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text:
A Visual Historical past Of First
I've had many individuals inform me over the years that shooters are "dumb," as a result of these individuals believe that shooters are simple games about pointing at enemies and clicking on them until they die. Players will management a soldier know as a Pilot from one in every of these two factions with a custom or default loadout of weapons to suit the preferred playing fashion. FPS video games typically map the gamer's movements and provide a view of what an actual particular person would see and do in the recreation.
The first FPS was "Maze Battle", developed in 1973. Or you would name it World of Warcraft: The First-Particular person Shooter. The general sport play of Crysis 3 is much like earlier titles with gamers being geared up in nanosuits which give them particular skills such as enhanced power and speed.
A primary individual shooter (FPS) is a genre of action video game that's played from the point of view of the protagonist. The next year, id Software program put out a free demo model of the same sport, Wolfenstein THREE-D, in which players fought off Nazi mutants and a cyborg Hitler.
Some video games are designed specifically for multiplayer gaming, and have very limited single participant modes during which the player competes towards sport-controlled characters termed "bots". Daphne Bavelier, a neuroscientist at the University of Geneva, has been finding out the lengthy-term results of taking part in video games since 2000.
We need to transcend saying, I know what these games do as a result of I see my son enjoying them," and attempt to understand the complexities — that different video video games have totally different effects. For those who side-step the genre's wireframe origins – expanded in our 43-yr historical past of first-individual-shooters – let's begin with the granddaddy: the unique, 1993 Doom.… Read More...

redpajama_set_name: RedPajamaCommonCrawl


To put it simply, contract fuel is consolidated fuel purchasing. Think of car gas stations. The UPS truck gets a better deal on fuel at your local gas station than you and I because UPS buys bulk amounts in multiple locations with a few suppliers. It's the same thing with contract fuel for aviation. Flight departments work with fuel suppliers to get a better price on jet fuel for several legs of a trip. The flight departments appreciate the fuel savings and simplified invoicing process from one source. The FBOs enjoy 0% processing fees, reduced receivables and quick payback.


text:
Binge-watching More Than a Fad
Jordan Reynolds, Staff Writer
The concept of binge-watching television shows is something that is unique to the 21st century. Whether the show of choice is "The Office," "Breaking Bad" or "Grey's Anatomy," nearly everyone has sat down and watched multiple episodes (sometimes even seasons) of a show at some point in their life.
This phenomenon might seem bizarre to those who grew up in the era of gathering around the television set every week to tune into their favorite programs. The question remains: is binge-watching the new normal? Or is it just a fad that will soon dissipate?
In 2014, Netflix conducted a survey showing that 73 percent of its viewers define binge-watching as "watching between 2-6 episodes of the same TV show in one sitting." The term "binge-watching" can be traced back to the late '90s, and became more prevalent when Netflix began its internet streaming services in 2007 with their infamous subscription cost of "just eight bucks a month." In recent years, other streaming services have jumped on the streaming bandwagon, including Hulu and Amazon Prime.
The allure of binge viewing is easy to understand. The week-long wait between episodes is reduced to seconds, and the ability to watch multiple episodes at a time comes with the agency to choose how much content to consume at once. Being able to watch more than one episode in a sitting is comparable to reading multiple chapters of a book at once. However, this is a more advanced form of media consumption.
Binge-watching culture has given rise to new shows that forego traditional weekly release and are instead released annually, one season at a time. Netflix originals such as "House of Cards," "Unbreakable Kimmy Schmidt" and "Orange is the New Black" are arguably becoming more popular than shows that follow a more typical release schedule. And with reboots of classic favorites like "Fuller House," the streaming audience continues to grow among all ages.
TV critics debate whether or not the serialized television experience is better because there is a waiting period between installments, for one to savor the previous episode and look forward to the next. Vince Gilligan (the creator of "Breaking Bad") believes that viewers who polish off multiple seasons in short spans of time are better off because crucial plot points remain fresh in their memory. It makes sense: similar to the feeling of not being able to put down a book due to the intensity of the plot, viewers are finding it hard to stop at just one episode of "Game of Thrones" or "Mad Men."
Binge-watching is especially appealing in our on-the-go society. It doesn't seem to be going anywhere, and while the future of network television remains unclear, Netflix and other streaming services are becoming the standard for TV consumption.
Email Jordan Reynolds at [email protected]
Jordan Reynolds, Editor-at-Large


