For years, I have trained by myself not wanting to train with anyone else for fear that my training sessions wouldn't be as productive. But I was proved very wrong recently, when after much persistence, I finally agreed to join a friend (also fellow coach at UFIT) for a workout.
Only minutes into the workout, I very quickly realised what I have been missing out on. There was no time to scroll through Instagram or get distracted staring out of the window. The pace of the workout was fast, it was very much 'You go, I go', back and forth for an hour. I was well and truly taken out of my comfort zone. We pushed and pulled heavy sleds, picked up and carried heavy objects, all exercises that I would never include in my own training. Why? Because they're really hard and uncomfortable to do! But that likely also mean that they are good for me.
1. It is fun! You should enjoy your workouts, and you are going to be more likely to stick with exercise in the long term if you enjoy it. Consistency with training (and also nutrition) is everything if you are looking to improve your body composition, health and fitness.
2. It's very motivating to train with someone who pushes themselves as hard as they can every workout. You can feed off their energy and this can make for extremely productive workouts. We all have that voice in our head that starts screaming at you to give up when the workout starts to get difficult. Having a buddy beside you who is not going to give up will motivate you to stick with it when it gets hard.
3. Training with a buddy increases accountability. Having someone to train with, someone who is waiting for you at the gym or outside your house to collect you and bring you to the gym is tremendously valuable. You now have someone in your corner who is relying on you to show up. The last thing a friend wants to do is let another friend down. You are going to be much less likely to skip your workout when you don't feel like it because you will be letting your buddy down if you do.
4. Your workouts can be a lot more productive if you train with a good training partner. If you are training by yourself, it can be very easy to rest a little too long between sets. When you are training with a buddy who is focused and there to work hard, then there is no time for distractions. You can squeeze a lot of work in and burn through a lot more calories in a shorter amount of time. Many of us are busy and we don't have hours each week to spend in the gym. So why not grab a buddy, someone who will save the chit-chat until after the workout is complete, and give the below workout a try.
Here's a sample workout to get you started. But feel free to get creative and see what you can come up with your buddy!
This workout is designed to work all the major muscle groups in the body and is perfect if you are looking for a workout that will get your heart rate up and burn a lot of calories.
The workout comprises of 4 stations.
Each station will last 7 minutes, so you will need a timer handy.
Partner 1 will perform the first exercise (A1) and partner 2 will perform the second exercise (A2) and only stops when partner 1 has completed the prescribed number of reps.
Now swap around and repeat.
Lastly, you will perform the final exercise (A3) together for the prescribed number of reps/distance.
See how many rounds you can complete in the 7 minutes, with as little rest time as possible.
Once the 7 minutes is up, rest 2-3 minutes before moving on to the next station.
Grab a buddy and get started on your journey to a fitter, leaner, and stronger you today!
Alan Fanning is a Personal Trainer at UFIT Tanjong Pagar. He has worked as a Personal Trainer in cities in New Zealand, Australia, and the UK. He also spent several months travelling and interning at gyms around the United States, meeting and learning from the best people in the industry, after which, spending nearly two years with the national Tennis Ireland Team helping them improve their physical performance.
Alan's personal fitness goal is to achieve the best physique he can while staying fit and most importantly – injury free. Being fit and healthy to him means finding a form of exercise that he enjoys, and staying consistent with it.
His strength as a trainer is in his ability to understand his clients and gain their trust. Alan loves being a part of his clients' progress, not only the physical changes as they lose weight and build muscles, but he loves seeing how people become more confident in themselves and just generally loving life!


Happy (belated) Thanksgiving! I hope you enjoyed the day yesterday with the people who are most important to you.
Now for a recap of the First Ever 5ksandCoffeeBeans Thanksgiving!
The day started off nice and early as mom and I made our way to my sister's house which is about 5 hours away. For the first time ever, I was the driver! We listened to the Pandora "Rockin' Holidays" station for almost the entire trip so I was in my element! After I refused to stop at the first rest stop for a break (which was about fifteen short minutes into the drive), my mother decided that I wasn't a very nice driver. For some reason, her reaction (refusing to talk to me and instead playing a game that was particularly noisy) cracked me up and I laughed until I cried.
Someone else also got to come along for the ride!
It's the holiday pup!! Despite her ridiculously energetic personality, Rudy is actually a very good passenger. The only time she makes a peep is at the toll booths when she feels the need to talk to the cashiers. Maybe she's asking for directions! (I did make one wrong "turn"/ veer at the very beginning…) Once we arrived at our destination, Rudy was definitely loving the company and attention and engaged just about every member of the family into a rousing round of fetch.
My jobs involved toasting the rolls that I brought and also helping to set the table. After all, who needs a turkey when you have napkin rings!??!
My aunt and uncle from Washington DC were also in for the day and it was great to see them! Then it was time for appetizers. My brother-in-law made a spinach-artichoke dip in the style of TGI Fridays and it was delicious. While the plate pictured above looks reasonable enough, in all reality, I actually had about 400 times what you see. Including about 2 cups of that dip!
And what would a 5KCB Thanksgiving be without coffee beans!?!
Not a Thanksgiving at all. I was fading fast throughout the afternoon so a little pick-me-up was definitely in order. Although even after that I still managed to conk out on the couch for a 20 minute nap. It reminded me of the days I'd fall asleep with a cup of coffee in-hand at school!
Now. For the piece de resistance. Are you ready for this?
This plate did NOT require a return for seconds. As you'll notice, it's about 2% turkey and 98% side dishes. In preparation for the big show, I didn't eat a ton throughout the day which meant that I was STARVING when dinnertime rolled around. I INHALED all of what you see there PLUS about 40 pounds of pie.
It was a fantastic night full of family, food and fun. I am so grateful to have taken these two days off from work in order to enjoy some time with family and to kick off the holiday season right! And now it's time for some board games, leftovers and maybe even some shopping. ….Maybe.
Thanks for reading and again, Happy Thanksgiving!!
Good morning from a crazy, makeup-less girl with crazy hair and a crazy dog. I'll catch y'all tomorrow!


text:
Ɣ, ɣ (гамма) — буква расширенной латиницы, символ МФА. Происходит от строчной формы греческой буквы гамма (γ).

Использование
Буква ɣ была введена в МФА в 1931 году для обозначения звонкого велярного фрикатива взамен ранее использовавшейся ǥ. В 1989 году в МФА была введена надстрочная форма буквы (ˠ) для обозначения веляризации (ранее для этого использовалась тильда посередине, ◌̴).

Использовалась в Африканском алфавите, Африканском эталонном алфавите, Алфавите для национальных языков Бенина, Научном алфавите для языков Габона (версия 1989 года; в 1999 году заменена на gh) и в алфавитах африканских языков, основанных на них.

Также используется в латинском алфавите кабильского языка.

См. также
 Список латинских букв
 Ȝ

Примечания

Ссылки

redpajama_set_name: RedPajamaWikipedia


Naomi Perez, Richard Perez's cousin, outside Richmond City Hall on Tuesday March 17, 2015.
The Richmond Police Department's relationship with the city's residents is under strain due to lingering mistrust around the shooting of Richard 'Pedie' Perez, a 24 year-old man killed on September 14, 2014. An investigation led by the Contra Costa County District Attorney determined in January that Officer Wallace Jensen was defending himself when he killed Perez during a struggle outside a convenience store. The officer said Perez grabbed for his gun and lunged at him.
But Perez's family disputes this version of events and feels that the city has made efforts to portray Richard Perez as a troubled young man whose actions are to blame for his death, rather than investigating the officer. The family also believes the city's investigation has lacked transparency, in spite of Richmond's reputation as a progressive city with a reform-minded police department. The Perez family has retained civil rights attorney John Burris to represent them.
On Tuesday afternoon, the Perez family and several dozen supporters gathered outside Richmond's City Hall to demand further investigation and greater transparency in the case.
Richard Perez's mother Julie Perez said she believes that most cops in Richmond want to be transparent and accountable to the community, but that the department has lost credibility with the death of her son, and the way the investigation has been handled.
In contrast to many other police agencies, the Richmond Police have been held up in recent years as an exemplary department that communicates well with the community and has implemented policies to increase transparency and trust, as well as reducing officer-involved shootings.
But Rhonda Perez, Richard's aunt, said that Richmond's elected officials and some within the police department have stood in the way of justice, and that they're risking hard won trust and support from the community. "We're not lined up against the police," said Rhonda Perez. "It was one person who pulled the trigger. We need the good officers to stand up and do something.
The Richmond Police Department did not immediately return a call about the status of the Perez case.
Richard Perez's aunt Rhonda Perez outside Richmond City Hall on March 17, 2015.


