text:
PEOPLE OF THE PHILIPPINES AND ALYNN PLEZETTE DY, PETITIONERS, VS. COURT OF APPEALS, BILLY CERBO AND JONATHAN CERBO, RESPONDENTS.
PANGANIBAN, J.:
In our criminal justice system, the public prosecutor has the quasi-judicial discretion to determine whether or not a criminal case should be filed in court. Courts must respect the exercise of such discretion when the information filed against the accused is valid on its face, and no manifest error, grave abuse of discretion or prejudice can be imputed to the public prosecutor.
Before us is a Petition for Review under Rule 45, seeking to reverse the June 28, 1996 Decision and the August 27, 1996 Resolution if the Court of Appeals[1] in CA- GR SP No. 36018.[2] The assailed Decision dismissed the Petition for Certiorari filed by the petitioners, which sought to annul and set aside two Orders of the Regional Trial Court of Nabunturan, Davao: the June 28, 1994 Order dismissing the Information for murder filed against Private Respondent Billy Cerbo and the August 18, 1994 Order denying petitioners' motion for reconsideration.
The assailed August 27, 1996 Court of Appeals (CA) Resolution likewise denied petitioners' motion for reconsideration.
The case below arose from the fatal shooting of Petitioner Dy's mother, Rosalinda Dy, in which the primary suspect was Private Respondent Jonathan Cerbo, son of Private Respondent Billy Cerbo.
The procedural and factual antecedents of the case were summarized in the challenged Decision of the Court of Appeals as follows:
"On August 30, 1993, Rosalinda Dy, according to the petition, was shot at pointblank range by private respondent Jonathan Cerbo in the presence and at the office of his father, private respondent Billy Cerbo at Purok 9, Poblacion, Nabunturan, Davao.
"On September 2, 1993, eyewitness Elsa B. Gumban executed an affidavit positively identifying private respondent Jonathan Cerbo as the assailant. (Annex C, Rollo, p. 34).
"On September 20, 1993, private respondents Jonathan Cerbo executed a counter-affidavit interposing the defense that the shooting was accidental (Annex D: Rollo, pp. 35-36).
"On October 6, 1993, the 3rd Municipal Circuit Trial Court of Nabunturan-Mawab, Davao, after a preliminary investigation, found "sufficient ground to engender a well-founded belief" that the crime of murder has been committed by private respondent Jonathan Cerbo and resolved to forward the entire records of the case to the provincial prosecutor at Tagum, Davao (Annex E, Rollo, pp. 37-38).
"After [an] information for murder was filed against Jonathan Cerbo, petitioner Alynn Plezette Dy, daughter of the victim Rosalinda Dy, executed an affidavit-complaint charging private respondent Billy Cerbo of conspiracy in the killing (Annex F, Rollo, p. 39), supported by a supplemental affidavit of Elsa B. Gumban, alleging "in addition" to her previous statement that:
'3. In addition to my said sworn statement, I voluntarily and freely aver as follows:
'a) I vividly recall that while my mistress Rosalinda Go and I were in the office of Billy Cerbo at about 11:45 a.m. on August 30, 1993, Mr. Cerbo personally instructed me to fetch the food from the kitchen [and to bring it] to the office instead of the dining room.
'b) While bringing the food, Mr. Cerbo again instructed me to place the food [o]n a corner table and commanded me to sit behind the entrance door and at the same time Mr. Cerbo positioned Rosalinda [on] a chair facing the entrance door for an easy target.
'c) Immediately after Rosalinda was shot, Mr. Billy Cerbo called his son Jonathan who was running, but did not and ha[s] never bothered to bring Rosalinda to a hospital or even apply first aid.
'd) To my surprise, Mr. Billy Cerbo, instead of bringing Rosalinda to the hospital, brought her to the funeral parlor and immediately ordered her to be embalmed without even informing her children or any of her immediate relatives xxx.' Annex G, Rollo, p. 40.)
"Private respondent Billy Cerbo Submitted a counter-affidavit denying the allegations of both petitioner Alynn Plezette Dy and Elsa B. Gumban (Annex H, Rollo, pp. 41-42).
"On or about April 8, 1994, Prosecutor Protacio Lumangtad filed a "Motion for leave of court to reinvestigate the case" (Annex I. Rollo, pp43-44) which was granted by the respondent judge in an order dated April 28, 1994 (Annex J, Rollo, p. 45).
"In his resolution dated May 5, 1994, Prosecutor Lumangtad recommended the filing of an amended information including Billy Cerbo 'xxx as one of the accused in the murder case xxx' (Annex K: rollo, pp. 46-49).
"Accordingly, the prosecution filed an amended information including Billy Cerbo in the murder case. A warrant for his arrest was later issued on May 27, 1994 (Rollo, p. 27).
"Private respondent Billy Cerbo then filed a motion to quash warrant of arrest arguing that the same was issued without probable cause (Rollo, p. 27).
"On June 28, 1994, respondent Judge issued the first assailed order dismissing the case against Billy Cerbo and recalling the warrant for his arrest[;] the dispositive portion of [the order] reads:
'IN THE LIGHT OF ALL THE FOREGOING, [an] order is hereby issued DISMISSING the case as against Billy Cerbo only."
'Let, therefore, the warrant of arrest, dated may 27, 1994, be RECALLED.
'The prosecution is hereby ordered to withdraw its Amended Information and file a new one charging Jonathan Cerbo only.
'SO ORDERED.' (Rollo, pp. 29-30).
"Private Prosecutor Romeo Tagra filed a motion for reconsideration which was denied by the respondent judge in his second assailed order dated August 18, 1994 (Annex B, Rollo, pp. 31-33)."[3]
The Ruling of the Court of Appeals
In its 10-page Decision, the Court of Appeals debunked petitioners' assertion that the trial judge committed grave abuse of discretion in recalling the warrant of arrest and subsequently dismissing the case against Billy Cerbo, Citing jurisprudence,[4] the appellate court held as follows:
"The ruling is explicit. If upon the filing of the information in court, the trial judge, after reviewing the information and the documents attached thereto, finds that no probable cause exist must either call for the complainant and the witnesses or simply dismiss the case.
"Petitioners question the applicability of the doctrine laid down in the above[-]mentioned case, alleging that the facts therein are different from the instant case. We rule that the disparity of facts does not prevent the application of the principle.
"We have gone over the supplemental affidavit of Elsa B. Gumban and taking into account the additional facts and circumstance alleged therein, we cannot say that respondent judge gravely abused his discretion in dismissing the case as against private respondent Billy Cerbo for lack of probable cause
xxx xxx xxx
"The prosecution, if it really believed that Billy Cerbo is probably guilty by conspiracy, should have presented additional evidence sufficiently and credibly demonstrating the existence of probable cause.
xxx xxx xxx[5]
In sum, the Court of Appeals held that Judge Eugenio Valles did not commit grave abuse of discretion in recalling the warrant of arrest issued against Private Respondent Billy Cerbo and subsequently dismissing the Information for murder filed against the private respondent, because the evidence presented thus far did not substantiate such charge.
Hence, this petition.[6]
The Assigned Errors
Petitioner Dy avers:
"1) The Court of Appeals gravely erred in holding that the Regional Trial Court Judge had the authority to reverse [the public prosecutor's] finding of probable cause to prosecute accused xxx and thus dismiss the case filed by the latter on the basis of a motion to quash warrant of arrest.
"2) The Court of Appeals gravely erred in fully and unqualifiedly applying the case of Allado, et. al. vs. PACC, et. al. G.R. No. 113630, [to] the case at bench despite [the] clear difference in their respective factual backdrop[s] and the contrary earlier jurisprudence on the matter."[7]
On the other hand, the solicitor general posits this sole issue:
"Whether the Court of Appeals erred in finding that no probable cause exists to merit the filing of charges against private respondents Billy Cerbo."[8]
Essentially, the petitioners are questioning the propriety of the trial court's dismissal, for want of evidence, of the Information for murder against Private Respondent Billy Cerbo.
In resolving this petition, the discussion of the Court will revolve two points: first, the determination of probable cause as an executive and judicial function and, second, the applicability of Allado and Salonga to the case at bar.
The Court's Ruling
The petition is meritorious. The trial court erred in dismissing the Information filed against the private respondent. Consequently, the Court of Appeals was likewise in error when it upheld such ruling.
Executive Determination
of Probable Cause
The determination of probable cause during a preliminary investigation is a function that belongs to the public prosecutor. It is an executive function,[9] the correctness of the exercise of which is a matter that the trial court itself does not and may not be compelled to pass upon. The Separate (Concurring) Opinion of former Chief Justice Andres R. Narvasa in Roberts v. Court of Appeals[10] succinctly elucidates such point in this wise:
"In this special civil action, this Court is being asked to assume the function of a public prosecutor. It is being asked to determine whether probable cause exists as regards petitioners. More concretely, the Court is being asked to examine and assess such evidence as has thus far been submitted by the parties and, on the basis thereof, make a conclusion as to whether or not it suffices 'to engender a well founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial.
"It is a function that this Court should not be called upon to perform. It is a function that properly pertains to the public prosecutor, one that, as far as crimes cognizable by a Regional Trial Court are concerned, and notwithstanding that it involves an adjudicative process of a sort, exclusively pertains, by law, to said executive officer, the public prosecutor. It is moreover a function that in the established scheme of things, is supposed to be performed at the very genesis of, indeed, prefatorily to, the formal commencement of a criminal action. The proceedings before a public prosecutor, it may well be stressed, are essentially preliminary, prefatory and cannot lead to a final, definite and authoritative adjudgment of the guilt or innocence of the persons charged with a felony or crime.
"Whether or not that function has been correctly discharged by the public prosecutor – i. e., whether or not he has made a correct ascertainment of the existence of probable cause in a case, is a matter that the trial court itself does not and may not be compelled to pass upon. It is not for instance permitted for an accused, upon the filing of the information against him by the public prosecutor, to preempt trial by filing a motion with the Trial Court praying for the quashal or dismissal of the indictment on the ground that the evidence upon which the same is based is inadequate. Nor is it permitted, on the antipodal theory that the evidence is in truth inadequate, for the complaining party to present a petition before the Court praying that the public prosecutor be compelled to file the corresponding information against the accused.
Indeed, the public prosecutor has broad discretion to determine whether probable cause exist and to charge those whom be or she believes to have committed the crime as defined by law. Otherwise stated, such official has the quasi-judicial authority to determine whether or not a criminal case must be filed in court.[11] Thus, in Crespo v. Mogul,[12] we ruled:
"It is a cardinal principle that all criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. The institution of a criminal action depends upon the sound discretion of the fiscal. He may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence , in his opinion, is sufficient or not to establish the guilt of the accused beyond reasonable doubt. The reason for placing the criminal prosecution under the direction and control of the fiscal is to prevent malicious or unfounded prosecutions by private persons. xxx Prosecuting officers under the power vested in them by law, not only have the authority but also the duty of prosecuting persons who, according to the evidence received from the complainant, are shown to be guilty of a crime committed within the jurisdiction of their office. They have equally the duty not to prosecute when the evidence adduced is not sufficient to establish a prima facie case."
This broad prosecutorial power is however not unfettered, because just as public prosecutors are obliged to bring forth before the law those who have transgressed it, they are also constrained to be circumspect in filing criminal charges against the innocent. Thus, for crimes cognizable by regional trial courts preliminary investigations are usually conducted. In Ledesma v. Court of Appeals,[13] we discussed the purposes and nature of a preliminary investigation in this manner:
"The primary objective of a preliminary investigation is to free respondent from the inconvenience, expense, ignominy and stress of defending himself/herself in the course of a formal trial, until the reasonable probability of his or her guilt in a more or less summary proceeding by a competent office designated by law for that purpose. Secondarily, such summary proceeding also protects the state from the burden of the unnecessary expense an effort in prosecuting alleged offenses and in holding trials arising from false, frivolous or groundless charges.
"Such investigation is not part of the trial. A full and exhaustive presentation of the parties' evidence is not required, but only such as may engender a well-grounded belief than an offense has been committed and that the accused is probably guilty thereof. By reason of the abbreviated nature of preliminary investigations, a dismissal of the charges as a result thereof is not equivalent to a judicial pronouncement of acquittal. Hence, no double jeopardy attaches."
Judicial Determination of
Probable Cause
The determination of probable cause to hold a person for trial must be distinguished from the determination of probable cause to issue a warrant of arrest, which is judicial function. The judicial determination of probable cause in the issuance of arrest warrants has been emphasized in numerous cases. In Ho v. People,[14] the Court summarized the pertinent rulings on the subject, as follows:
"The above rulings in Soliven, Inting and Lim, Sr. were iterated in Allado v. Diokno, where we explained again what probable cause means. Probable cause for the issuance of a warrant of arrest is the existence of such facts and circumstances that would lead a reasonably discreet and prudent person to believe that an offense has been committed by the person sought to be arrested. Hence, the judge, before issuing a warrant of arrest, "must satisfy himself that based on the evidence submitted, there is sufficient proof that a crime has been committed and that the person to be arrested is probably guilty thereof." At this stage of the criminal proceeding, the judge is not yet tasked to review in detail the evidence submitted during the preliminary investigation. It is sufficient that he personally evaluates such evidence in determining probable cause. In Webb v. De Leon, we stressed that the judge merely determines the probability, not the certainty, of guilt of the accused and, in doing so, he need not conduct a de novo hearing. He simply personally reviews the prosecutor's initial determination finding probable cause to see if it is supported by substantial evidence.
"In light of the aforecited decisions of this Court, such justification cannot be upheld. Lest we be too repetitive, we only emphasize three vital matters once more: First, as held in Inting, the determination of probable cause by the prosecutor is for the purpose different from that which is to be made by the judge. Whether there is reasonable ground to believe that the accused is guilty of the offense charged and should be held for trial is what the prosecutor passes upon. The judge, on the other hand, determines whether a warrant of arrest should be issued against the accused, i.e., whether there is a necessity for placing him under immediate custody in order not to frustrate the ends of justice. Thus, even if both should base their findings on one and the same proceedings or evidence, there should be no confusion as to their distinct objectives.
