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Pastor v. CA
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Wills Cases Pt2
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UP+2012+Remedial+Law+(Special+Proceedings)
G.R. No. L-56340 June 24, 1983
SPOUSES ALVARO PASTOR, JR. and MA. ELENA ACHAVAL DE PASTOR, petitioners,
THE COURT OF APPEALS, JUAN Y. REYES, JUDGE OF BRANCH I, COURT OF FIRST
INSTANCE OF CEBU and LEWELLYN BARLITO QUEMADA, respondents.
Pelaez, Pelaez, & Pelaez Law Office for petitioners.
Ceniza, Rama & Associates for private respondents.
PLANA, J .:
I. FACTS:
This is a case of hereditary succession.
Alvaro Pastor, Sr. (PASTOR, SR.), a Spanish subject, died in Cebu City on June 5, 1966, survived
by his Spanish wife Sofia Bossio (who also died on October 21, 1966), their two legitimate children
Alvaro Pastor, Jr. (PASTOR, JR.) and Sofia Pastor de Midgely (SOFIA), and an illegitimate child, not
natural, by the name of Lewellyn Barlito Quemada QUEMADA PASTOR, JR. is a Philippine citizen,
having been naturalized in 1936. SOFIA is a Spanish subject. QUEMADA is a Filipino by his
mother's citizenship.
On November 13, 1970, QUEMADA filed a petition for the probate and allowance of an alleged
holographic will of PASTOR, SR. with the Court of First Instance of Cebu, Branch I (PROBATE
COURT), docketed as SP No. 3128-R. The will contained only one testamentary disposition: a
legacy in favor of QUEMADA consisting of 30% of PASTOR, SR.'s 42% share in the operation by
Atlas Consolidated Mining and Development Corporation (ATLAS) of some mining claims in Pina-
Barot, Cebu.
On November 21, 1970, the PROBATE COURT, upon motion of QUEMADA and after an ex parte
hearing, appointed him special administrator of the entire estate of PASTOR, SR., whether or not
covered or affected by the holographic will. He assumed office as such on December 4, 1970 after
filing a bond of P 5,000.00.
On December 7, 1970, QUEMADA as special administrator, instituted against PASTOR, JR. and his
wife an action for reconveyance of alleged properties of the estate, which included the properties
subject of the legacy and which were in the names of the spouses PASTOR, JR. and his wife, Maria
Elena Achaval de Pastor, who claimed to be the owners thereof in their own rights, and not by
inheritance. The action, docketed as Civil Case No. 274-R, was filed with the Court of First Instance
of Cebu, Branch IX.
On February 2, 1971, PASTOR, JR. and his sister SOFIA filed their opposition to the petition for
probate and the order appointing QUEMADA as special administrator.
On December 5, 1972, the PROBATE COURT issued an order allowing the will to probate.
Appealed to the Court of Appeals in CA-G.R. No. 52961- R, the order was affirmed in a decision
dated May 9, 1977. On petition for review, the Supreme Court in G.R. No. L-46645 dismissed the
petition in a minute resolution dated November 1, 1977 and remanded the same to the PROBATE
COURT after denying reconsideration on January 11, 1978.
For two years after remand of the case to the PROBATE COURT, QUEMADA filed pleading after
pleading asking for payment of his legacy and seizure of the properties subject of said legacy.
PASTOR, JR. and SOFIA opposed these pleadings on the ground of pendency of the reconveyance
suit with another branch of the Cebu Court of First Instance. All pleadings remained unacted upon by
the PROBATE COURT.
On March 5, 1980, the PROBATE COURT set the hearing on the intrinsic validity of the will for
March 25, 1980, but upon objection of PASTOR, JR. and SOFIA on the e ground of pendency of the
reconveyance suit, no hearing was held on March 25. Instead, the PROBATE COURT required the
parties to submit their respective position papers as to how much inheritance QUEMADA was
entitled to receive under the wig. Pursuant thereto, PASTOR. JR. and SOFIA submitted their
Memorandum of authorities dated April 10, which in effect showed that determination of how much
QUEMADA should receive was still premature. QUEMADA submitted his Position paper dated April
20, 1980. ATLAS, upon order of the Court, submitted a sworn statement of royalties paid to the
Pastor Group of tsn from June 1966 (when Pastor, Sr. died) to February 1980. The statement
revealed that of the mining claims being operated by ATLAS, 60% pertained to the Pastor Group
distributed as follows:
1. A. Pastor, Jr. ...................................40.5%
2. E. Pelaez, Sr. ...................................15.0%
3. B. Quemada .......................................4.5%
On August 20, 1980, while the reconveyance suit was still being litigated in Branch IX of the Court of
First Instance of Cebu, the PROBATE COURT issued the now assailed Order of Execution and
Garnishment, resolving the question of ownership of the royalties payable by ATLAS and ruling in
effect that the legacy to QUEMADA was not inofficious. [There was absolutely no statement or claim
in the Order that the Probate Order of December 5, 1972 had previously resolved the issue of
ownership of the mining rights of royalties thereon, nor the intrinsic validity of the holographic will.]
The order of August 20, 1980 found that as per the holographic will and a written acknowledgment of
PASTOR, JR. dated June 17, 1962, of the above 60% interest in the mining claims belonging to the
Pastor Group, 42% belonged to PASTOR, SR. and only 33% belonged to PASTOR, JR. The
remaining 25% belonged to E. Pelaez, also of the Pastor Group. The PROBATE COURT thus
directed ATLAS to remit directly to QUEMADA the 42% royalties due decedent's estate, of which
QUEMADA was authorized to retain 75% for himself as legatee and to deposit 25% with a reputable
banking institution for payment of the estate taxes and other obligations of the estate. The 33%
share of PASTOR, JR. and/or his assignees was ordered garnished to answer for the accumulated
legacy of QUEMADA from the time of PASTOR, SR.'s death, which amounted to over two million
pesos.
The order being "immediately executory", QUEMADA succeeded in obtaining a Writ of Execution
and Garnishment on September 4, 1980, and in serving the same on ATLAS on the same day.
Notified of the Order on September 6, 1980, the oppositors sought reconsideration thereof on the
same date primarily on the ground that the PROBATE COURT gravely abused its discretion when it
resolved the question of ownership of the royalties and ordered the payment of QUEMADA's legacy
after prematurely passing upon the intrinsic validity of the will. In the meantime, the PROBATE
COURT ordered suspension of payment of all royalties due PASTOR, JR. and/or his assignees until
after resolution of oppositors' motion for reconsideration.
Before the Motion for Reconsideration could be resolved, however, PASTOR, JR., this time joined
by his wife Ma. ELENA ACHAVAL DE PASTOR, filed with the Court of Appeals a Petition for
certiorari and Prohibition with a prayer for writ of preliminary injunction (CA-G.R. No. SP- 11373-R).
They assailed the Order dated August 20, 1980 and the writ of execution and garnishment issued
pursuant thereto. The petition was denied on November 18, 1980 on the grounds (1) that its filing
was premature because the Motion for Reconsideration of the questioned Order was still pending
determination by the PROBATE COURT; and (2) that although "the rule that a motion for
reconsideration is prerequisite for an action for certiorari is never an absolute rule," the Order
assailed is "legally valid. "
On December 9, 1980, PASTOR, JR. and his wife moved for reconsideration of the Court of
Appeal's decision of November 18, 1980, calling the attention of the appellate court to another order
of the Probate Court dated November 11, 1980 (i.e., while their petition for certiorari was pending
decision in the appellate court), by which the oppositors' motion for reconsideration of the Probate
Court's Order of August 20, 1980 was denied. [The November 11 Order declared that the questions
of intrinsic validity of the will and of ownership over the mining claims (not the royalties alone) had
been finally adjudicated by the final and executory Order of December 5, 1972, as affirmed by the
Court of Appeals and the Supreme Court, thereby rendering moot and academic the suit for
reconveyance then pending in the Court of First Instance of Cebu, Branch IX. It clarified that only the
33% share of PASTOR, JR. in the royalties (less than 7.5% share which he had assigned to
QUEMADA before PASTOR, SR. died) was to be garnished and that as regards PASTOR, SR.'s
42% share, what was ordered was just the transfer of its possession to the custody of the PROBATE
COURT through the special administrator. Further, the Order granted QUEMADA 6% interest on his
unpaid legacy from August 1980 until fully paid.] Nonetheless, the Court of Appeals denied
reconsideration.
Hence, this Petition for Review by certiorari with prayer for a writ of pre y injunction, assailing the
decision of the Court of Appeals dated November 18, 1980 as well as the orders of the Probate
Court dated August 20, 1980, November 11, 1980 and December 17, 1980, Med by petitioners on
March 26, 1981, followed by a Supplemental Petition with Urgent Prayer for Restraining Order.
In April 1981, the Court (First Division) issued a writ of preliminary injunction, the lifting of which was
denied in the Resolution of the same Division dated October 18, 1982, although the bond of
petitioners was increased from P50,000.00 to P100,000.00.
