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Popular park keeps expanding
Ed Said - New game show coming
Medical cannabis comes with warning
Photography comp highlights plight of the kauri
Call to be plastic-free
Respite care facility essential
Seawater therapy ideal winter treatment
Environmental Leaders Fund allocated
Council initiative to smooth roads
Walking Weekend dates confirmed
Hanging up the blue for something new
Citizens Awards make a comeback
Art House opens its doors
Night of glamour at school ball
Gardening with Gael - Vancouver Island's inspirational Butchart Gardens
Last days for Matariki tree giveaway
Resignations follow after Domain AGM
Street food camper follows the seasons
Worzels World - The Russians did it
Kapa Haka festival a winner
Not all happy with Crown Manager reappointment
Home > 26th June Issue > Ed Said - New game show coming
It's called 'The Election'. There's a sequal every three years – same format, different cast mostly, but the plot is the same each time. The show only consists of one episode but social and mainstream media maintain a barrage of comment and criticism about the cast and the plot for the following three years until it runs again. It's the nearest thing we'll ever see to perpetual motion. With about 90 days before it airs it's surprising there have been no trailers to date.
I tend to view it with the same enthusiasm I have for The Simpsons. Great fun. I think Bart is the modern day Dennis The Menace so likewise I can't really take our elections seriously. The potential 'actors' audition on a countrywide stage. The press make sure we see them smiling, scowling, surprised, horrified, their good side and their bad side and whatever other moods the camera shutter can snap.
They then have to deliver their lines to the public but not from a set script, rather in the form of hopes and promises, some with strength, conviction and determination, others with an earnest pleading somehow believing they can make our lives, our country and the world a better place for having them in the lead role.
Some come across really well. Not unlike our local body elections in that some really believe what they recite, failing to realise or grasp the reality that most of what they promise cannot be achieved through being either illegal, immoral, unworkable or unaffordable.
Following some of my past editorials I've been accused of wearing my political heart on my sleeve (whatever that means) and being a blind Nat supporter. Fact is from memory I've only ever voted in one general election in my life. Apart from feeling decidedly uncomfortable during Rogernomics of the late 80s in having to bear the weight of up to 30 percent mortgage interest on a small farm, no government has ever made a significant difference to my life or that of my family.
With bank loans available currently from about 4.5 percent, can you possibly imagine a situation where a large percentage of home owners with mortgages in the $600k range accrued over the past three or so years suddenly became burdened with 30 percent interest? The outcome really doesn't bear thinking about.
But general elections can promise lots of fun. We follow and scrutinise the possible outcomes like sports fans obsessing about an All Blacks test match. If we happen to catch the polls on the six o'clock news we analyse trends and do SWOT tests on the candidates. We recall threats that promised to derail previous elections but never made an ounce of difference to the outcome, like Kim Dotcom throwing piles of money at the Mana Party which, in the end, did more harm than good, or Nicky Hager's book release which was touted to deliver a 'bombshell' but which only really delivered the 'shell' without the bomb.
Sure, National's Todd Barclay will be gone but at 24 years of age he has done little more than act like an idiot. He'll get over it fairly quickly I would think and his leaving can be seen as little more than collateral damage – happens regularly with one party or another.
For Labour, Andrew Little is boring. If Labour doesn't lift its game what might the future hold for their leader whose popularity has been eroded somewhat through the surge of Jacinda Ardern, a serious though inexperienced contender for leadership and a possibility even before the election.
The Greens don't really want to work with Labour and NZ First leader Winston Peters is wiley yet predictable in his political opportunism, plus three's a crowd and those three parties together will still struggle to head off the Nats. Anyway, what if they do? What's going to change? Oh, and then there's Gareth Morgan. Well, I'm not a great cat lover anyway – 'nuff said.
Sure, I'll watch the result with interest as it's quite entertaining to see who are the winners and losers because there are always surprises – just as there are in a game show.
Just my opinion.


Here is Lauren Levine's documentary about a reading I gave at Poetry Flash in 2017, featuring poems from the "Whale Fall" project I've been working on recently. This video shows the beginning and ending poems, plus one example from the central "Slow Worms" section, and a poem about the great free diver Natalia Molchanova, read by Ellen McLaughlin. There's also some footage from Lauren's interview with me.


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Home Global Economy 'Horrified' U.N. official condemns reported killings of civilians in Myanmar By Reuters
'Horrified' U.N. official condemns reported killings of civilians in Myanmar By Reuters
© Reuters. The United Nations' new Under-Secretary-General for humanitarian affairs Martin Griffiths addresses a news conference on the humanitarian crisis in Tigray after visiting the region, in Addis Ababa, Ethiopia, August 3, 2021. REUTERS/Tiksa Negeri/Files
(Reuters) – A senior U.N. official called on Myanmar authorities to investigate the reported killing of at least 35 civilians that opposition activists blamed on government soldiers, saying he was "horrified" at the violence.