text:
Q: xml de-serialization with a very simple file I just started with xml serialization and I tried these:
(1) throws an exception while deserializing.
(2) also throws an exception
(3) not working as it should be.
Any ideas is much appreciated. Thanks in advance.
  1) const string XML = @"<?xml version=""1.0""?>
                    <DietPlan>
                            <Fruit>fig</Fruit>
                            <Veggie>Carrot</Veggie>
                    </DietPlan>";

    [XmlRoot(ElementName = "DietPlan")]
    public class TestData
    {
        [XmlElement("Fruit")]
        public XmlElement Fruits { get; set; }

        [XmlElement("Veggie")]
        public XmlElement test { get; set; }

    }

 2) const string XML = @"<?xml version=""1.0""?>
                    <DietPlan>
                            <Fruit>fig</Fruit>
                            <Fruit>fig</Fruit>
                            <Veggie>Carrot</Veggie>
                            <Veggie>Carrot</Veggie>
                    </DietPlan>";

    [XmlRoot(ElementName = "DietPlan")]
    public class TestData
    {
        [XmlElement("Fruit")]
        public List<XmlElement> Fruits { get; set; }

        [XmlElement("Veggie")]
        public List<XmlElement> test { get; set; }

    }

3) const string XML = @"<?xml version=""1.0""?>
                    <DietPlan>
                        <Data>
                            <Fruit>fig</Fruit>
                            <Fruit>fig</Fruit>
                            <Veggie>Carrot</Veggie>
                            <Veggie>Carrot</Veggie>
                        </Data>
                    </DietPlan>";

    [XmlRoot(ElementName = "DietPlan")]
    public class TestData
    {
        public Datas Datas { get; set; }

    }

public class Datas
{
    [XmlElement("Fruit")]
    public List<XmlElement> Fruits { get; set; }

    [XmlElement("Veggie")]
    public List<XmlElement> test { get; set; }
}

1) The xml files are valid in my context! (though not on the correct format)
2) this is the code i use to de-serialize!
public static void Deserialize()
    {
        var ms = new MemoryStream(Encoding.UTF8.GetBytes(XML));
        var xs = new XmlSerializer(typeof(TestData));
        var obj = (TestData)xs.Deserialize(ms);

    }

EDIT: (3) already has an answer here enter link description here

A: If you do not need your class members to be of type XMLElement, use string instead:
[XmlRoot(ElementName = "DietPlan")]
public class TestData
{
    [XmlElement("Fruit")]
    public string Fruits { get; set; }

    [XmlElement("Veggie")]
    public string test { get; set; }

}

redpajama_set_name: RedPajamaStackExchange


Ask A Chaparral MARKET EXPERT!
Home for sale at 139 Chaparral Valley WY Se Calgary, Alberts T2X 0V4.
Description: The home at 139 Chaparral Valley WY Se Calgary, Alberta T2X 0V4 with the MLS® Number C4223850 is currently listed at $639,900.


Last week I had my 5th EMDR session, and it left me a little in a dark place. So I'm posting it now. It is relatively short, so enjoy.
Here is today's video blog discussing my therapy session this past Thursday. It discusses some new discoveries. Also, I want to warn you, it gets pretty graphic. I just want to give y'all a heads up!


text:
Active Citizens, Crime & Justice, Democracy, Featured, Headlines, Human Rights, Religion, TerraViva Europe
Judge Urges Obama to Halt "Degrading" Guantanamo Force-Feeding
By Carey L. Biron Reprint | | Print |
Guantanamo captives in January 2002. Credit: US Navy/public domain
WASHINGTON, Jul 9 2013 (IPS) - A federal judge here has taken the unusual step of formally calling on President Barack Obama to halt the forcible feeding of dozens of hunger-striking detainees at the Guantanamo Bay Naval Base in Cuba, warning that the practice appears to contravene international law.
But District Court Judge Gladys Kessler said the court system lacks jurisdiction to stop the force-feedings, which have been ongoing since February and currently affect around 45 inmates twice a day. The case had been brought on an emergency basis on behalf of a Syrian detainee, Abu Wa'el Dhiab, who wanted the force-feedings to be stopped for Ramadan.
[Obama] has the power to address the hunger strike – he could end it tomorrow by starting to free prisoners his own government has cleared for release." -- Cori Crider of Reprieve
During the month of Ramadan, which started Tuesday in much of the world, most practicing Muslims are required to fast during the daytime. Three similar motions by other detainees are still pending.
"It is important to stress that this is an issue now of life and death: people are being force-fed and their lives are on the line," Jamil Dakwar, director of the Human Rights Program at the American Civil Liberties Union (ACLU), a watchdog and legal advocacy group, told IPS.
"Their continuous indefinite detention is a now matter of urgency and should not left to political wrangling. We do think the president has the authority to end not only the continuous indefinite detention but also the cruel, inhumane force-feeding at Guantanamo."
On Monday, Judge Kessler noted that the courts are legally barred from considering the conditions of detention of anyone the United States has "properly detained as an enemy combatant".
Yet "there is an individual who does have the authority to address the issue," she wrote in her decision. "[T]he President of the United States, as Commander-in-Chief, has the authority – and power – to directly address the issue of force-feeding of the detainees at GuantanamoBay."
In May, more than a dozen human rights groups wrote to U.S. Defence Secretary Chuck Hagel, requesting that he "order the immediate and permanent cessation of all force-feeding of Guantanamo prisoners … capable of forming a rational judgment as to the consequences of refusing food."
Force-feeding factory
Judge Kessler also outlined a forceful legal and ethical case for why the president should intervene.
Related IPS Articles
Rights Advocates See Progress Toward Closing Guantanamo
Q&A: Guantanamo 'Has No Right to Exist'
Q&A: "To Propel Change, You Have to Be in Their Faces"
"[The] Petitioner has set out in great detail … what appears to be a consensus that force-feeding of prisoners violates Article 7 of the International Covenant on Civil and Political Rights, which prohibits torture or cruel, inhumane, and degrading treatment," Judge Kessler noted, referencing an argument the United Nations and others have made.
"[I]t is perfectly clear … that force-feeding is a painful, humiliating, and degrading process."
Also on Monday, the U.S. musician and activist Yasiim Bey (formerly known as Mos Def) released a graphic video of himself being force-fed. The clip, produced in conjunction with Reprieve, a legal rights organisation representing Abu Wa'el Dhiab, has since gone viral.
"The judge's ruling leaves Obama with nowhere to hide," Cori Crider, Guantanamo attorney and strategic director at Reprieve, said Tuesday. "He has the power to address the hunger strike – he could end it tomorrow by starting to free prisoners his own government has cleared for release."
On Tuesday, U.S. military personnel at GuantanamoBay confirmed that Muslim detainees required to undergo force-feeding would be fed only when the sun is down, in accordance with religious diktat during Ramadan.
Yet the Pentagon has been careful to state that detainees are receiving such treatment as an "accommodation, not a right", a reference to the fact that detainees continue to be legally exempt from U.S. protections that take into account religious belief.
"It is really outrageous that Guantanamo commanders are offering this supposedly religious gesture to accommodate Guantanamo detainees' Ramadan fasting by rearranging the schedule of the force-feedings," the ACLU's Dakwar says.
"This adds insult to injury. It's unacceptable to have the force-feedings in the first place, and therefore it's beyond the pale to do so after the daily Ramadan fasting."
Lawyers for Reprieve, meanwhile, have expressed concern that that the night-time force-feeding schedule could pose dangers to detainees' health.
There will be "just 10 hours and 44 minutes [between sunset and sunrise] for respondents to implement two force-feedings of 45 detainees for up to an hour of feeding time and four hours of total observation time per detainee", Crider and others warn in a brief filed on Jul. 5.
"[Even] if this can even be achieved, GuantanamoBay will become a veritable force-feeding factory."
Obama legacy?
According to the U.S. military, 106 of the 166 detainees at Guantanamo are currently considered to be on hunger strike, protesting what they see as their indefinite detention after many have remained imprisoned without charge after a dozen years. Of these, military officials view 45 detainees to be so weak as to necessitate forceful feedings.
Importantly, nearly all of those receiving force-feedings – including Abu Wa'el Dhiab – have been cleared for release, many for several years. But they remain trapped in a legal limbo due to U.S. laws prohibiting the transfer of some detainees, particularly Yemenis, back to their homeland.
Still, many rights groups have increasingly noted that President Obama has powers available that could alleviate key issues in this process.
Indeed, President Obama himself has expressed sentiments similar to Judge Kessler's, but has repeatedly insinuated that his hands are tied. In May, during a major national security speech in which he suggested that the U.S. government would begin winding down the "war on terror", including reviving a push to close Guantanamo, the president directly criticised the force-feedings at the detention centre.
"Look at the current situation, where we are force-feeding detainees who are holding a hunger strike," the president stated on May 23. "Is that who we are? Is that something that our founders foresaw? Is that the America we want to leave to our children? Our sense of justice is stronger than that."
Yet on Monday, Obama's Department of Justice refused to halt the Ramadan force-feedings. And on Tuesday, White House spokesperson Jay Carney was noncommittal on Judge Kessler's verdict, again trying to spread responsibility for the situation to Congress.
"The president made clear in April, and I think it holds true today, that we don't want these individuals to die, and the action being taken is to prevent that from happening," Carney said.
"[H]e calls on Congress to work with him to ensure that we can lift the moratorium on detainee transfers to Yemen … But the long-term goal here has been … we need to close this facility because it's in our [national security] interest to do so."
Follow @clbtea
Republish | | Print |
Mal Capone (no relation)
Good onya, judge! Disgraceful business!
http://www.youtube.com/watch?v=b_7BjZnOujw
Will the Ukraine War be Resolved With Talks– or with Tanks?
Thalif Deen | Europe
Long, Costly Drought Drives Climate Crisis Home in Argentina
Daniel Gutman | Latin America & the Caribbean
Destruction of Ukraine's Healthcare Facilities Violates International Humanitarian Law – Report
Ed Holt | Europe

