIC), a domestic enterprise engaged in real estate development. The other respondent, Armed Forces of the Philippines Mutual Benefit Asso., Inc. (AFP-MBAI), is a corporation duly organized primarily to perform welfare services for the Armed Forces of the Philippines. Reyes petitioned two resolutions. On the resolution dated January 23, 1992 for the complaint against Graciela Eleazar in which both parties entered into a contract of loan being Reyes as the creditor and Eleazar as the debtor with no collateral but with a higher interest amounting to P216.053,126.80 for the construction of Condominium and Gold Business Park of Eleazar. In return, Eleazar issued 21 postdated checks to cover payments of the loan packages. However, when those checks were presented for payment, the same were dishonored by the drawee bank, Rizal Commercial Banking Corporation (RCBC), due to stop payment order made by Graciela Eleazar. Despite Eurotrust's notices and repeated demands to pay, Eleazar failed...
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...ORTIGAS & CO. LTD., VS COURT OF APPEALS G.R. No. 126102, December 4, 2000 Topic: POLICE POWER FACTS: * This petition seeks to reverse the decision of Court of Appeals, dated March 25, 1996, in CA – G.R. SP No. 39193, which nullified the write of the write of preliminary injunction issued by the Regional Trial Court of Pasig City, Bramch 261, in Civil Case No. 64931. * On August 25, 1976, petitioner Ortigas & Company sold to Emilia Hermoso, a parcel of land known as Lot 1, Block 21, Psd-66759, with an area of 1,508 square meters, located in Greenhills Subdivision IV, San Juan, Metro Manila, and covered by Transfer Certificate of Title No. 0737. The contract of sale provided that the lot: a. Be used exclusively for residential purposes only, and not more than one single-family residential building will be constructed thereon. b. The BUYER shall not erect any sign or billboard on the roof for advertising purposes. c. No single-family residential building shall be erected until the building plans, specification have been approved by the seller. d. Restrictions shall run with the land and shall be construed as real covenants until December 31, 2025 when they shall cease and terminate These and the other conditions were duly annotated on the certificate of title issued to Emilia. * In 1981, the Metropolitan Manila Commission (now Metropolitan Manila Development Authority) enacted MMC Ordinance No. 81-01, also known as the...
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...Lim vs People G.R. No. 130038 Sep.18, 2000 The case is an appeal from the decision of the Court of Appeals affirming in toto that of the Regional Trial Court, Cebu City. Both courts found petitioner Rosa Lim guilty of twice violating Batas Pambansa Bilang 22 and imposing on her two one-year imprisonment for each of the two violations and ordered her to pay two fines, each amounting to P200,000.00. The trial court also ordered petitioner to return to Maria Antonia Seguan, the jewelry received or its value with interest, to pay moral damages, attorney’s fees and costs. FACTS On August 25, 1990, petitioner bought various kinds of jewelry worth P300,000.00 from Maria Antonia Seguan. She wrote out a check with the same amount, dated August 25, 1990, payable to “cash” drawn on Metrobank and gave the check to Seguan. The next day, petitioner again went to Seguan’s store and purchased jewelry valued at P241,668.00. Petitioner issued another check payable to “cash” dated August 16, 1990 drawn on Metrobank in the amount of P241,668.007 and sent the check to Seguan through a certain Aurelia Nadera. Seguan deposited the two checks with her bank. The checks were returned with a notice of dishonor. Petitioner’s account in the bank from which the checks were drawn was closed. Upon demand, petitioner promised to pay Seguan the amounts of the two dishonored checks, but she never did. On June 5, 1991, an Assistant City Prosecutor of Cebu filed with the RTC, Cebu City, Branch 23, two...