Between December 21, 1981 and October 12, 1982, private respondent filed seven successive
motions for early resolution. Five of these motions expressly prayed for the resolution of the question
as to whether or not the petition should be given due course.
On October 18, 1982, the Court (First Division) adopted a resolution stating that "the petition in fact
and in effect was given due course when this case was heard on the merits on September 7, (should
be October 21, 1981) and concise memoranda in amplification of their oral arguments on the merits
of the case were filed by the parties pursuant to the resolution of October 21, 1981 . . . " and denied
in a resolution dated December 13, 1982, private respondent's "Omnibus motion to set aside
resolution dated October 18, 1982 and to submit the matter of due course to the present
membership of the Division; and to reassign the case to another ponente."
Upon Motion for Reconsideration of the October 18, 1982 and December 13, 1982 Resolutions, the
Court en banc resolved to CONFIRM the questioned resolutions insofar as hey resolved that the
petition in fact and in effect had been given due course.
II. ISSUES:
Assailed by the petitioners in these proceedings is the validity of the Order of execution and
garnishment dated August 20, 1980 as well as the Orders subsequently issued allegedly to
implement the Probate Order of December 5, 1972, to wit: the Order of November 11, 1980
declaring that the Probate Order of 1972 indeed resolved the issues of ownership and intrinsic
validity of the will, and reiterating the Order of Execution dated August 20, 1980; and the Order of
December 17, 1980 reducing to P2,251,516.74 the amount payable to QUEMADA representing the
royalties he should have received from the death of PASTOR, SR. in 1966 up to February 1980.
The Probate Order itself, insofar as it merely allowed the holographic will in probate, is not
questioned. But petitioners denounce the Probate Court for having acted beyond its jurisdiction or
with grave abuse of discretion when it issued the assailed Orders. Their argument runs this way:
Before the provisions of the holographic win can be implemented, the questions of ownership of the
mining properties and the intrinsic validity of the holographic will must first be resolved with finality.
Now, contrary to the position taken by the Probate Court in 1980 i.e., almost eight years after the
probate of the will in 1972 the Probate Order did not resolve the two said issues. Therefore, the
Probate Order could not have resolved and actually did not decide QUEMADA's entitlement to the
legacy. This being so, the Orders for the payment of the legacy in alleged implementation of the
Probate Order of 1972 are unwarranted for lack of basis.
Closely related to the foregoing is the issue raised by QUEMADA The Probate Order of 1972 having
become final and executory, how can its implementation (payment of legacy) be restrained? Of
course, the question assumes that QUEMADA's entitlement to the legacy was finally adjudged in the
Probate Order.
On the merits, therefore, the basic issue is whether the Probate Order of December 5, 1972 resolved
with finality the questions of ownership and intrinsic validity. A negative finding will necessarily
render moot and academic the other issues raised by the parties, such as the jurisdiction of the
Probate Court to conclusively resolve title to property, and the constitutionality and repercussions of
a ruling that the mining properties in dispute, although in the name of PASTOR, JR. and his wife,
really belonged to the decedent despite the latter's constitutional disqualification as an alien.
On the procedural aspect, placed in issue is the propriety of certiorari as a means to assail the
validity of the order of execution and the implementing writ.
III. DISCUSSION:
1. Issue of Ownership
(a) In a special proceeding for the probate of a will, the issue by and large is restricted to the
extrinsic validity of the will, i.e., whether the testator, being of sound mind, freely executed the will in
accordance with the formalities prescribed by law. (Rules of Court, Rule 75, Section 1; Rule 76,
Section 9.) As a rule, the question of ownership is an extraneous matter which the Probate Court
cannot resolve with finality. Thus, for the purpose of determining whether a certain property should
or should not be included in the inventory of estate properties, the Probate Court may pass upon the
title thereto, but such determination is provisional, not conclusive, and is subject to the final decision
in a separate action to resolve title. [3 Moran, Comments on the Rules of Court (1980 ed.), p. 458;
Valero Vda. de Rodriguez vs. Court of Appeals, 91 SCRA 540.]
(b) The rule is that execution of a judgment must conform to that decreed in the dispositive part of
the decision. (Philippine-American Insurance Co. vs. Honorable Flores, 97 SCRA 811.) However, in
case of ambiguity or uncertainty, the body of the decision may be scanned for guidance in
construing the judgment. (Heirs of Presto vs. Galang, 78 SCRA 534; Fabular vs. Court of Appeals,
119 SCRA 329; Robles vs. Timario. 107 Phil. 809.)
The Order sought to be executed by the assailed Order of execution is the Probate Order of
December 5, 1972 which allegedly resolved the question of ownership of the disputed mining
properties. The said Probate Order enumerated the issues before the Probate Court, thus:
Unmistakably, there are three aspects in these proceedings: (1) the probate of the
holographic will (2) the intestate estate aspect; and (3) the administration
proceedings for the purported estate of the decedent in the Philippines.
In its broad and total perspective the whole proceedings are being impugned by the
oppositors on jurisdictional grounds, i.e., that the fact of the decedent's residence
and existence of properties in the Philippines have not been established.
Specifically placed in issue with respect to the probate proceedings are: (a) whether
or not the holographic will (Exhibit "J") has lost its efficacy as the last will and
testament upon the death of Alvaro Pastor, Sr. on June 5, 1966, in Cebu City,
Philippines; (b) Whether or not the said will has been executed with all the formalities
required by law; and (c) Did the late presentation of the holographic will affect the
validity of the same?
Issues In the Administration Proceedings are as follows: (1) Was the ex- parte
appointment of the petitioner as special administrator valid and proper? (2) Is there
any indispensable necessity for the estate of the decedent to be placed under
administration? (3) Whether or not petition is qualified to be a special administrator of
the estate; and (4) Whether or not the properties listed in the inventory (submitted by
the special administrator but not approved by the Probate Court) are to be excluded.
Then came what purports to be the dispositive portion:
Upon the foregoing premises, this Court rules on and resolves some of the problems
and issues presented in these proceedings, as follows:
(a) The Court has acquired jurisdiction over the probate proceedings as it hereby
allows and approves the so-called holographic will of testator Alvaro Pastor, Sr.,
executed on July 31, 1961 with respect to its extrinsic validity, the same having been
duly authenticated pursuant to the requisites or solemnities prescribed by law. Let,
therefore, a certificate of its allowance be prepared by the Branch Clerk of this Court
to be signed by this Presiding Judge, and attested by the seal of the Court, and
thereafter attached to the will, and the will and certificate filed and recorded by the
clerk. Let attested copies of the will and of the certificate of allowance thereof be sent
to Atlas Consolidated Mining & Development Corporation, Goodrich Bldg., Cebu City,
and the Register of Deeds of Cebu or of Toledo City, as the case may be, for
recording.
(b) There was a delay in the granting of the letters testamentary or of administration
for as a matter of fact, no regular executor and/or administrator has been appointed
up to this time and - the appointment of a special administrator was, and still is,
justified under the circumstances to take possession and charge of the estate of the
deceased in the Philippines (particularly in Cebu) until the problems causing the
delay are decided and the regular executor and/or administrator appointed.
(c) There is a necessity and propriety of a special administrator and later on an
executor and/or administrator in these proceedings, in spite of this Court's
declaration that the oppositors are the forced heirs and the petitioner is merely
vested with the character of a voluntary heir to the extent of the bounty given to him
(under) the will insofar as the same will not prejudice the legitimes of the oppositorfor
the following reasons:
1. To submit a complete inventory of the estate of the
decedent-testator Alvaro Pastor, Sr.
2. To administer and to continue to put to prolific
utilization of the properties of the decedent;
3. To keep and maintain the houses and other
structures and belonging to the estate, since the
forced heirs are residing in Spain, and prepare them
for delivery to the heirs in good order after partition
and when directed by the Court, but only after the
payment of estate and inheritance taxes;
(d) Subject to the outcome of the suit for reconveyance of ownership and possession
of real and personal properties in Civil Case No. 274-T before Branch IX of the Court