redpajama_set_name: RedPajamaCommonCrawl


GUANGZHOU, Sept. 12 (Xinhua) -- Nearly 12,000 residents have been evacuated as the 23rd typhoon of this year approaches south China's Guangdong Province.
As of 3:00 p.m., 11,998 residents living in low-lying areas and in dilapidated buildings had been evacuated. Work had been suspended at more than 200 construction sites, according to local authorities.
More than 36,000 fishing boats, over 11,000 fishermen, and more than 32,000 workers of offshore operations have been called back to port.
Typhoon Barijat is forecast to make landfall in the coastal areas in Guangdong on Thursday.
The province is expected to see heavy storms and gales.


Bokoo Bikes was established in 2000 and was built from the ground up to be an inviting atmosphere for riders of all levels.
We welcome all types of riders, from families with children to adventure riders to competitive cyclists.
Our 10,000 square foot building allows us to stock a wide variety of bikes, gear, and have a full service department.
We look forward to assisting you with your cycling needs!
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text:
September 2003 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence > Year 2003 > September 2003 Decisions > G.R. No. 138366 September 11, 2003 - PEOPLE OF THE PHIL. v. RUBEN CAÑETE, ET AL.:
[G.R. No. 138366. September 11, 2003.]
PEOPLE OF THE PHILIPPINES, Appellee, v. RUBEN CAÑETE (deceased), ALFREDO CAÑETE, SERGIO CAÑETE (deceased), TRINIDAD CAÑETE and SOTERO CAÑETE (deceased), Appellants.
CORONA, J.:
This is an appeal from the decision dated December 15, 1998 of the Regional Trial Court, Branch XXVIII, Mandaue City in Criminal Case No. DU-5985, convicting the appellants of murder and sentencing them to reclusion perpetua.chanrob1es virtua1 1aw 1ibrary
Ruben, Alfredo, Sergio, Trinidad and their father, Sotero, all surnamed Cañete, were charged with murder in an Information dated June 27, 1997 which read:chanrob1es virtual 1aw library
That on the 24th day of May, 1997, at 10:20 o'clock in the morning, more or less, at Sitio Kanagahan, Barangay Tabla, Municipality of Liloan, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, conspiring, confederating and mutually helping with (sic) one another with abuse of superior strength and by means of treachery and evident premeditation, did then and there willfully, unlawfully and feloniously shoot Leonaldo Tanjay Tumayao, hitting him on the vital parts of his body which resulted in the death of the victim shortly thereafter.
CONTRARY TO LAW. 1
Before his trial, on June 1, 1997, Ruben died in detention. 2 Sotero likewise died in detention on June 3, 1997. 3 The remaining accused (Alfredo, Trinidad and Sergio) separately pleaded not guilty during their arraignment. Trial on the merits ensued thereafter.
The prosecution's version of the incident follows.
On May 24, 1997, at about 10:20 a.m., in Sitio Canagahan, Barangay Tabla, Liloan, Cebu, Leonaldo Tumayao, Joel Quimod and Lilio Tundag were on their way home after attending a wedding party. Tumayao was walking ahead of Tundag and Quimod. As they passed by the houses of the accused, Quimod and Tundag heard successive gunshots. Quimod and Tundag immediately looked in the direction where the bursts of gunfire were coming from and saw Ruben, Alfredo, Sergio, Sotero and Trinidad shooting at Tumayao who slumped to the ground. Apparently not satisfied, all the accused approached the fallen Tumayao and continued shooting him. On order of his father Sotero, Alfredo shot Tumayao in the head. 4
Quimod, who was ten meters behind the victim, ran and hid behind the bushes. As soon as the accused left, Quimod went home and narrated the incident to Tumayao's wife. 5
On the other hand, Tundag, who was behind Tumayao, saw Ruben fire his gun at the victim. Tundag attempted to come to the aid of Tumayao but the latter shouted at him to flee. Thus, he ran back to the wedding party while hearing more gunshots. At the wedding party, Tundag informed the people about the ambush. Thereafter, he went back to the crime scene where he saw Tumayao's lifeless body on the road. 6
Vilma Tumayao, daughter of the victim, went to the crime scene after she was informed of the shooting. She saw all the accused near the dead body of her father. Vilma, however, could not approach him because Alfredo aimed his gun at her. 7 It was only after the arrival of the policemen that Vilma was finally able to get near the body of her father.chanrob1es virtua1 1aw 1ibrary
The policemen ordered the accused to come out of their houses and surrender. After an hour, Sergio, Sotero and Trinidad surrendered to the authorities while Ruben and Alfredo managed to escape. 8 But after learning they were included in the criminal complaint, they surrendered to the Talamban Police Station, Cebu City.
Dr. Jesus P. Cerna, medico-legal officer of the PNP, conducted an autopsy on Tumayao. 9 According to him, the victim sustained five wounds from a shotgun and one grazing wound which could have been caused either by a pellet or a cartridge of a shotgun, or by a bullet fired from a gun. 10 The cause of death of Tumayao was "shock, secondary to shotgun (pellet wounds) body and extremity." 11
The defense had a different story.
On May 23, 1997, Ruben's wife, Teresita Cañete, was in Barangay Lanipga, Consolacion, Cebu, to help prepare food for the wedding of her husband's cousin. She stayed there overnight. At the wedding reception the following morning, Leonaldo Tumayao, alias Eduardo or Edit, approached Ruben who was then looking for a cold soft drink. Tumayao said "Here is something cold," and suddenly punched Ruben. Teresita summoned her husband and asked him to go home with her. The latter acquiesced. Before they left, however, Teresita saw Tundag give Tumayao what looked like a .45 caliber pistol. 12
Seconds later, Tumayao, together with Quimod, Tundag and the latter's son followed Ruben to his house on a motorcycle or habal-habal. Tumayao alighted and thereafter shouted "This is now a combat" while firing a gun. 13
Hearing the gunshots, Teresita brought her children to the safety of a neighbor's house. As she went back for her other child, Teresita saw her husband Ruben standing beside a coconut tree. Tumayao stood in front of the house of Alfredo who was shouting at him not to throw stones as he might hit the children. 14 At that point, Ruben shot Tumayao with a pugakhang, an improvised shotgun. Tumayao slumped to the ground. 15
Quimod ran away when Tumayao began firing his gun. Tundag and his son also sped away on board the motorcycle. Tumayao was left alone. 16
When the shooting erupted, Teresita also ran away. She did not see Alfredo approach Tumayao or fire at the latter's head. Moreover, she did not see Sotero, Trinidad and Sergio in the vicinity during the shooting incident. 17
Alfredo declared that, during the shooting incident, he was in his house in Canagahan, Barangay Tabla, Liloan, Cebu. He and his wife saw Ruben shoot Tumayao. Alfredo then brought his wife to Tayud, Consolacion, as the latter was in a state of shock after witnessing the shooting incident. 18 He voluntarily surrendered to the police upon learning that he was implicated in the killing of Tumayao. 19
For their part, Trinidad and Sergio declared that they were in the mango plantation of their aunt, Cirila Cañete, at Sitio Canagahan, Barangay Tabla, Liloan, Cebu from 6:00 to 11:30 a.m. on the day of the incident. Trinidad was spraying insecticide on the mango trees while Sergio was with him, fetching water from the creek to be mixed with the chemicals being used by Trinidad. Thereafter, Trinidad and Sergio went home and were surprised to see many people gathered in front of their house. They were told by their father, Sotero, that Ruben killed Tumayao with a pugakhang. 20
The police arrived at the scene of the crime at around 12 noon and immediately ordered the appellants to come out of their houses and surrender. Sotero, Trinidad and Sergio heeded the order. The policemen thereafter handcuffed them. When the appellants asked why they were being handcuffed, the policemen replied: "This is your obligation because he died in your land." 21
The trial court found the three accused, appellants herein, guilty beyond reasonable doubt of the crime of murder for the killing of Leonaldo Tumayao:chanrob1es virtual 1aw library
WHEREFORE, finding the herein accused SERGIO, TRINIDAD and ALFREDO, all surnamed CAÑETE, GUILTY beyond reasonable doubt for the crime of MURDER, said accused are hereby sentenced to each undergo the penalty by imprisonment of reclusion perpetua, with the accessories of the law, to indemnify jointly and severally the legal heirs of the deceased Leonaldo Tumayao the following amounts:chanrob1es virtual 1aw library
(1)	P10,000.00 after deducting from the total expenses of P52,000.00 the amount of P42,000.00, which the legal heirs of Leonaldo Tumayao received form (sic) the SSS as actual damages; andchanrob1es virtua1 1aw 1ibrary
(2)	P50,000.00 by reason of the death of the deceased Leonaldo Tumayao, all without subsidiary imprisonment in case of insolvency; and to pay their proportionate share of the cost.
Accused being detention prisoners, shall be credited in (sic) the service of their sentence full time during which they have undergone preventive imprisonment.
SO ORDERED. 22
Thus, the instant appeal with a lone assignment of error:chanrob1es virtual 1aw library
THE TRIAL COURT COMMITTED GRAVE REVERSIBLE ERROR IN CONVICTING ACCUSED SERGIO CAÑETE, TRINIDAD CAÑETE AND ALFREDO CAÑETE, PRINCIPALLY, ON THE BASIS OF THE EVIDENTLY BIASED AND HIGHLY INCREDIBLE TESTIMONY OF WITNESSES JOEL QUIMOD, LILIO TUNDAG AND VILMA TUMAYAO, MUCH LESS, FOR MURDER. 23
During the pendency of the appeal, the Court was informed by Assistant Director Reinario F. Albano of the Bureau of Corrections that appellant Sergio Cañete died on May 11, 2003 of an undetermined cause at the New Bilibid Prison Hospital. On account thereof, Sergio's criminal liability was extinguished.
Appellants allege the existence of glaring inconsistencies and bias in the testimonies of prosecution witnesses Tundag, Quimod and Vilma Tumayao. Specifically, Quimod's testimony that Alfredo shot Tumayao in the head at close range contradicted that of Tundag and the findings of the medico-legal officer in the necropsy report which noted no gunshot wound in the head of the victim.
Likewise, Quimod's testimony was purportedly against the natural course of things since Tumayao's body should have been riddled with pellets and slugs had five armed men simultaneously fired at him at close range. All the police investigators recovered at the crime scene were one spent .45 caliber shell, three fired shotgun shells and one live shotgun round.
Appellants also claim that prosecution witnesses Tundag and Quimod were bedfellows of Tumayao who had an ax to grind against the appellants. At any rate, according to appellants, the killing was preceded by sufficient provocation on the part of the victim, hence, the crime committed, if any, was only simple homicide and not murder.
It is apparent that appellants' posture rests mainly on the credibility of the prosecution witnesses. The rule is well-settled that the trial court's evaluation of the testimony of witness and its factual findings are accorded not only the highest respect but also finality, unless some weighty circumstance has been ignored, overlooked or misunderstood which, if appreciated, would alter the result of the case. Given the direct opportunity to observe the witness on the stand, the trial judge is in a vantage position to assess his demeanor and determine if he is telling the truth or not. 24 In People v. De Guzman, we held that —
In the resolution of the factual issues, the Court relies heavily on the trial court for its evaluation of the witnesses and their credibility. Having the opportunity to observe them on the stand, the trial judge is able to detect that sometimes thin line between fact and prevarication that will determine the guilt or innocence of the accused. That line may not be discernible from a mere reading of the impersonal record by the reviewing court. The record will not reveal those tell-tale signs that will affirm the truth or expose the contrivance, like the angry flush of an insisted assertion or the sudden pallor of a discovered lie or the tremulous mutter of a reluctant answer or the forthright tone of a ready reply. The record will not show if the eyes have darted in evasion or looked down in confession or gazed steadily with a serenity that has nothing to distort or conceal. The record will not show if tears were shed in anger, or in shame, or in remembered pain, or in feigned innocence. Only the judge trying the case can see all these and on the basis of his observations arrive at an informed and reasoned verdict. 25 (Emphasis ours)
We find no compelling reason to disturb the factual findings and conclusions of the trial court. Indeed, the prosecution witnesses proved credible during the trial. In fact, Tundag did not waver in his testimony regarding the details of the crime, whether on direct or on cross-examination, thus:chanrob1es virtual 1aw library
Q.	You could not have committed an error in describing the gun he was holding whether it was long or short?chanrob1es virtua1 1aw 1ibrary
A.	It was short. I could not be wrong.
Q.	I would show to your affidavit and in fact, I will read to you your affidavit, a portion of which says:jgc:chanrobles.com.ph
". . . diha sa ibabaw sa buntud sa balay ilang amahan diha sa kilid sa batu nagpahipi nga nagdala gihapon sa iyang armas nga taas . . ."cralaw virtua1aw library
Can you explain this very glaring discrepancy between your statement and your affidavit?
A.	What I saw was a short firearm. It was the police who stated that but what I saw was a short firearm but the police said it was long.
Q.	How about the place where he was hiding? Your affidavit says that he was hiding behind a rock but you testified that he was standing beside his house. Which is which now?
A.	What is correct is my statement here that he was standing beside his house. But the police insisted to state that it was behind the rock.
Q.	Did you not ask the police why it should be stated that way and not your way?
A.	But the police said that we will just go on with this and I also said that it is up to you.
Q.	You said that you have read this affidavit before you signed it?
A.	I read it but those two facts reflected in my affidavit are wrong and I know that they are wrong.
Q.	Let us go to another point. You said that you were at the wedding place at 10:30 per your affidavit but then according to your statement now, you said that at 8:30 you already left the place. Which is true now?
A.	That is an estimate of the police because at that time I cannot really give the exact time because at that time I was scared.
Q.	You signed it before Judge Dagatan?
A.	Yes.
Q.	Did you not tell Judge Dagatan that there were so many things in this affidavit that were place (sic) by the policeman despite your objection?
A.	I told Judge Dagatan that some were inserted by the police.
Q.	What did Judge Dagatan do?
A.	He said that you will sign this in my presence, so you have to sign this and I told him "Judge there are insertions. 26
Tundag's tenacious insistence on the minute details of what happened suggested nothing else except that he was telling the truth. We do not doubt his credibility.
The presence of spent shells of more than one caliber, i.e., .45 and shotgun ammunition, at the scene of the crime negated the version of the defense that it was only Ruben who shot and killed Tumayao. On cross-examination, Quimod even testified:chanrob1es virtual 1aw library
Q:	And let us talk of Sotero Cañete. Can you tell us what was the firearm he was holding, if it was a firearm?
A:	I do not know but he was holding his pistol and I do not know the caliber.
Q:	How did you know that it was a pistol?
A:	It was short.
Q:	How far were you to (sic) Sotero when you saw him carrying that short thing, which you said is (sic) a firearm?
A:	Around 20 meters.chanrob1es virtua1 1aw 1ibrary
Q:	How far were you from Ruben?
A:	A little more than 20 meters.
Q:	So what was Ruben carrying then?
A:	Shotgun. 27
Tundag also testified:chanrob1es virtual 1aw library