The ruling military has not commented on the killings near Mo So village in Kayah State on Friday and several calls since Saturday to junta spokesman Zaw Min Tun went unanswered.
State media reported on Sunday that soldiers had fired on and killed an unspecified number of "terrorists with weapons" in the village. It did not say anything about civilians.
U.N. Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator Martin Griffiths said there were credible reports the civilians, including at least one child, were forced from vehicles, killed and burned. He did not elaborate on why he considered the reports credible.
"I am horrified by reports of an attack against civilians… I condemn this grievous incident and all attacks against civilians throughout the country, which are prohibited under international humanitarian law," he said in a statement.
Griffiths called for "a thorough and transparent" investigation so the perpetrators could be brought to justice.
The U.S. Embassy said in a post on Twitter (NYSE:) it was "appalled by this barbaric attack".
"We will continue to press for accountability for the perpetrators of the ongoing campaign of violence against the people of Burma," it said, using another name for the country.
Two residents and the Karenni Human Rights Group, which operates in the area, said soldiers had killed more than 30 civilians.
They said details were sketchy but it appeared the victims had been in vehicles, including at least one truck, that were stopped on a road. They were killed and the bodies set ablaze, the residents and the rights group said.
MISSING AID WORKERS
A villager who declined to be identified for security reasons said he knew there had been a fire at the site on Friday but could not go there as there was shooting.
"I went to see this morning. I saw dead bodies that had been burnt and also the clothes of children and women spread around," he told Reuters by phone on Saturday.
Photographs posted by the rights group showed charred bodies, some in the back of a burned-out truck. Reuters was not able to independently verify the authenticity of the pictures.
Myanmar has been in turmoil since the military on Feb. 1 overthrew the elected government of Nobel Prize laureate Aung San Suu Kyi.
Some opponents of the military have taken up arms, some linking up with ethnic minority guerrillas who have for years been fighting the government for self-determination in various parts of the country, including Kayah State in the east.
The Save the Children aid group said two of its workers, travelling to their home villages for the year-end holiday, had gone missing in the attack. It suspended operations in Kayah State and parts of neighbouring Karen State and the Magway region.
The killings and burning of bodies in Kayah State followed similar violence in the central Sagaing region on Dec. 7 when villagers said soldiers rounded up 11 people, shot them and then set fire to their bodies.
The military government has not commented on that incident.
Since Myanmar's military launched the coup, more than 1,300 people have been killed in crackdowns on protests and more than 11,000 have been jailed, according to a tally by the Association for Assistance of Political Prisoners rights group.
The military disputes the group's death toll.
Fighting has also flared in Karen State, also in the east, between the army and the Karen National Union (KNU) insurgent group.
Thai authorities say more than 5,000 villagers from Myanmar have fled across a border river to the safety of Thai territory since Dec. 16.
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redpajama_set_name: RedPajamaCommonCrawl


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Finance|Inspirational
Divya Sethu
This Sweet Shop Owner's Son Has Helped Over 2 Crore Needy Through Micro Finance
Tripura-born Chandra Shekhar Ghosh started Bandhan Konnagar in 2001 with the aim to move beyond awareness and empower the rural population, particularly women. Through various financial inclusion and healthcare programmes, Bandhan Bank has around 2 crore customers.
Before Chandra Shekhar Ghosh, 60, began his journey as the founder and CEO of one of India's largest microfinancing entities, he was a young boy who helped his father run the family's sweet shop in Tripura, where he was born. His days entailed juggling academics and the shop before he obtained a Master's degree in Statistics from Dhaka University. All through his childhood, he was moved by the brutal penury he saw all around him, specifically when he began working with various NGOs, including BRAC that creates opportunities for people living in poverty. Here, he experienced firsthand how poverty-stricken people from remote villages were leading their lives, and what it would entail to offer them a better future.
"I had the opportunity to travel to different corners of West Bengal and understand the lives of the people living in these remote areas. That was the time I began asking myself whether I could only provide health and education awareness or if I could find a way to economically empower them," Ghosh tells The Better India.
Jobs, not alms
An incident that hit him hard was when he saw a mother sitting outside her house and boiling some rice, while her child was sitting on the ground and eating mud and grass. He approached the mother and tried to engage her in conversation about how this would be harmful for her child. "She could hear me, but wasn't responding much," he recalls. "I asked her if she had heard anything I said, and she looked up at me and said, 'For the last three days, my daughter has been crying for fish curry and rice. I give her false promises every time and say I'll get it for her soon. I'm not responding to you because I'm thinking about how, when I'm done cooking this rice, my daughter will ask me for fish again. What do I say to her then? Can you give me a sentence I can say to my daughter so she eats the rice without the curry?' I had no answer," he says.
Ghosh says this helped strengthen the idea in his head that the poor need jobs and not alms, to survive.