of First Instance of Cebu, the intestate estate administration aspect must proceed,
unless, however, it is duly proven by the oppositors that debts of the decedent have
already been paid, that there had been an extrajudicial partition or summary one
between the forced heirs, that the legacy to be given and delivered to the petitioner
does not exceed the free portion of the estate of the testator, that the respective
shares of the forced heirs have been fairly apportioned, distributed and delivered to
the two forced heirs of Alvaro Pastor, Sr., after deducting the property willed to the
petitioner, and the estate and inheritance taxes have already been paid to the
Government thru the Bureau of Internal Revenue.
The suitability and propriety of allowing petitioner to remain as special administrator
or administrator of the other properties of the estate of the decedent, which
properties are not directly or indirectly affected by the provisions of the holographic
will (such as bank deposits, land in Mactan etc.), will be resolved in another order as
separate incident, considering that this order should have been properly issued
solely as a resolution on the issue of whether or not to allow and approve the
aforestated will. (Emphasis supplied.)
Nowhere in the dispositive portion is there a declaration of ownership of specific properties. On the
contrary, it is manifest therein that ownership was not resolved. For it confined itself to the question
of extrinsic validity of the win, and the need for and propriety of appointing a special administrator.
Thus it allowed and approved the holographic win "with respect to its extrinsic validity, the same
having been duly authenticated pursuant to the requisites or solemnities prescribed by law." It
declared that the intestate estate administration aspect must proceed " subject to the outcome of the
suit for reconveyance of ownership and possession of real and personal properties in Civil Case
274-T before Branch IX of the CFI of Cebu." [Parenthetically, although the statement refers only to
the "intestate" aspect, it defies understanding how ownership by the estate of some properties could
be deemed finally resolved for purposes of testate administration, but not so for intestate purposes.
Can the estate be the owner of a property for testate but not for intestate purposes?] Then again, the
Probate Order (while indeed it does not direct the implementation of the legacy) conditionally stated
that the intestate administration aspect must proceed "unless . . . it is proven . . . that the legacy to
be given and delivered to the petitioner does not exceed the free portion of the estate of the
testator," which clearly implies that the issue of impairment of legitime (an aspect of intrinsic validity)
was in fact not resolved. Finally, the Probate Order did not rule on the propriety of allowing
QUEMADA to remain as special administrator of estate properties not covered by the holographic
will, "considering that this (Probate) Order should have been properly issued solely as a resolution
on the issue of whether or not to allow and approve the aforestated will. "
(c) That the Probate Order did not resolve the question of ownership of the properties listed in the
estate inventory was appropriate, considering that the issue of ownership was the very subject of
controversy in the reconveyance suit that was still pending in Branch IX of the Court of First Instance
of Cebu.
(d) What, therefore, the Court of Appeals and, in effect, the Supreme Court affirmed en toto when
they reviewed the Probable Order were only the matters properly adjudged in the said Order.
(e) In an attempt to justify the issuance of the Order of execution dated August 20, 1980, the Probate
Court in its Order of November 11, 1980 explained that the basis for its conclusion that the question
of ownership had been formally resolved by the Probate Order of 1972 are the findings in the latter
Order that (1) during the lifetime of the decedent, he was receiving royalties from ATLAS; (2) he had
resided in the Philippines since pre-war days and was engaged in the mine prospecting business
since 1937 particularly in the City of Toledo; and (3) PASTOR, JR. was only acting as dummy for his
father because the latter was a Spaniard.
Based on the premises laid, the conclusion is obviously far-fetched.
(f) It was, therefore, error for the assailed implementing Orders to conclude that the Probate Order
adjudged with finality the question of ownership of the mining properties and royalties, and that,
premised on this conclusion, the dispositive portion of the said Probate Order directed the special
administrator to pay the legacy in dispute.
2. Issue of Intrinsic Validity of the Holographic Will -
(a) When PASTOR, SR. died in 1966, he was survived by his wife, aside from his two legitimate
children and one illegitimate son. There is therefore a need to liquidate the conjugal partnership and
set apart the share of PASTOR, SR.'s wife in the conjugal partnership preparatory to the
administration and liquidation of the estate of PASTOR, SR. which will include, among others, the
determination of the extent of the statutory usufructuary right of his wife until her death. * When the
disputed Probate order was issued on December 5, 1972, there had been no liquidation of the community properties of PASTOR, SR. and
his wife.
(b) So, also, as of the same date, there had been no prior definitive determination of the assets of
the estate of PASTOR, SR. There was an inventory of his properties presumably prepared by the
special administrator, but it does not appear that it was ever the subject of a hearing or that it was
judicially approved. The reconveyance or recovery of properties allegedly owned but not in the name
of PASTOR, SR. was still being litigated in another court.
(c) There was no appropriate determination, much less payment, of the debts of the decedent and
his estate. Indeed, it was only in the Probate Order of December 5, 1972 where the Probate Court
ordered that-
... a notice be issued and published pursuant to the provisions of Rule 86 of the
Rules of Court, requiring all persons having money claims against the decedent to
file them in the office of the Branch Clerk of this Court."
(d) Nor had the estate tax been determined and paid, or at least provided for, as of December 5,
(e) The net assets of the estate not having been determined, the legitime of the forced heirs in
concrete figures could not be ascertained.
(f) All the foregoing deficiencies considered, it was not possible to determine whether the legacy of
QUEMADA - a fixed share in a specific property rather than an aliquot part of the entire net estate of
the deceased - would produce an impairment of the legitime of the compulsory heirs.
(g) Finally, there actually was no determination of the intrinsic validity of the will in other respects. It
was obviously for this reason that as late as March 5, 1980 - more than 7 years after the Probate
Order was issued the Probate Court scheduled on March 25, 1980 a hearing on the intrinsic validity
of the will.
3. Propriety of certiorari
Private respondent challenges the propriety of certiorari as a means to assail the validity of the
disputed Order of execution. He contends that the error, if any, is one of judgment, not jurisdiction,
and properly correctible only by appeal, not certiorari.
Under the circumstances of the case at bar, the challenge must be rejected. Grave abuse of
discretion amounting to lack of jurisdiction is much too evident in the actuations of the probate court
to be overlooked or condoned.
(a) Without a final, authoritative adjudication of the issue as to what properties compose the estate of
PASTOR, SR. in the face of conflicting claims made by heirs and a non-heir (MA. ELENA ACHAVAL
DE PASTOR) involving properties not in the name of the decedent, and in the absence of a
resolution on the intrinsic validity of the will here in question, there was no basis for the Probate
Court to hold in its Probate Order of 1972, which it did not, that private respondent is entitled to the
payment of the questioned legacy. Therefore, the Order of Execution of August 20, 1980 and the
subsequent implementing orders for the payment of QUEMADA's legacy, in alleged implementation
of the dispositive part of the Probate Order of December 5, 1972, must fall for lack of basis.
(b) The ordered payment of legacy would be violative of the rule requiring prior liquidation of the
estate of the deceased, i.e., the determination of the assets of the estate and payment of all debts
and expenses, before apportionment and distribution of the residue among the heirs and legatees.
(Bernardo vs. Court of Appeals, 7 SCRA 367.)
(c) Neither has the estate tax been paid on the estate of PASTOR, SR. Payment therefore of the
legacy to QUEMADA would collide with the provision of the National Internal Revenue Code
requiring payment of estate tax before delivery to any beneficiary of his distributive share of the
estate (Section 107 [c])
(d) The assailed order of execution was unauthorized, having been issued purportedly under Rule
88, Section 6 of the Rules of Court which reads:
Sec. 6. Court to fix contributive shares where devisees, legatees, or heirs have been
in possession. Where devisees, legatees, or heirs have entered into possession of
portions of the estate before thedebts and expenses have been settled and paid and
have become liable to contribute for the payment of such debts and expenses, the