Q.	Whose house among the Cañetes would you be (sic) passing first?
A.	Alfredo.
Q.	Was there anything unusual that happened when you passed by the house of Alfredo Cañete?
A.	There was. Alfredo fired [his gun].
Q.	How far were you as well as Leonaldo Tumayao from Alfredo Cañete when you made mention earlier that he was firing his gun?
A.	Around two arms length more or less.
Q.	When you saw Alfredo Cañete firing his gun to whom was it directed?
A.	To Leonaldo.
Q.	And aside from Alfredo Cañete whom you saw firing his gun aimed at Leonaldo Tumayao, were there other persons whom you saw?
A.	I saw Ruben Cañete who was carrying a long weapon.
COURT TO WITNESS:chanrob1es virtual 1aw library
Q:	Who else?
A:	Sotero Cañete.
Q.	And were you able to see Sotero bringing anything?
A.	He was holding a short firearm. 28
The perceived contradictions in the testimonies of Quimod and Tundag referred only to minor matters. There was no inconsistency as far as the principal occurrence and the positive identification of the assailants were concerned. 29 Minor discrepancies do not damage the essential integrity of the evidence in its material whole nor reflect adversely on the witnesses' credibility. 30 We have previously held, in fact, that minor inconsistencies, far from detracting from the veracity of the testimony, even enhance the credibility of witnesses for they remove any suspicion of a contrived or rehearsed testimony. 31
Despite the absence of any wound in the head allegedly caused by a final shot by Alfredo, the shots fired at Tumayao by the appellants nevertheless resulted in his death. As established by the prosecution through the testimony of Dr. Jesus Cerna:chanrob1es virtual 1aw library
Q	How do you consider these five pellet wounds, are they fatal?
A	Yes, sir, because pellet wounds or the wound caused by the pellet in case of wound no. 2 was able to penetrate the abdominal cavity and perforated a portion of the small intestines. In wound no. 3, the pellet was able to penetrate the thoracic cavity and lacerated the upper and lower lobes of the right lung. In wound no. 4, the pellet was able to penetrate the right thoracic cavity and lacerated the lower lobe of the right lung. Of all the pellet wounds, three of them were fatal.
Q	They are fatal in the sense that it would result to (sic) immediate death of the victim?
A	Almost instantaneous death.chanrob1es virtua1 1aw 1ibrary
Q	If you were to be asked, doctor, what was the cause of death?
A	The immediate cause of death was due to shock secondary to massive loss of blood, internal bleeding secondary to pellet wounds. 32
In this case, the prosecution witnesses positively identified the appellants as the persons who fired their guns at Tumayao. It was of no moment who among the appellants actually hit and killed the victim. The fact that the witnesses' testimonies were consistent regarding the commission of the crime as well as the positive identification of the appellants as the perpetrators thereof, far outweighs the minor inconsistencies therein. 33 Thus:chanrob1es virtual 1aw library
So long as the witnesses' testimonies agree on substantial matters, the inconsequential inconsistencies and contradictions dilute neither the witnesses' credibility nor the verity of their testimonies. When the inconsistency is not an essential element of the crime, such inconsistency is insignificant and can not have any bearing on the essential fact testified to, that is, the killing of the victim. 34
The time-tested rule is that, between the positive assertions of prosecution witnesses and the mere denials of the accused, the former undisputedly deserve more credence and are entitled to greater evidentiary value. 35 More so in this case where appellants failed to sufficiently explain why a shotgun was found at Sotero's hut or why Trinidad was found positive for gunpowder burns.
Neither could appellants' alibi prosper, since they failed to prove that they were at another place at the time of the commission of the crime and that it was physically impossible for them to be at the crime scene. 36 Appellants Sergio and Trinidad's claim that they were at the mango plantation, just one kilometer away from the scene of the crime, did not negate the possibility that they had gone home before the incident to commit the crime. Their alleged presence at the mango plantation was not even established by a positive declaration from an independent witness.
Moreover, the prosecution witnesses were not shown to have been driven by any ill will or false motive in testifying against appellants. The fact that there were pending civil and criminal cases between the prosecution witnesses and the Cañetes did not per se establish that the prosecution witnesses were improperly motivated to impute a very serious accusation against appellants for which the possible penalty could either be death or life imprisonment. The trial court did not perceive such motivation on the part of the prosecution witnesses as would make them falsely implicate appellants in the commission of the crime.
Our consistent ruling has been that the witness' testimony deserves full faith and credit where there exists no evidence to show any dubious reason or improper motive why he should testify falsely against the accused, or why he should implicate the accused in a serious offense. 37
Appellants likewise assail the trial court's finding that conspiracy, treachery and evident premeditation attended the commission of the crime.
Conspiracy need not be established by direct evidence. It may be inferred from the acts of the accused before, during or after the commission of the crime which, when taken together, would be enough to reveal a community of criminal design. 38 Gleaned from the records is the following chain of events which proved that there was a community of design among the appellants: (1) appellants positioned themselves strategically before ambushing Tumayao; (2) Alfredo fired at Tumayao although there was no certainty that he hit the victim; (3) Ruben shot and hit the victim with his shotgun; (4) appellants fired their guns successively at Tumayao; (5) appellants, still holding their firearms, surrounded Tumayao after he slumped to the ground; (6) Sotero was holding a pistol and he ordered Alfredo to deliver the coup de grace to the victim; (7) Alfredo obeyed Sotero's order by shooting Tumayao one last time; (8) Alfredo and Ruben escaped from the scene of the crime; (9) Sotero, Sergio and Trinidad hid inside the latter's house away from the crime scene until they were ordered by the police to come out and surrender.
Therefore, even presuming for the sake of argument that the wounds inflicted on Tumayao were the result of a single shot from a shotgun, appellants' presence and participation nonetheless made possible the execution of the crime. Accordingly, the appellants should all be held liable for the death of Tumayao for, in a conspiracy, the act of one is the act of all.chanrob1es virtua1 1aw 1ibrary
We likewise agree that treachery attended the commission of the crime. There is treachery when the offender commits any of the crimes against persons, employing means or methods in the execution thereof which tend directly and specially to insure its execution, without risk to the offender, arising from the defense which the offended party might make. The essence of treachery is the sudden and unexpected attack without the slightest provocation on the part of the person being attacked. 39 In this case, the events narrated by the eyewitnesses point to the fact that Tumayao could not have been aware that he would be attacked by appellants. There was no opportunity for Tumayao to defend himself as appellants, suddenly and without any provocation, fired their guns at him, one after the other.
However, the prosecution failed to establish beyond reasonable doubt the aggravating circumstance of evident premeditation. There was no proof that the appellants deliberately planned to liquidate the victim. On the contrary, the killing of the victim was the immediate impulsive reaction of appellants to Tumayao's act of punching Ruben. Moreover, the time that elapsed between the punching incident and the commission of the crime was not sufficient for Ruben and the rest of the appellants to reflect upon the consequences of their intended act. The elements of evident premeditation, namely: (1) the time when the offender appeared determined to commit the crime; (2) the act evidently indicating that the offender clung to his determination, and (3) sufficient lapse of time between the determination to commit the crime and the execution thereof during which the offender was able to reflect on the consequences of his act, 40 were wanting in this case.
We agree with the trial court that the mitigating circumstance of voluntary surrender should be appreciated in favor of Alfredo and the mitigating circumstance of immediate vindication of a grave offense conceded in favor of all the appellants. Saving the authorities the trouble and expense for his search and capture, and freely placing himself at their disposal, Alfredo should be given the favor of a mitigated penalty for his voluntary surrender. The mitigating circumstance of voluntary surrender, being personal however, can only be appreciated in favor of appellant Alfredo.
It must be recalled that, immediately prior to the incident, Tumayao punched Ruben in the presence of many people at the wedding party. Although the incident did not immediately precede the killing, its impact, by reason of its seriousness and the circumstances under which it was inflicted, festered till the commission of the crime. 41 The mitigating circumstance of immediate vindication of a grave offense must, therefore, be appreciated in favor of the appellants.
All told, we are convinced that appellants Alfredo and Trinidad are guilty beyond reasonable doubt of murder which carries the penalty of reclusion perpetua to death. Since the mitigating circumstances of voluntary surrender immediate vindication of a grave offense were present in this case, the lesser penalty of reclusion perpetua was properly imposed by the trial court.
As regards damages, there is need to modify the award by the trial court. The prosecution was able to prove the amount of P7,000 only as actual damages. 42 In People v. Villanueva, 43 we declared that the legal heirs shall be entitled to temperate damages in the amount of P25,000 when the amount of actual damages proven is less than P25,000. However, the victim's daughter testified that she received P12,000 from the Social Security System as reimbursement for burial expenses. 44 This amount should be deducted from P25,000 and the victim's heirs awarded the balance of P13,000 as temperate damages.
WHEREFORE, the decision of the Regional Trial Court, Branch 27, Mandaue City, is hereby AFFIRMED with MODIFICATION. Appellants Trinidad Cañete and Alfredo Cañete are hereby found guilty of murder and sentenced to reclusion perpetua.
Appellants are also ordered to indemnify the heirs of the victim, Leonaldo Tumayao, P50,000 as civil indemnity and P13,000 as temperate damages.chanrob1es virtua1 1aw 1ibrary
Panganiban, Sandoval-Gutierrez and Carpio Morales, JJ., concur.
Puno, J., on official leave.
1.	Rollo, pp. 8–9.
2.	Record, pp. 40–41; TSN, November 13, 1997, pp. 4–5.
3.	Record, p. 42; TSN, November 13, 1997, pp. 7–8.
4.	TSN, November 13, 1997, pp. 11–18; TSN, January 15, 1998, pp. 11–16.
5.	TSN, November 13, 1997, pp. 19–22.
6.	TSN, January 15, 1998, pp. 12–16.
7.	TSN, February 10, 1998, pp. 10–11.
8.	Ibid., 17; TSN, March 6, 1998, pp. 10–11.
9.	TSN, March 31, 1998, pp. 3–11.
10.	TSN, March 31, 1998, pp. 4–7.
11.	Exhibit "Q" ; Record, p. 94.
12.	TSN, July 15, 1998, pp. 10–13.
13.	Ibid., pp. 13–15.
18.	TSN, September 16, 1998, pp. 6–10.
20.	TSN, September 17, 1998, pp. 4–6; TSN, September 22, 1998, pp. 6–7.
22.	Rollo, pp. 27–72.
23.	Rollo, p. 92; Brief for Accused-Appellants.
24.	People v. Valla, 323 SCRA 74 [2000], citing Sumalpong v. Court of Appeals, 268 SCRA 764 [1997] and People v. Sison, 189 SCRA 643 [1990]; People v. Fuensalida, 281 SCRA 452 [1997].
25.	188 SCRA 407 [1990]; Emphasis supplied; see also People v. Silvano, G.R. Nos. 141105-11, March 8, 2002, People v. Estorco, 331 SCRA 38 [2000] and People v. Cayabyab, 27 SCRA 387 [1997].
26.	TSN, January 15, 1998, pp. 27–29.
27.	TSN, November 13, 1997, pp. 29, 33, 38.
29.	People v. Bato, 325 SCRA 671 [2000].
30.	People v. Mitra, 328 SCRA 774 [2000].
31.	People v. Pacificador, G.R. No. 126515, February 6, 2002.
32.	TSN, March 31, 1998, pp. 10–11.
33.	People v. Appegu, G.R. No. 130657, April 1, 2002.
34.	Ibid; Emphasis supplied.
35.	People v. Monteron, G.R. No. 130709, March 6, 2002; Tecson v. Sandiganbayan, 318 SCRA 80 [1999].
36.	People v. Alvarado, G.R. No. 145730, March 19, 2002.
37.	People v. Lomerio, 326 SCRA 530 (2000); People v. Merino, 321 SCRA 199 [1999].
38.	People v. Pacificador, G.R. No. 126515, February 6, 2002 citing People v. Cañete, 364 Phil. 423 [1999].
39.	People v. Sindol, G.R. No. 131734, March 7, 2002 citing People v. Lascota, 275 SCRA 591 [1997].
40.	People v. Malansing, G.R. Nos. 131736-37, March 11, 2001.
41.	People v. Parana, 64 Phil. 331 [1937].
42.	Exhibit 1, Records, p. 82.
43.	G.R. No. 139777, August 11, 2003.
44.	TSN, March 24, 1998, p. 9.
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G.R. No. 144533 September 23, 2003 - JIMMY L. BARNES v. TERESITA C. REYES, ET AL.
G.R. Nos. 146786-88 September 23, 2003 - PEOPLE OF THE PHIL. v. ANDRES T. DAÑO
G.R. No. 149295 September 23, 2003 - PHILIPPINE NATIONAL BANK v. GENEROSO DE JESUS
G.R. No. 149370 September 23, 2003 - PEOPLE OF THE PHIL. v. MARTIN ALEJO
G.R. No. 150905 September 23, 2003 - CITIBANK v. EFREN S. TEODORO
G.R. No. 151072 September 23, 2003 - PEOPLE OF THE PHIL. v. FELIPE NATIVIDAD, ET AL.
G.R. No. 151931 September 23, 2003 - ANAMER SALAZAR v. PEOPLE OF THE PHILIPPINES, ET AL.
G.R. Nos. 152823-24 September 23, 2003 - RUFINA CHUA v. COURT OF APPEALS, ET AL.
G.R. No. 152998 September 23, 2003 - SIMON Q. AÑONUEVO, JR., ET AL. v. COURT OF APPEALS, ET AL.
G.R. No. 156295 September 23, 2003 - MARCELO R. SORIANO v. SPS. RICARDO and ROSALINA GALIT
G.R. No. 156983 September 23, 2003 - In the Matter of the Application for the Habeas Corpus of JOSE VICTOR RIGOR y DANAO v. The Superintendent
A.M. No. P-00-1418 September 24, 2003 - OFFICE OF THE COURT ADMINISTRATOR v. CELESTINA B. CORPUZ
G.R. No. 124293 September 24, 2003 - JG SUMMIT HOLDINGS v. COURT OF APPEALS, ET AL.
G.R. No. 130087 September 24, 2003 - DIANA M. BARCELONA v. CA, ET AL.
G.R. No. 136726 September 24, 2003 - PANFILO V. VILLARUEL v. REYNALDO D. FERNANDO, ET AL.
G.R. No. 148924 September 24, 2003 - TOYOTA MOTOR PHILS. v. CA, ET AL.
G.R. No. 153781 September 24, 2003 - PEOPLE OF THE PHIL. v. MATEO GREGORIO, ET AL.
G.R. Nos. 153885 & 156214 September 24, 2003 - LEPANTO CONSOLIDATED MINING CO. v. WMC RESOURCES INTERNATIONAL PTY. LTD.
A.M. No. RTJ-03-1746 September 26, 2003 - ROGER F. BORJA v. ZORAYDA H. SALCEDO
G.R. No. 130330 September 26, 2003 - FERNANDO GO v. MICHAEL TAN and LOLITA TAN
G.R. No. 141217 September 26, 2003 - PEOPLE OF THE PHIL. v. EUSEBIO DUBAN
G.R. No. 144037 September 26, 2003 - PEOPLE OF THE PHIL. v. NOEL P. TUDTUD, ET AL.
A.C. No. 5480 September 29, 2003 - LEILANI OCAMPO-INGCOCO, ET AL. v. ALEJANDRO G. YRREVERRE, JR.
G.R. Nos. 137370-71 September 29, 2003 - PEOPLE OF THE PHIL. v. RAUL OCO
G.R. No. 139185 September 29, 2003 - PEOPLE OF THE PHIL. v. ALFONSO RIVERA
G.R. No. 148902 September 29, 2003 - PEOPLE OF THE PHIL. v. DANILO ANDRADE
G.R. No. 149718 September 29, 2003 - MARIO VALEROSO v. PEOPLE OF THE PHIL.
G.R. No. 152057 September 29, 2003 - PT & T CORP. v. COURT OF APPEALS, ET AL.
A.C. No. 5854 September 30, 2003 - NORA E. MIWA v. RENE O. MEDINA
G.R. No. 127593 September 30, 2003 - CLARA C. DE LA CRUZ, ET AL. v. COURT OF APPEALS, ET AL.
G.R. Nos. 136742-43 September 30, 2003 - PEOPLE OF THE PHIL. v. DANILO Y. ALFARO
G.R. Nos. 140514-15 September 30, 2003 - PEOPLE OF THE PHIL. v. JUNE IGNAS
G.R. No. 142751 September 30, 2003 - PEOPLE OF THE PHIL. v. RODRIGO OPELIÑA, ET AL.
G.R. No. 143010 September 30, 2003 - MIGUEL DANOFRATA v. PEOPLE OF THE PHIL.
G.R. No. 144230 September 30, 2003 - ARTURO G. MACKAY v. ADORACION G. ANGELES, ET AL.
G.R. No. 148332 September 30, 2003 - NATIONAL DEVELOPMENT COMPANY v. MADRIGAL WAN HAI LINES CORP.