Another incident in a local market helped further shape this vision. "I noticed that in the morning, a moneylender would come and hand Rs 500 to the vegetable and fish vendors, and collect Rs 5 as interest. Then they would come back in the evening and repeat the same practice. I wondered why these vendors were willing to pay 1% interest half a day — 700% yearly. When I asked them about it, I realised they weren't really counting the interest rate, but the actual sum — Rs 5 a day. They said this was, in fact, a boon, because it prevented them from wasting time in paperwork and long queues."
This led Ghosh to wonder if he could do something similar, and cut the interest rate to around 30% which would let these people save and use the money to scale their business. In 2001, he quit his job and started a microfinance NGO, Bandhan-Konnagar, to empower rural women.
Ghosh during a session with the women
18 months of waiting
"The focus was to give the money to the women. This was to give them rights and autonomy to run a family or their business. We also wanted to slowly increase the income in village hands, which could go into building schools and improving the general ecosystem of the area," he says.
"My wife started to cry when I told her I was quitting," Ghosh says, adding, "She said, 'We have a fixed income. Why would you leave the job for something so uncertain? How will our family survive?'. My brother-in-law also called me, asking me to not let go of our fixed income, which was Rs 5,000 a month at that time. But I knew what I had to do."
He quickly realised that raising loans for the poor was difficult. He spent over 18 months to get banks to agree to provide loans, but it was all in vain. "Banks would say that these people end up 'eating' all the money and don't return anything," he recalls. Ghosh borrowed from money lenders at 7.5% interest per month and distributed it to villagers. "They returned the money on time, without any hiccups," he says. After 18 months, the NGO was given a loan of Rs 20 lakh from the Small Industries Development Bank of India (SIDBI) on a pilot basis, which proved successful, and other banks followed.
Ghosh's next step was scaling. "I knew that if I didn't scale up the venture, doing work at the grassroots level would be impossible, because India has such a vast population, and I wanted to help as many as I could," he says. To increase funding, the microfinance services were transferred to an NBFC (Non-Banking Finance Company) in 2006. The earnings of the NGO were dedicated totally to the NBFC, and the dividend would go to the villagers.
Ghosh with his family
For the poorest of the poor
To recruit talent to further increase the reach of the company, Ghosh put forth the criterion that those who had passed higher secondary exams in the third division, and around the age of 23 years, could apply. The idea was to work with those who understood how tough life was in rural areas, and what the needs of these regions would be. "The general age of graduation is 21 years, but I set the limit at 23, because that meant that they might have tried to get a job for two or three years, but didn't succeed," he says. He wanted to prove that education and high marks are not, and should not be, the only criteria to get a job, or to build the success of an enterprise. "These people are the backbone of Bandhan. I'm very proud of them," he adds.
Another challenge was to access the poorest of the poor, those who could not come to Bandhan directly. For this, Ghosh started Targeting the Hardcore Poor (THP) programme. Here, they offered grants in the form of free assets to women. This would help the women generate livelihood through the asset and ensure their independent sustenance. The programme also offers them a weekly subsistence allowance so they can meet their daily expenses until the assets start yielding returns.
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Sangita Rabha (36) is one such woman who has benefitted from the programme. Through the asset support provided to her, she has set up a grocery store in Goalpara district, Assam. "Before Bandhan came to me, I was working as a house help. I have two children and a mother to take care of since my husband passed away years ago. It was very difficult to take care of them because I was earning only around Rs 150 per house," she tells The Better India.
She was told by her neighbour that a meeting was taking place in her locality, where a few people from Bandhan were coming in to help destitute women such as herself. After enrolling in the programme, Sangita received training so she would know how to run a business, and was then provided with assets worth Rs 14,000 and a few basics so she could set up a grocery store. "Gradually, my daily living increased. Today, I earn around Rs 6,000-7,000 a month, which is enough for my family's sustenance. We don't have to pay rent since the house belongs to my parents. Both my children go to school," she says.
She is not the only one. The THP programme has reached out to over 1,10,000 such people across the country. The initial cost the company bears per person is around Rs 30,000-40,000 a month, and it takes about two years for these women to no longer need the programme's help to sustain themselves.
This is only one such initiative that Bandhan has taken. They have a health awareness programme to reduce the healthcare expenditure of rural families. Health volunteers, called Swasthya Sahayikas, are chosen from villages and provided with adequate training. These women then work in their villages to impart health education through regular health forums. Bandhan has around 9,700 such volunteers as of now and has reached over 18 lakh households across India. It also has education and financial literacy programmes in place. In total, the entity has been able to help 25,63,456 beneficiaries across India. Ghosh says that providing a job to each beneficiary also ensures further employment to those around them.
Transforming lives of the poor, and his own
In 2010, Bandhan became India's largest MFI (micro finance institution). The Reserve Bank of India (RBI) granted Bandhan a universal banking license in 2015. Today, it serves around 2.25 crore customers across the country through banking products and services. It has a total of 5,197 banking outlets, including 1,107 bank branches, 4,090 banking units. Around 72% of the banking outlets are in rural and semi-urban areas.