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text:
Philippine Supreme Court Jurisprudence > Year 2015 > August 2015 Decisions > G.R. No. 181111, August 17, 2015 - JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.:
JACKSON PADIERNOS Y QUEJADA, JACKIE ROXAS Y GERMAN AND ROLANDO MESINA Y JAVATE, Petitioners, v. PEOPLE OF THE PHILIPPINES, Respondent.
BRION, J.:
Before the Court is a petition for review on certiorari filed by petitioners Jackson Padieraos y Quejada (Padiernos), Jackie Roxas y German (Roxas) and Rolando Mesina y Javate (Mesina). The petitioners seek the reversal of the Court of Appeals' (CA) decision1 dated May 10, 2007 and resolution2 dated December 20, 2007 in CA-G.R. CR No. 28920. The assailed CA rulings affirmed with modification the decision of the Regional Trial Court (RTC), Branch 66, Baler, Aurora in Criminal Case No. 3122.
The petitioners were charged as accessories to the crime of illegal possession of lumber, in violation of Presidential Decree (P.D.) No. 705 or the Forestry Reform Code of the Philippines. According to the Information, the petitioners took away the truck that carried the lumber to prevent its use as evidence and to avoid its confiscation and forfeiture. The Information specifically states as follows:chanRoblesvirtualLawlibrary
That at about 6:00 o'clock in the morning on November 15, 2002, in Caragsacan, Dingalan, Aurora, and within the jurisdiction of this Honorable Court, the aforesaid principals, confederating together and mutually helping one another, did then and there, unlawfully, feloniously and willfully have in their possession and control 818 pieces of lumber with a total volume of 10,253 board feet and valued at P133,289.00 loaded on a ten-wheeler truck with Plate No. TFZ-747 and owned by the accused Santiago Castillo y Cruz without any permit, license or documents from the proper authority and that at about 3:00 o'clock in the afternoon on the following day, November 16, 2002, the aforesaid accessories, confederating together and mutually helping one another, did then and there unlawfully, feloniously and willfully take and carry away the aforementioned ten wheeler truck with Plate No. TFZ-747 so it could not be used as evidence and avoid confiscation and forfeiture in favor of the government as tool or instrument of the crime, [emphasis and italics supplied]
CONTRARY TO LAW.ChanRoblesVirtualawlibrary
Accused Santiago Castillo (Santiago), Frederico Castillo (Frederico), and Roger Mostera (Mostera) remain at large; accused Eddie Gatdula (Gatdula) pleaded not guilty as principal to the crime; while petitioners Padiernos, Mesina, and Roxas pleaded not guilty as accessories to the crime.
Prosecution's evidence
The presented evidence of the prosecution shows that on November 15, 2002, the Department of Environment and Natural Resources Officer (DENRO) Felimon Balico (Balico) approached a truck loaded with lumber, which was parked at a national highway in Dingalan, Aurora (Dingalan)3 The truck bore the name "JEROME" with Plate No. TFZ-747. Balico requested from the truck driver, Frederico, and the truck helper, Mostera, the lumber's supporting documents but they failed to produce any.
Balico reported the matter to SPO4 Ramil Gamboa (Gamboa) and SPO4 Romulo Derit. Thereafter, he proceeded to the DENR office to report the incident. Some of the DENROs represented that the transportation of the seized lumber had the required permit but they, too, failed to produce any supporting document.
The DENRO group - composed of Balico, Tarcila Vivero (Vivero) and Rodolfo Tumagan (Tumagan) - and the policemen, Gamboa and Romulo Derit, guarded the truck loaded with lumber.4
The DENRO group decided to transfer the truck and the lumber to the police station at Poblacion. They transferred the lumber first from November 15 to November 16, 2002, and left the truck at the national highway in Dingalan, guarded by the DENROs and some police officers.5
On November 16, 2002, accused Gatdula, Santiago, and petitioners Mesina, Roxas, and Padiernos arrived at the place where the truck was being held in custody.6
Santiago, who claimed ownership of the truck,7 agreed with the DENROs and the police officers to bring the truck to the police station. Santiago gave the truck key to Mesina who volunteered to drive the truck; while Padiernos asked Balico where the seized lumbers were.8
Mesina started the engine and Roxas, Santiago, and Padiernos immediately got on board at the front of the truck. The DENRO group also got on board at the back of the truck. SPO2 Renato Mendoza (Mendoza) and his companion, PO1 John Fajardo (Fajardo) follow on a motorcycle.
Since the truck was then parked opposite the direction to the police station, Balico thought that Mesina would maneuver the truck so that they could proceed to the police station. To their surprise, Mesina increased the truck's speed and headed towards the direction of Nueva Ecija, leaving behind their two policemen escorts9 who chased the truck and fired three warning shots.10
As the truck sped faster, Balico yelled "Saklolo! Saklolo!" but the truck maintained its speed. SPO2 Mendoza corroborated this testimony; he and Fajardo saw the three DENROs waving but could not hear what they were saying.
When the truck had exited Dingalan, SPO2 Mendoza and Fajardo decided not to pursue the truck anymore and simply reported the incident to the Philippine Army stationed at Brgy. Tanawan.
The Philippine Army blocked the road with a 50-caliber machine gun and flagged down the truck at Brgy. Bagting, Gabaldon, Nueva Ecija.11
As the truck passengers alighted, petitioner Padiernos uttered bad words to them, saying that they had no right to apprehend the truck and the lumber.12
Police officers Gamboa, Joemar Balmores, Sagudang, Fajardo, and Mendoza13 immediately proceeded to Brgy. Bagting where they found the DENRO group, Padiernos, and Roxas. The DENROs and the policemen proceeded back to Dingalan, with police officer Gamboa driving the truck to the police station compound.
Evidence for the defense
Mesina testified that on November 16, 2002, he was watching television with his wife and children when his former employer, Santiago, arrived and asked him to bring the latter's truck to Cabanatuan City. He refused Santiago's request because he knew that the truck had been engaged in illegal activities; particularly, the truck had been previously loaded with lumber that were confiscated.14
Santiago insisted and assured him that he would take care of everything and that there was really no problem with the truck. Mesina finally agreed and rode in Santiago's car. Santiago asked him to fetch Roxas to accompany them.15
Roxas was resting in his house when Santiago and Mesina arrived. Santiago asked Roxas if he could drive his truck to Cabanatuan City.16 Roxas refused because he had already heard of the truck's apprehension,17 but he finally relented after Santiago assured him that there was no problem with the truck. They proceeded to Caragsacan, Dingalan where the truck was parked.18 On cross-examination, Roxas testified that he knew very well that the vehicle was a "hot" truck but he relied on Santiago's claim that the problem already been settled.19
On their way to Caragsacan, Dingalan, they saw Padiernos at the waiting shed of Aplayang Malaki, Dingalan.20 According to Padiernos, he had been waiting for a ride to Cabanatuan City from 12:30 to 1:30 p.m. but only Santiago's group came by.21 Padiernos hitched a ride with them after learning that they would bring Santiago's truck to Cabanatuan City.22
Padiernos testified that he only learned where the truck was parked when they reached Caragsacan.23
On reaching the place where the truck was parked, they all alighted from the car and walked towards the back of the truck; Padiernos crossed the street. Mesina saw Santiago talk to DENRO Tumagan and several other persons for about 25 to 30 minutes.24
Thereafter, Santiago handed the truck keys to Mesina.25 Padiernos seated himself in the front cab of the truck with Santiago and Roxas, while Mesina took the driver's seat.26 Mesina drove the car towards Cabanatuan City upon Santiago's instruction.27
The petitioners unanimously testified that they did not hear people shouting or tapping on the truck to stop them.28 They also did not notice any motorcycle following them as the truck's side mirrors were broken. They did not reach Cabanatuan City because the Philippine Army flagged them down.29
After the incident, Padiernos boarded a jeepney bound for Cabanatuan City while Roxas and Mesina boarded a jeepney bound for Dingalan.30
The RTC's ruling
The RTC convicted petitioners Padiernos, Mesina and Roxas as accessories to the crime of violation of P.D. 705.31
The RTC ruled that the petitioners had a common design to take away the truck that earlier had been used in violating P.D. No. 705 or the Forestry Reform Code.32
The RTC found that the testimonies of the prosecution witnesses were categorical, straightforward, and consistent; they had no improper motive to testify falsely against the petitioners.33 Thus, the RTC disregarded the petitioners' defense that they did not intentionally take away the truck.34
The RTC also found that the petitioners' testimonies and admissions established their prior knowledge that the truck had been previously confiscated for illegal transport of forest products. This explains the reluctance of Mesina and Roxas to go with Santiago in getting the truck.35
The RTC further ruled that Padiernos' defense of denial fails in view of Balico's testimony that Padiernos gave the DENROs a "tongue-lashing" as they had no right to apprehend the truck and its cargo.36 Padiernos' knowledge of the status of the truck is also undeniable as he admitted his familiarity with the townsfolk of Dingalan and its rampant problem of illegal transport of forest products. The RTC concluded that the incident and the personalities involved could not have escaped Padiernos' notice, yet he still went with them to get the truck.37
Finally, the RTC disregarded the petitioners' claim that they did not hear the policemen's warning shots and the DENROs' shouts because of the noisy engine and the defective windows of the truck. The RTC had observed during its ocular inspection of the truck that both windows were in order and sounds outside could be clearly heard even with a running engine.38
The CA's ruling
The CA affirmed the RTC's decision and adopted its factual findings, but modified the penalty imposed on the petitioners.39
The CA considered the subject truck as an "instrument" in the commission of the offense, within the meaning of Article 19, paragraph 2 of the Revised Penal Code (RPC). While the lumber had already been unloaded and placed in police custody, the truck still served as the essential link to the discovery of the loaded undocumented lumber. Similarly, its presentation as evidence is material in proving the commission of the offense of violation of P.D. 705, as amended.40
The CA added that since the petitioners' violation of P.D. 705 is mala prohibita, their intent, motive, or knowledge need not be shown. Nevertheless, their defense of denial must fail in view of the evidence on record and their own admissions that they were aware of the truck's involvement in an illegal activity at the time that they drove it towards Nueva Ecija.41
The prosecution had also clearly established Padiernos's close association with Santiago, Roxas, and Mesina. Padiernos previously facilitated Santiago's application for mayor's permit as a lumber dealer; Roxas is a family friend of Padiernos and his father is Padiernos's driver, while Mesina and Padiernos' are long-time acquaintances.42
The Parties' Arguments
The petitioners argue that they could not be held liable as accessories for violation of P.D. 705 because the DENROs and the police authorities had already discovered the crime and had, in fact, control over the truck when the petitioners drove it towards Nueva Ecija.43 Article 19 of the RPC only punishes accessories who prevent the discovery of the crime.44
On the other hand, the respondent maintains that the petitioners' acts were aimed at preventing the discovery of the crime. The respondent alleges that without the truck, the accused in the present case could easily produce the necessary transportation documents to account for the entire volume of the confiscated lumber.45 The respondent refers to the testimony of James Martinez of CENRO Dingalan who tried to make it appear that the seized lumber had the proper transportation permit for 8,254 board feet and 261 pieces of lumber. This transportation permit did not tally, however, with the actual volume of the confiscated lumber of 10,253 board feet, totaling 818 pieces.46
We emphasize at the outset the well-settled doctrine that an appeal throws the whole case wide open for review. An appeal therefore empowers, and even obligates, the appellate court to correct errors as may be found in the appealed judgment even if these errors have not been raised. It is likewise settled that when an accused appeals, he opens the whole case for a new trial.47
The Court is therefore not precluded from determining the correct criminal liability of the appealing accused, and from imposing the corresponding punishment in accordance with the charges in the Information and the crime proved during trial.
Thus, in People v. Manalili et al.,48 the Court held that since the Information in that case contained a specific allegation of every fact and circumstance necessarily constituting both the crimes of illegal possession of firearms and of murder, the separate crime of multiple murder may be validly taken into account49 in the resolution of the appeal before the Court, although the appellants have been acquitted of illegal possession of firearms. The Court ruled that the appellants in that case were fairly apprised of the nature of the crime of multiple murder and granted a fair opportunity to defend themselves.
Even with this premise, we find that insofar as the petitioners are concerned, the facts alleged in the Information and the crime proved in the present case do not make the petitioners liable as accessories for violation of P.D. 705. They are, however, liable for violation of Section 1(b) of P.D. 1829.
The petitioners are not liable as accessories to the crime
The well-settled doctrine is that the allegations in the Information determine the nature of the offense, and not the technical name that the public prosecutor assigns in the preamble of the Information. From a legal point of view, and in a very real sense, the accused is not concerned with the technical name of the crime of which he stands charged. It in no way aids him in a defense on the merits. His attention should be directed and his interest should be on the facts alleged. The real question is not "did he commit a crime given in the law with some technical and specific name," but "did he perform the acts alleged in the body of the information in the manner therein set forth."50
In the present case, the Information charges the petitioners of committing the following acts:chanRoblesvirtualLawlibrary
xxx the aforesaid accessories, confederating together and mutually helping one another, did then and there unlawfully, feloniously and willfully take and carry away the aforementioned ten wheeler truck with Plate No. TFZ-747 so it could not be used as evidence and avoid confiscation and forfeiture in favor of the government as tool or instrument of the crime.ChanRoblesVirtualawlibrary
Applying the doctrine, the controlling charge against the petitioners is not the allegation that they were accessories to the crime, which is merely the public prosecutor's conclusion of law or the technical name of an accused's criminal participation under Article 19 of the RPC, but the factual charges against them. In short, their alleged acts control in defining the crime for which they should stand trial.
These material factual allegations pertain to their act of conspiring with each other to take and carry away the subject truck so that it could not be used as evidence and to avoid its confiscation and forfeiture in favor of the government as tool or instrument of the crime. Notably, the petitioners had been sufficiently apprised of these factual allegations, against which they should defend themselves.
Reading the facts alleged in the Information and proved at the trial, in relation with the legal definition of "accessories" under Article 19 of the RPC, we find that the RTC and the CA erred in convicting the accused as accessories to the crime of violation of P.D. 705.
Article 19, paragraph 251 defines "accessories" as those who, with knowledge of the commission of the crime and without having participated therein, either as principals or accomplices, take part subsequent to its commission by concealing or destroying the body of the crime, its effects or instruments, in order to prevent its discovery.
Under this provision, the punished acts should have been committed for the purpose of preventing the discovery of the crime.52
In the present case, the crime punishable under P.D. 705 - the illegal possession of lumber - had already been discovered at the time the petitioners took the truck. This discovery led to the confiscation of the truck and the loaded lumber on November 15, 2002. The petitioners took the truck on November 16, 2002, after its confiscation.
In these lights, the petitioners are not liable as accessories to the crime charged in the Information as the legal definition of the technical term "accessories" does not coincide with the factual allegations in the Information that serves as the actual criminal charge against the petitioners.
The factual allegations in the Information constitute the crime of obstruction of justice under Section 1(b) of P.D. 1829
The petitioners, however, cannot go scot-free. The factual allegations in the Information, while not constituting an offense committed by accessories under Article 19, paragraph 2 of the RPC, constitute instead the criminal offense of obstruction of justice, which is defined under Section 1(b) of P.D. No. 1829 entitled "Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders."
P.D. 1829 addresses the necessity of penalizing acts which obstruct or frustrate or tend to obstruct or frustrate the successful apprehension and prosecution of criminal offenders.
Under Section 1(b) of P.D. 1829, the crime of obstruction of justice is committed through the following acts:chanRoblesvirtualLawlibrary
Section 1. The penalty of prision correccional in its maximum period, or a fine ranging from 1,000 to 6,000 pesos, or both, shall be imposed upon any person who knowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts:
(b) altering, destroying, suppressing or concealing any paper, record, document, or object, with intent to impair its verity, authenticity, legibility, availability, or admissibility as evidence in any investigation of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings in criminal cases; xxx" [emphasis supplied]ChanRoblesVirtualawlibrary
The factual allegations in the Information, as duly proved during trial, show that the petitioners' acts actually constituted a violation of Section 1(b) above.
First, the Information duly alleges all the essential elements of the crime of obstruction of justice under Section 1(b).
The factual allegations in the Information clearly charge the accused of taking and carrying away the truck so that it could not be used as evidence and to avoid its confiscation and forfeiture in favor of the government as a tool or instrument of the crime.
In the present case, the truck that carried the undocumented lumber serves as material evidence that is indispensable in the criminal investigation and prosecution for violation of P.D. 705. Particularly, the truck is an indispensable link to the persons involved in the illegal possession/transportation of the seized lumber as the permit for the transportation of the lumber necessarily involves the truck and the lumber. According to DENR forest ranger Rogelio Pajimna,53 the transport of lumber should be covered with supporting documents that should be in the possession of the transporter.
Second, the petitioners deliberately took the truck or "suppressed" this particular evidence. The term "suppress" means to subdue or end by force.54
Specifically, the petitioners intentionally suppressed the truck as evidence, with the intent to impair its availability and prevent its use as evidence in the criminal investigation or proceeding for violation of P.D. 705. This intent was duly proved during trial.
It is undisputed that Santiago owns the truck, which serves as his link to the illegal possession/transport of the seized lumber. Santiago had every reason and motive to take his truck after its confiscation. Without the truck, Santiago could be exculpated and the forthcoming criminal investigation or proceedings for violation of P.D. 705 would be frustrated.
The petitioners' intent to take and carry away the truck is established by their knowledge of the status of the truck and their commission of the crime at Santiago's prompting.
Notably, both the RTC and the CA correctly considered the testimonies of the witnesses and the petitioners' admissions in ruling that the petitioners knew that the truck had been involved in the illegal transportation/possession of the seized lumber.
Mesina admitted that he knew the truck's involvement in illegal activities as it had been previously loaded with lumber that was confiscated.
According to Mesina, Roxas also initially refused to go with them because he already heard the news of the truck's apprehension. Roxas admitted that he only agreed to join Santiago and Mesina, after being assured that there was no problem with the truck.
Padiernos' demeanor after the army flagged them down establishes his knowledge of the truck's involvement with the seized lumber. Padiernos uttered bad words at the DENROs, saying they had no right to apprehend the truck and the lumber. This testimony, together with his close association with the other petitioners, destroys his flimsy defense of denial.
The RTC's findings during its ocular inspection of the truck also prove that the petitioners deliberately drove the truck to Nueva Ecija despite evident knowledge of the policemen's warning shots, tapping, and the DENROs shouting for help from the back of the truck.
Clearly, these testimonies, the petitioners' admissions, and the findings of the trial court negate the petitioners' defense of denial of their intent to take the truck and their knowledge of the truck's involvement in an illegal activity.
The unanimous factual findings of the RTC and the CA - such as the petitioners' close association with each other, their flimsy defense of denial of their intent to take away the truck, and the totality of their acts showing their common design to take the truck - lead us to conclude that the petitioners had indeed mutually conspired with one another to take away the truck to suppress it from being used as evidence in the criminal investigation or proceeding for violation of P.D. 705.
Since the crime charged in the Information and the crime proved during trial point to the petitioners' violation of P.D. 1829, we reverse the CA's findings and find the petitioners guilty of Section 1(b) of P.D. 1829.
Under Section 1 of the same law, the penalty for the crime of obstruction of justice is prision correccional in its maximum period, or a fine ranging from P1,000.00 to P6,000.00 pesos, or both.55
WHEREFORE, we GRANT the petition and REVERSE the Court of Appeals' decision dated May 10, 2007, and its resolution dated December 20, 2007. We find petitioners Jackson Padiernos y Quejada, Jackie Roxas y German, and Rolando Mesina y Javate GUILTY for violation of Section 1(b) of P.D. 1829. They are hereby sentenced to suffer the penalty of prision correccional for 4 years, 9 months, and 11 days to 5 years, 4 months, and 20 days.
Carpio, (Chairperson), Del Castillo, Leonen, and Jardeleza,* JJ., concur.
* Designated as Additional Member in lieu of Associate Justice Jose C. Mendoza, per Raffle dated August 17, 2015.
1 Penned by Associate Justice Celia C. Librea-Leagogo, concurred in by Associate Justices Conrado M. Vasquez, Jr., and Jose C. Mendoza, rollo, p. 77.
7 Id. at 34, 36, and 39.
8 Id. at 34 and 36.
14 Id. at 42-44, testimony of Mesina.
18 Id. at 41-42, testimony of Roxas.
20 Id. at 39- 43, testimonies of Padiernos, Roxas and Mesina.
21 Id. at 39-40, testimony of Padiernos.
24 Id. at 39-43, testimonies of Padiernos, Roxas and Mesina.
25 Id. at 40 and 43.
27 Id. at. 43.
29 Id. at 40, 42, and 43.
32 Id. at 130 and 132.
47People v. Llaguno, et al., G.R. No. 91262, January 28, 1998, 285 SCRA 124, 147.
49 The appellants in this case did not file a motion to quash the information that charges two offenses; thus, they were deemed to have waived this objection.
50Matrido v. People, 610 Phil. 203, 210-211 (2009).
51 Article 19. Accessories. - Accessories are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subsequent to its commission in any of the following manners: xxx
2. By concealing or destroying the body of the crime or the effects or instruments thereof, in order to prevent its discovery; xxx
52People v. Versola, 170 Phil 622, 632 (1977).
54 Black Law's Dictionary, Fifth Edition, p. 1291.
55 See Section 1 of P.D. 1829.