"Second, since their objectives are different, the judge cannot rely solely on the report of the prosecutor in finding probable cause to justify the issuance of a warrant of arrest. Obviously and understandably, the contents of the prosecutor's report will support his own conclusion that there is reason to charge the accused of an offense and hold him for trial. However, the judge must decide independently. Hence, he must have supporting evidence, other than the prosecutor's bare report upon which to legally sustain his own findings on the existence or non-existence of probable cause to issue an arrest order. This responsibility of determining personally and independently the existence of non-existence of probable cause is lodge in him by no less than the most basic law of the land. Parenthetically, the prosecutor could ease the burden of the judge and speed up the litigation process by forwarding to the latter not only the information and his bare resolution, but also so much of the records and the evidence on hand as to enable His Honor to make his personal and separate judicial finding on whether to issue a warrant of arrest.
"Lastly, it is not required that the complete or entire records of the case during the preliminary investigation be submitted to and examined by the judge. We do not intend to unduly burden trial courts by obliging them to examine the complete records of every case all the time simply for the purpose of ordering the arrest of the accused. What is required, rather, is that the judge must have sufficient supporting documents (such as the complaint, affidavits, counter-affidavits, sworn statements of witnesses or transcript of stenographic notes, if any) upon which to make his independent judgment, or at the very least, upon which to verify the findings of the prosecutor as to the existence of probable cause. The point is: he cannot rely solely and entirely on the prosecutor's recommendation, as the Respondent Court did in this case. Although the prosecutor enjoys the legal presumption of regularity in the performance of his duties and functions which in turn gives his report the presumption of accuracy, the Constitution, we repeat, commands the judge to personally determine probable cause in the issuance of warrants of arrest. This Court has consistently held that a judge fails in his bounden duty if he relies merely on the certification or the report of the investigating officer.
Verily, a judge cannot be compelled to issue a warrant of arrest if he or she deems that there is no probable cause for doing so. Corollary to this principle, the judge should not override the public prosecutor's determination of probable cause to hold an accused for trial, on the ground that the evidence presented to substantiate the issuance of an arrest warrant insufficient, as in the present case.
Indeed, it would be unfair to expect the prosecution to present all the evidence needed to secure the conviction of the accused upon the filing of the information against the latter. The reason is found in the nature and the objective of a preliminary investigation. Here, the public prosecutors do not decide whether there is evidence beyond reasonable doubt of the guilt of the person charged; they merely determine "whether there is sufficient ground to engender a well-founded belief that a crime x x x has been committed and that the respondent is probably guilty thereof, and should be held for trial."[15] Evidentiary matters must be presented and heard during the trial.[16] Therefore, if the information is valid on its face, and there is no showing of manifest error, grave abuse of discretion and prejudice on the part of public prosecutor, the trial court should respect such determination.
Inapplicability of Allado
and Salonga
The Court of Appeals anchored its ruling on the pronouncement made in Allado v. Diokno: "xxx [I]f, upon the filing of the information in court, the trial judge, after reviewing the information and the documents attached thereto, must either call for the complainant and the witnesses themselves or simply dismiss the case. there is no reason to hold the accused for trial and further expose him to an open and public accusation of the crime when no probable cause exists."[17]
In Allado, Petitioners Diosdado Jose Allado and Roberto L. Mendoza, practicing lawyers, were accused by the Presidential Anti-Crime Commission (PACC) of kidnapping with murder and ordered by Judge Roberto C. Diokno to be arrested without bail. The petitioners questioned the issuance of the warrants for their arrest, contending that the respondents judge acted with grave abuse of discretion and in excess of his jurisdiction in holding that there was probable cause against them. They contended that the trial court relied merely on the resolution of the investigating panel and its certification that probable cause existed, without personally determining the admissibility and sufficiency of the evidence for such finding and without stating the basis thereof. they maintained that the records of the preliminary investigation, which was the sole basis of the judge's ruling, failed to establish probable cause against them that would justify the issuance of the warrants for their arrest.
The Court declared that Judge Diokno had indeed committed grave abuse of discretion in issuing the arrest warrants. Contrary to the constitutional mandate and establish jurisprudence, he merely relied on the certification of the prosecutors as to the existence of probable cause, instead of personally examining the evidence, the complainant and his witnesses. "For otherwise," the Court said, "he would have found out that the evidence thus far presented was utterly insufficient to warrant the arrest of the petitioners."[18]
In categorically stating that the evidence so far presented did not meet the standard of probable cause and subsequently granting the petition, the Court noted the following circumstances: first, the corpus delicti was not established, and there was serious doubt as to the alleged victim's death; second, the extrajudicial statement of the principal witness, who had priorly confessed his participation in the crime, was full of material inconsistencies; and third, the PACC operatives who investigated the case never implicated the petitioners.
Citing Salonga v. Cruz-Paño, the Court of Appeals pointed out that when there was no prima facie case against a person sought to be charged with a crime," the judge or fiscal, therefore, should not go on with the prosecution in the hope that some credible evidence might later turn out during trial, for this would be a flagrant violation of a basic right which the courts are created to uphold."[19]
In the aforecited case, Petitioner Jovito R. Salonga sought to bar the filing of an Information for violation of the Revised Anti-Subversion Act, which Judge Ernani Cruz-Pano had ordered to be filed against him. In sustaining the petitioner, the Court held that the evidence upon which the Information was based was not sufficient to charge him for a violation of the Revised Anti-Subversion Act.
In all, the Court decreed in both cases that there was no basis in law and in fact for the judicial and executive determination of probable cause. The Court also held that the government, while vested with the right and the duty to protect itself and its people against transgressors of the law, must perform the same in a manner that would not infringe the perceived violators' rights as guaranteed by the constitution.
However, the present case is not at all fours with Allado and Salonga. First, Elsa Gumban, the principal eyewitness to the killing of Rosalinda Dy, was not a participant or conspirator in the commission of said crime. In Allado and Salonga, however, the main witness were the confessed perpetrators of the crimes, whose testimonies the Court deemed 'tainted'.[20] Second, in the case at bar the private respondent was accorded due process, and no precipitate haste or bias during the investigation of the case can be imputed to the public prosecutor. On the other hand, the Court noted in Allado the "undue haste in the filing of the Information and the inordinate interest of the government" in pursuing the case;[21] and in Salonga, "xxx the failure of the prosecution to show that the petitioner was probably guilty of conspiring to commit the crime, the initial disregard of petitioner's constitutional rights [and] the massive and damaging publicity made against him."[22] In other words, while the respective sets of evidence before the prosecutors in Allado and Salonga were "utterly insufficient" to support a finding of probable cause, the same cannot be said of the present case.
We stress that Allado and Salonga constitute exceptions to the general rule and may be invoke only if similar circumstances are clearly shown to exist. But as the foregoing comparisons show, such similarities are absent in the instant case. Hence, the rulings in the two aforementioned cases cannot apply to it.
Motion Without Requisite Notice
One more thing. Petitioners aver that Private Respondents Cerbo did not give them a copy of the motion to Quash the Warrant of Arrest, which had been issued against him, or a notice of the schedule hearing. Thus, they contend, Judge Valles should not have entertained such motion.
It is settled that every written motion in a trial court must be set for hearing by the applicant and served with the notice of hearing thereof, in such a manner as to ensure its receipt by the other party. The provisions on this matter in Sections 4 and 5, Rule 15 of the Rules of Court,[23] are categorical and mandatory in character.[24] Under Section 6 of the said rule, no motion shall be acted upon by the court without proof of service thereof. The rationale for this is simple: unless the movants set the time and the place of hearing, the court will be unable to determine whether the adverse parties agree or object to the motions, since the rules themselves do not fix any period within which they may file their replies or oppositions.[25]
The motion to quash the warrant of arrest in the present case being pro forma, inasmusch as the requisite copy and notice were not duly served upon the adverse party, the trial court had no authority to act on it.
In granting this petition, we are not prejudging the criminal case or guilt or innocence of Private Respondent Billy Cerbo. We are simply saying that, as a general rule, if the information is valid on its face and there is no showing of manifest error, grave abuse of discretion or prejudice on the part of the public prosecutor, courts should not dismiss it for 'want of evidence,' because evidentiary matters should be presented and heard during the trial. The functions and duties of both the trial court and the public prosecutor in "the proper scheme of things" in our criminal justice system should be clearly understood.
The rights of the people from what could sometimes be an "oppressive exercise of government prosecutorial powers do need to be protected when circumstance so require. But just as we recognize this need, we also acknowledge that the State must likewise be accorded due process. Thus, when there is no showing of nefarious irregularity or manifest error in the performance of a public prosecutor's duties, courts ought to refrain from interfering with such lawfully and judicially mandated duties.
In any case, if there was palpable error or grave abuse of discretion in the public prosecutor's finding of probable cause, the accused can appeal such finding to the justice secretary[26] and move for the deferment or suspension of the proceedings until such appeal is resolved.
WHEREFORE, the petition is GRANTED. The assailed Decision of the Court of Appeals is hereby REVERSED and SET ASIDE. The case is REMANDED to the Regional Trial Court of Nabunturan, Davao, which is ordered to reinstate the amended Information against Private Respondent Billy Cerbo and to proceed with judicious speed in hearing the case. No costs.
Romero (Chairman), Vitug, Purisima, and Gonzaga-Reyes, JJ., concur.
[1] Seventh Division composed of Justices Eduardo G. Montenegro, ponente; concurred in by Emeterio C. Cui, chairman of the Division, and Jose C. dela Rama.
[2] Entitled "People of the Philippines and Alynn Plezette Dy v. Hon. Eugenio Valles, Judge, RTC Branch 3, Nabunturan, Davao, Jonathan Cerbo and Billy Cerbo."
[3] CA Decision, pp. 1-5; rollo, pp. 27-31.
[4] Allado v. Diokno, 232 SCRA 192, May 5, 1994; and Salonga v Cruz Paño, 134 SCRA 438, February 18, 1985.
[6] The case was deemed submitted for decision on August 25, 1998, upon receipt by this Court of private respondents' Memorandum.
[7] Petition, p. 7; rollo, p. 15.
[8] Comment of the Office of the Solicitor General, p. 4; rollo, p. 80.
[9] Ledesma v Court of Appeals, 278 SCRA 657, September 5, 1997.
[10] 254 SCRA 307, 349, March 5, 1996. Italics supplied.
[11] Paderanga v. Drilon, G.R No. 96080, April 19, 1991.
[12] 151 SCRA 462, June 30, 1987, per Gancayco, J.
[13] Ledesma, supra per Panganiban, J., at pp. 673-674.
[14] 280 SCRA 365, October 9, 1997. Per Panganiban J. Italics supplied.
[15] Section 1, Rule 112, Rules of Court.
[16] See Pilapil v Sandiganbayan, 221 SCRA 349, April 7, 1993 (per Nocon, J.), which held that:
"We agree with respondent court that the presence or absence of the elements of the crime are evidentiary in nature and are matters of defense, the truth of which can best be passed upon after a full-blown trial on the merits.
"Probable cause has been defined in the leading case of Buchanan v. Vda. De Esteban, as the existence of such facts and circumstances as would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.
"Probable cause is a reasonable ground of presumption that a matter is, or may be well-founded, such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so. The term does nor mean "actual and positive cause" nor does it import absolute certainty. It is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry as to whether there is sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of the evidence of the prosecution in support of the charge." Italics supplied. Citations omitted.
[17] CA Decision, pp. 6-7; rollo, pp. 52-53.
[18] Allado, at p. 205.
[19] See CA Decision, p. 8; rollo, p. 34.
[20] In Allado, the petitioners were identified as the masterminds in the alleged kidnapping and murder of one Eugene Alexander Van Twest, a German national. They were charged primarily on the basis of the Sworn Statement of one Escolastico Umbal, who had confessed his participation in the crime.
In Salonga, Victor Burns Lovely, Jr., a Philippine-born American citizen allegedly confessed, after his apprehension for a bombing incident his participation therein and implicated former Senator Jovito Salonga in the series of bombings that had plagued Metro Manila in 1980. However, after returning to the United States, Lovely denied any participation in the bombing.
[22] Salonga, at p. 448.
[23] "Section 4. Hearing of motion. Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion shall be for hearing by the applicant.
"Every written motion required to be heard [as well as] the notice of hearing shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good reason the hearing on shorter notice.
"Section 5. Notice of hearing. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion."
[24] Tan v. Court of Appeals and Bloomberry Export Manufacturing, Inc., GR no. 130314, September 22, 1998.
[25] See People v. Court of Appeals et. al., GR No. 125164, September 25, 1998.
[26] See Republic Act 5180, as amended, as well as Section 4 of Department of Justice Circular No. 223, dated June 30, 1993, which reads as follows:
"Section 4. Non-appealable cases; Exceptions. No appeal may be taken from a Resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor finding probable cause except upon showing of manifest error or grave abuse of discretion. Notwithstanding the showing of manifest error or grave abuse of discretion, no appeal shall be entertained where the appellant had already been arraigned. If the appellant is arraigned during the pendency of the appeal, said appeal shall be dismissed motu propio by the Secretary of Justice.
"An appeal/motion for reinvestigation from a resolution finding probable cause, however, shall not hold the filing of the information in court." (Italics supplied.)
On October 17, 1995, DOJ Order 233 was amended, but the scope of appealable cases remained unchanged. See also Marcelo v. Court of Appeals, 235 SCRA 39, August 4, 1994.