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...Anastacio Teodoro v. Atty. Romeo Gonzales AC No. 6760 January 30, 2013 Facts: AnastacioTeodoro filed a complaint against Gonzales for allegedly intentionally committing forum shopping. Gonzales is the counsel of Araceli in two civil cases filed against Anastacio. The first involved the settlement of the estate of Manuela Teodoro and while the case was pending, Gonzales assisted in filing the subsequent case for Annulment of Document, Reconveyance and Damages without indicating the special proceeding earlier filed. According to Anastacio, this was a deliberate act of forum shopping made by Gonzales. Initially, the commissioner found that Gonzales was indeed guilty of forum shopping for the ruling in either case would result in res judicata over the other and that he instituted the subsequent case without indicating the pending case. The commissioner ruled that Gonzales violated Canon 1 of the code for he disregarded the SC circular prohibiting forum shopping.Hence, suspending him for 1 month. However, the board of Governors of the IBP reversed the Commissioner’s recommendation and dismissed the case. Issue: Whether Gonzales committed forum shopping and thereby violating the Code of Professional Responsibility? Held: Yes. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration...
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...11224053 MODINA vs. COURT OF APPEALS (317 SCRA 696) FACTS: The parcel of land under the name of Ramon Chiang is in questioned since Mr. Chiang claims that the land has already been sold by his wife to him. Mr. Chiang in turn sells this land to Modina which are all evidenced by deed of sale. Modina then filed Complaint for Recovery of Possession with Damages before the Regional Trial Court of Iloilo City. On the other hand, Merlinda, the wife of Ramon, presented also a complaint which is to make the deed of sale between her husband and Modina null and void. ISSUE: The first issue raised was that whether the sale of the parcel of land should be nullified or not. Second is that whether the petitioner, Modina, was a purchaser in good faith or not. Third is whether the decision of the trial court was in excess of jurisdiction or the court's acting beyond the limits of its power; and lastly whether or not only three-fourths of subject lots should be returned to the private respondent. RULING: The court declares the sale of land between Chiang and Modina as null and void. This is because under Art. 1490, husband and wife are prohibited to sell properties to each other. Not being the owner of the land, Ramon Chiang cannot sell the land to Modina. The sale by Ramon Chiang in favor of Modina is, likewise, void and inexistent. As for the second issue, the court concluded that Modina is not a purchaser in good faith. It was found that there were circumstances known...
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...Nintendo Case Digest – Team Pops BA 170 THR Nintendo, a pioneer of home video game consoles, has redefined how video games are to be played in this modern age. The innovative Nintendo Wii, with its unconventional remote-like game controller, proved to be a huge success for the Japanese corporation, instantly taking the top spot again after almost a decade of trailing behind Sony and Microsoft in the realm of video game consoles. Positioning Wii to become the go-to-game console of hardcore and non-traditional gamers alike, Nintendo enjoys the best of both worlds. Customers find that they can now enjoy playing video games with their families instead of playing by themselves – a new kind of fun which they cannot get from playing a PS3 or an Xbox 360. Adding to this, customers are convinced to jump ship from Sony and Microsoft for a cheaper yet family-friendly Nintendo console. While Sony and Microsoft lose money for every PS3 and Xbox 360 they sell, Nintendo has already been making huge profits from each unit of Wii sold. The Wii phenomenon is not a mere lucky strike but rather an adept execution of the Blue Ocean and the Sumo business strategies. Rather than having a bloody battle with the graphics-superior console makers in the hard-core gamers segment, Nintendo looked for a blue ocean. It launched its Wii console to serve a larger audience – the family. Unlike the competent individualistic gamers who search for intense visual effects and game play, the family wants...
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...Cisco was highly successful in its EPR effort. What accounts for this success? What were the most important things that CISCO did correctly? While lots of companies couldn’t implement EPR (Enterprise Resource Planning)- new computerized system- successfully because of problems such as upgrading software and also its failure in supporting some business process, CISCO was not one of them. The key success of CISCO was communication and cross- functional work in organization, (reeingineering), and team work. All of team members were directly involved in project. The belief that not only the management can make decisions but employee at bottom of pyramid can also share their ideas and be a part of decision-making process along with full training lead to success. CISCO did not update its old system but replaced the whole data of different departments with new system. That called “Reeingineering”. This helped the company to achieve quality, service and innovation. Reengineering is based on decentralizing the system, trying to change the old rule of controlling and the idea that only specialized staff could bring solutions. This system creates cross-functional community that helped better track the EPR launch. Team was composed of Information system leader, business leader, IT and Business consultant. In order to connect the old system with new one, company created data warehouse. Leaders were aware that EPR system should be compatible with their business process, so in one hand...