text:
Seven Things You Don't Remember About Last Year
This year is not going well. The world is sick in many ways. A literal sickness is currently keeping us under quarantine, killing people by the truckload, and crushing economies. Whatever the final effects, it will surely leave a mark. Of course, that ain't all is it? Here in the United States, the best chance we had at system-wide change lost his presidential bid to a pan of old milk because we as a people are afraid of anything new. Come election time, we'll choose between the evil of two lessers and go absolutely nowhere. Plus Neil Peart died in January, and the teenager walled up inside me has been aimlessly wandering the halls ever since.
We remember the old ways, before the riptides of life pulled us into separate islands. You probably dream of going out again to concerts, to movies, to sporting events. Hanging with your buds, visiting your family, searching for someone new to connect with. We all clutch those memories like sacred totems. But what of the small, not at all insignificant moments that fell between those memories and were lost? They are just as vital, just as precious and in need of preserving.
Things like...
The Silences
Once in a while, it was just quiet. Maybe you were alone, or maybe not, but there was no noise. No television, no phone, no talking. You sat with your thoughts, your emotions, and let them fully consume you. No one told you what was important, what you should think or worry about, what you should imagine or contemplate. All that came from inside. There was no one but you. And, for a brief moment, you knew exactly who you were.
That First Cup of Coffee in the Morning
Everything before was heavy and insubstantial, obscured by fog. Everything after was a hurried bustle from station to station, always racing someone else's clock. But the moment you took that first sip was yours only. You were alive, and the world opened like a blossom. Then you noticed you were late, and you slipped back into the gearwork of ceaseless machinery, a nameless, uncounted cog.
The Drive Home
You listened to your favorite music, a podcast, the news, anything but the sound of the tires in the rain or the hum of your heart. You had no obligation except to drive, and sometimes not even that. Your hands know the way home, could probably make it there on their own. You had all that silence and time. You could have written a poem in your mind, spoken a love letter into the air, transcribed that novel you've been promising all your life. But you complained about the traffic and the weather, over which you had no control at all.
The Anticipation
Your favorite show aired its final episode; the best band in the world released a new album after half a decade of silence; the next book in a series you've been reading since high school finally hit the stores. And you wanted it. Would it be any good? Of course it would. In your mind, before the reveal, it was the greatest work of art ever. You waited, and it only got better as the release date approached. Then it came, and you bought it, or downloaded it, or dropped it into your queue. And it sat there, this faultless, ideal art that existed for you and you alone. How long did you wait before you destroyed it?
The Time Between Awaking and Arising
The dream was still with you and just as real as the brightening window or the covering quilt. For a few moments the geography of sleep was solid, the shifts in time and perspective perfectly reasonable. You could still flex your wings and taste angel breath. You were still falling, painting, surfing on the moon, conversing with trees. You remembered how to play the pumpkin you carved from a trumpet shell. Then you kicked aside the bed clothes and rushed to the bathroom, and the clinging mists of make believe broke and dissolved to nothing.
Being Sad
It happened a few times last year. Usually, it was a memory that brought it on, someone you used to know, something you once could do. It struck like a fist, and you gasped for air and reached to fill the silence with noise, the void with anything. You were hurt because you remembered, and you remembered out of love. You missed that person because you loved him; you cried because she meant so much. You felt lost because you had changed and life changed around you. The fact it hurt meant it was real and you were alive. You were lucky to feel that sadness and the love from which it was born.
All the Hugs
You got them when you left someplace and when you arrived. Some were brief and light, while others lingered warm and tight. Who did you hug last year? How many did you give and get? You don't remember, do you? Well, it's not too late. Start a hug journal today. Be sure to note duration, pressure, warmth, and moisture (where applicable).
Mysteries of Night Escape the Light of Day
Right With the
What Makes a
Miracle?
Updated May 1, 2020