The important folder is the Warehouse, it contains the files which are necessary for the Sophos Antivirus updates.
Sophos Enterprise Console will install a newer version of this component.
Create 2 users for Sophos Enterprise Console.
Sophos_prod is for the database access.
Sophos_upd is for the endpoint access.
Both users have to be in the local group users.
You can choose the password by yourself.
Both user have to be created local or if possible as domain accounts with "password never expires" and "User cannot change password", like in these screenshots.


Editor's Note: As we are building our SkiftEDU service for marketers and SMBs in travel, we recently launched a new initiative: our new weekly series on digital marketing tips and tricks, SkiftEDU How-Tos. These How-Tos are a series of free in-depth weekly articles around various topics in digital marketing, such as this one below.
It's no secret to anybody: Instagram is one of the most important social media platforms that you need to add to your overall marketing strategy. Did you know that 48% of Instagram users rely on Instagram to discover and choose their next travel destination? What's more: 97% of Millennials use different social media networks when they travel. In fact, 75% of them publish content at least once a day while they are on vacation. With over 300 million active users per day and 95 million pictures and videos posted on a daily basis, it's getting very difficult to ignore Instagram.
Instagram is a storytelling platform that lets travelers discover and find inspiration for their next destination. If you haven't yet jumped on the Instagram bandwagon, you should undoubtedly start today!
To convert your profile, you must have a business Facebook page, which will be linked to your business profile on Instagram. You can then add an email, telephone number and address so that your followers can contact you.
On Instagram, it is important to focus on publishing high-quality content and storytelling. Because it is a platform that features visual content, users expect to find inspiring images that gets them dreaming about their next trip. Promote your brand through images that will transport your followers to a world that they don't have access to. Give them an opportunity to visit far away and popular destinations. Provide one-of-a-kind experiences with their mobile phones. After all, you never sell travel as a product—but as a life experience. Instagram is the way to share unforgettable memories of lifetime!
Consumers use Instagram because they are looking for authenticity and want to learn more about the experiences of other users. They look for beautiful and awe-inspiring things — but they must be real. With Instagram, you have to pay attention to detail and tell a story that will captivate your followers. Avoid stock images and pictures that look like ads. Instead, use pictures you took "in the field" and in natural environments. You should even consider rearranging certain areas of your business location so that Instagram users can take pictures.
For example, revamp the lobby of your hotel so that it becomes more insta-friendly!
In addition to creating authentic content that is adapted to your target clientele, you should also vary the types of posts on your business profile. Analyze the performance of each to find out what is most popular with your followers. Post on a regular basis: at least 3 times a week and ideally once a day—if you have quality content. As is the case with any social media network, regularly posting content will ensure that your followers don't lose interest.
Make corporate announcements or highlight your products and services.
Share an ad or promotional campaign.
Promote activities in your region.
Work with high-profile Instagram users to increase the scope of your business profile.
Organize exclusive contests and promotions. These can also be carried out with a partnership with influential Instagram users.
Share content created by other users (user generated content).
Use popular hashtags to increase engagement.
One feature that is extremely powerful—but sometimes ignored by Instagram users—is the ability to add a location to each of your posts. This means that all pictures that have been geo-targeted for the same location by other users will be displayed when you click on the location of a post. It is therefore important to ensure that your business has a location. If not, create it on Facebook (of course, Instagram uses Facebook's database). This is a great way to promote your city or region and enable users to discover all Instagram pictures taken at your business.
There are over 353 million hashtags related to travel that are used on Instagram. Pay attention to the most popular hashtags in order to identify current conversations and the latest trends. When possible, add them to your Instagram posts.
Here are some popular travel hashtags that you may have already seen on Instagram. See if you can be inspired or use them in an upcoming post: #instago, #instatravel, #mountainmonday, #mytravelgram, #thegoodlife, #tourism, #tourist, #travel, #traveladdict, #travelblog, #travelblogger, #traveldiaries, #traveler, #travelgram, #traveling, #travelingphotography, #travellife, #travelpics, #traveltheworld, #traveltips, #traveltuesday, #travelwrite, #travelpics, #trip, #wanderlust, #waterfallwednesday, #wheretonext, #worldcaptures.
You can add up to 30 hashtags in your post's description or comments. However, you don't need to put that many. You can use the ones that are most popular in your region or create your own hashtag to incite visitors and clients to promote your business. By doing so, it will be easier to find pictures created by users or group several pictures of a contest or promotional campaign. Don't forget to promote your hashtag in your other communications tools. You can even physically display it in your offices.
Instagram is a platform that encourages conversations: comments and identifying users are encouraged. Instagram is therefore not a promotional social media platform with a one-way conversation. If you want to succeed on Instagram, you must create interactive content and engage with your followers so that they feel a sense of proximity with your business. Follow other business profiles, such as your business partners or influential Instagrammers in your region, to create a wider community.
You must set aside time to engage with your community. Ask questions in your posts. Mention other profiles in your comments or posts. Like pictures and posts from your clients and partners. Follow new users. Answer followers' comments and private messages. Share content that has used your hashtag. The possibilities are endless! On Instagram, don't wait for people to come to you. Go to users and start a conversation!
With all of its magnificent images and amazing stories, Instagram is a social media platform that lets users daydream. The key takeaway? Create unique experiences with each user and develop close ties with your followers. If you can bring users to another time and another place—within fraction of a second—you'll greatly succeed on Instagram!