court having jurisdiction of the estate may, by order for that purpose, after hearing,
settle the amount of their several liabilities, and order how much and in what manner
each person shall contribute, and may issue execution as circumstances require.
The above provision clearly authorizes execution to enforce payment of debts of estate. A legacy is
not a debt of the estate; indeed, legatees are among those against whom execution is authorized to
be issued.
... there is merit in the petitioners' contention that the probate court generally cannot
issue a writ of execution. It is not supposed to issue a writ of execution because its
orders usually refer to the adjudication of claims against the estate which the
executor or administrator may satisfy without the necessity of resorting to a writ of
execution. The probate court, as such, does not render any judgment enforceable by
execution.
The circumstances that the Rules of Court expressly specifies that the probate court
may issue execution (a) to satisfy (debts of the estate out of) the contributive shares
of devisees, legatees and heirs in possession of the decedent's assets (Sec. 6. Rule
88), (b) to enforce payment of the expenses of partition (Sec. 3, Rule 90), and (c) to
satisfy the costs when a person is cited for examination in probate proceedings (Sec.
13, Rule 142) may mean, under the rule of inclusion unius est exclusion alterius, that
those are the only instances when it can issue a writ of execution. (Vda. de Valera
vs. Ofilada, 59 SCRA 96, 108.)
(d) It is within a court's competence to order the execution of a final judgment; but to order the
execution of a final order (which is not even meant to be executed) by reading into it terms that are
not there and in utter disregard of existing rules and law, is manifest grave abuse of discretion
tantamount to lack of jurisdiction. Consequently, the rule that certiorari may not be invoked to defeat
the right of a prevailing party to the execution of a valid and final judgment, is inapplicable. For when
an order of execution is issued with grave abuse of discretion or is at variance with the judgment
sought to be enforced (PVTA vs. Honorable Gonzales, 92 SCRA 172), certiorari will lie to abate the
order of execution.
(e) Aside from the propriety of resorting to certiorari to assail an order of execution which varies the
terms of the judgment sought to be executed or does not find support in the dispositive part of the
latter, there are circumstances in the instant case which justify the remedy applied for.
Petitioner MA. ELENA ACHAVAL DE PASTOR, wife of PASTOR, JR., is the holder in her own right
of three mining claims which are one of the objects of conflicting claims of ownership. She is not an
heir of PASTOR, SR. and was not a party to the probate proceedings. Therefore, she could not
appeal from the Order of execution issued by the Probate Court. On the other hand, after the
issuance of the execution order, the urgency of the relief she and her co-petitioner husband seek in
the petition for certiorari states against requiring her to go through the cumbersome procedure of
asking for leave to intervene in the probate proceedings to enable her, if leave is granted, to appeal
from the challenged order of execution which has ordered the immediate transfer and/or
garnishment of the royalties derived from mineral properties of which she is the duly registered
owner and/or grantee together with her husband. She could not have intervened before the issuance
of the assailed orders because she had no valid ground to intervene. The matter of ownership over
the properties subject of the execution was then still being litigated in another court in a
reconveyance suit filed by the special administrator of the estate of PASTOR, SR.
Likewise, at the time petitioner PASTOR, JR. Med the petition for certiorari with the Court of
Appeals, appeal was not available to him since his motion for reconsideration of the execution order
was still pending resolution by the Probate Court. But in the face of actual garnishment of their major
source of income, petitioners could no longer wait for the resolution of their motion for
reconsideration. They needed prompt relief from the injurious effects of the execution order. Under
the circumstances, recourse to certiorari was the feasible remedy.
WHEREFORE, the decision of the Court of Appeals in CA G.R. No. SP-11373-R is reversed. The
Order of execution issued by the probate Court dated August 20, 1980, as well as all the Orders
issued subsequent thereto in alleged implementation of the Probate Order dated December 5, 1972,
particularly the Orders dated November 11, 1980 and December 17, 1980, are hereby set aside; and
this case is remanded to the appropriate Regional Trial Court for proper proceedings, subject to the
judgment to be rendered in Civil Case No. 274-R.
Teehankee (Chairman), Melencio-Herrera Vasquez and Relova JJ., concur.
Gutierrez, J., took no part.
* Under the Civil Code, Art. 16, intestate and testamentary successions of an alien
are regulated by his national law "with respect to the order of succession and to the
amount of successional rights and to the intrinsic validity of testamentary provisions."
The Civil Code of Spain Art. 834, provides for the usufructuary right of the surviving
spouse with respect to a portion of the decedent's estate; while Art. 1392 provides for
conjugal partnership. Under the Rules of Court, Rule 73, Section 2: "When the
marriage is dissolved by the death of the husband or wife, the community property
shall be inventoried, administered and liquidated, and the debts thereof paid, in the
testate or intestate proceedings of the deceased spouse. If both spouses have died,
the conjugal partnership shall be liquidated in the testate or intestate proceedings of
either. "
Wille und Testament
Intestität
Certiorari
Eigentumsrecht
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See how you can get connected with top law firms and hear directly about their opportunities, across all areas of law.
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Selectmen will conduct a public hearing at 7:30 p.m. on Oct. 27 on how to handle complaints about English mastiffs Spartacus and Gabriella, who have been familiar figures at the Hingham Square Gallery, 61 South St., for about five years. One of the dogs, Gabriella, has bitten two customers when they entered the store, according to the police log.
Selectmen will conduct a public hearing at 7:30 p.m. on Oct. 27 on how to handle complaints about English mastiffs Spartacus and Gabriella, who have been familiar figures at the Hingham Square Gallery, 61 South St., for about five years.
One of the dogs, Gabriella, has bitten two customers when they entered the store, according to the police log. The first bite occurred June 27, 2008, and the second on June 13, 2009.
Selectmen will act as hearing officers next week and will determine how to handle the situation.
State law, Chapter 140, Section 157, governs dog hearings. That section states that the Selectmen or "person charged with the responsibility of handling dog complaints" shall investigate a complaint.
An order from the Board of Selectmen can range from no action, to banning the dog from town to having the dog put down depending on the severity of the findings.
Bob and Megan Ullman, Hingham residents and owners of Hingham Square Gallery, appealed through a letter to the editor last week for public support for their beloved dogs.
"You have brought your friends, children, grandchildren, nieces and nephews and others to pet, play with and photograph our big English Mastiffs. They have endured thousands of visits and look forward to thousands more," the Ullmans wrote. They described the incidents as minor.
"In these five years there have been two minor incidents involving one of our dogs and people entering the store when the owner was momentarily away," they wrote.
But Carolyn Brewer, mother of the second bite victim and a Braintree resident, hopes the public hearing will expose the danger her family believes the dogs present to unwitting customers.
"Both dogs lunged at the patrons barking threateningly and Gabriella bit them. Both times the owners were nowhere in sight," she stated.
Brewer said her daughter, who is 22 years old, was bitten in the stomach — wounds that required medical treatment.
The Ullmans have been warned numerous times about having the dogs present in a store where the public can freely enter during store hours, according to documents on file at Hingham District Court. There have been six documented incidents at their store involving the dogs including the two involving bites.
There are also two documented complaints about the dogs being loose and threatening in the Ullmans' neighborhood on Simmons Road.
Police warned Mrs. Ullman that she could face a criminal complaint for disorderly conduct if the dogs were seen at the store again.
A disorderly conduct complaint was filed and Mrs. Ullman was arraigned on the charge of disorderly conduct on Sept. 23. A motion hearing is scheduled for tomorrow (Oct. 23).
The June 27, 2008 bite victim, a 37-year-old Hingham woman, also sought medical treatment.
In an email to the Journal this week, the Ullmans said they hope that the public will support their efforts to "exonerate" Spartacus and Gabriella during next week's hearing.
Dog hearings are usually conducted in a court-like fashion with testimony from witnesses on both sides.