text:
by Guy de Maupassant
Jacques de Randal, having dined at home alone, told his valet he might go out, and he sat down at his table to write some letters.
He ended every year in this manner, writing and dreaming. He reviewed the events of his life since last New Year's Day, things that were now all over and dead; and, in proportion as the faces of his friends rose up before his eyes, he wrote them a few lines, a cordial New Year's greeting on the first of January.
So he sat down, opened a drawer, took out of it a woman's photograph, gazed at it a few moments, and kissed it. Then, having laid it beside a sheet of notepaper, he began:
"MY DEAR IRENE: You must by this time have received the little souvenir I sent you, addressed to the maid. I have shut myself up this evening in order to tell you——"
The pen here ceased to move. Jacques rose up and began walking up and down the room.
For the last ten months he had had a sweetheart, not like the others, a woman with whom one engages in a passing intrigue, of the theatrical world or the demi-monde, but a woman whom he loved and won. He was no longer a young man, although he was still comparatively young for a man, and he looked on life seriously in a positive and practical spirit.
Accordingly, he drew up the balance sheet of his passion, as he drew up every year the balance sheet of friendships that were ended or freshly contracted, of circumstances and persons that had entered into his life.
His first ardor of love having grown calmer, he asked himself with the precision of a merchant making a calculation what was the state of his heart with regard to her, and he tried to form an idea of what it would be in the future.
He found there a great and deep affection; made up of tenderness, gratitude and the thousand subtleties which give birth to long and powerful attachments.
A ring at the bell made him start. He hesitated. Should he open the door? But he said to himself that one must always open the door on New Year's night, to admit the unknown who is passing by and knocks, no matter who it may be.
Guy de Maupassant, universally acknowledged as a father of the modern short story, is celebrated for his clever plotting. Born in Normandy, he was the protégé of Flaubert, who guided his debut. His first story, "Boule de Suif" (1880), was characterized as a masterpiece, and he continued to write methodically, producing two to four volumes of stories a year, as well as his greatest novel, Pierre et Jean. Wealthy and celebrated, he contracted syphilis and was diagnosed insane in 1891. Maupassant died in 1893, short of his forty-third birthday, having penned his own epitaph: "I have coveted everything and taken pleasure in nothing."
Winter Home Life Love Women &
Men Solitude
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Apart from its main series of publications, ASHA also publishes other titles from time to time. These are on a range of topics.
The Archaeology of Whaling in Southern Australia and New Zealand, Susan Lawrence & Mark Staniforth (eds), 1998.
Papers in Historical Archaeology, Judy Birmingham & Damaris Bairstow (eds), 1987.