Search for all "Granzyme B (GZMB)"
Mouse anti Human Granzyme B (GZMB) OTIE6.
Human recombinant protein fragment corresponding to amino acids 21-247 of human GZMB(NP_004122) produced in E.coli.
Cytolytic T lymphocytes (CTL) and tural killer (NK) cells share the remarkable ability to recognize, bind, and lyse specific target cells. They are thought to protect their host by lysing cells bearing on their surface 'nonself' antigens, usually peptides or proteins resulting from infection by intracellular pathogens. The protein encoded by this gene is crucial for the rapid induction of target cell apoptosis by CTL in cell-mediated immune response. [provided by RefSeq, Jul 2008].


(TORONTO) – Precision engineering. Exquisite craftsmanship. And legendary attention to quality, detail, and satisfaction all at a starting MSRP of $83,050. These qualities are found in every Lexus luxury vehicle – but achieve their ultimate expression in the LS 460 flagship luxury sedan.
The LS 460 AWD may be ordered with an available Sportech Package, featuring upgraded steering and suspension systems, additional airbags, power adjustable rear seats, dynamic radar cruise control, and more, plus a unique grille and full skirt package.
The LS 460 L AWD now includes, as standard, power adjustable rear seats, premium leather seat surfaces, escaine headliner, additional airbags, wood and leather console box, advanced pre-collision system, lane keeping assist and more.
The 2012 Lexus LS 460 delivers exhilarating power from its highly advanced 4.6L V8. Carefully built and individually tuned by expert craftsmen, this 32 valve dual overhead cam powerhouse features Variable Valve Timing with intelligence. The exhaust cam is hydraulically operated while the intake cam is electrically-driven, adjusting valve timing for optimum performance, fuel efficiency and reduced emissions.
In the rear-wheel-drive LS 460 RWD, this engine generates a peak 380 horsepower and up to 367 lb-ft of torque, while in the all-wheel-drive LS 460 AWD and LS 460 L AWD models it delivers peak performance of 357 HP and 344 lb-ft of torque. Additional engine systems contribute to performance and efficiency – including the Acoustic Control Induction System, Electronic Throttle Control System with intelligence, Direct Injection System with Dual Knock Sensors, and Two-way Direct Cylinder and Port Injection System – and all models enjoy a Tier 2 Bin 5 emissions rating.
All models feature an eight-speed automatic super electronically controlled transmissions with overdrive, sequential multi-mode shifter and transmission cooler to deliver quick, smooth acceleration and optimum performance. This combination also delivers remarkable fuel efficiency for a flagship sedan: 10.8 L / 100 KM city/highway combined in the rear-wheel-drive edition, and 11.3 L / 100 KM in all-wheel-drive models.
Every LS 460 is standard equipped with a stainless steel exhaust system and dual integrated chrome tailpipe diffusers.
The LS 460 features highly responsive and efficient rack and pinion electric power steering, plus available Variable Gear Ratio Steering, which delivers exceptional response and handling at all speeds.
Handling and control is optimized with the state of the art Lexus Vehicle Dynamics Integrated Management (VDIM) system. VDIM uses information from computer-linked sensors to detect a skid or slide and takes corrective action through subtle adjustments to steering, braking and throttle. In this way, the LS 460 anticipates and helps correct for potential instability.
The LS 460's carefully engineered suspension help maintain vehicle stability during acceleration and manoeuvring, even as it provides a smooth, comfortable in-cabin experience. At the front, an independent multi-link suspension system features coil springs and stabilizer bar. The front suspension has been designed with anti-dive and anti-squat geometry. Meanwhile, the rear suspension – also an independent, multi-link design – is equipped with gas shocks, coil springs and a stabilizer bar. Both suspensions are built around special anti-vibration subframes.
LS 460 guests may opt for options packages that enhance the vehicle's suspension systems, including air suspensions and a sport tuned suspension. In addition, computer-controlled front and rear Adaptive Variable Suspensions are available on some packages, letting drivers select from a range of suspension characteristics to suit road surfaces and driving desires.
The LS 460 is standard-equipped with P235/50R18 all season tires, including a full-size spare.
In addition to equipment already mentioned, the LS 460 RWD features: heated rear seats; a power-assisted trunk closer and high intensity discharge (HID) headlamps.
The LS 460 RWD may be ordered with an available Sport Package, which adds: Paddle shifters; Variable Gear Ratio Steering; Front and rear air suspension; Front and rear Adaptive Variable Suspension; Sport tuned suspension; 19" aluminum alloy wheels with locks and P245/45R19 performance summer radials with a full-size spare tire; high-performance Brembo brake callipers, rotors and brake pads; the Lexus Pre-Collision System; Front sport seats with leather seat surfaces; Dynamic radar cruise control; power assist doors and an automatic, powered opening/closing trunk; a rear lip spoiler and front chin spoiler; a unique front sport grille; and the Lexus Automatic High Beam feature.
The Technology Package adds: Variable Gear Ratio Steering; Front and rear air suspension; Front and rear Adaptive Variable Suspension; the Lexus Pre-Collision System; dynamic radar cruise control; rear seat side airbags; heated and air conditioned, power adjustable reclining rear seats; the Lexus Rear Seat Memory System with one memory setting; a rear seat massage system; power assist doors and an automatic, powered opening/closing trunk; and the Lexus Automatic High Beam feature.
The Sportech Package adds all items in the Technology Package plus a unique sport grille and a full skirt package.
The long-wheelbase LS 460 L AWD features more than 30 mm of additional legroom in the rear seat, the confidence of all-wheel-drive, and many additional standard features, including: heated and air conditioned, power adjustable reclining rear seats with climate controls; rear seat side airbags; an escaine head lining; sunshades on the rear door glass; power assist doors and an automatic, powered opening/closing trunk; dynamic radar cruise control; a wood and leather console box; the Lexus Advanced Pre-Collision System; Lane Keeping Assist System; Obstacle Detection System; Driver Monitoring System; and Bi-Xenon HID headlamps.
The LS 460 L AWD may be ordered with the Executive Package, which adds: Variable Gear Ratio Steering; Front and rear air suspension; Front and rear Adaptive Variable Suspension; an infrared body temperature sensor to control rear seat climate settings; a rear seat DVD entertainment system with 9" LCD display, two sets of wireless headphones and an audio and DVD remote control; a right rear seat Ottoman with integrated seat cushion airbag and Shiatsu massage system; a 110v accessory power outlet; and leather covered lower instrument panel and door armrest.
Guests may also personalize their 2012 Lexus LS 460 from a range of Lexus parts and accessories. Consult the Lexus web site for the most up to date list of options by model.
The 2012 Lexus LS 460 is now on sale at Canadian Lexus Dealers. The manufacturer's suggested retail price starts at $83,050 for the rear-wheel-drive model, $85,400 for the all-wheel-drive model and $101,050 for the long-wheelbase all-wheel-drive model.