Another life changed through Bandhan's work is that of 42-year-old Ruma Sunfui from Ballygunge in Kolkata. "I used to work as a house help. I was earning around Rs 3,000-4,000 a month, but it was difficult to sustain my family. I learned about Bandhan's microloan and availed it to start a shoe store in Gariahat, which is a famous market here," she tells The Better India. To open any shop in the market, one has to buy the spot.
She avails the loan yearly and pays it off. Her ongoing loan is of Rs 2,50,000. Today, she earns Rs 6,000-7000 per day. Her husband, who was earlier working as a driver, quit his job, and the two now run their shoe store, which has two outlets. With these earnings, she is now able to send her daughter to school.
Ghosh has received numerous accolades for his effort to drive change on this scale. In 2006, Bandhan was conferred the 'Pro Poor Innovation Challenge Award' by the Consultative Group to Assist the Poor (CGAP), an affiliate of the World Bank. Ghosh was awarded Senior Ashoka Fellow in 2007, tagged as the Forbes Entrepreneur with Social Impact in 2014, ET Entrepreneur of the Year in 2014, received the Lifetime Contribution to the Microfinance Sector by an Individual Award in 2015, felicitated with the C Rangarajan Award for Excellence in Banking in 2017, and was a recipient of the Business World Magna Awards — Banker of the Year in 2019.
Ghosh has won numerous accolades for his endeavor
He says obtaining Bandhan's universal banking license was his biggest achievement so far. But the first loan he received to begin Bandhan Konnagar was cathartic, he adds, because it changed everything. "When I meet the customers of our bank and they tell me about what their lives were, and what they are now, I'm filled with immense happiness. Changing the lives of so many people has been the best part of this for me," he says.
Today, Ghosh lives in Kolkata with his wife and son. His basic belief of empowering the poor, rather than offering them charity, has built the very foundation of Bandhan and transformed the lives of many.
Edited by Yoshita Rao
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Wood County Commissioners listen to pitch for business incubator.
A business incubator may be set up in Wood County to help local inventors hatch their ideas.
The Wood County Commissioners heard a proposal Tuesday morning from Rene Polin, president and founder of Balance, a company that helps entrepreneurs turn their ideas into reality.
"You can't just be a dreamer. You have to be a dreamer with a business plan," Polin said.
And that's where Balance would come in to the picture.
"We want to bring our panache in the industry from Cleveland to Wood County," Polin said.
To do that, Polin needs some type of very basic workspace – something with office space, power and connectivity. "I know that sounds primitive," but that's all that's needed, he said. The firm's Cleveland space is an old factory building.
The firm works with entrepreneurs, helping them assess their plans, fill out necessary paperwork, and determine if the project is worth their time and investment.
After all, most inventors aren't good business people, explained Doug Miller, of the Wood County Economic Development Commission which is working to bring Balance here.
The business incubator can help entrepreneurs determine if there is a market for their product, Miller said. "People get focused on their invention," but if the public won't buy it, the idea isn't going anywhere, he said.
Sometimes, the dreams need to be tweaked.
By using consumer research and focus groups, the incubator can help gauge the success of a product.
The Balance firm has seen its own success – just by helping others achieve their dreams, Polin said. One such story is the Comfort Adjust Pillow that is currently being sold on the QVC shopping network.
Several other ideas are being worked on now at the business incubator in Cleveland, including a pet grooming device. Polin said the inventor is being assisted with getting a patent, refining a prototype and testing it on different animals. The incubator also helps entrepreneurs decide if they want to produce the item themselves or license their creation to someone already in the business.
Other inventions being tinkered with at the incubator now include a "super simple" non-powered French press for coffee. An Italian coffee company is looking at that, Polin said. Then there's the digital app that helps get excess farm products sold in markets. And the football fantasy idea that the inventor wants to get online by draft day next year. And the drug therapy device that is the brain child of an emergency room doctor from Youngstown.
Of course, not all inventions make it. Of the three to four entrepreneurs who seek help each month, probably one or two actually succeed.
And often it makes more sense for the entrepreneur to license their idea to someone already in business, and just collect royalties, he said.
Wood County Commissioner Craig LaHote suggested that the Big Fab Lab with its "makers' space" at the Woodland Mall may be a good location for the business incubator. Wade Gottschalk, executive director of the Wood County Economic Development Commission, said that a partnership with that site may be possible.
Polin estimated his firm's monthly fee for Wood County would be about $5,000.
"The best part about this is you don't need a huge investment in space right now," he told the county commissioners.
Polin said once the incubator sets up shop, it won't be hard to find the inventors.
The commissioners agreed to review Polin's proposal and make a decision.
Wood County Commissioners make connections in D.C.