text:
SessionsSpeakersSponsorsAbout
Deborah Kan
Founder of Deborah Kan Media and Executive Editor of Being Patient
Deborah Kan is a media entrepreneur, founder of Deborah Kan Media, media speaker and award-winning news anchor and journalist.
Executive Editor and Founder of Being Patient, she is redefining health media by creating single-subject platforms around specific long-term illnesses. Being Patient launched its first platform solely dedicated to covering Alzheimer's disease in July 2017.
Previously Executive Producer at the Wall Street Journal, Ms. Kan launched and ran the Journal's video and multimedia initiative in Asia and grew it into a substantial operation, spanning nine countries throughout the region. During this time, she launched and anchored global consumer technology show "Digits" and spearheaded the production of several documentaries and multimedia projects in Asia. The documentary "City of Imagination: Kowloon Walled City" under her leadership won numerous awards and the Society of News Design Best Digital Design award. The multimedia immersive "What is Alibaba?" also won a Society of Publishers Award.
Ms. Kan has interviewed many world leaders and CEOs during her tenure as a journalist. Uber founder Travis Kalanick, Airbnb's co-founder Nathan Blecharczyk and Twitter's former CEO Dick Costolo are among technology leaders she obtained exclusive interviews with. When she interviewed Google's Executive Chairman Eric Schmidt in 2014, she broke the story of Google's criticism of the U.S. National Security Agency.
Executive Producer of Video & Interviewer, Bloomberg New Economy Forum, Ms. Kan formulated the video production and website content for the NEF, a Michael Bloomberg initiative to build a community of leadership around the world's most critical issues.
Ms. Kan was previously the Managing Editor for News Deeply's Women & Girls, launched in partnership with the Gates Foundation. Women & Girls covers important female issues in the developing world, around health, education and crisis and conflict.
Prior to joining the Journal in 2011, she was a news anchor with Reuters Insider, Thomson Reuters proprietary news channel, where she reported extensively on the 2008 global economic crisis, China's 2009 massive economic stimulus package and regulation reform in the aftermath of the economic crisis.
Her broadcast experience also includes roles as anchor of "Star News Asia," the award-winning newscast on Newscorp's Star World, as well as presenter of "Talk with Deborah Kan."
Throughout her career, Ms. Kan has conducted exclusive interviews with political leaders. She was also one of few international journalists to have interviewed Cambodian Prime Minister Hun Sen, and was the only television journalist from Asia to accompany the New York Philharmonic on their historic 2008 performance in Pyongyang, North Korea.
She is a member of the 2008 class of the Young Global Leaders of the World Economic Forum. She obtained a BA from the University of California, Santa Barbara, and attended the Mass Media Institute at Stanford University, where she studied broadcast journalism. She has also completed Harvard University's Global Leadership and Public Policy for the 21st Century program.
Ms. Kan was appointed to the board of directors of the Family Caregiving Alliance in January 2020. She also serves on the advisory board of Gleneagles Hospital in Hong Kong. She has also been a member of the board of managers for Hong Kong International School for the past nine years. She leads a peripatetic life dividing her time between Hong Kong and San Francisco, is the mom of three children and sees her morning run as an essential part of the daily grind.
This Speaker's Sessions
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Where are we as a nation on the path to the 2025 goal of stopping Alzheimer's disease? Since the disease was first identified in the early 1900s, innovation has been slow, but the pace of science and discovery is dramatically increasing. This session will explore the progress made to date and the potential ahead for the development of new treatments, innovative diagnostics and means of prevention.
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Phyllis Barkman Ferrell
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For a week before we left for our trip, there was a moratorium on all-things Disney – songs, movies, you name it. That's because my husband and I were certain that we were about to be inundated with cheerleader-style crew members, garish decor and "It's a Small World" choruses piped into every public restroom. How wrong we were.
For about a year, the anticipation for this cruise built. My husband, two boys (ages 9 and 7) and I were to embark on a 7-day Alaskan cruise with my parents. I think the adults were just as excited as the kids, though for different reasons. The boys couldn't wait for the kids' clubs and unlimited supply of soft ice cream. The adults were ready for a week of no cooking, cleaning or responsibilities. While all of these expectations were exceeded, the best part of the trip was simply that we were able to do it altogether. Sappy, I know – but really, what fun are new experiences if you can't share them with the people you love?
Prior to this trip, the biggest ships I travelled on were the B.C. Ferries that shuttle passengers between Vancouver and Vancouver Island. More than anything, I was curious to find out how one ship could house eight restaurants, five kids' clubs, multiple bars, a movie theatre, a huge venue for live theatre, hundreds of staterooms and three pools without sinking. I kept any Titanic references to a minimum as we strolled through the multiple decks of the Disney Wonder, marveling at all the ship had to offer. Thankfully, the decor was very tastefully done. Black and white animation drawings of various Disney scenes adorned the walls and bright colors were kept to a minimum.
There are several choices for staterooms and Disney seems to be known for staterooms that offer more space than those on other lines. Our room included a queen-sized bed, a couch that turned into bunk beds and the option to pull down a murphy bed to accommodate a fifth person. A toilet and sink were housed in one section, with the shower/bathtub and additional sink in another, which allowed more than one person to get ready for dinner at a time. As for storage room – well, we were able to completely unpack all of our suitcases and still had room to spare.
This is one of the areas where Disney really separates itself from the pack, particularly with kids' activities. The Disney Wonder houses five kids' clubs, which include the Flounder's Reef Nursery (3 months to 3 years), the Oceaneer Club (ages 3 to 10), the Oceaneer Lab (ages 3 to 10), the Edge (ages 11 to 13) and the Vibe (ages 14 to 17). My boys primarily spent their time in the Oceaneer Lab. From the Ratatouille Cooking School and soap car races to science experiments and Wii tournaments, they were kept busy at every moment by the energetic, engaging staff.
A highlight for my kids was the Junior Ranger program offered on the Alaskan cruises. Throughout the week, they attended classes taught by rangers, with subjects ranging from ocean mammals and glaciers to bears and plant life. They diligently worked on completing their ranger booklets and proudly accepted their Junior Ranger certificates and badges at the end of the week.
While there were some cooler days (we were in Alaska, after all), my kids did manage to take a few plunges in the pool. They ran back and forth between Goofy's pool, which is a basic rectangular shaped pool, and Mickey's pool, which is shaped like Mickey Mouse's head. Mickey's pool was the bigger draw, as there was a one-story twisting water slide and an enormous screen playing Disney movies.
While not splashing around in the pools, my older son spent his time on the sports deck, a netted-in area on the top deck where kids can play soccer and basketball. He spent hours playing pick-up soccer games with kids of various ages and we found ourselves dragging him away from the sports deck when it was time for dinner.
Now, this is Disney we're talking about, so you know the entertainment if going to be first-rate. Each night, there were two showings of the evening's entertainment in the grand Walt Disney Theatre. Live musicals, complete with elaborate costume and set changes, included Toy Story: The Musical, The Golden Mickeys (Disney's version of the Oscars) and and the award-winning Disney Dream: An Enchanted Classic. On other evenings, we were treated to an impressive juggling show; a guitar player who took requests from the audience, putting his spin on classics and modern tunes; and a showing of Cars 2 in 3D.
We didn't spend much time in the family and adult clubs but, from looking at the daily schedule, there were hours of bingo, family game shows and talent shows available. In addition, movies were shown throughout the day in the Buena Vista Theatre.
On our second day at sea, we journeyed up Tracy Arm for a view of the massive glaciers, passing bright blue icebergs and cascading waterfalls along the way. Upon entering Tracy Arm, we were hit with rain and fog, so took a detour up a secondary inlet. We were not to be disappointed. The crew steered the ship into a small inlet that was capped by a massive glacier. Over a period of an hour or two, we sat on our verandah, marveling at the captain's ability to maneuver the ship very close to the glacier, allowing passengers on both sides to get unparalleled views. About halfway through our stay in the inlet, an rumble of thunder cut the air as a large piece of the glacier calved off into the water.
As much as we enjoyed the days at sea, the ports stops allowed us to experience a taste of Alaska. Various port activities are made available by the cruise line or through private companies on shore. Our first stop was Skagway, which is a town of 800 residents. We tripled the size of the population simply by docking there. Looking from the far end of Skagway's main strip towards the dock, the Disney Wonder seem to loom over the town like Gulliver over Lilliput. My dad arranged an outing through a private company and we clambered onto the White Pass & Yukon Railroad for a stunning trip from Skagway to Fraser, B.C. in the Yukon. The railway was built in 1898 during the height of the Klondike Gold Rush. Climbing almost 3000 feet in just 20 miles, the trip offers spectacular views of the surrounding mountains. It was sobering to think of the gold miners that risked their livelihood and lives climbing over that pass before the railroad was built in hopes of striking it rich.
Our next stop, Juneau, was the highlight of the trip for most of us. We were booked on a whale-watching excursion through a private operator called Best Damn Charters. They are a father and son team, originally from Minnesota, that offer whale watching and fishing trips for 1 to 6 people on their 26-foot craft. Being the "Best Damn" of anything is a lot to live up to, but Duane and Nick came through with flying colors. We spent the morning surrounded by a pod of at least a dozen Humpback whales. Watching these majestic creatures arch above the surface, cutting through the water to organize themselves to bubble feed, can make one feel rather small and insignificant.
To enable passengers to take advantage of the ship's plethora of restaurants, Disney runs a rotational dining system. For dinnertime, we rotated between the three main restaurants, accompanied by our head server, Hans, and assistant server, Satya. The kids were thrilled to arrive at the table each night to find water cups with their names written on them. Satya promptly brought them Shirley Temples (their current beverage of choice) and all the maraschino cherries two boys could ever hope for. Both servers were personable, entertaining and willing to do whatever they could to make our cruise pleasant. This could be said for all of the crew on the Disney Wonder.
We embarked on the cruise expecting that Disney's focus would be the kids' activities and entertainment, not the food. This was accurate, to some extent. Overall, the choice and freshness of the fruit at all meals was abundant, the choices were varied and, quite simply, there were mass quantities available. We did have some very good dishes but were left wishing for more availability of vegetables and higher quality of preparation. One exception was Palo, the adults only restaurant, which my husband and I dined at after a luxurious couple's massage in the spa (it was our date evening – thanks, Mum and Dad). The dinner in Palo was excellent, with some of the highlights being the antipasto platter, the lobster mascarpone ravioli, the beef tenderloin with Barolo sauce and the chocolate souffle.
This was my first cruise, so I don't have anything to compare to, but I will say that we had a magical vacation. Not only were we able to spend time as a family, enjoying some wonderful time with my parents, but we left the cruise feeling relaxed and energized. The crew of the Disney Wonder made our trip so pleasant in every way and I have no reservations in recommending this cruise to other families. Did my kids have fun? Well, from the tears shed on the final night at dinner, I think it would be safe to say it was the trip of their young lifetimes. You can't ask for more than that.
Tracey, Alaska is a stunning place to go and traveling by ship allows you to sneak into some of the areas with glaciers, such as Tracy Arm.
So glad you ventured away from food to give us this recap! I've always put Disney Cruises in the category of being way too kid-focused and obnoxious for me, but I think you've proven that theory wrong. I'm definitely going to mentally bookmark something like this for later. Alaska looks and sounds amazing, so glad you had such a great time!
Thanks, Annalise – we really did have a wonderful time. Disney definitely runs a very family-friendly cruise.
Glad you shared with us your vacation recap. I've never been on a cruise or Alaska. Both seems to be a great vacation package!
Kiran, I was a newbie cruiser too and really didn't know what to expect. While we like to travel on our own itinerary too, we would certainly consider another cruise.
Thank you for sharing..great pics..lovely family.
Thanks, Monique. I hope your daughter gets a chance to do a cruise like this.
What a great post, Dara! Peter and I went on a Disney cruise to the Caribbean several years ago and fell in love with it. We have been on several cruises (all on Roayl Caribbean–love them!), and the Disney cruise was our first on that line. We were also expecting "all Disney, all day", but were incredibly impressed with how tastefully the ship was decorated and how the Disney theme was incorporated just as tastefully everywhere without being "in your face" 24/7. We loved the rotational dining system, especially. I had no idea Disney cruises went to Alaska, and we've been dying to go to Alaska for years. This might just be our next cruise! P.S. Your boys are adorable!
Flavia, Disney just started to run cruises to Alaska this year. Currently, they are running out of Vancouver, but next year that will change to Seattle.
Thanks so much, Soma. We will have albums full of memories, that's for certain.
i'm so glad to hear you had a good time on with this cruise line. i went on my first (and last) Carnival cruise this February. The Food at Dinner was actually good, but the cabin super tiny with 3 adults, and the same repetition of bkfst items, buffet style really got old and tasteless buffet desserts. We did go to the Caribbean, so that was pretty awesome, 3 countries in 3 days with HOT weather when all my fellow Canadians were freezing.
Hmm, it does sound as though you didn't have the ideal trip on Carnival. The stateroom size on the Disney Wonder really made the 7 days enjoyable. It gave us the luxury to spread out a little and not feel as though we were constantly on top of each other.
What a lovely vacation! We've never done a cruise but after reading your post I think it will be something we need to do once our little one is older. Welcome back!
It really is a fun way to travel with kids. Lots of opportunities for exploration for the kids, plus a little R & R for parents.
I'm so happy to hear you a fantastic time. Reading this definitely makes a cruise vacation something I'd like to do in the future. It's so great you got to share a trip with your parents and your kids while all enjoying it. Something to treasure for a long time! Welcome home!!
Thanks, Kelley. Sharing this trip with my husband, kids and parents really was the best part.
You are definitely a seasoned Disney cruiser. That speaks volumes for the quality of their vacations.
I have never been on a cruise, but I would like to someday. I live in a cruise ship city, we have several dock each week. Next summer, the Disney cruise lines are going to be stopping here as well, I can't wait to see the ships! It looks like you had a great time, someday when I get to go, I think this might be one to consider!
Our cruise ship left from my hometown of Vancouver (I don't live there anymore) and it was such fun to explore the city for a few days ahead of time.
Italy…that would be wonderful! it sounds as though you are a very seasoned cruiser.
An Alaskan cruise has been on my need-to-do list for a while now, we're hoping to go next summer. If anything, it would be to be surrounded by all those humpback whales – amazing!
Melissa, the Humpbacks really were a highlight of the trip. Get to Alaska when you can – it's worth the trip!
What a fantastic vacation! The boys certainly look so happy in all the beautiful photos!
Thanks, Maris. They had a ball.
Sounds like a perfect vacation. Glad you had a great time.
Thanks, Barbara. It certainly was a vacation to remember.
Wow!! So jealous of your trip. So you're pretty much saying "everyone needs to go on this"! I am going to look into this. Awesome.
What an amazing trip Dara! You and your family are so lucky to have had such an amazing experience – I want to be a big kid too! And those humpback whales and glaciers – incredible!
What a great report, Dara! So glad you all had such a fabulous time. 🙂 I loved all your photos and hearing the details. I especially love that photo of your mom and son. It's lovely to see the shared profiles and family resemblance. You'll treasure that photo forever.
We've done one cruise previously when our son was small. It was a Big Red Boat Looney Tunes cruise and part of a Disneyworld package. We enjoyed ourselves and he had a ball, but we decided that cruising was not our cup of tea. We like to spend much more time on land checking out the local experiences, BUT the exception will be an Alaskan cruise. We do plan to do one of those in the future. I didn't know that Disney did Alaskan cruises either.
So jealous!! I've been on a few cruises, but never a Disney cruise, and never to Alaska. I can't wait until my kids are old enough to really appreciate something like this, and I'll be there in a heartbeat. What a great vacation you had!!!
Couples massage, multiple restaurants, no cooking, cleaning & magical moments?? Count me in! Can I get a Ranger Card too?!
By the way: you are an excellent travel writer!
Must do this! I am so jealous, it looks like you guys had the best time!
That really sounds like a perfect family vacation! Glad you had such an amazing time!
Sounds like you had a fantastic time! That photo of your little one crying….awwwww…how sweet! If I wasn't a big kid, I would cry, too.
I love seeing the photos. It looks like you all had a wonderful time. I've only been on one cruise, but can't wait to do it again. And yes, it is sad when those kind of good times are over, sigh!
I sailed the Wonder to the Caribbean years ago when my kids were young and I've taken a cruise (different cruise line) to Alaska – what a perfect marriage of the two you did! Disney cruises are by far the best – I've done two other "popular" cruise lines and they didn't compare.
Wow, loved seeing your great pics with family and the wonderful sights! Just fabulous!
Loved this post! I was dragged kicking and screaming onto a Disney cruise (the Magic) a few years ago. But you know what? I loved it. The ships are beautiful and everyone had a great time. It was wonderfully kid-friendly, modern, and clean. Now my husband and I want to go again!
I can't tell you how much I appreciated your review of your cruise. My husband and myself are set to leave on a Disney Eastern Carribean cruise in just a few short weeks and we will be traveling with no kids. We have heard such wonderful things about Disney, as we seem to love all things Disney, that we thought why not. Your review has just reaffirmed my decision. Life yourself, my BLOG is normally dedicated to interior design but I will plan on highlighting my trip when I return to the states.
Meredith and I had our honeymoon on the Star Princess in Alaska. A very similar itinerary to yours. It was amazing!
What a fabulous trip! I would love to take our family on a Disney cruise someday – I didn't realize they went to Alaska, that's so fun.
Did you have to have passports to go on this cruise? It looks like a blast!
Kendra, we did need passports because the ship departed from Vancouver, Canada. However, I've heard that they will be changing the departure port to Seattle next year for the Alaska cruises. In that case, you probably won't need a passport, assuming you're not docking in any Canadian ports.
Thanks, again! I would love to do Alaska!
Mariel, I hope you have a chance to go on one of the Disney cruises. It really was a fantastic vacation for all of us!
Hi Dara. I absolutely loved reading your post. All the excitement of your aventures and most of all the time you were able to share with the entire family. I am "Stoked!" to say we will be going on our first Disney Cruise next month (July 23rd to the 30th) and where to, you might ask? ALASKA!! (Time to do the happy dance…. WOO HOO!!…). Now that I've calmed down a little and returned to Earth, I am very excited to say that my kids, Alexia and Jazmine, don't know. They are going to be soooo surprised! My husband and I have been planning this for the last 7 months, how we managed (mainly my husband) to keep it a secret… couldn't tell ya but It's going to be the greatest thing in the world to finally breaking the news to them.. This is going to be AWESOME!!!
dresses 2014 differ from other bridesmaids dresses.
so that the fat is distributed evenly straight down your back and onto your hips, rather than pulling on your spine.