text:
"Suspension" by Liv Monique Johnson
Presented by Elisabet Ney Museum at Elisabet Ney Museum, Austin TX
Art exhibition and opening at the Elisabet Ney Museum.
Exhibition On View: January 14 ‐ February 27, 2022 Opening Reception: Friday, January 21, 2022 6:30 to 8:30 pm Workshop: Saturday, January 22, 2022 1:00 to 4:00 pm Join us for the opening of this ...
Jan, 21, 2022 at 06:30 pm - 08:30 pm (Fri)
Presented by Austin Creative Alliance at Sweetwater Coffee and Tea Texas Capitol, Austin TX
LVnTheLife's "LView" Season 4 is going live on Instagram and TikTok @lvnthelife and at Sweetwater...
El Ten Eleven at The Parish 1/22
Presented by Heard Presents at The Parish 214 E 6th St, Austin TX
Spune Presents El Ten Eleven at The Parish 1/22 Jan 22, 2022, 8:00pm to 11:59pm
Presented by Big Laugh Comedy at Vulcan Gas Company, Austin TX
There's nothing like coming to a comedy show and seeing one monster of a comedian step on stage...
Celil and Amanda Kaya, duo guitarists
Presented by Round Top Festival Institute at Festival Concert Hall, Round Top TX
Celil Refik Kaya appears as a soloist and international artist touring around the United States...
Presented by The Globe Drive-In at The Globe Drive-In Theater, Pflugerville TX
In the fairy-tale land of Andalasia, pretty young Giselle frolics with her woodland pals, and falls...
After witnessing a Mafia murder, slick saxophone player Joe (Tony Curtis) and his long-suffering...
The Office: Love and Paper at the Drive-In
Fact: Life with COVID around is a mess. But life at Dunder Mifflin couldn't be sweeter. Come join...

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: `IO::Socket::INET: connect: Connection refused` when connecting to JDBC database I am new to Perl and there is a script for database connection
sub db_connect {
    my ($database, $user, $password) = @_;

    my $driver = "JDBC";
    my $port = 14000;

    my $dsn = "dbi:JDBC:hostname=localhost:14000; url=jdbc:hsqldb:hsql://localhost:1111/$database;jdbc_character_set=ASCII";

    my $db_handler = DBI->connect($dsn, $user, $password ) or die $DBI::errstr;

    print "DB connected\n";
    return $db_handler;
}

and following is the error:-
process name:- com.vizdom.dbd.jdbc.ServerDBI connect('hostname=localhost:14000;url=jdbc:hsqldb:hsql://localhost:1111/EciToolDB;jdbc_character_set=ASCII','SA',...) failed: Failed to open socket to server: IO::Socket::INET: connect: Connection refused at ../lib/utils.pl line 66
Failed to open socket to server: IO::Socket::INET: connect: Connection refused at ../lib/utils.pl line 66.

A: According to the DBD::JDBC docs, you need to have the java server process running in order to make the above connection.  It looks like that process isn't responding on the port you are trying to connect to.
java -Djdbc.drivers=foo.bar.Driver -Ddbd.port=14000 com.vizdom.dbd.jdbc.Server

redpajama_set_name: RedPajamaStackExchange


text:
Gonatocerus huxleyi is een vliesvleugelig insect uit de familie Mymaridae. De wetenschappelijke naam is voor het eerst geldig gepubliceerd in 1912 door Girault.

Mymaridae

redpajama_set_name: RedPajamaWikipedia


text:
Prasinocyma prouti är en fjärilsart som beskrevs av Debauche 1941. Prasinocyma prouti ingår i släktet Prasinocyma och familjen mätare. Inga underarter finns listade i Catalogue of Life.

Källor

Mätare
prouti


text:
What's Paralympics
i enjoy!
【Swimming】JAPAN Para-Swimming Spring Meet:Young Athletes Looking at 2020 Tokyo
The JAPAN Para-Swimming Spring Meet and qualifying preliminaries for the Japan representative team at the World Para Swimming Championships were held March 5 in the Fuji Swimming Park in Shizuoka Prefecture.
Tobiuo Para Japan, the Japan representative team, won eight medals at the Rio Paralympics. Last year this meet, which was also the final qualifying preliminaries for Rio, took place in a somewhat eerie atmosphere, crowded by the press. Photos of 45-year-old Mayumi Narita's fist pump decorated newspapers the next day. Although that event showcased the strength of Japan's seasoned Paralympians, it also revealed the lack of young stars with promise for the 2020 Tokyo Games. This event was expected to turn that around.
The Spring Meet this year also served as the qualifying preliminaries for Japan representatives of the World Para Swimming Championships to be held in Mexico City in September. Swimmers who achieved the Dispatch Standard Time obtained unofficial qualification. Although not a Paralympic preliminary, the one-shot qualification method must have been chosen to cultivate greater coordinating and psychological fortitude, and ultimately competitiveness, with an eye on the Tokyo Paralympic Games. It was the start of a challenging road for all para swimmers aiming for 2020.
Newcomers Koike and Utsugi put on strong performances
In the women's events, 15-year-old Sakura Koike achieved the "Dispatch Standard Time 2" (for young athletes born in or after 1995) in the 400-meter Freestyle (S7) and will be joining the representative team for the first time. Motivated by her disappointment in not making the Rio Games, she kept training two to three times a week with non-disabled swimmers in order to attain greater stamina. Wanting to "attend many different events," she entered four at this meet. In the 100-meter Freestyle event she broke the Japan record. On her unofficial qualification for the Japan representative team, she said, "I am nervous because this is my first time to be on the team, but I hope to contribute with a strong performance."
Utsugi broke her best time in the breaststroke
Like Koike, Mikuni Utsugi is another member of the 2017 high performance program showing formidable progress. She achieved the Dispatch Standard Time in her specialty, the 100-meter Breaststroke (SB9). She says she focused on shifting weight underwater, which her coach tells her repeatedly, and was surprised at her time herself. She is still 14 years old, with a promising future before her. She says she wants to "be a swimmer that can compete in many events, not just the breaststroke," and promised to train for greater stamina in preparation of the world championships.
Tokairin and Nakajima continue strong
Tokairin after finishing first
In the intellectual disability classification, eight men qualified for the representative team. Dai Tokairin, a regular among top Japanese swimmers in recent years, did not qualify for the Japan team for the Rio Games due to a subpar performance at the preliminaries last year. However, at this meet he qualified with victories in both the 200-meter Individual Medley (SM14) and 200-meter Freestyle (S14). After the race he said, somewhat excitedly, "I was worried whether I would be able to swim my best, but I was able to not give up until the end. It was a good meet."
Keichi Nakajima, the youngest medalist in the Japan Team at the Rio Games, achieved the Dispatch Standard Time in two events. Although he lost the 200-meter Individual Medley to his rival Tokairin, he broke the Japan record in the 100-meter Butterfly (S14) with a time of 59.56. He said, "I am happy, but I will try harder to break the Asian record and world record as soon as possible."
Takuya Tsugawa, bronze medalist in the 100-meter Backstroke (S14), joined the Japan team in the same event. After he finished, he saw the results board and showed his joy with two energetic fist pumps. Moemi Kinoshita joined the Japan women's team. In the intellectual disability class there will be further international class divisions, with three more athletes gaining unofficial qualification for the Japan team later. We hope to see the further growth of these athletes spurred on by friendly rivalry.
Rio medalist Kimura shows a strong presence
For prominent swimmer Keiichi Kimura (S11, visual impairment), this was his first race after a month-and-a-half-long break last autumn. Although he did not live up to his personal best, he achieved the Dispatch Standard Time in the 100-meter Butterfly. He also broke the Japan record in the 100-meter Freestyle, demonstrating a top-athlete's impressive demeanor.
Kimura snatched four medals at the Rio Games, including two silvers, but did not quite reach gold. On whether or not he will aim for the 2020 Tokyo Paralympics, he avoided anything decisive, saying, "I have thought about it, and decided to think a little more about it." That said, in January and February he attended training camp in a semi-high altitude region to prepare for the 2,300-meter high altitude of the world championships. On being a favorite for a consecutive victory at the world championships, he said, "It depends on how well I can swim in a high altitude environment." It seems that his eyes are already on the international level.
Other long-time swimmers were Takayuki Suzuki (SB3/SM4), Mayumi Narita (S5) and Tomotaro Nakamura (SB7). Takuro Yamada, Rio medalist in the 50-meter Freestyle (S9), is looking for a gold at the Tokyo Paralympic Games. He achieved the Dispatch Standard Time for the 200-meter Individual Medley, a new event for him.
Nineteen-year-old Mei Ichinose (SM9) and 18-year-old Airi Ike (S10), both Rio Paralympians, achieved the "Dispatch Standard Time 1" and became "true" members of the Japan team. Japan Team coach Fumiyo Minemura said they are becoming "more self-aware as Paralympians." Twenty-two-year old Chikako Ono (S11), who has been core training since last year, also swam a good race. This meet showcased the promise of young female swimmers.
In this meet, 22 athletes unofficially qualified for the Japan team. After a medical check they will become official members, then go on to compete on the international level. Athletes under the age of 20 will also be attending the Asian Youth Para Games (Dubai) in December. We look forward to watching every moment of the athletes' journey towards 2020, which has already started.
text by Asuka Senaga,photo by X-1