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LEGAL ADVICE 0002: Habitual drunkenness, gambling and refusal to find a job, while indicative of psychological incapacity, do not, by themselves, show psychological incapacity. While we may concede that physical violence on women indicates abnormal behavioral or personality patterns, such violence, standing alone, does not constitute psychological incapacity.
Filed under: RE MARRIAGE ANNULMENT — 1 Comment
CASE: JOCELYN M. SUAZO, PETITIONER, VERSUS ANGELITO SUAZO AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS (G.R. NO. 164493, 12 MARCH 2010)
BRION, J.:
xxxxxxxxxxxxxxxxxxxxxxxxx
Habitual drunkenness, gambling and refusal to find a job, while indicative of psychological incapacity, do not, by themselves, show psychological incapacity. All these simply indicate difficulty, neglect or mere refusal to perform marital obligations that, as the cited jurisprudence holds, cannot be considered to be constitutive of psychological incapacity in the absence of proof that these are manifestations of an incapacity rooted in some debilitating psychological condition or illness.
The physical violence allegedly inflicted on Jocelyn deserves a different treatment. While we may concede that physical violence on women indicates abnormal behavioral or personality patterns, such violence, standing alone, does not constitute psychological incapacity. Jurisprudence holds that there must be evidence showing a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself. The evidence of this nexus is irretrievably lost in the present case under our finding that the opinion of the psychologist cannot be relied upon. Even assuming, therefore, that Jocelyn's account of the physical beatings she received from Angelito were true, this evidence does not satisfy the requirement of Article 36 and its related jurisprudence, specifically the Santos requisites.
Xxxxxxxxxxxxxxxxxxxxxxxxxx
FULL DECISION
JOCELYN M. SUAZO, PETITIONER, VERSUS ANGELITO SUAZO AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS (G.R. NO. 164493, 12 MARCH 2010)
We resolve the appeal filed by petitioner Jocelyn Suazo (Jocelyn) from the July 14, 2004 Decision of the Court of Appeals (CA)[1] in CA-G.R. CV No. 62443, which reversed the January 29, 1999 judgment of the Regional Trial Court (RTC), Branch 119, Pasay City in Civil Case No. 97-1282.[2] The reversed RTC decision nullified Jocelyn's marriage with respondent Angelito Suazo (Angelito) on the ground of psychological incapacity.
Jocelyn and Angelito were 16 years old when they first met in June 1985; they were residents of Laguna at that time. After months of courtship, Jocelyn went to Manila with Angelito and some friends. Having been gone for three days, their parents sought Jocelyn and Angelito and after finding them, brought them back to Biñan, Laguna. Soon thereafter, Jocelyn and Angelito's marriage was arranged and they were married on March 3, 1986 in a ceremony officiated by the Mayor of Biñan.
Without any means to support themselves, Jocelyn and Angelito lived with Angelito's parents after their marriage. They had by this time stopped schooling. Jocelyn took odd jobs and worked for Angelito's relatives as household help. Angelito, on the other hand, refused to work and was most of the time drunk. Jocelyn urged Angelito to find work and violent quarrels often resulted because of Jocelyn's efforts.
Jocelyn left Angelito sometime in July 1987. Angelito thereafter found another woman with whom he has since lived. They now have children.
Ten years after their separation, or on October 8, 1997, Jocelyn filed with the RTC a petition for declaration of nullity of marriage under Article 36 of the Family Code, as amended. She claimed that Angelito was psychologically incapacitated to comply with the essential obligations of marriage. In addition to the above historical narrative of their relationship, she alleged in her complaint:
8. That from the time of their marriage up to their separation in July 1987, their relationship had been marred with bitter quarrels which caused unbearable physical and emotional pains on the part of the plaintiff because defendant inflicted physical injuries upon her every time they had a troublesome encounter;
9. That the main reason for their quarrel was always the refusal of the defendant to work or his indolence and his excessive drinking which makes him psychologically incapacitated to perform his marital obligations making life unbearably bitter and intolerable to the plaintiff causing their separation in fact in July 1987;
10. That such psychological incapacity of the defendant started from the time of their marriage and became very apparent as time went and proves to be continuous, permanent and incurable;
Angelito did not answer the petition/complaint. Neither did he submit himself to a psychological examination with psychologist Nedy Tayag (who was presumably hired by Jocelyn).
The case proceeded to trial on the merits after the trial court found that no collusion existed between the parties. Jocelyn, her aunt Maryjane Serrano, and the psychologist testified at the trial.
In her testimony, Jocelyn essentially repeated the allegations in her petition, including the alleged incidents of physical beating she received from Angelito. On cross-examination, she remained firm on these declarations but significantly declared that Angelito had not treated her violently before they were married.
Asst. Sol. Gen. Kim Briguera:
Q. Can you describe your relationship with the respondent before you got married?
A. He always go (sic) to our house to court me.
Q. Since you cited violence, after celebration of marriage, will you describe his behavioural (sic) pattern before you got married?