text:
2004 September Music MemorabiliaAuction #606
Louis Armstrong Signed Window Display Card. Also Signed by Luis Russell....
Louis Armstrong Signed Window Display Card. Also Signed by Luis Russell. Louis Armstrong is thought of by many as the trumpet player with the gravelly voice who sang "Hello Dolly," but he is so much more! Armstrong is quite possibly the most important voice in defining what we now call "Jazz" and certainly the architect of "Jazz Improvisation". The illegitimate son of a 15-year-old girl and abandoned by his father, Louis Armstrong learned to play cornet in the band at the "Colored Waifs' Home For Boys" in New Orleans. In later years, he would fondly remember, "Me and music got married at that home." In 1922, Satchmo got his first national exposure performing with the King Oliver Band. Oliver, a legendary cornetist in his own right and leader of one of the first important jazz bands, became Armstrong's mentor. From 1925-1928, Louis Armstrong made a series of recordings under his own name that basically redefined what jazz was. Louis Armstrong made the 4/4 tempo the standard of swing music. He was the first to establish the jazz form: melody-solo-melody, and he was the first to play a complete improvised chorus over the form of a song, as opposed to simply playing short breaks that only embellished the melody. Armstrong, in short, invented the vocabulary of form that every jazz musician still employs today. When he died in 1971, Louis Armstrong was considered a national treasure. Bing Crosby said, "American music begins and ends with Louis Armstrong." This Window Display Card is also signed by pianist Luis Russell, who played piano with the seminal King Oliver ensemble before going on to form his own big band. In 1935, Louis Armstrong began fronting the Russell Orchestra, and this card beautifully documents an important moment in the history of jazz. Luis Russell died in 1963, making his autograph quite rare. The graphics on this 13" x 16" Window Display Card are impressively done in blue, orange, black, and white, and include a wonderful picture of Armstrong seated with his trumpet. It is signed and inscribed in blue fountain pen on the right side of his photo, "Best Wishes From Louis 'Satch' Armstrong". The card is also signed in black fountain pen, "Luis Russell Pianist". Condition is superb except for pinholes, one on each corner, which would not show when matted and framed. This is a rare and historical piece of musical history, representing an important early peak in Louis Armstrong's career! Accompanied by COA from Jazz & Big Band expert Larry Rafferty.
30th-1st Thursday-Friday
Consign to the 2019 November 16 Entertainment - Dallas.
I think Heritage deserves a lot of credit for covering all technical bases without a hitch.
Roy M.,