text:
If Your Partner Cheats On You, It's Because They Actually Love You
Yourtango
Of course, it's not just women that cheat.
Cosmopolitan interviewed a man who, under the pen name Dylan, revealed the reason why he began using Ashley Madison to cheat on his wife. Dylan told Cosmopolitan he had his first fling in 2014 with a coworker to remedy a dying sex life at home.
"Things had mellowed out and we became a bit sexually incompatible," he said about his marriage. After the affair, he noticed his sex life with his wife was "amazing," describing it as "very primal and selfish." He credits the change in their connection to the guilt he felt for cheating on her. "I was so turned on thinking about what I'd done. It was this double-edged sword — while the fling had made me feel guilty, it had also been horrifically erotic."
He then joined Ashley Madison to see what it was about. Though he claims he didn't intend to make any moves on the site, he eventually began using the site regularly. And, like the women Walker interviewed, Dylan says the catalyst for his affairs is the fact that he is in love with his wife.
"I'm extremely happy with her in a lot of senses and I definitely love her," he said. "However, while we're as close as any married couple, there's an absence of what I would describe as a 'healthy sexual relationship.'"
Cheating is a wake-up call for relationships in a couple of different ways.
First, if kept a secret, the cheater is able to stay in the relationship while still having their needs met. As Dylan told Cosmopolitan, "I can see the positives it's brought to our relationship, too. It's definitely benefited our marriage."
Second, if the partner being cheated on finds out, it opens a conversation into what can change in the relationship to prevent cheating from happening again. Cheating reveals cracks in a relationship that, if addressed properly, couples can patch up.
It may never feel great to know you've been cheated on, and that's to be expected. But it doesn't have to signal the end of the relationship as a whole. Instead, couples can look at cheating as a desperate act of love and approach the end of the relationship as it was and embark on new beginnings as a couple.
According to our survey, 51 percent of people see cheating as a forgivable offense. With a change in mindset and more open hearts and minds, this statistic can easily trend upward as more people accept cheating in a more optimistic light.
Written by Micki Spollen
Originally appeared on Yourtango.com
Printed with permission
Cheating Secrets Revealed of each Zodiac Sign
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5 Tricks That Can Reveal If Your Partner Is Cheating On You Proved By Psychologists
12 Habits In A Relationship That Are More Harmful Than Cheating
Cheating Without Cheating: Relationship Betrayals That Have Nothing To Do With Cheating
The Unedited Truth About Why Couples Cheat (And What They Should Do About It)
bad relationship cheating in relationships cheating psychology good relationship infidelity love articles perfect relationship relationship advice relationship articles relationship betrayal relationship blogs relationship management relationship tips understanding infidelity
2k 2 January 4, 2018
YourTango is the leading online magazine dedicated to love and relationships.
2 comments on "If Your Partner Cheats On You, It's Because They Actually Love You"
Laura Horton May 31, 2018
That's what you get when you ask the users of Ashley Madison about cheating. They've cheated and they've been telling themselves these things in an effort to justify their behavior, because if they have to look at the pain they've caused their partner honestly, they wouldn't be able to handle the guilt and shame. Saying they lied, betrayed, and f*#ked someone else out of love for their partner makes them feel better about themselves.
The kindest thing would have been to openly address the issues with the partner and leave the relationship if problems could not be resolved.
Roxanne Getty April 29, 2018
What a load of BS!!! Your partner DOESN'T respect you or your relationship, if they cheat on you! If you've expressed to your partner that your love life needs more fulfilment and they still can't or won't try to work on it w/you, then it's best for you to just part ways then. It's better to LEAVE before cheat!
I don't know what kinda people were interviewed and apart of this survey, but they're definitely a different kinda breed! LOL