A. He show (sic) kindness, he always come (sic) to the house.
Q. So you cannot say his behavioral pattern composing of violent nature before you got married (sic), is there any signs (sic) of violence?
A. None maam (sic), because we were not sweethearts.
Q. Even to other people?
A. He also quarrel (sic).[3]
Maryjane Serrano corroborated parts of Jocelyn's testimony.
When the psychologist took the witness stand, she declared:
Q. What about the respondent, did you also make clinical interpretation of his behavior?
A. Apparently, the behavior and actuation of the respondent during the time of the marriage the respondent is suffering from anti-social personality Disorder this is a serious and severe apparently incurable (sic). This disorder is chronic and long-standing before the marriage.
Q. And you based your interpretation on the report given by the petitioner?
A. Based on the psychological examination wherein there is no pattern of lying when I examined her, the petitioner was found to be very responsive, coherent, relevant to marital relationship with respondent.
Q. And the last page of Exhibit "E" which is your report there is a statement rather on the last page, last paragraph which state: It is the clinical opinion of the undersigned that marriage between the two, had already hit bottom rock (sic) even before the actual celebration of marriage. Respondent('s) immature, irresponsible and callous emotionality practically harbors (sic) the possibility of having blissful relationship. His general behavior fulfill(s) the diagnostic criteria for a person suffering from Anti Social Personality Disorder. Such disorder is serious and severe and it interferred (sic) in his capacity to provide love, caring, concern and responsibility to his family. The disorder is chronic and long-standing in proportion and appear(s) incurable. The disorder was present at the time of the wedding and became manifest thereafter due to stresses and pressure of married life. He apparently grew up in a dysfunctional family. Could you explain what does chronic mean?
A. Chronic is a clinical language which means incurable it has been there long before he entered marriage apparently, it came during early developmental (sic) Basic trust was not develop (sic).
Q. And this long standing proportion (sic).
A. That no amount of psychological behavioral help to cure such because psychological disorder are not detrimental to men but to others particularly and this (sic) because the person who have this kind of disorder do not know that they have this kind of disorder.
Q. So in other words, permanent?
A. Permanent and incurable.
Q. You also said that this psychological disorder is present during the wedding or at the time of the wedding or became manifest thereafter?
A. Yes, ma'am."
Q. Is there a clinical findings (sic)?
A. That is the clinical findings. Personality Disorder labeled on Anti-Social Personality Disorder (sic).
Q. How was shown during the marriage (sic)?
A. The physical abuses on the petitioner also correlated without any employment exploitative and silent (sic) on the part of the respondent is clearly Anti-Social Disorder.
Q. Do the respondent know that he has that kind of psychological disorder (sic)?
A. Usually a person suffering that psychological disorder will not admit that they are suffering that kind of disorder (sic).
Q. So because of this Anti-Social Disorder the petitioner suffers a lot (sic)?
A. Yes, because the petitioner is a victim of hardships of marital relation to the respondent (sic).
Q. Was the Anti-Social Personality Disorder also shown to the parents (sic)?
A. Yes, according to the petitioner, respondent never give due respect more often than not he even shouted at them for no apparent reason (sic).
Q. Did you say Anti-Social Disorder incurable (sic)?
A. Yes, sir.
Q. Is there a physical violence (sic)?
A. Actually, I could see the petitioner is tortured mentally of the respondent (sic).
Q. How was the petitioner tortured?
A. She was able to counter-act by the time she was separated by the respondent (sic).
Q. Do you mean to tell us that Anti-Social disorder is incurable?
Q. Why did you know?
A. Anti-Social disorder is incurable again because the person itself, the respondent is not aware that this kind of personality affect the other party (sic).
Q. This Anti-Social behavior is naturally affected the petitioner (sic)?
A. They do not have children because more often than not the respondent is under the influence of alcohol, they do not have peaceful harmonious relationship during the less than one year and one thing what is significant, respondent allowed wife to work as housemaid instead of he who should provide and the petitioner never receive and enjoy her earning for the five months that she work and it is also the petitioner who took sustainance of the vices. (sic)
Q. And because of that Anti-Social disorder he had not shown love to the petitioner?
A. From the very start the respondent has no emotion to sustain the marital relationship but what he need is to sustain his vices thru the petitioner (sic).
Q. What are the vices?
A. Alcohol and gambling.
Q. And this affected psychological incapacity to perform marital obligation?
A. Not only that up to this time from my clinical analysis of Anti-Social Personality Disorder, he is good for nothing person.[4]
The psychologist also identified the Psychological Report she prepared. The Report pertinently states:[5]
Report on the psychological condition of JOCELYN M. SUAZO, a petitioner for "Nullity of Marriage" versus ANGELITO D. SUAZO
[This pertains to Jocelyn's]
BRIEF MARITAL HISTORY
Husband is Angelito D. Suazo, 28 years old reached 3rd year high school, a part time tricycle driver, eldest among 4 siblings. Father is a machine operator, described to be an alcoholic, womanizer and a heavy gambler. While mother is a sales agent. It was a common knowledge within their vicinity that she was also involved in an illicit relationship. Familial relationship was described to be stormy, chaotic whose bickering and squabbles were part and parcel of their day to day living.