It wasn't necessarily the consumption of beer that led to Do Sumpin' for Puerto Rico, a good party for a good cause. It was, however, "beer people" who collaborated to pull off this fundraiser to benefit victims of Hurricane Maria in Puerto Rico.
The Shack has a long history in Sacramento. Governor "Sunny Jim" Rolph is reputed to have taken his first post-Prohibition beer in the beer garden at Doc's, which occupied the same building at 52nd and Folsom in a distant era. We don't know whose suds the Governor enjoyed on his visit in 1933, but these days The Shack is known for its ever-rotated taps and a myriad of bottled beers, all served by the most knowledgeable staff in town.
It was Hunter Merritt, who initiated things by suggesting a raffle to benefit the Puerto Rican hurricane relief effort. Hunter is a Shack regular and also leader of a band dubbed The Schwamigos, which plays there on occasion. Gary Sleppy, proprietor of the East Sacramento restaurant and craft beer bar, and his manager Christopher Fairman mulled over the possibilities. Lagunitas manager for the Sacramento market Nate French was contacted and soon an evening featuring specialty beers from Lagunitas Brewery was in the offing with Shack owners Gary and Jen Sleppy pledging 100% of all Lagunitas sales on the day to the fund. A trip to the brewery in Petaluma was suggested as a worthy raffle prize and a private tour for four people was arranged. The brewer would likely provide lunch and "lots of beer," as Fairman recalls. Lagunitas is legendary for its hospitality--It was a grand plan and a grand prize. One thing led to another and soon Christopher Fairman was soliciting neighboring businesses to donate additional prizes for the raffle. Instigator of the fund-raising idea, Hunter Merritt, volunteered that his band could perform. Both the Schwamigos and opening act Wild Ginger donated their musical talents.
Inspiration for the fund-raising effort was the World Central Kitchen, an organization begun by José Andrés, the Spanish-born chef who now heads a mini-restaurant empire in the U.S. Andrés and his culinary colleagues created #ChefsforPuertoRico after Hurricane Maria devastated that Caribbean outpost of the U.S. As of the 17th of October they had already served 1-million meals to Puerto Ricans still reeling from effects of that disaster.
Taste California Travel stayed 'til end of the evening and didn't see anything but happy faces on those attending. Christopher Fairman reports a check from The Shack for $3156 is going to World Central Kitchen to help fund their efforts in Puerto Rico—a fine gesture from a craft beer pioneering business in Sacramento and its beer-loving colleagues and customers. For more information about World Central Kitchen or to donate to their Puerto Rico effort visit www.worldcentralkitchen.org.