text:
Q: Unable to create new WebAPI solution in Visual Studio 2015 Whenever I try to create a new solution in Visual Studio 2015, I receive the error

The system cannot find the file specified (Exception from HRESULT: 0x800700002)

The menu path is New Project>Web>ASP.NET Web Application>WebAPI with MVC and Web API check boxes selected below. The following error is received.
I've gone to Tools>Extensions and Updates to uninstall Nuget Package Manager and then re-installed, however I still get the same error.
Environment is Windows 10, Visual Studio 2015 Enterprise.

redpajama_set_name: RedPajamaStackExchange


text:
Swarth is the third studio album by Australian extreme metal band Portal. The album was released on October 20, 2009 through Profound Lore Records. The CD version of the album was packaged in a gatefold hard cover digi-sleeve, with a 16-page booklet.

Musical style
In their review of the album, Exclaim! described it as the album's style "unique and unorthodox", but noted that it kept to the sound established on Portal's previous albums. They wrote that the album has "an extremely raw feel, with heavily distorted guitar riffs that aid in the album's overall chaotic and apocalyptic atmosphere. The release's eight tracks all contain that same distortion blast anchored by down-tuned rhythms, sharing some black metal aspects."

Critical reception

The album received largely positive reception from music critics. Sputnikmusic praised the performances by every member of the band, and described the album as "claustrophobic", and as "the heaviest, most extreme offering of music to ever be created." NPR Music's Lars Gottrich wrote that "Nothing gave me more nightmares than Portal's 2009 album Swarth", describing the album as "pure audio horror, the kind of abstract death metal record that, while a brilliant feat, is almost something like watching Requiem for a Dream for me — I'm inspired by the experience, but don't revisit it that often." Terrorizer named it the 13th best metal album of 2009.

Track listing

Personnel
The Curator – vocals
Horror Illogium – lead guitar, bass (played on recording, though Omenous Fugue is listed as bassist in the credits)
Aphotic Mote – rhythm guitar
Omenous Fugue – bass
Ignis Fatuus – drums

References

Portal (Australian band) albums
2009 albums
Profound Lore Records albums

redpajama_set_name: RedPajamaWikipedia


text:
<?php
defined('BASEPATH') or exit ('No Direct script allowed');
class Test extends CI_Controller{

	function __Consctruct(){
		parent::__Consctruct();
	}

	function index(){
		$this->load->view('pjk/test');
	}
}
?>

redpajama_set_name: RedPajamaGithub


text:
On the Run with Sarah Attar
Words & Photography
by Sarah Attar
From the car window, I watched as the colors and textures passed by. This became my normal. Observing the passing landscape as we made our way across the country. The scenes blended together into one seamless flow. From place to place, there were drastic shifts in the landscape, but they happened so subtly throughout the day. The city would turn to suburb and eventually country. Slowly the grass would get taller and the rock formations would start to emerge. The open plains became thick forests and snow-capped mountains. The dirt would slowly turn more orange and then eventually red.
All of a sudden where we woke up that morning felt so impossibly far away. Initially it was startling, and then that feeling started to also become normal. We'd follow the sun across the sky, making its way from east to west, as did we. The rhythm of running, then driving, then running again created this unique experience of place, though the place was always in motion, spending never more than a day or two in each spot. Our stops were brief and our days were full, and motion became the constant. Whether that was the blur of sage as seen from the car window, or the dirt below my feet as I ran, there was a steady hum to the land and our experience of it. The way we move through the land feels symbolic to the way we move through life.
"Our stops were brief and our days were full, and motion became the constant."
Time is different on the road. There is an ever-changing and constant stimulus of new experiences and scenes, and this directly influences our experience of time. Time expands, the same way the landscape expands, and that becomes ever so clear after spending hours gazing out at the passing horizons of changing landscapes. Being on the road drums up all sorts of nostalgia and longing and I think this deep yearning comes from the way it reflects the continual forward motion of life. While on the road, we are suddenly very aware of the passage of time and the way we move through life in a very visual and visceral way.
I kept thinking of a quote from one of my favorite books, A Field Guide to Getting Lost, by Rebecca Solnit. She says "Looking forward you constantly acquire moments of arrival, moments of realization, moments of discovery. The wind blows your hair back and you are greeted by what you have never seen before." For a majority of this trip, I was greeted by what I had never seen before. The wind blew my hair back, and every moment was full of discovery. It was both invigorating and calming, both stimulating and soothing.
There is something so freeing about forward motion. I feel that in running as well. In the same sense, running is also an experience of constantly acquiring moments of arrival. I breathed in sunrises and sunsets of faraway places I'd only dreamt about. I watched as storms fell across the distant hills. I wandered across colors of dirt I'd never touched before and observed rock formations I'd never seen. I ran with the long shadows of morning and evening and I let the wind spin me around in the middle of the desert. Through these experiences of both running and road tripping, I am reminded of the forward motion of life and how we encounter it one moment at a time. As Jack Kerouac said, "Nothing behind me, everything ahead of me, as is ever so on the road."