TEST RESULTS AND EVALUATION
Projective data reveal an introvert person whose impulse life is adequately suppressed so much so that it does not create inner tension and anxiety. She is fully equipped in terms of drives and motivation particularly in uplifting not, only her socio-emotional image but was as her morale. She may be sensitive yet capable of containing the effect of such sensitiveness; in order to remain in goodstead (sic) with her immediate environment.
She is pictured as a hard-working man (sic) who looks forward for a better future in spite of difficulties she had gone through in the past. She is fully aware of external realities of life that she set simple life goals which is (sic) commensurate with her capabilities and limitations. However, she needs to prioritize her interest in order to direct her energy toward specific goals. Her tolerance for frustration appears to be at par with her coping mechanism that she is able to discharge negative trends appropriately.
REMARKS : [Already cited in full in the psychologist's testimony quoted above][6]
The Office of the Solicitor General – representing the Republic of the Philippines – strongly opposed the petition for declaration of nullity of the marriage. Through a Certification filed with the RTC, it argued that the psychologist failed to examine and test Angelito; thus, what she said about him was purely hearsay.
THE RTC RULING
The RTC annulled the marriage under the following reasoning:
While there is no particular instance setforth (sic) in the law that a person may be considered as psychologically incapacitated, there as (sic) some admitted grounds that would render a person to be unfit to comply with his marital obligation, such as "immaturity, i.e., lack of an effective sense of rational judgment and responsibility, otherwise peculiar to infants (like refusal of the husband to support the family or excessive dependence on parents or peer group approval) and habitual alcoholism, or the condition by which a person lives for the next drink and the next drinks" (The Family Code of the Phils, Alicia Sempio-Diy, p.39, 1988 ed.)
The evidence presented by the petitioner and the testimony of the petitioner and Dr. Tayag, points (sic) to one thing – that the petitioner failed to establish a harmonious family life with the respondent. On the contrary, the respondent has not shown love and respect to the petitioner manifested by the former's being irresponsible, immature, jobless, gambler, drunkard and worst of all – a wife beater. The petitioner, unable to bear any longer the misbehavior and attitude of the respondent, decided, after one year and four months of messy days, to leave the respondent.
In this regard, the petitioner was able to prove that right from the start of her married life with the respondent, she already suffered from maltreatment, due to physical injuries inflicted upon her and that she was the one who worked as a housemaid of a relative of her husband to sustain the latter's niece (sic) and because they were living with her husband's family, she was obliged to do the household chores – an indication that she is a battered wife coupled with the fact that she served as a servant in his (sic) husband's family.
This situation that the petitioner had underwent may be attributed to the fact that at the time of their marriage, she and her husband are still young and was forced only to said marriage by her relatives. The petitioner and the respondent had never developed the feeling of love and respect, instead, the respondent blamed the petitioner's family for said early marriage and not to his own liking.
Applying the principles and the requisites of psychological incapacity enunciated by this Court in Santos v. Court of Appeals,[7] the RTC concluded:
The above findings of the psychologist [referring to the psychologist' testimony quoted above] would only tend to show that the respondent was, indeed, suffering from psychological incapacity which is not only grave but also incurable.
Likewise, applying the principles set forth in the case of Republic vs. Court of Appeals and Molina, 268 SCRA 198, wherein the Supreme Court held that:
x x x x [At this point, the RTC cited the pertinent Molina ruling]
The Court is satisfied that the evidence presented and the testimony of the petitioner and Dr. Familiar (sic) [the psychologist who testified in this case was Nedy Tayag, not a Dr. Familiar] attesting that there is psychological incapacity on the part of the respondent to comply with the essential marital obligations has been sufficiently and clearly proven and, therefore, petitioner is entitled to the relief prayed for.
A claim that the marriage is valid as there is no psychological incapacity of the respondent is a speculation and conjecture and without moral certainty. This will enhanced (sic) a greater tragedy as the battered wife/petitioner will still be using the surname of the respondent, although they are now separated, and a grim and sad reminder of her husband who made here a slave and a punching bag during the short span of her marriage with him. The law on annulment should be liberally construed in favor of an innocent suffering petitioner otherwise said law will be an instrument to protect persons with mental illness like the serious anti-social behavior of herein respondent.[8]
THE CA RULING
The Republic appealed the RTC decision to the CA. The CA reversed the RTC decision, ruling that:
True, as stated in Marcos vs Marcos 343 SCRA 755, the guidelines set in Santos vs Court of Appeals and Republic vs Court of Appeals do not require that a physician personally examine the person to be declared psychologically incapacitated. The Supreme Court adopted the totality of evidence approach which allows the fact of psychological incapacity to be drawn from evidence that medically or clinically identify the root causes of the illness. If the totality of the evidence is enough to sustain a finding of psychological incapacity, then actual medical examination of the person concerned need not be resorted to. Applied in Marcos, however, the aggregate testimony of the aggrieved spouse, children, relatives and the social worker were not found to be sufficient to prove psychological incapacity, in the absence of any evaluation of the respondent himself, the person whose mental and psychological capacity was in question.