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Gay Montana, continued Lost of
by John Coleat8:29 am on October 11, 2002 . It has Comments Disabled
Gay Montana, continued
Lost of interesting stuff on the Taylor/Baucus gay ad today:
To their credit, The Daily Kos and Ted Barlow have essentially 'come out' (sorry, I couldn't help myself) against the ad.
Andrew Sullivan notes, quite correctly, that if the roles were reversed, the libs would be screaming bloody murder.
Jane Galt thinks the whole problem could be solved by giving the Democrats a wedgie.
As expected, Josh Marshall describes himself as equivocal. Depends on what the meaning of the word is, is, I guess.
Nothing yet from The New Republic, although I am willing to bet that they will continue to defend the Lautenberg/Toricelli switch using this exact case as evidence that candidate switching will not happen frequently. Of course not- Mark Racicot believes in the rule of law.
John Fund reports this isn't the first time Max Baucus has dabbled in sleazy campaign tactics:
That's pretty much what political observers also said in 1978, when the Montana AFL-CIO decided to unload on Republican Larry Williams, an investment adviser who was running against Mr. Baucus for the Senate. The union distributed hundreds of thousands of copies of a photo, taken when Mr. Williams lived in California, that showed him wearing love beads and with an unkempt hairdo, a sharp contrast to the buttoned-down image he tried to convey in his Senate race.
Mr. Williams claimed the photo had been taken after he had finished a long flight, but the damage was done. Charles Johnson, a journalist for the Lee newspaper chain in Montana, says that "at the time, some election observers credited the move as a factor in helping Baucus win the tight race."
Apparently homophobia is only bad when it hurts Democrats.
Orrin Judd asks:
When nuts blow up a government building in Oklahoma City we are told it is because talk radio is anti-government. When a black man is dragged to death in Texas we are told it is because George Bush didn't sign a hate crimes bill. The next time some gay kid is beaten to death will we hear that it is because the Democratic Party has made gays into objects of derision?
This post is in Uncategorized.
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Meet Sour Bob's Best Friend: Jimmy Carter, Man of Peace