redpajama_set_name: RedPajamaCommonCrawl


text:
The Worley Gig
• Art • Design • Pop Culture • Lifestyle
Gail's Interview and Article Archives
About Gail
Tag Archive | Fire
Eye On Design: The Pixel Fire Sofa By Cristian Zuzunaga
All Photos By Gail, Except Where Noted
After four hours at the International Contemporary Furniture Fair (ICFF), we were still looking out for that one Wow! piece of the show. We knew we had found it when we spotted the Pixel Fire Sofa: part of the Pixel Series from Cristian Zuzunaga. I'll say it now: Wow!
Pixel Sofa Front View (Image Source)
It was not possible to get a good, clear shot of the front of the sofa, due to the Fair's high volume of foot traffic, and of course many people stopping to look at, touch, and sit on this fantastic piece of furniture. I pulled the above image off the website to let you really see the full sofa without obstructions.
And here's the Sofa as seen from the back
The Pixel Sofa was born of a 2007-2008 collaboration with Moroso UK (designer of sofas, armchairs and accessories) and Kvadrat (Europe's leading manufacturer of designer textiles) to design a limited edition sofa based on Cristian's pixel print designs applied to upholstery.
I think you will agree that the results are spectacular!
Pixel Upholstery and Pillow Cover Detail
The Pixel sofa also comes with a generous selection of coordinating throw pillows and cushions for a comfortable and fully immersive experience! Fire is one of six distinctive design variations in the Pixel series. Each design is unique, so no two sofas will ever look identical.
An intrinsic element to Cristian's work is his belief in the way that color can positively affect human emotion. As a result, the covers are removable, allowing you to change the look of your sofa to reflect your mood and your individual style. Suggested price point: 5,995 Euros.
This entry was posted on May 24, 2017, in Uncategorized and tagged 8 Bit, Cristian Zuzunaga, Eye on Design, Fire, Furniture, ICFF, International Contemporary Furniture Fair, Kvadrat, Moroso UK, Multi-Colored, Pixel Series, Pixel Sofa, Pixelated, Zuzunaga.	1 Comment
John McCracken at David Zwirner
Installation View Left to Right: Galaxy, Rhythm, Flare. (All Photos By Gail )
Hey, do you enjoy the work of legendary minimalist artist John McCracken? I sure do. According to the obituary published in the New York Times when McCracken passed away in 2011 at the age of 76, "he was one of the few artists affiliated with the [Minimalist] movement who did not object to its name, and who made most of his work by hand: sanding and polishing his enamel, lacquer or resin surfaces until their colors achieved a flawless and reflective perfection." Right now, David Zwirner Gallery, who has represented McCracken's art for two decades, is hosting an exciting collection of the artist's late career works, whose monochromatic, highly reflective surfaces are inspired in part by the West Coast's car culture. Sigh. If you are in any way a fan, you will not want to miss this exhibit.
Flare, (2008)
The exhibition presents key examples from three discrete groups of work — leaning multi-part wall pieces, wall-mounted multi-part reliefs, and freestanding columns — that McCracken created outside of his iconic planks. On view are a selection of the artist's Beam works, each comprising multiple tall narrow components that lean against the wall, first exhibited in his 2008 solo presentation at David Zwirner.
Installation View: Space is on the far left
Some multi-part works, such as Space (2008), consist of a rhythmic combination of an array colors, here blue and green; while others like Song (2008) explore tonal, more subtle variations within a single color, in this case red. Still others are monochromatic.
Galaxy (2008)
Rhythm, (2008)
Left: Fire, Right: Light
Titles are likewise employed as a pictorial metaphor in McCracken's lesser-known wall reliefs, such as Fire (2007), created for documenta 12 in 2007, and Light (2004), which exist in the interstices of painting and sculpture.
Above and Below: Chord (2004)
Blue Arc, Red Mara, Black Wave, Green Siskiyou
In the front gallery you'll find a grouping of four eight-foot tall freestanding columns, arranged in a configuration similar to the artist's 2004 exhibition at the gallery, exploring the phenomenological relationship between work, viewer, and architecture through their outsized stature.
Reflection off of Siskiyou (1988)
Sculptures By John McCracken's will be on Exhibit Through April 15th, 2017 at David Zwirner Gallery, Located at 537 West 20th Street, in the Chelsea Gallery District.
Light (2004), Rear Wall
This entry was posted on March 21, 2017, in Uncategorized and tagged Art, Artist, Beams, David Zwirner, Fire, Galaxy, John McCracken, Light, Minimalism, Planks, Rhythm, Sculptures, Song, Space, Spectrum.	Leave a comment
Beavis and Butthead to Return to TV with New Episodes!
Oh boy oh boy!! One of my favorite, iconic TV shows from the 90s, Beavis & Butthead is making a comeback. Series creator – and the voice of most of the characters – Mike Judge is reportedly putting together 30 new episodes to continue the adventures of his inarticulate, animated heroes. Specifics of timing and format are still being resolved, but the process is underway. Beavis & Butthead originally aired on MTV from 1993 to 1997. I watched it religiously.
Thanks to Gossip Cop for the tip!
This entry was posted on July 9, 2010, in Pop Culture, Television and tagged AC/DC, Animated TV Show, Beavis, Beavis & Butthead, Butthead, Fire, Heavy Metal, Mike Judge.	Leave a comment
See You In Hell!
Hell, Michigan Heats Up for 666
HELL, Mich. (AP) – They're planning a hot time in Hell on Tuesday. The day bears the date of 6-6-06, or abbreviated as 666 – a number that carries hellish significance. And there's not a snowball's chance in Hell that the day will go unnoticed in the unincorporated hamlet 60 miles west of Detroit.
Nobody is more fired up than John Colone, the town's self-styled mayor and owner of a souvenir shop.
"I've got `666′ T-shirts and mugs. I'm only ordering 666 (of the items) so once they're gone, that's it," said Colone, also known as Odum Plenty. "Everyone who comes will get a letter of authenticity saying you've celebrated June 6, 2006, in Hell.
Most of Colone's wares will sell for $6.66, including deeds to one square inch of Hell.
Live entertainment and a costume contest are planned. The Gates of Hell should be installed at a children's play area in time for the festivities. "They're 8 feet tall and 5 foot wide and each gate looks like flames, and when they're closed, it's a devil's head," Colone told The Detroit News for a Saturday story.
Mike "Smitty" Hickey, owner of the Dam Site Inn, wasn't sure what kind of clientele would show up Tuesday. "We're all about having fun here. I don't think we're going to get the cult crowd, the devil worshippers or anything like that," said Hickey, whose bar's signature concoction is the Bloody Devil, a variant of the Bloody Mary.
Colone, meanwhile, has been in touch with radio stations as far away as San Diego and Seattle that are raffling off trips to Hell in honor of 6-6-6. The 666 revelry is just the latest chapter in the town's storied history of publicity stunts, said Jason LeTeff, one of its 72 year-round residents – or, as the mayor calls them, Hellions or Hell-billies. But LeTeff wasn't particularly enthused.
"Now, here I am living in Hell, taking my kids to church and trying to teach them the right things and the town where we live is having a 6-6-6 party," he said.
According to the town's semiofficial Web site, there are two leading theories about how Hell got its name. The first holds that a pair of German travelers stepped out of a stagecoach one sunny afternoon in the 1830s, and one said to the other, "So schoene hell" – roughly translated as, "So bright and beautiful." Their comments were overheard by some locals and the name stuck.
The second holds that George Reeves was asked after Michigan gained statehood what he thought the town he helped settle should be called, and reportedly replied, "I don't care, you can name it Hell if you want to." The name became official on Oct. 13, 1841.
On the Net:
Hell, Mich.: http://www.hell2u.com/
This entry was posted on June 6, 2006, in Uncategorized and tagged 666, 666 Day Celebration, Fire, Hell, Hell Michigan, John Colone, Number of The Beast.
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Ex-Secretary of State Mark Ritchie will lead nonprofit Global Minnesota.
Former Minnesota Secretary of State Mark Ritchie for decades has been a member of Global Minnesota, a nationally known nonprofit that promotes international education.
Now Ritchie, 67, has been named its new president. He said that running a group whose mission is "advancing international understanding and engagement" was a natural move, given his background in state government, business and agriculture.
"Their mission statement in just a few words says out loud what I've devoted my life to promoting," Ritchie said.
He will succeed Carol Engebretson Byrne, who is retiring after 21 years of service. She tripled Global Minnesota's revenue, led its rebranding and name change and pushed the organization into the top 10 of the 90 World Affairs Councils of America.
More than 8,000 people viewed the job posting online, and 170 people had conversations with the search firm about the job, said search committee chairman Mike Meyer. Applicants included ambassadors, teachers, business executives and government and State Department leaders.
The Minneapolis group has more than 2,000 members, 52 corporate members and a $1.5 million budget. The group will hand Ritchie a recently developed five-year plan, with one major goal of attracting younger members and audiences.
Global Minnesota was founded as the Minnesota International Center, an organization that welcomed foreign students and scholars. One of those early students was Ertugrul Tuzcu, a Turkish immigrant who is now Global Minnesota's board chairman. He estimated the group has connected more than 15,000 international visitors with Minnesotans from all sectors.
"Mark will help raise Minnesota's profile in the world," he said.
Global Minnesota offers programming for people ranging from "a second-grader to a CEO,' " Tuzcu said. It uses current information on global issues, foreign policy and cultural topics and provides space for residents to discuss it.
The group also frequently hosts foreign dignitaries and State Department employees, matching them with their occupational counterparts and planning dinners with local families, he said.
Recent events included a conference with journalists and diplomats on how foreign policy is covered and a convention with 91 Fulbright scholars who traveled to the state to study food security with local nonprofits, corporations and farmers.
Future events are planned on trade issues and global health.
Ritchie most recently served as leader of Minnesota-USA Expo, a public-private partnership that unsuccessfully sought to bring the 2023 World Expo to Minnesota. He collaborated with heads of state, United Nations committees, scholars and corporate leaders, said Marilyn Carlson Nelson, co-owner of Carlson's Inc., who led the bid committee's board of directors.
Ritchie had frequent contact with Global Minnesota when he founded the Minneapolis-based Institute for Agriculture and Trade Policy, worked for the state's trade office and served as Minnesota secretary of state from 2007 to 2015.
He said he enjoys talking politics and voting issues with his foreign guests, but he added that their faces really light up when discussing agriculture.
"It touches everybody, and it's such an important topic," he said.
Repeat visitors have told Ritchie how warmly they were welcomed by Global Minnesota staffers and remarked on the expertise shown in the questions they were asked. Visitors also were impressed with the many immigrant groups in Minnesota they met during their stay, he said.
"For me, this is a chance to make a difference by bringing people together, broadening perspectives and building understanding — in Minnesota and around the world," Ritchie said.