Taiwan is facing a social time bomb as its population ages. Critics question how the Tsai administration intends to pay for long-term care and ask what the implications are for the future.
Seventy-year-old retiree Mrs. Lin is part of the fastest growing demographic in Taiwan – the elderly, who now account for some 13 percent of the population but will likely reach 20 percent by 2025, bringing Taiwan into the ranks of the super-aged societies.
Yet the retired septuagenarian is healthy and active, keeping a schedule of activities ranging from dance classes to volunteering to care for grandchildren that would exhaust people one-third her age. With a wide network of friends and family and benefiting from many government-sponsored community programs aimed at keeping the elderly engaged and healthy, Lin represents the best side of growing older in Taiwan.
Mrs. Chang, 88, experiences old age in a very different way. Physically frail, with some degree of dementia and relying solely on the care of a daughter who is in the midst of an active career, Chang is largely isolated in her home, cared for by a foreign worker who has only a rudimentary understanding of Chinese and is unable to take her to community activities.
Further, Chang's daughter notes that none of the caregivers offered by various nonprofit organizations has been sufficiently trained to deal with the level of disability involved (requiring assistance with toileting, for example), rendering them effectively useless. Forced to leave an assisted living center in her home city of Taichung (台中) after her care needs exceeded the center's capacity, Chang is lonely and isolated in Taipei (台北) and presents a considerable burden on her daughter both in terms of caregiving and finances.
These two women are in many ways emblematic of the hopes and challenges surrounding Taiwan's efforts to provide long-term care to its growing elderly population.
Last November, Taiwan launched its Long Term Care 2.0 (LTC 2.0) (長照 2.0), an amended version of the Long-Term Care Act (長期照顧服務法) passed in 2015 to replace legislation enacted in 2008 under the Chen Shui-bian (陳水扁) administration. LTC 2.0 greatly expands the array of services provided by the government to care for the elderly, as well as widening the scope of people capable of receiving these services. Budgets have been significantly bolstered to fund the needs of the elderly.
Yet Taiwan faces significant hurdles in bringing its long-term care to the level needed by much of its population. Training for caregivers is widely conceded to be inadequate in preparing workers for the intense physical realities of toileting, safely lifting seniors in and out of public transportation, and otherwise navigating the complex terrain of Taiwan's cities. Critics maintain that the expanded scope of services includes redundancies and that Taiwan still fails to provide the necessary services for the most vulnerable portion of the population.
The original LTC was debated in the Executive Yuan (行政院) and the legislature for around seven years before it was passed, and implementation did not begin until January 2008. With an average annual budget of NT$3.3 billion (around US$100 million), the initial LTC covered people suffering from age-related disability over 65 years old, mountain aboriginals over 55 years of age, disabled persons over 50 years of age, and elderly people living alone, according to documents supplied by the Ministry of Health and Welfare (MOHW).
For these individuals, LTC offered such types of care as home nursing, home and community-centered rehabilitation, subsidies for rent and other living costs, and transportation services. The services were provided through nonprofit organizations (NPOs) under contract from local health and welfare departments using funding from the central government.
LTC 2.0, developed by the Tsai administration and passed by the Legislative Yuan (立法院) in September 2016, employs a much larger budget of NT$20 billion to greatly expand both the number of people eligible for assistance and the kinds of aid available. Now added to coverage by the LTC 2.0 are people over the age of 65 with dementia, disabled lowland aboriginals between 55 and 64 years of age, disabled people under 49 years of age, and the frail elderly.
The number of services has been increased by nine for a total of 17 items. Among the new categories are dementia care, family care support, community-based preventive care, integrated services for aboriginal groups in remote areas, and hospital discharge plans and transition care.
The changes to elderly care in Taiwan are aimed at easing the burden for more seniors and their families while generating greater efficiencies in service delivery and leveraging Taiwan's cultural characteristics, including the desire for senior citizens to be cared for by the family. Tsay says that the revisions in the LTC 2.0 combine traditional views of elder care with nearly a decade of experience with the original LTC, as well as learnings and best practices derived from other countries, particularly Japan.
National Taiwan University sociology professor James Cherng-Tay Hsueh (薛承泰) notes that Taiwanese tradition calls for senior citizens to be cared for in the home by their children. "This is what we call aging in place," and is still the ideal for most elderly Taiwanese, says Hsueh, who formerly headed the Department of Social Welfare in the Taipei City government and then served as a Minister without Portfolio tasked with, among other things, guiding the implementation of the LTC under the Ma Ying-jeou (馬英九) administration.
Due to this cultural emphasis on family care for senior citizens, under the original LTC only those in low-income groups or suffering from severe disabilities – 20 percent of the total senior population – were eligible for substantial government support. The remainder paid out of pocket for the long-term care they received. A review of the services available under the original LTC led the MOHW to conclude that the needs of society were in fact not being met and that more needed to be done.
Development of the LTC 2.0 involved a review of the considerable resources available for long-term care in Taiwan, including 1,500 residential care facilities and 1,500 home care and community care services. Tsay of the MOHW says the Ministry recognized "that the delivery systems weren't integrated" and that those in need struggled to access all the appropriate available services. In the 2.0 revision, "we have tried to innovate different models of community-based long-term care delivery systems in Taiwan," she notes.
LTC 2.0 promises three tiers of community-based service centers: "community-based integrated service centers (Tier A 'flagship stores'), combined day-care service centers (Tier B 'specialty stores'), and long-term care stations in lanes and alleys (Tier C 'corner stores')," according to government documents. This network is seen as integrating "health care services, preventive care, support for everyday needs, home-based services and medical care into a unified system that any senior citizen with diminished physical or mental capacities can access within a 30-minute drive," according to MOHW data (although presumably the impaired senior would not be the one behind the wheel).
Tiers A and B centers currently exist under LTC 1.0 and have been providing opportunities for socializing, exercise, and education to Taiwan's senior citizens for around eight years. The earlier mentioned Mrs. Lin, for example, has been taking classes in dance, painting, and English conversation at the Wenshan Senior Citizens community center for years, and regards the center as a significant asset in her life.
Taipei has over a dozen community centers throughout the various sections of the city, funded by the Taipei City Department of Social Welfare but managed by private NPOs. The NPOs are often affiliated with charitable or religious foundations, many of which also operate nursing homes and assisted-living residences for senior citizens.
The benefits of these centers in helping senior citizens maintain their health and well-being is substantial. Senior center managers stress that isolation and lack of exercise can be debilitating for the elderly, leading to depression and frailty. At that point, costly medical intervention may be necessary.
The majority of seniors accessing the community center services are still generally healthy. Mrs. Chang's daughter says that after moving her mother to Taipei, "I called so many of the community centers trying to find the right fit, and they all asked me point blank: How old is she? Can she walk? If she can't walk, then we may not be suitable for her.
"It's the intention of the government to create a social environment where the elderly can go for the day, but it's very difficult to actually take advantage of that for people like my mother," she says.
To provide services for the 16 percent of Taiwan's elderly who are not healthy, community centers employ teams of social workers as case managers to assess their needs and provide access to services to help alleviate suffering and enhance the quality of life. Up to now, though, those case workers have been overworked, often handling dozens of individual cases. Moreover, eligibility was often strictly appraised, with many disabled seniors unable to gain access to public services.
Community centers also deploy volunteers, usually healthy elderly who have the time, energy, and empathy – and who have received the requisite training – to help their less fortunate peers through home visits. Yet this too has limitations, with most volunteers unable to help with toileting and other physical issues, necessitating the presence of a family member or professional caregiver and thus limiting the utility of volunteer visits.
LTC 2.0 aims deal with this situation by enabling greater access to in-home care and expanding the reach of care to include those suffering from dementia, estimated at some 8 percent of the total population of senior citizens. Tsay of the MOHW says that since only about 20 percent of dementia sufferers currently have access to government assistance, three strategies are being developed to deliver help to a higher proportion of sufferers. The first is to provide training to the caregivers – both family and professionals. The second is to "develop share-care community-based dementia care centers" to offer dementia elder-sitting programs, respite care, home visits, and a variety of other services.
The third level consists of dementia care centers, staffed with case managers, to provide clinical evaluations, memory clinics, practice care and consultation, and other more professionalized services. Detailed plans for how these dementia care centers would operate remain unspecified, however, as MOHW is currently still accepting proposals from certified NPOs for the establishment of such resources.
Nevertheless, although the goals of the LTC 2.0 are already established, the means of achieving of them are still in development. For example, Tier C is an innovation and experts remain somewhat murky as to what these small "corner stores" will look like or exactly what their function will be.
Among the key questions facing the rollout and continued implementation of LTC 2.0, one of the thorniest is how to finance the system. With the budget for long-term care rising from an average of NT$3.35 billion annually to NT$20 billion in 2017 and scheduled to rise again in 2018 to NT$30 billion, according to the MOHW, funding will be a major challenge for the government.
In January, the Legislative Yuan passed an Executive Yuan proposal amending the Estate and Gift Tax Act and the Tobacco and Alcohol Tax Act to earmark funds specifically for long-term care services. The amendments will raise inheritance taxes from the current 10 percent to a maximum of 20 percent for endowments of at least NT$50 million and bequests of at least NT$100 million, while each packet of cigarettes will increase in price by NT$20. The tax hikes are expected to raise NT$28.8 billion in funding for the LTC 2.0, with the remainder coming from the general budget.
The decision to fund the LTC 2.0 through taxes is controversial. As an alternative, the government had long mulled instituting a Long-term Care Insurance scheme to fund the system. In fact, a draft Long-term Care Insurance Act was approved by the Executive Yuan in June 2015, only to languish in the legislature. The bill would have levied a Long-term Care Insurance tax premium on incomes in much the same way as the National Health Insurance (NHI) program operates, with employers contributing 40 percent, employees 30 percent, and the government 30 percent. Various kinds of public long-term care insurance are currently in use in other demographically challenged countries around the world, including Japan, Germany, and the Netherlands.
The Swedish model for long-term care is to fund all the services through taxation and to deliver those services through nonprofit or state-owned providers. Lin notes, though, that taxation levels are much higher in Sweden, and that according to the Organization for Economic Co-operation and Development (OECD), Sweden is spending 3.2 percent of its entire GDP on long-term care. Taiwan has much lower tax rates, and by contrast, will be spending less than 0.3 percent of its GDP on long-term care, even with the tremendous increases in budgets under the LTC 2.0.
The debate over long-term care insurance touches on a number of factors, including the role of the private sector and the availability of human resources. Under current government regulations, private for-profit businesses are prohibited from obtaining revenues from either the National Health Insurance (NHI) system or government-funded long-term care services. Through complex financial arrangements, however, many private hospitals organized as foundations are able to draw out profits from the NHI program, in effect becoming profit-making institutions. According to Lin, the DPP sees this de facto profit-making in private hospitals as wasting NHI resources and is strongly opposed to allowing a similar situation to arise in the provision of long-term care. Funding long-term care services entirely through taxation will enable the government to retain strict control over the provision of such services.
In the view of the opposition KMT, however, total government control over the provision of long-term care services limits how these services can be deployed. "If long-term care is based on taxation alone, that will give the government total control over the spending and will impact the quantity and the quality of long-term care," asserts NTU's Hsueh.
NPF's Lin sees the LTC 2.0 as providing insufficient services for the elderly, and also considers the tax base of cigarettes as an especially unstable source of revenue, as implicit in such a tax hike is the hope that fewer people will smoke. The KMT plan for long-term care insurance seeks to open up the market to private enterprise, allowing citizens to shop around and obtain the best care that meets their needs, paying for it using long-term care insurance funds as well as a co-pay. "We want to include the private sector, public sector, nonprofit organizations, community services and institutional service – in other words, we need a long-term care industry," Lin says.
Having the necessary human resources is crucial to the provision of long-term care services, and Taiwan currently relies to a large degree on foreign laborers, some 220,000 of whom are currently in Taiwan providing care for the elderly both in homes and in institutions. Internationally, this situation is not unusual; European countries, for example, rely largely on immigrant labor for elder care.
Taiwan faces a pending crisis, however, as the bulk of its caregivers currently come from Indonesia, which has vowed to stop sending such workers to Taiwan within the next few years unless their pay is raised substantially. Further, recipients of long-term care services say that many of the caregivers are not adequately trained to deal with the rigors of caregiving for the disabled and those suffering from dementia.
MOHW's Tsay suggests that part of the solution would be to encourage more young people to take on a career in social work, noting that 45 universities currently offer social work degrees. This step would not address the immediate problem, however, as social workers are more likely to act as case managers rather than caregivers charged with performing such crucial tasks as helping the disabled elderly bathe, toilet, and move around the community.
Tsay says that MOHW recognizes that current training programs for caregivers, consisting of only 90 hours of largely classroom lectures, do not adequately prepare them for these jobs and that most caregivers learn the essential skills on the job. The Ministry is reviewing proposals for upgrading the curricula and raising the wages for caregivers. Foreign caregivers earn around NT$17,500 per month, while their local counterparts can earn around NT$30,000.
But despite the higher wages offered to locals, caregivers remain in short supply because of the low social status of such jobs and unpleasant working conditions, according to MOHW surveys. President Tsai convened a forum to address these concerns and lauded caregivers for their tireless and compassionate efforts on behalf of the elderly and disabled.
"It's true that we have a big shortage of care workers," says MOHW's Tsay. "But the good thing is that everybody is paying attention to the issue and trying to think of solutions." NTU's Hsueh considers that many of Taiwan's "new immigrants" – some 500,000 foreign brides, mainly from China and Vietnam, live in Taiwan – could be trained as caregivers.
Aging societies are a challenge throughout the world, and increasing amounts of resources will undoubtedly have to be brought to bear to care for the elderly. While there is debate in Taiwan over the best way to meet the social and financial challenge, a firm consensus appears to exist regarding society's responsibility to ensure that its aged citizens are well cared for. With its sophisticated, educated citizenry and strong commitment to social welfare, Taiwan stands a good chance of effectively managing the issues to enable its senior citizens to grow old with dignity and comfort.
The News Lens has been authorized to repost this article. The piece was first published by Taiwan Business TOPICS.