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An overview of legal procedure & case law
How is remuneration estimated in step 1?
What is deducted as remuneration in step 2?
What are the contingencies referred to in step 3?
What are the taxation considerations in step 4?
What is the compensation cap in step 5?
See Fair Work Act 2009 ss.392(2)(c), 392(2)(e) and ss.392(5)‒(6)
The formula set out in Sprigg v Paul's Licensed Festival Supermarket[1] (the Sprigg formula) is commonly used in working out the appropriate amount of compensation. The Sprigg formula has been refined with use.
The Sprigg formula was decided under previous legislation but it has continued to be applied under the Fair Work Act.[2]
If, when applied, the Sprigg formula 'yields an amount which appears either clearly excessive or clearly inadequate' then the Fair Work Commission should reassess the assumptions made in reaching that amount.[3] Compensation should be appropriate having regard to all of the circumstances of the case.[4]
The Sprigg formula
as refined in Ellawala v Australian Postal Corporation[5]
Estimate the remuneration the employee would have received if they had not been dismissed. Lost remuneration is usually calculated by estimating how long the employee would have remained in the relevant employment but for the termination of their employment i.e. the anticipated period of employment.
Deduct any remuneration earned by the employee since their dismissal until the end of the anticipated period of employment.
Deduct an amount for contingencies. This is a calculation of future economic loss.
Consider the impact of taxation and adjust the figure accordingly.
Assess the figure against the compensation cap. If the amount is more than the compensation cap it should be reduced to the compensation cap.
The assessment of remuneration lost is a necessary element in determining an amount to be ordered in lieu of reinstatement.[6] Such an assessment is often difficult, but it must be done.[7]
In circumstances where the Commission forms the view that the employee would have stayed in the former job for a number of years then remuneration that would have been received over that period is calculated. This may include long service leave and potential bonuses.[8]
Remuneration earned in other employment.
Social security payments are not generally considered to be 'remuneration'.[9] Whether an employee who has received social security payments is obliged to repay those benefits is a matter between the employee and social security and is not a relevant consideration.[10]
Workers' compensation payments are generally considered to be 'remuneration' and will be deducted.[11]
In Ellawala v Australian Postal Corporation[12] the Commission made the following points in relation to contingencies:
Step 3 involves the deduction of an amount from the total remuneration for situations that may have arisen and which 'might have brought about some change in the earning capacity or earnings'.[13]
A 25% discount for contingencies was applied in Sprigg.[14] This amount was decided on the basis of the facts of that case.[15] It is not a statement of an amount that is generally appropriate.[16]
In assessing the impact of contingencies it is necessary for the Commission to exercise broad discretion and this involves considering both favourable and unfavourable contingencies.[17]
Contingencies only apply to the anticipated period of employment.[18]
Enhance Systems Pty Ltd v Cox PR910779 (AIRCFB, Williams SDP, Acton SDP, Gay C, 31 October 2001).
In this case it was found that the discount for contingencies should only be applied to that part of the anticipated period of employment that is not actually known – that is the period between the date of the decision and the end of the anticipated period of employment.
The Full Bench dismissed an appeal of the decision and considered the amount ordered in lieu of reinstatement was appropriate.
Any discount for contingencies depends upon the circumstances of the case. In this case, the Full Bench stated that for the period from the date of the termination of employment until the hearing of the application by the Commission, the economic effect of the termination of employment is known and capable of calculation. There is considerable force in the argument that any discount for contingencies should only be applied in respect to an 'anticipated period of employment' that is not actually known, ie a period that is prospective to the date of the decision. There is no discount for the period actually known.
The compensation amount is reduced by the tax the employee would have paid if they had received the amount as wages, this gives the net amount.[19]
The net amount is then increased by the amount of tax liability on the compensation as ordered. This is usually taxed as an employment termination payment.[20]
The compensation cap is set in s.392(5) of the Fair Work Act. The amount ordered to be paid by the Commission must not exceed the lesser of:
the total amount of remuneration either received by the person, or to which the person is entitled, for any period of employment with the employer during the 26 weeks immediately before the dismissal, and
half the amount of the high income threshold immediately before the dismissal.[21]
From 1 July 2018, the high income threshold was $145,400 per annum and from 1 July 2019 it is $148,700. Therefore, the compensation cap is:
$72,700 for a dismissal that occurred on or after 1 July 2018 and before 1 July 2019, and
$74,350 for a dismissal that occurred on or after 1 July 2019.
[1] Sprigg v Paul's Licensed Festival Supermarket, Print R0235 (AIRCFB, Munro J, Duncan DP, Jones C, 24 December 1998) [(1998) 88 IR 21].
[2] See Wright v Cheadle Hume Pty Ltd T/A Macedon Spa [2010] FWA 675 (Lewin C, 10 February 2010).
[3] Smith v Moore Paragon Australia Ltd (2004) 130 IR 446 [32].
[4] ibid. See also Haigh v Bradken Resources Pty Ltd (2014) 240 IR 366 [12]
[5] Ellawala v Australian Postal Corporation, Print S5109 (AIRCFB, Ross VP, Williams SDP, Gay C, 17 April 2000) at para. 31.
[6] Sprigg v Paul's Licensed Festival Supermarket, Print R0235 (AIRCFB, Munro J, Duncan DP, Jones C, 24 December 1998) [(1998) 88 IR 21], 32.
[8] Shorten v Australian Meat Holdings (1996) 70 IR 360, 376; citing Slifka v J W Sanders Pty Ltd (1996) 67 IR 316, 327.
[10] Jarvis v Crystal Pictures Pty Ltd [2010] FWA 3674 (Cloghan C, 25 May 2010) at para. 74.
[11] Sprigg v Paul's Licensed Festival Supermarket, Print R0235 (AIRCFB, Munro J, Duncan DP, Jones C, 24 December 1998) [(1998) 88 IR 21], 29.
[12] Ellawala v Australian Postal Corporation, Print S5109 (AIRCFB, Ross VP, Williams SDP, Gay C, 17 April 2000).
[13] Ellawala v Australian Postal Corporation, Print S5109 (AIRCFB, Ross VP, Williams SDP, Gay C, 17 April 2000) at para. 36.
[14] Sprigg v Paul's Licensed Festival Supermarket, Print R0235 (AIRCFB, Munro J, Duncan DP, Jones C, 24 December 1998) [(1998) 88 IR 21].
[15] ibid., [41].
[18] Enhance Systems Pty Ltd v Cox, PR910779 (AIRCFB, Williams SDP, Acton SDP, Gay C, 31 October 2001) at para. 39; citing Ellawala v Australian Postal Corporation, Print S5109 (AIRCFB, Ross VP, Williams SDP, Gay C, 17 April 2000) at para. 43.
[19] Shorten v Australian Meat Holdings Pty Ltd (1996) 70 IR 360, 378.
[20] ibid. It should be noted that tax legislation now refers to 'eligible' termination payments.
[21] The high income threshold is referred to in the Fair Work Act at s.382(b)(iii), and is discussed in more detail in this Benchbook.


- The album peaked at #9 on the Billboard 200.
Produced at TRS West, Sherman Oaks, CA.
Mastered for PLX Mastering, NYC.
Drums recorded at Serenity West Recording, Hollywood, CA.
Guitars recorded at Steakhouse Studios, Burbank, CA.
Additional guitars recorded at Serenity West Recording.
Bass guitar and lead guitars recorded at Downtown Music Studios, NYC.
Additional bass guitar overdubs: Swinghouse Studios.


Tape transfer granule drop, the Luxman with touch to dust sincerity loading and underpin bedding. Specific type: specific recollections/imprinting for turning digital to grain. Sanded down in pleasure-molecule contemplation.
No rain imminent in clear sun lookout until formed clouds roll in.
Boiled down to gas and fume, breathe/intake the memory lapse turned coloured air in a lonely head-space, in stereo-rattled inner-ear change-over. An analogue chemistry set charting the positional mapography of sleeping big-cities. One cylinder pours the closeness into another.
Hidden grit underneath time-treble hit and hiss. Buried in noise reductionism, a curious layer, the rewarded side effect guides the proceedings. Map-points merging/submerging. Pin-points threaded in pinched hubs, place-names occurring to calculate space and new-turning distances. Attenuated soundtrack work, night cars and pitch-blackness through artificial shine, building speed then gridless. Nowhere drives and small-moments writ large.
And a hot sun blazing.
Now we have the master on the other side of the horn. The ear now looks out.
This a gifted collection of blanketed aura iron-out and windows-down tempo pulse from James A. Toth, our usual in-house master technician.
Here, he removes the white hat and takes the long, treed road chasing the warmth and the experiment in tone and technology.
Tape manipulation, part of the mixing process, printing/creating new textures, allowing the decay and compression to spindle appropriate melody, the add-on/dump-down schemata holds the stamp. The flashes break the horizon's long-distant view, it moves ever-closer with the heat turning, lighting the propel. Small, irregular clock-wise rollers collecting and disseminating new data in an almost instant compositional-like poise and lacquer.
The drifting, shouldering weight/less suspension.
A terrific mix of dream and wake-up. Moving and sitting still.
Limited to 30 tapes, coming very soon.
Thanks for listening and reading!


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Best Netflix movies to watch on Android [June 2015]
3 min read 3 min 2 comments 2
Many Netflix movies - and other movies, for that matter - are defined by vast sweeping shots of landscapes, epic battle set-pieces and big explosions; things that are best watched on a big screen. Thankfully, there are equally many movies that rely on sharp scripts, brilliant comedy, and brooding drama, which can be just as easily enjoyed on a small Android screen as a giant cinema one. So download the Netflix app to your Android device now, and check out our list of the best Netflix movies you can enjoy on the small screen right now.
Best free movies apps for Android
New Android games
This dry, dark comedy from Martin McDonagh (Seven Psychopaths) stars Colin Farrell and Brendan Gleeson as a pair of hitmen who've been summoned to meet their boss in the quaint city of Bruges, Belgium, following a botched assassination job. Despite the crime-focused plot, there are no big shootouts or car chases here, just hilarious dialogue, a bit of romance, and someone gets hurt at some point. A sardonically funny movie for the small screen.
Colin Farrell and Brendan Gleeson look sullen in this darkly funny movie. / © ANDROIDPIT
If you're on a long commute or journey - particularly in a bumpy car - then it can be hard to focus on what you're watching on your Android device. That's why something nostalgic and light-hearted like Ferris Bueller's Day Off is perfect. This 80s comedy sees the titular Ferris Bueller act out every kid's fantasy of bunking off school for the day, and that day being the coolest, most magical day of his life. A great, colorful movie with a simple plot that can be enjoyed even if you're not fully focused.
This funny, colorful and nostalgic film can easily be enjoyed on a 5-inch Android screen. / © ANDROIDPIT
Another film that washes you over with atmosphere whether or not you're following the plot is Martin Scorsese's Taxi Driver. Except rather than joy and happiness, you'll be overcome with unease and dread as you watch a psychopathic Robert De Niro as Travis Bickle taxi around the slums of New York, snarling in disgust at the squalor around him. Looking for purpose, Bickle becomes obsessed with saving an under-aged prostitute (Jodie Foster) from her sleazy pimp. And who can forget that improvised rant in the mirror... "You talkin' to me?"
A mohican-cut De Niro is not who you want to bump into in a narrow corridor... / © ANDROIDPIT
If you're looking for something a little bit more upbeat than Taxi Driver, then strap in for the rollercoaster that is Wolf of Wall Street (also directed by Martin Scorsese). Starring Leonardo DiCaprio as the depraved and successful stock-broker Jordan Belfort, this biting comedy will make you both hate everyone on the screen while laughing along with their high-flying, hedonistic antics. It may not feel like it, but it's three hours long too, making it the perfect movie for a long-haul journey.
Leonardo DiCaprio living the hedonistic high-life in Wolf of Wall Street. / © ANDROIDPIT
If you'd rather broaden your understanding of the world in your downtime, then a documentary may be more for you. Among the best Netflix documentaries is Blackfish - a disturbing insight into captive killer whales at American sea-parks, and into the deaths of several trainers caused by them. The unsettling documentary questions the ethics and safety of keeping these giant sea-mammals captive.
Blackfish is a disturbing documentary with a powerful message. / © ANDROIDPIT
Have you discovered any great new Netflix movies that you enjoy watching on your Android device? Let us know what they are!
Chester Jun 16, 2015 Link to comment
Thanks for the article! Netflix app, Hulu and BBC is great on Android. If live outside USA, you can use tools like UnoTelly to get Netflix app, Hulu and BBC on your Android.
Deactivated Account Jun 1, 2015 Link to comment
Saving Private Ryan, Red 1 and 2, Lone Survivor