text:
Software Freedom Day är en dag för främjandet av fri programvara. Den infaller år 2009 den 19 september  och syftar till att lokalt förankra och främja fri programvara och öppen källkod.

Lokalorganisationer kan anmäla sig för att under denna dag anordna aktiviteter av olika slag.

Vanliga aktiviteter

Sammanslutningarna består ofta av 3-5 personer. Aktiviteter innefattar affischering på stan, demonstration av fri programvara eller anordning av:

 Föreläsningar
 CD-utdelning
 Install-fester
 Ballong-utdelning
 Gatuaktioner

Anmälan

Varje lokal organisation måste ha en representant som står för evenemanget. Denne är också ansvarig för eventuellt bistånd från sponsorerna till Dagen för fri programvara. Anmälan görs på registrationssidan. Om teamet anmäler sig senast 31 juli får det också beställa ett fritt (men motiverat) antal T-shirts, ballonger och klistermärken för att dela ut eller affischera med.

Anslutna Svenska initiativ

 Software Freedom Day 2009
 Östersund 2009
 Stockholm 2009
 Helsingborg 2007
 Eslöv 2007
 Göteborg 2007
 Hudiksvall 2007

 Linköping 2006

Källor

Externa länkar

 Svenska Software Freedom Day 2008
 Internationella Software Freedom Days' webbplats
 Ubuntu-se's Ubuntudagen 2006

Fri programvara och öppen källkod
Temadagar i september


We realize you may have a few questions, like what type of portable toilet do I need or how much is this going to cost. Just give us a call and one of our specialists in Princeton, Minnesota will be happy to answer any questions you may have.
A Few Tips For Renting a Portable John in Princeton, Minnesota.
Acquiring a portable toilet might not be on the top of your mind on a everyday basis, but when you find yourself needing them you're going to benfit from an education on what's involved in the process.A lot of people used a portable toilet at some time in their life, but when the time comes to finally rent several for an event, the process can bemore difficult than you might think.
Things to consider when selecting a porta potty option include the amount of attendees, the projected length of the gathering, whether food and beverages will be provided and whether the atmosphere of the event will be causal or upscale. The most important considerations that go into choosing your portable toilets will be the number of attendees you're hosting, the type of event and how long will people be staying .
A porta potty is essentially a contemporary outhouse that acts as a enclosed outdoor stall for people to use whenever they have to. The fact is there are tons of high class portable toilet options that could be rented, not just those you would find at construction sites. More upscale porta potties can be found at special events or at large weddings. The last thing you want is their event getting ruined by a porta potty issue, so it's important to inquire about response times in case of a spill or serious issue.
Your basic porta potty will be constructed of of plastic, have a single stall and will contain toilet paper along with some type of hand sanitizer . If cost is an issue, you could always install an outside washing station where attendees can wash their hands after, which will save you the extra money of having to rent stalls with inside wash bins. Since portable toilets do not use traditional plumbing, it has powerful deodorizing substances to disinfect and manage waste . These substances are the blue liquid found at the bottom of a stall, and if you are renting long term, then you might want to ask about disposal and replacement services.
Your anticipated attendance size is going to be the most important fact in figuring out the type and quantity of portable toilets to get. Most rental vendors provide a simple list for large crowd use, and typical construction sites will use about one portable toilet per ten workers each work week. For personal events or special occasions, the typical rules is to have at least 2 stalls per 50 attendees, although this number can increase if there is a lot of food and drink involved. For larger events, such as a wedding or concert with over a hundred guests, you could easily be looking at dozens of stalls needed.
While choosing a porta potty you'll want to think about a range of options. The type of event you're planning will help you choose the number of toilets and the length of time you'll require them for. You will want to remember that your event is going to require some setup regardless of the type of event you're planning, so it's important to ask your rental company how long they will need to set up the porta potties and that way you can ensure they'll be ready in time for your attendees. At bigger events it's a smart idea to spring for a customized stall with handicap access to make sure all guests can take advantage of it if needed.
When you rent a porta potty, you should know about the amenities it comes with. Your average porta potty will come with the essential necessities such as tissue paper, hand sanitizer, a holding compartment and paper seat covers. A high end flushing toilet has more sanitary options besides having the selections of a basic restroom. Some of the selections you could go with include more upscale portable toilets with hand soap dispensers, washing stations and mirrors. VIP self-contained mobile toilets have all the amenities that are listed above along with an interior light.
When renting the typical porta potty then you're probably looking at an average price of between fifty and seventy-five dollars each day. The costs might also vary depending on the company and time of year. If you would like to rent deluxe portable toilets, it runs about 0 and a higher end self-contained porta potty will run around 0. Looking at about factors such as cost, legnth of your rental and which options to go with are vital when making a rental decision. As long as you have a basic understanding of selections as well as asking the proper questions with your rental business, you can't go wrong and your special occasion can go on smoothly.