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redpajama_set_name: RedPajamaGithub


text:
Jofra Archer wants to take control ahead of pink ball Test against India
Updated: February 23rd, 2021, 07:20 IST
Photo courtesy: indiafantasy.com
Ahmedabad: England pacer Jofra Archer said Monday his team would control the fourth and final Test against India if they manage to win the upcoming pink ball match. The pink ball game begins here Wednesday. The series is currently tied at 1-1. The series has assumed importance with both teams in the hunt for a spot in the World Test Championships (WTC) final. Jofra Archer did not play the second Test due to an elbow injury. He is set to feature in the pink ball game.
Archer was asked if England win can the series from here. "Oh yes. I think that's why this next Test is important. If we do go ahead we can always draw (fourth Test). We always play to win but this next one puts us in the driver's seat. I think we control the last game if we win this one," Archer said.
Archer is looking forward to bowling with the pink ball under lights. "It feels like a normal pink ball to be honest. Used the pink ball a couple of times. It's pretty much the same, it scruffs a little bit, little bit hard to shine but usually stays a little bit harder. And when the lights come on it does a little bit more than it does during the day," the paceman added.
Though the pink ball aids the pacers more, the pitch is expected to be another turner. "I think in India spinners play a big role. Don't think the captain expects you (a pacer) to get a five-for or six-for in the sub-continent. If you get two or three wickets you've done your job. I think that is our job," said Archer on his role in the side.
The speedster said he would have not played the second Test anyway. This is because of England's rotation policy to cope with the bubble life.
"Feeling fine I guess, no complaints here. I just tried to utilise the best of a two-week window. I could have played the second Test if needed. But I was going to be rested anyway so I could have enough time to rebuild for third Test. It is always nice to be in competition for a spot," Archer said.
The rotation policy has been a subject of an intense debate. However, Archer said it is the need of the hour. "I think it's necessary especially now during COVID and stuff, there's a lot of resting and quarantine periods. I think rest and rotation is necessary for now. That's why we have such a big squad. Touchwood everyone is fit, but it's very unlikely, someone will go down with injury. The last thing we need is to be scrambling for a replacement," Archer signed off.
Tags: COVIDenglandFast bowlerJofra ArcherPink BallRotationspinners
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Courtesy of IGN comes a video showing the first 15 minutes of gameplay (not cinematics) from Projekt Red's new open world adventure game The Witcher 3: Wild Hunt.
One thing is for certain, the game looks absolutely gorgeous as you play the role of Geralt of Rivia, a "witcher" (a magically and genetically mutated monster slayer for hire), who sets out to confront an otherwordly army known as the Wild Hunt. Even though this is the coda for Geralt's story, the developer says that The Witcher 3 can be played as a standalone without having to know the backstory of the previous two games (2007's The Witcher, and 2009's The Witcher 2).
Hearts of Stone – A 10+ hour long adventure into the wilds of No Man's Land and the alleys of Oxenfurt.
Blood and Wine – A 20+ hour long adventure in a new region known as Toussaint.
The Witcher games are based on the works of Polish author Andrzej Sapkowski. The Witcher Saga is comprised of six novels and a handful of short stories.


I wasn't thrilled with the prospect of eating an entire meal at a pub. Past experiences with pub grub – here and abroad – led me to believe that "authentic" doesn't necessarily mean "great." But the proprietors of Fiddler's Green prove that a focus on flavor, presentation and service can spell "gourmet" for traditional Irish cuisine.
The restaurant retains the cozy atmosphere of its predecessors, Mulvaney's and Prince of Wales. It's got the same ornate woodwork, dart boards, Irish-themed knickknacks and entertainment stage. Now, there's a separate dining room that's upscale and intimate in a country-inn sort of way.
Fiddler's Green offers a full selection of draft ales, lagers and stouts, which you can order by the pint or half-pint. While my guest and I waited, our server brought us a basket of thick, crumbly scones, which nicely offset the beer.
We split an order of lightly browned potato pancakes with grated cheddar and scallions ($6.50; $5.95) topped with smoked salmon or sour cream and chives. Other appetizers include steamed mussels ($7.50) and smoked fish spread ($5.50). Dieters will be glad to know that the menu also includes your basic salad assortment.
Along with a variety of sandwiches and burgers ($5.25-$8.95), Fiddler's entrees include standbys like corned beef and cabbage ($9.95); fish and chips, and "bangers and mash" (both $8.95). Among the more gourmet fare: grilled salmon with champagne sauce ($14.95) and roast duck ($15.95).
I ordered the "Hen in a Pot" ($7.95), a scrumptious variation on chicken pot pie. Instead of pie crust, the "pot" was topped, hat-like, with a flaky pastry. The stew below was piping hot with big chunks of tender chicken and vegetables, seasoned just right.
My companion stuck with another basic-but-hearty dish, Irish stew ($9.95). Once again, the seasonings – thyme, in this case – made this dish a standout. Presentation of both entrees was excellent, with extras like huge plates, fresh herbs and doilies. Desserts include bread and butter pudding, and blackberry/apple crumble ($3.95-$4.50). We were way too full to sample them.
Great service and excellent food mean Fiddler's Green is not like most Irish pubs; it's better.