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text:
Barry Diller's IAC Sued For $2 Billion
The Hollywood Reporter | August 15, 2018 | 6:05 am EDT by Natalie Jarvey
A group of Tinder co-founders and current and former employees is suing IAC and Match Group over the valuation of the popular dating app. Former CEO Sean Rad alleges that Tinder's parent companies intentionally undervalued the popular dating app to deny early employees billions in stock options.
'All Men Are Guilty,' Says Mogul Barry Diller
March 26, 2018 | 6:29 am EDT by TVNewsCheck
The chairman of IAC and husband of Diane von Furstenberg reflects on pornography, philanthropy and the end of Hollywood as we knew it.
Media, Internet Company IAC Buying Angie's List
May 3, 2017 | 6:05 am EDT by TVNewsCheck
NEW YORK (AP) — Media and internet company IAC/InterActiveCorp on Monday said it is buying Angie's List Inc. with the aim of melding the consumer reviews company with its HomeAdvisor business and creating a new publicly traded enterprise. The combined company will be called ANGI Homeservices Inc. and will keep both the Angie's List and […]
Veteran Media Investment Banker, Joins IAC
The New York Times | April 7, 2016 | 2:31 pm EDT by TVNewsCheck
Glenn Schiffman, a former co-head of media banking at Lehman Brothers, will be the Internet conglomerate's chief financial officer.
IAC Pieces Together A Digital Publishing Company
The Associated Press | December 10, 2015 | 5:24 am EST by Jake Coyle
NEW YORK (AP) — IAC/InterActiveCorp is forming a new digital publishing company that will group all of its websites together. IAC, which is controlled by billionaire Barry Diller, spun off dating websites Tinder, Match.com and OKCupid last month and Wednesday's suggests a stronger online publishing push. The websites include About.com, Dictionary.com, Investopedia and The Daily […]
Former FCC Staffer To Head IAC Lobbying Efforts
MediaPost | December 3, 2015 | 5:26 am EST by TVNewsCheck
'22 Will Be Spot TV's 'Year Of The Test'
L.A. Times' 'Hear Me Out' Turns Letters Into Video Gold
Three Media Trends To Watch In 2022
Talking TV: Sinclair Grows Its National News Play
Inside Newsday's Live Production Facility
Hybridity To Be Permanent At E.W. Scripps
Scripps' Symson: Omicron Won't Stop Spot TV's Upward Trajectory
SEC Football Will Move Millions From CBS To ABC Affils
Barry Diller's Business Model Bears Fruit
The New York Times | November 24, 2015 | 6:42 am EST by TVNewsCheck
IAC/InterActiveCorp, the hodgepodge of Internet businesses, has come under scrutiny. But today, the numbers tell a different story for his unique business model of buying digital businesses, folding them into a conglomerate and then spinning out the most successful ones.
NBCU's Bonnie Hammer Joins Board Of IAC
Variety | September 16, 2014 | 6:17 am EDT by TVNewsCheck
IAC, the Internet-media conglomerate controlled by Barry Diller, has 150 brands and products including Ask.com, About.com, Match.com, HomeAdvisor and Vimeo. Hammer oversees NBCU's entire cable entertainment portfolio including USA, Syfy, E, Bravo, Oxygen, Esquire Network, Sprout, Chiller and Cloo, as well as production entities Universal Cable Productions and Wilshire Studios.
Diller's IAC Buying About.com For $300M
NetNewsCheck | August 27, 2012 | 7:20 am EDT by TVNewsCheck
The New York Times Co. reached an agreement to sell the About Group — which includes About.com — to IAC/InterActiveCorp for $300 million in cash.
Diller Now In Control At Newsweek
New York Post | July 24, 2012 | 6:38 am EDT by TVNewsCheck
Barry Diller's IAC/InterActiveCorp has taken control of Newsweek Daily Beast after the family of late stereo magnate Sidney Harman declined to pump any more cash into the money-losing joint venture.
Barry Diller's Aereo Likely To Face Fight
Los Angeles Times | February 15, 2012 | 6:40 am EST by TVNewsCheck
It's hard to tell who has more to potentially worry about from Aereo — a new service financed by Barry Diller's IAC that enables consumers to get broadcast TV without a cable — the broadcasters or the cable industry. Diller calls Aereo a "potentially transformative technology." The broadcasters and their lawyers are likely working on other phrases to describe Aereo as copyright thieves.
Barry Diller Out As CEO Of IAC
The Wrap | December 2, 2010 | 9:59 am EST by TVNewsCheck
Barry Diller is stepping down as CEO of IAC — and he's getting a divorce from John Malone after a long, often tumultous marriage. Diller announced today that he has relinquished his post at the New York-based digital media company, part of a complicated deal that will see Liberty Media, one of IAC's biggest stakeholders, exit the business.


10. How can I fix this problem. Thanks for your help internet.
I'd suspect that HOMENE~3.DLL is connected to the Home Network Monitor. I just got one of these on my system for some odd reason, likely due to the router having issues at the same time. Just to be safe I'd suggest scanning your computer and running MVT afterwards.
I've found what looks like a Visual C++ coding error which causes McSvHost to crash during McAfee updates. Possibly this is related to the problems with AppCrash. There's now a question about this on the next conference call (Monday 18th), so maybe we can get the McAfee people to go over the code and see if they can find a common cause. I'll report back if there's any news.
Edit - Actually, on second thoughts, no. I don't think there's a connection. Don't forget that McSvHost is a catch-all container for a lot of programs and processes (like svchost.exe in Windows). This is chalk and cheese, as far as I can make out.


My buddy Jordan had a tremendous idea. Every March he thinks about building a bracket of the best 64 WWE-NWO entrance songs and advancing them through voting each week of the actual NCAA tourney! He asked me to put together my list. He's doing the same and he's got another buddy who's doing the same. We're going to pull the three lists together and seed them into the official bracket.
We've broken our regions out like so: Early Days Region (1980s – 1995), Attitude Era Region (1996 – 2002), 2000s Region (2003 – 2010) and PG Era Region (2010 – Current). The one rule: a theme for a particular wrestler falls within the era it DEBUTED. For example, HBK would be in the Attitude Era. That said, if a single wrestler has used multiple themes (IE The Undertaker using his "Rest In Peace" vs. "American Badass") they can both be considered.
As you can see I've still got some gaps to fill in so consider this a work in progress.
It's gonna be an interesting tournament. Let me know if you're interested in being a voter as we move through the tournament. Stay tuned!


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Bumper year for the video games and consoles market as sales forecast to exceed £2bn
Computer Assistance
It's been a bumper year for the video games and consoles market, with sales up by more than 50 per cent set to reach almost £2bn, according to new research.
The market reached £1.8bn in 2020, a jump of 55 per cent since 2019 when it was worth £1.2bn and by 2021, the market is forecast to exceed £2bn, says a report published by market analysts Mintel.
The market tends to rely on console launches to boost its way out of yearly declines but the Covid-19 spring/summer lockdown prompted a significant jump in gaming usage.
Sixty one per cent of consumers who use their console for streaming media from platforms like Netflix did so more often after the Covid-19 outbreak and just over a third of those who use their console for buying games online splashed out on new titles more frequently.
The success of social gaming is also highlighted by the research findings that showed half of console owners prefer to game with friends.
Mintel technology analyst Zach Emmanuel says: "COVID-19 has had a monumental impact on the sales of video games and consoles as Brits looked to stay entertained at home. While consumers' concerns over finances are expected to have led to a decrease in purchases of technology products overall, it has not been the case for consoles.
"The market has already benefited from the introduction of the new Nintendo Switch Lite in the first half of the year and the recently launched Xbox Series X, and the upcoming PS5 will provide a further boost to the market."
He adds: "Xbox has also enabled gamers to have greater flexibility over how they play, with the introduction of its new cloud gaming service which gives subscribers access to over a hundred games for a monthly subscription. However, Xbox is positioning cloud gaming as an alternative and not a replacement for a console. Our data shows that 26 per cent of people use consoles would prefer to play games over an internet connection than use a console – highlighting the appeal of Xbox's new service. Looking more long-term, the continued roll-out of 5G will make it possible for consumers to reliably use cloud gaming on-the-go, away from their console."
Mintel's research covered sales of static consoles such as PlayStation 5, hybrid consoles like Nintendo Switch and portable consoles including Nintendo 3DS plus sales of games on these devices. The report carried out consumer research among 2,000 internet users aged 16+ in June 2020.
OXIS Energy wins 10-year contract to electrify the luxury boat market
ColdQuanta gets £2.8 million funding boost for quantum projects
Rebellion invites film industry experts to try out its revolutionary virtual production set
Rebellion's Latest Video Game Sniper Elite VR is in "late stages of development"
Book review: Matt Ridley's How Innovation Works
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A private pilot with 23 years' experience, with VFR, IFR and Commercial rating, Bevan's vision for AvPlan began in 2010 when the Apple iPad was launched. Based on the concept of a self-updating flight plan – one that behaved like a paper plan, but linked to all manner of useful inflight information - the idea developed into AvPlan 1.0.
When he's not running AvPlan and hanging out with other pilots talking all things aviation, Bevan enjoys spending time with his family . Bevan currently flies an A36 Bonanza and is learning to fly a Cirrus.
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Simon is the owner of a Stemme S10-VT Motor Glider and a PC-12NG.
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