According to the latest update from Alexa (the world ranking of the popularity of websites), the CoinMarketCap site , which allows you to monitor the capitalization of the cryptocurrencies, has approached the top 100 most visited sites in the world, ahead of such favorite resources as Walmart and Alibaba.
Today, CoinMarketCap ranked 111 in the global ranking, rising from the last update to 238 positions. According to statistics, more than 30% of visitors to the site live in the US, which automatically makes CoinMarketCap one of the famous American resources. Most of the site's audience has higher education, including post-graduate studies - master's, post-graduate and doctoral studies. The most popular requests related to the site are [binance] and [ripple].
Recall, in early December, CoinMarketCap expelled Korean crypto-exchanges Bithumb, Coinone and Korbit by weighted average prices for leading crypto-currencies. The service team explained this by the too big price difference that these exchanges showed compared to other world sites, as well as a limited opportunity for arbitration.
At present, it seems that a measure excluding Korean crypto-exchanges is canceled since they no longer appear with an asterisk indicating that their prices are not taken into account in calculating the average rate of those cryptocurrencies that are traded on these exchanges. South Korean crypto-exchanges remain the leaders in the volume of purchases of such crypto-currencies as Ethereum, Bitcoin, and Ripple since the closure of crypto-exchanges in China in September last year.


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Molanna crassicornis is een fossiele soort schietmot uit de familie Molannidae.

Uitgestorven schietmotten
Molannidae

redpajama_set_name: RedPajamaWikipedia


text:
Games - News
PS3 Motion Controller outshines the Wiimote
After Microsoft announced Project Natal on Monday, it was hard to believe Sony could put up a fair fight in their own press conference. Then they unveiled their new Motion Controller on the same day Nintendo talked about the Wii MotionPlus, and thing...
News Jun 04
Final Fantasy XIV may come to the Xbox 360 as well
GamePro has just learned that Square Enix is still considering releasing Final Fantasy XIV Online on the Xbox 360 as well as the PC and PlayStation 3, contradicting what was announced at yesterday's Sony press conference, where the game was touted as...
Left 4 Dead 2 empowers AI director to change level layout
The E3 show floor is packed to the gills with gamers from around the world, many of whom are waiting for their chance to play Valve's Left 4 Dead 2, the rapid-fire sequel to a game that only came out last year.
Miyamoto reveals new Zelda title coming to Wii in 2010
While Nintendo announced some fun new titles for their systems at this years E3, something was missing in the form of a blonde haired, green tunic wearing hero. Yet, fans of Zelda can have something to look forward to, as Shigeru Miyamoto has reveale...
Rebirth of the Power Glove
Using a glove to play a game sounds like a great idea. Hey, it worked in The Wizard, right? Not quite. While console makers dabble with Webcams and new ways for you to interact with your games, this ...
Tetris celebrates 25th anniversary
Tetris, one of the most successful, and copied, games of all time, celebrates its 25th anniversary this week, according to the company that now controls the rights to the game.
Sony's 'worst kept secret,' PSP Go, officially announced
Jack Tretton, President and CEO of Sony, took the stage today at Sony's E3 press conference, and started off with some jokes, telling the audience that he believes Sony is the leader in many things, including leaked content. All the same, the PSP Go ...
Kojima reveals 'Metal Gear Solid: Peace Walker' for PSP
Another day, another Metal Gear as E3 is shaping up to become Hideo Kojima's playground. Yesterday, Kojima surprised the gaming community by announcing a new game, Metal Gear Solid: Rising, for the Xbox 360. That game ended speculation as to the curi...
Rockstar North's next game, Agent, entails 1970s espionage
It's new, it's hip, it's very secretive, and no, there's not a lot we can tell you. But we'll do what we can. For starters, there's the most obvious bit: The game is called Agent, and it's Rockstar North's next big title.
First videogame to utilize 3D stereoscopic technology announced
During a day full of new innovations, James Cameron took the stage at Ubisoft's media briefing and gave a lengthy speech about his upcoming sci-fi epic Avatar. Cameron seemed confident about the film and game adaptation, citing that most film to game...
Complete list of Guitar Hero 5 contributing artists released
Activision has decided to release a little bit of excitement to the Guitar Hero fans. Behold: the confirmed list of all the artists and bands that will find their songs in Guitar Hero 5, coming September 1 to the Xbox 360, the PS2, the PS3, and the W...
Halo: Reach revealed
Rumored, hinted at in empty achievement lists (thank you, Xbox360Achievements.org), and now made official: Halo: Reach is coming to the Xbox 360.
Microsoft announces future controller for Xbox 360
Microsoft calls it "Project Natal." It's a new piece of technology that uses depth-sensing cameras, microphones, and specialized software to enable voice and facial recognition, full body motion sensing, and the ability to play just about any game wi...
Alienware invades with new notebook
Ever since Dell bought a stake in Alienware, people have been wondering: What becomes of Dell's gaming-friendly XPS line? As of today, it goes away. Or at least it stops trying to cater to gaming enthusiasts. Henceforth, Dell-owned Alienware is the o...
News May 30
Sims 3 downloaded 180,000 times in 4 days
EA's The Sims 3 doesn't ship until early next week, but it's already outpaced Spore in illegal downloads, reports Bloomberg. According to file-share monitor BigChampagne LLC, The Sims 3 was downloaded at least 180,000 times in just four days, between...
Traditionally, choosing a laptop has been about compromise.
Telstra gear up for greater gaming offering in 2020
Lenovo signs on as hardware sponsor for Apex Legends esports
Warcraft 3: Reforged is launching sooner than you think
Wizards of the Coast are reviving the Dark Alliance franchise
Gearbox (?) announces the Playstation 5


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Home > Legal jobs in Lakewood, California
Legal jobs in Lakewood, California
Senior Director, Legal Counsel
Function as the general counsel of the business and functional units assigned, and coordinate all legal services required by those units as an integral member of the units' leadership team. Provide significant experience and knowledge of the California...
Ref ID: 00819560 Classification: Paralegal Compensation: DOE Robert Half Legal is partnering with a national business litigation law firm, seeking an experienced Litigation Paralegal for its La Jolla office. The Litigation Paralegals should be able to...
Legal Assistant, Benefits Program
POSITION SUMMARY:The Alliance is seeking a legal assistant to support its Benefits Program, which provides legal advocacy to help children in out-of-home care obtain the appropriate type and level of monetary benefits and supportive services. The legal...
Supervising Attorney- Right to Counsel (Stay Housed Los Angeles)
About the Position:Are you interested in joining an organization dedicated to increasing access to justice while addressing systemic inequities among the most vulnerable members of the Greater Los Angeles area? If yes, LAFLA is the place for you!The...
Attorney- Right to Counsel (Stay Housed Los Angeles)
Are you interested in joining an organization dedicated to increasing access to justice while addressing systemic inequities among the most vulnerable members of the Greater Los Angeles area? If yes, LAFLA is the place for you! The Organization: LAFLA is...
The Los Angeles Black Worker Center (LABWC) is a growing organization at the forefront of the racial justice and worker rights movements in LA since 2011. The LA BWC is recognized as a national leader in the effort to address the challenges of the Black...
Ref ID: 00575863 Classification: Legal Secretary Compensation: DOE A stable and established midsized law firm is seeking a legal assistant with 2+ years of civil litigation experience. The ideal legal assistant will have experience with court filings,...
Position Description This is an in-house position. Candidate must have skill sets in real estate leasing and have the flexibility to work in a fast-paced environment. There will also be periodic financing. Lastly, the in-house position also requires...
Staff Attorney for Deportation Defense Unit- Los Angeles
Job Title:Staff AttorneyClassification & FLSA Status: Full time | ExemptSalary: Depending on experienceDepartment: Legal Department | Deportation Defense UnitReports to: Supervising AttorneyLocation:Telecommute currently offered with transition to...
Litigation Associate *Hiring during COVID-19*
Ref ID: 00658804 Classification: Attorney/Lawyer Compensation: DOE Westside litigation firm seeks Litigation Attorney with 5+ years of litigation experience. The Litigation Attorney will work on an existing caseload that is rapidly expanding. The...
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© 2021 TopCaliforniaCareers


I know hardly anything about this band. Probably the most underrated band, ever. Currently, they have 5,800 listeners on Spotify. That really isn't much. Seven albums under their belt. Do not sleep on ANY of them.


Wayfair is looking for an experienced, entrepreneurial, and innovative professional to join our Supply Chain Integration Team. The Implementation team is responsible for establishing connections with our suppliers to assure automated data flows of Inventory, Orders, Financial and Shipping information between Wayfair and our partners.
Follow defined process flow for using software to automate different supply chain needs: Purchase Orders, Invoices, Shipping Information, Inventory, etc.