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...had alrdy prescribed (offense charged was a light felony w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act or set of acts 14 Where an offense is punished by different sections of a statute or different statutes, the inquiry, for purposes of double jeopardy is on the identity of offenses charged BUT where an offense is penalized by an ordinance and a statute, the inquiry is on the identity of acts. Since the dismissal of the case against Opulencia for violation of an ordinance alrdy amounted to...
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...charges filed by the Taggat Employees. The issue of the matter of the criminal complaint was pertaining to the withholding of the wages and salaries of the Taggat employees which occurred from April 1, 1996 to July 15, 1997. Evidently, the respondent was no longer connected with the Taggat Inc during such period since he is working as Assistant Provincial Prosecutor since 1992. Should there be apparent conflict of interest, it must be supported by sufficient evidence that Taggat, respondent’s former client, used any confidential information from his preceding employment with Complainant in resolving the filed criminal complaint. As the former Personnel Manager and Retained Counsel of Taggat together with the case he handled as government t prosecutor was labor-related case which fact, is not a sufficient basis to charge respondent for representing conflicting interests. The...
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...Ranch Golf Club Case Study The Ranch Golf Club opened in 2001 in Southwick, Massachusetts. The Hall family decided to turn their dairy farm into a golf club. They would provide their land, while they enlisted the help of Rowland Bates to coordinate the project. Bates found investors to provide the capital and they started work. The investors were Peter and Korby Clark, Bernard Chiu, and Ronald Izen. It is the Ranch’s goal to be the best golf club in New England. In 2007, the Ranch Golf Club was ranked as the number one best public golf course in Massachusetts. Communication is important in any aspect of life, especially in managing a business. Without clear communication the managers at The Ranch would be unsure of expectations. Communication is not a one-time thing; it must be continual in order to be effective. Communication involves a give and take. To communicate you cannot just talk; there has to be giving and receiving, or feedback. According to Lussier and Achua, feedback is “the process of verifying messages and determining if objectives are being met” (Lussier & Achua, p. 197). As it says in the case study, “Nothing takes the place of sitting down face-to-face during regular weekly meetings and listening to each other to continually improve operations” (Lussier & Achua, p. 197). As manager of The Ranch, Peter Clark must be prepared to receive feedback, which is critical for success. Management at The Ranch uses feedback to ensure “the players are getting service...
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...Running Head: JESUS 1 Jesus History, Character, Purpose, and Plan Armon Q. Parker English 1300 Composition II National American University August 2012 JESUS 2 Table of Contents Abstract……………………………………………………………………………………………3 Introduction………………………………………………………………………………………..4 History……………………………………………………………………………………………..5 Character……………………………………………………………………………………..........5 Purpose…………………………………………………………………………………………….5 Plan………………………………………………………………………………………………..5 Conclusion………………………………………………………………………………………...6 References…...……………………………………………………………………………………7 JESUS 3 Abstract This paper will provide the readers with basic information concerning the history of Jesus, his character, purpose and plan. This paper is not written to sway anyone form any other belief system that they may have. It is only to give information in regards to whom He was and is. This will be done by answering four questions: What is His history, character, purpose and plan? As a result, the answering of following questions will leave the reader more informed about what he/she may not have known regarding the man known as—Jesus. JESUS 4 Jesus History, Character, Purpose, and Plan Jesus has gone down in history as one of the most influential people who has ever walked the earth, and because of whom He claimed to be, churches, movements, and even religions have become established all over the world...