Chronique Anne-Christine Habbard publiée dans le Daily Time, le 9 janvier 2015, au Pakistan.
So now it is the cartoonists' turn. The attack, on Wednesday morning, on Charlie Hebdo, the oldest and most respected satirical newspaper in France, has caused a tremendous shock – in France and everywhere. Some of the most renowned French cartoonists were killed : Charb, Cabu, Wolinski, Tignous, all household names that have made us all laugh throughout the years. In total, twelve people died when two heavily armed Ninja-style gunmen broke into the weekly news conference at the paper's head office, and called out the names of the cartoonists one by one before shooting them. Their "crime'' was well known : they had drawn and published cartoons ridiculing Islam, like they did and had done for all other religions – as a matter of fact, the Catholic church was possibly the single most frequent target of their ferocious pen. There is probably no such thing as national identity – but if there is, then the deeply rooted French tradition of irreverence and satire, of fierce irony against all powers, especially political and religious, would be a good contender. Charlie Hebdois a proud and fearless heir of that tradition.
The other element that comes to mind, naturally, is the attack on freedom of expression. Not that freedom of expression should be unlimited ; but while human beings have inalienable rights to be respected, ideas and beliefs do not have such rights. The mere fact of being held sacred by some does not entitle a belief system to be venerated by all. Your God might not be mine – and I might have none at all. Why should we be bound by your convictions ? Why should we have to revere what you revere ? Religion is not in and of itself entitled to a blanket immunity from criticism and questioning.
But beyond an attack on freedom of expression and freedom of the press, Wednesday's attack should also – and perhaps even more – be seen as an attack on humour, on irony – on the very possibility to laugh at ideas and beliefs. The Danish cartoons saga some years ago already showed it very clearly : what these demented killers accept least of all is not so much criticism of their religion (if their belief system can still be considered a religion) but its satire : laughing at it is far worse, in their eyes, than disparaging it. No wonder : while a criticism upholds the seriousness of the belief, and lets its venerability in a way stay untouched, humour and satire simply deflate the bloated balloon of one's ego locked up in it. It goes further than criticism, because it not only shows the unacceptable or incoherent aspects of a given doctrine, it also mocks the often unbearable self-righteousness of those who hold it. Satire, as we know since Aristophanes, pierces the self-importance of fools, and pokes fun at their hubris, their belief that they are somehow better, truer, more divine or more holy, than others.
Satire is a quintessentially human art– human in its avowedly humble recognition of our possible failings and of the fallability of our beliefs. It forces us to humility, and to constantly examine and question our convictions : we are not gods, nor are we His spokespeople. So humour is far more deadly (no pun intended) than a straight critique : it attacks not just the merits of the belief itself, but also the over-inflated ego of those who hold it, their desire for power, as well as their fake holiness. This is why Charlie Hebdo targeted religions more than other power-holders, such as politicians : bigots are insufferable in their cheap, phoney, self-created aura of sacredness. Ridicule hence becomes infinitely devastating and unbearable to such self-righteous idiots : it takes a hit at their rigid hubris, at their absolute certainty of being right, of being the spokespeople of God himself. Being criticised is manageable to idiots – being mocked is not. Cartoons are a form of anti-power, a resistance against all forms of power, and all forms of arrogance. You don't become a cartoonist if you plan to rule a country, or to become a preacher. You don't draw cartoons if you don't deeply believe in humanity, in all its possible failings, and all its possible nobility.
Therein lies the other reason for the visceral hatred these despicable lunatics harboured against cartoonists : they simply cannot stand the generosity and the humanity that satirical cartoons stand for. Precisely because cartoons laugh at arrogance and hubris, and bring us back to our common humanity, they manifest a deep generosity toward, and yes, even a form of tenderness for, things human. But the coward killers think they are above that – they are divine messengers and avengers. They hate humanity and humans in general, and feel threatened by any form of human goodness, friendship or generosity. Kierkegaard famously analysed the devil, or, as he calls it, the demonic : the devil is the one who closes himself in the vacuity of his own bloated, conceited self, and who feels threatened by any form of communication, and any form of goodness. It is not just that he does not want to be friends with anyone, it is that he cannot stand the idea of anyone being friends or laughing with anyone. The messianic avenger, or the demonic, simply does not laugh. This is why Kierkegaard says the demonic is boring : he might be violent, coward, demented.... but that's only to hide his essential inner void, and the fact that he is utterly boring, and has to resort to violence as the only means of attracting attention to his pathetic self. The cartoonists laugh, make laugh, and love laughter : they are fundamentally generous and loving in their public stance to the world. The demonic hates the world and all humans in it : he thinks of himself outside, or above. The contemptible attackers on the cartoonists were nothing short of demonic.
Steve Bell, a cartoonist for the Guardian, told the BBC on Wednesday : "We've got to stand up for the right to take the piss out of these monsters, these idiots, these fools, these posturing maniacs who strut around in their black gear as a kind of death cult trying to frighten us all". Indeed, we might be sad today, but hell, Rira bien qui rira le dernier.


text:
COVID-19: New Cases Jumps To 406, 522 Active, No Patients Battling Virus In KEMH
Health | December 30, 2021
The number of new cases of COVID-19 in Bermuda jumped to 406 in the latest round of 13,772 tests results logged over the last eight days, taking the total number of active cases to 522.
According to the latest update released by the Ministry of Health tonight, the Omicron variant accounted for 212 cases.
But a Ministry spokeswoman said this strain was not responsible for any of the four latest deaths announced earlier this week.
There are currently no patients in hospital battling the coronavirus.
It was also noted that 242 of the new cases were classified as imported with history of travel in the previous 14 days.
The additional 164 new cases were classified as either local transmission (41) or under investigation (123).
"Additionally, there are 114 recoveries and four (4) deaths, as reported previously. The Ministry notes that none of the recently announced deaths were due to the Omicron variant."
There are 522 active cases, of which:
522 are under public health monitoring; and
Zero [0] are in hospital with zero [0] in intensive care.
"Since March 2020, Bermuda has recorded 6,420 coronavirus cases, out of which 5,788 have recovered, and sadly there have been 110 coronavirus-related deaths."
The source of all active cases is as follows:
318 are Imported
60 are classified as local transmission
144 are Under Investigation
"Active cases by vaccination status, transmission, and type:
Imported cases: 94% are fully vaccinated and 6% are not fully vaccinated.
Local/Under Investigation cases: 75% are fully vaccinated and 25% are not fully vaccinated.
Of the 217 active cases where typing is available, 2% (5) are Delta, 98% (212) are Omicron.
"The source of all confirmed cases is as follows:
1,113 are Imported
5,135 are classified as local transmission of which:
3,172 are Local transmission with known contact/source and
1,963 are Local transmission with an unknown contact/source
The Ministry of Health also provided an update on the current vaccination programme status, noting that 50 weeks of vaccinations have been completed. Since January 11th, 2021 Bermuda residents have received a total of 115,145 vaccinations.
Of the 115,145 vaccinations given as of December 23:
52% are women and 48% are men.
87.0% of all residents over the age of 65 years have had at least one vaccination; and
85.6% are fully immunized.
"To date, 72.4 percent of the population has been vaccinated (1 dose( and 71.0 percent of the population has been immunized (2 doses). Additionally, 34.9 percent of the population have received a booster.
"The vaccination/booster programme will resume on January 5, 2022."
The Ministry also provided an updated schedule of the testing center sites, which are as follows:
Perot Post Office, Hamilton:
Friday December 31st, 2021 – 10.00 AM – 4.00 PM
Saturday January 1st, 2022 – 10.00 AM – 4.00 PM
Sunday January 2nd, 2022 – 10.00 AM – 4.00 PM
Monday January 3rd, 2022 – 10.00 AM – 4.00 PM
Bulls Head Car Park:
Clocktower, Dockyard:
Penno's Wharf, St. George's:
Tuesday January 4th, 2022 – 10.00 AM – 4.00 PM
Seniors Invited to Celebrate Wellness
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Health Ministry Update: 'There Are Still No Cases of Coronavirus/COVID-19 in Bermuda
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Holistic Wellness Community Chat
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