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We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the UNIQMED. The use of the Internet pages of the UNIQMED is possible without any indication of personal data; however, if a data subject wants to use special enterprise services via our website, processing of personal data could become necessary. If the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain consent from the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the UNIQMED. By means of this data protection declaration, our enterprise would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed, by means of this data protection declaration, of the rights to which they are entitled.
As the controller, the UNIQMED has implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.
The data protection declaration of the UNIQMED is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our data protection declaration should be legible and understandable for the general public, as well as our customers and business partners. To ensure this, we would like to first explain the terminology used.
Personal data means any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
UNIQMED
Outokumpu str. 23 – 65
30327 Kohtla-Jarve
Phone: +3726682838 (Estonia); +37257414860 (Estonia)
Email: info@uniqmed.eu
Website: https://uniqmed.eu
The Internet pages of the UNIQMED use cookies. Cookies are text files that are stored in a computer system via an Internet browser.
Through the use of cookies, the UNIQMED can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user's computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie.
The website of the UNIQMED collects a series of general data and information when a data subject or automated system calls up the website. This general data and information are stored in the server log files. Collected may be (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (so-called referrers), (4) the sub-websites, (5) the date and time of access to the Internet site, (6) an Internet protocol address (IP address), (7) the Internet service provider of the accessing system, and (8) any other similar data and information that may be used in the event of attacks on our information technology systems.
When using these general data and information, the UNIQMED does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the UNIQMED analyzes anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
The website of the UNIQMED contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
7. Rights of the data subject
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the UNIQMED, he or she may, at any time, contact any employee of the controller. An employee of UNIQMED shall promptly ensure that the erasure request is complied with immediately.
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the UNIQMED will arrange the necessary measures in individual cases.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the UNIQMED, he or she may at any time contact any employee of the controller. The employee of the UNIQMED will arrange the restriction of the processing.
In order to assert the right to data portability, the data subject may at any time contact any employee of the UNIQMED.
The UNIQMED shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the UNIQMED processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the UNIQMED to the processing for direct marketing purposes, the UNIQMED will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the UNIQMED for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the UNIQMED. In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, or (3) is not based on the data subject's explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject's explicit consent, the UNIQMED shall implement suitable measures to safeguard the data subject's rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the UNIQMED.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the UNIQMED.
8. Data protection for applications and the application procedures
The data controller shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to the controller. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interest in this relation is, e.g. a burden of proof in a procedure under the General Equal Treatment Act (AGG).
9. Data protection provisions about the application and use of Google Analytics (with anonymization function)
For the web analytics through Google Analytics the controller uses the application «_gat. _anonymizeIp». By means of this application the IP address of the Internet connection of the data subject is abridged by Google and anonymised when accessing our websites from a Member State of the European Union or another Contracting State to the Agreement on the European Economic Area.
10. Data protection provisions about the application and use of Google-AdWords
On this website, the controller has integrated Google AdWords. Google AdWords is a service for Internet advertising that allows the advertiser to place ads in Google search engine results and the Google advertising network. Google AdWords allows an advertiser to pre-define specific keywords with the help of which an ad on Google's search results only then displayed, when the user utilizes the search engine to retrieve a keyword-relevant search result. In the Google Advertising Network, the ads are distributed on relevant web pages using an automatic algorithm, taking into account the previously defined keywords.
The operating company of Google AdWords is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, CA 94043-1351, UNITED STATES.
The purpose of Google AdWords is the promotion of our website by the inclusion of relevant advertising on the websites of third parties and in the search engine results of the search engine Google and an insertion of third-party advertising on our website.
If a data subject reaches our website via a Google ad, a conversion cookie is filed on the information technology system of the data subject through Google. The definition of cookies is explained above. A conversion cookie loses its validity after 30 days and is not used to identify the data subject. If the cookie has not expired, the conversion cookie is used to check whether certain sub-pages, e.g, the shopping cart from an online shop system, were called up on our website. Through the conversion cookie, both Google and the controller can understand whether a person who reached an AdWords ad on our website generated sales, that is, executed or canceled a sale of goods.
The data and information collected through the use of the conversion cookie is used by Google to create visit statistics for our website. These visit statistics are used in order to determine the total number of users who have been served through AdWords ads to ascertain the success or failure of each AdWords ad and to optimize our AdWords ads in the future. Neither our company nor other Google AdWords advertisers receive information from Google that could identify the data subject.
The conversion cookie stores personal information, e.g. the Internet pages visited by the data subject. Each time we visit our Internet pages, personal data, including the IP address of the Internet access used by the data subject, is transmitted to Google in the United States of America. These personal data are stored by Google in the United States of America. Google may pass these personal data collected through the technical procedure to third parties.
The data subject may, at any time, prevent the setting of cookies by our website, as stated above, by means of a corresponding setting of the Internet browser used and thus permanently deny the setting of cookies. Such a setting of the Internet browser used would also prevent Google from placing a conversion cookie on the information technology system of the data subject. In addition, a cookie set by Google AdWords may be deleted at any time via the Internet browser or other software programs.
The data subject has a possibility of objecting to the interest based advertisement of Google. Therefore, the data subject must access from each of the browsers in use the link www.google.de/settings/ads and set the desired settings.
Further information and the applicable data protection provisions of Google may be retrieved under https://www.google.com/intl/en/policies/privacy/.
11. Data protection provisions about the application and use of LinkedIn
The controller has integrated components of the LinkedIn Corporation on this website. LinkedIn is a web-based social network that enables users with existing business contacts to connect and to make new business contacts. Over 400 million registered people in more than 200 countries use LinkedIn. Thus, LinkedIn is currently the largest platform for business contacts and one of the most visited websites in the world.
The operating company of LinkedIn is LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, UNITED STATES. For privacy matters outside of the UNITED STATES LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland, is responsible.
With each call-up to one of the individual pages of this Internet site, which is operated by the controller and on which a LinkedIn component (LinkedIn plug-in) was integrated, the Internet browser on the information technology system of the data subject is automatically prompted to the download of a display of the corresponding LinkedIn component of LinkedIn. Further information about the LinkedIn plug-in may be accessed under https://developer.linkedin.com/plugins. During the course of this technical procedure, LinkedIn gains knowledge of what specific sub-page of our website was visited by the data subject.
If the data subject is logged in at the same time on LinkedIn, LinkedIn detects with every call-up to our website by the data subject—and for the entire duration of their stay on our Internet site—which specific sub-page of our Internet page was visited by the data subject. This information is collected through the LinkedIn component and associated with the respective LinkedIn account of the data subject. If the data subject clicks on one of the LinkedIn buttons integrated on our website, then LinkedIn assigns this information to the personal LinkedIn user account of the data subject and stores the personal data.
LinkedIn receives information via the LinkedIn component that the data subject has visited our website, provided that the data subject is logged in at LinkedIn at the time of the call-up to our website. This occurs regardless of whether the person clicks on the LinkedIn button or not. If such a transmission of information to LinkedIn is not desirable for the data subject, then he or she may prevent this by logging off from their LinkedIn account before a call-up to our website is made.
LinkedIn provides under https://www.linkedin.com/psettings/guest-controls the possibility to unsubscribe from e-mail messages, SMS messages and targeted ads, as well as the ability to manage ad settings. LinkedIn also uses affiliates such as Eire, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame. The setting of such cookies may be denied under https://www.linkedin.com/legal/cookie-policy. The applicable privacy policy for LinkedIn is available under https://www.linkedin.com/legal/privacy-policy. The LinkedIn Cookie Policy is available under https://www.linkedin.com/legal/cookie-policy.
12. Data protection provisions about the application and use of Oracle Eloqua / Oracle Marketing Cloud
On this website, the controller has integrated components of Oracle Eloqua/Oracle Marketing Cloud (hereinafter referred to as the «Eloqua»). Eloqua compares relevant Internet content to data from prospective customers and their profiles, to enable Internet site operators to speak more effectively and specifically to prospects and customers. The purpose of Eloqua is to increase the conversion rate of prospective customers and thus increase the turnover of an Internet site operator.
The operating company of Eloqua is Oracle Corporation, 500 Oracle Parkway, Redwood Shores, CA 94065, UNITED STATES.
Eloqua sets a cookie on the information technology system of the data subject. The definition of cookies is explained above. Eloqua will use the data collected from our website and information on behalf of the controller to analyze user behaviour of the data subject, who has used our Internet page. In addition, Eloqua will use the data to create reports on user activities on our behalf, as well as to provide other services for our enterprise, which are in relation to the use of our website.
The data subject may, as stated above, prevent the setting of cookies through our website at any time by means of a corresponding adjustment of the web browser used and thus permanently deny the setting of cookies. Such an adjustment to the Internet browser used would also prevent Oracle from setting a cookie on the information technology system of the data subject. In addition, cookies already in use by Oracle may be deleted at any time via a web browser or other software programs.
In addition, the data subject has the possibility of objecting to a collection of data relating to a use of this Internet site that are generated by the Eloqua cookie as well as the processing of these data by Eloqua and the chance to preclude any such. For this, the data subject must press the 'click here' button under https://www.oracle.com/marketingcloud/opt-status.html, which sets an opt-out cookie. The opt-out cookie is placed on the information technology system used by the data subject. If the data subject deletes the cookies on his system, then the data subject must call up the link again and set a new opt-out cookie.
With the setting of the opt-out cookie, however, the possibility exists that the websites of the controller are not entirely usable anymore by the data subject.
The applicable data protection provisions of Oracle may be accessed under https://www.oracle.com/legal/privacy/index.html.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR.
In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR.
Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner).
Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded.
Before personal data is provided by the data subject, the data subject must contact any employee. The employee clarifies to the data subject whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.
This Privacy Policy has been generated by the Privacy Policy Generator of the DGD — Your External DPO that was developed in cooperation with German Lawyers from WILDE BEUGER SOLMECKE, Cologne.
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