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..."A description is an arrangement of properties, qualities, and features that the author must pick (choose, select), but the art lies in the order of their release--visually, audibly, conceptually--and consequently in the order of their interaction, including the social standing of every word." (William H. Gass, "The Sentence Seeks Its Form." A Temple of Texts. Alfred A. Knopf, 2006) Ads #1 Reason Men Pull Away www.beirresistible.com The Biggest Mistake Women Make That Kills A Man's Attraction Fast Easy Self-Publishing outskirtspress.com/selfpublishing You keep 100% of your royalties. You keep 100% of your rights. Show; Don't Tell "This is the oldest cliché of the writing profession, and I wish I didn't have to repeat it. Do not tell me that the Thanksgiving dinner was cold. Show me the grease turning white as it congeals around the peas on your plate. . . . Think of yourself as a movie director. You have to create the scene that the viewer will relate to physically and emotionally." (David R. Williams, Sin Boldly!: Dr. Dave's Guide To Writing The College Paper. Basic Books, 2009) Selecting Details "The descriptive writer's main task is the selection and verbal representation of information. You must choose the details that matter--that are important to the purposes you share with your readers--as well as a pattern of arrangement relevant to those mutual purposes. . . . "Description can be an engineer describing the terrain where an embankment must be built, a novelist...
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...SUBJECT MATTER OF SALE 1. MELLIZA vs CITY OF ILOILO (23 SCRA 477) Facts: Juliana Melliza during her lifetime owned, among other properties, 3 parcels of residential land in Iloilo City (OCT 3462).Said parcels of land were known as Lots Nos. 2, 5 and 1214. The total area of Lot 1214 was 29,073 sq. m. On 27 November 1931she donated to the then Municipality of Iloilo, 9,000 sq. m. of Lot 1214, to serve as site for the municipal hall. The donation was however revoked by the parties for the reason that the area donated was found inadequate to meet the requirements of the development plan of the municipality, the so-called “Arellano Plan.” Subsequently, Lot 1214 was divided by Certeza Surveying Co., Inc. into Lots 1214-A and 1214-B. And still later, Lot 1214-B was further divided into Lots 1214-B-1, Lot 1214-B-2 and Lot1214-B-3. As approved by the Bureau of Lands, Lot 1214-B-1, with 4,562 sq. m., became known as Lot 1214-B; Lot 1214-B-2,with 6,653 sq. m., was designated as Lot 1214-C; and Lot 1214-B-3, with 4,135 sq. m., became Lot 1214-D. On 15 November1932, Juliana Melliza executed an instrument without any caption providing for the absolute sale involving all of lot 5, 7669 sq.m. of Lot 2 (sublots 2-B and 2-C), and a portion of 10,788 sq. m. of Lot 1214 (sublots 1214-B2 and 1214-B3) in favor of the Municipal Government of Iloilo for the sum of P6,422; these lots and portions being the ones needed by the municipal government for the construction of avenues, parks and City hall...
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...and others which were never informed and consented. The case was settled out of court and recognized that researchers illegally used tissue samples outside the scope of authorized use (NCIA 2010). In the case of Moore v. Regents of the University of California (Dorney 1990), the subject was treated for leukemia and had his infected spleen removed. He had blood, bone marrow, skin and sperm extracted and thought they were necessary to monitor his condition. His physician then patented and commercialized his cell line from those extractions. Moore sued the UCLA and physician for lack of informed consent and breach of their duty. In this case, the court ruled in favor of the physician and University of California that Moore had no initial interest in property and financial profit of the samples taken from his body, so he could not share the commercial profit of the research....
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...be accountable for tort law. Additionally, Horsley’s family was the first ones to successed at trial, however the appeal was dismissed. According to the trial judge McLaren was responsible of negligence, and no duty was in control of the double deaths. The defendant made an error of judgement, and did not use the correct knowledge during the time of rescue. In that case the judge dismissed the appeal with additional costs. Issues: Does McLaren have a duty to rescue a passenger if they fell overboard at their own risk? Was the defendant found negligent? Was McLaren found liable for...
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