In the case at bench, there is much scarcer evidence to hold that the respondent was psychologically incapable of entering into the marriage state, that is, to assume the essential duties of marriage due to an underlying psychological illness. Only the wife gave first-hand testimony on the behavior of the husband, and it is inconclusive. As observed by the Court in Marcos, the respondent may have failed to provide material support to the family and has resorted to physical abuse, but it is still necessary to show that they were manifestations of a deeper psychological malaise that was clinically or medically identified. The theory of the psychologist that the respondent was suffering from an anti-social personality syndrome at the time of the marriage was not the product of any adequate medical or clinical investigation. The evidence that she got from the petitioner, anecdotal at best, could equally show that the behavior of the respondent was due simply to causes like immaturity or irresponsibility which are not equivalent to psychological incapacity, Pesca vs Pesca 356 SCRA 588, or the failure or refusal to work could have been the result of rebelliousness on the part of one who felt that he had been forced into a loveless marriage. In any event, the respondent was not under a permanent compulsion because he had later on shown his ability to engage in productive work and more stable relationships with another. The element of permanence or incurability that is one of the defining characteristic of psychological incapacity is not present.
There is no doubt that for the short period that they were under the same roof, the married life of the petitioner with the respondent was an unhappy one. But the marriage cannot for this reason be extinguished. As the Supreme Court intimates in Pesca, our strict handling of Article 36 will be a reminder of the inviolability of the marriage institution in our country and the foundation of the family that the law seeks to protect. The concept of psychological incapacity is not to be a mantra to legalize what in reality are convenient excuses of parties to separate and divorce.
Jocelyn now comes to us via the present petition to challenge and seek the reversal of the CA ruling based on the following arguments:
1. The Court of Appeals went beyond what the law says, as it totally disregarded the legal basis of the RTC in declaring the marriage null and void – Tuason v. Tuason (256 SCRA 158; to be accurate, should be Tuason v. Court of Appeals) holds that "the finding of the Trial Court as to the existence or non-existence of petitioner's psychological incapacity at the time of the marriage is final and binding on us (the Supreme Court); petitioner has not sufficiently shown that the trial court's factual findings and evaluation of the testimonies of private respondent's witnesses vis-à-vis petitioner's defenses are clearly and manifestly erroneous";
2. Article 36 of the Family Code did not define psychological incapacity; this omission was intentional to give the courts a wider discretion to interpret the term without being shackled by statutory parameters. Article 36 though was taken from Canon 1095 of the New Code of Canon Law, which gives three conditions that would make a person unable to contract marriage from mental incapacity as follows:
"1095. They are incapable of contracting marriage:
(1) who lack the sufficient use of reason;
(2) who suffer from grave lack of discretion of judgment concerning essential matrimonial rights and duties which are to be mutually given and accepted;
(3) who are not capable of assuming the essential obligations of matrimony due to causes of a psychic nature."
The decision of the RTC, Jocelyn claims, intelligently conforms to these criteria. The RTC, being clothed with discretionary functions, applied its finding of psychological incapacity based on existing jurisprudence and the law itself which gave lower court magistrates enough latitude to define what constitutes psychological incapacity. On the contrary, she further claims, the OSG relied on generalities without being specific on why it is opposed to the dissolution of a marriage that actually exists only in name.
Simply stated, we face the issue of whether there is basis to nullify Jocelyn's marriage with Angelito under Article 36 of the Family Code.
THE COURT'S RULING
We find the petition devoid of merit. The CA committed no reversible error of law in setting aside the RTC decision, as no basis exists to declare Jocelyn's marriage with Angelito a nullity under Article 36 of the Family Code and its related jurisprudence.
The Law, Molina and Te
Article 36 of the Family Code provides that a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.
A unique feature of this law is its intended open-ended application, as it merely introduced an abstract concept – psychological incapacity that disables compliance with the contractual obligations of marriage – without any concrete definition or, at the very least, an illustrative example. We must therefore apply the law based on how the concept of psychological incapacity was shaped and developed in jurisprudence.
Santos v. Court of Appeals[9] declared that psychological incapacity must be characterized by (a) gravity; (b) juridical antecedence; and (c) incurability. It should refer to "no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage." It must be confined to "the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage."[10]
The Court laid down more definitive guidelines in the interpretation and application of the law in Republic v. Court of Appeals[11] (Molina) as follows:
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in favor of the existence and continuation of the marriage and against its dissolution and nullity. This is rooted in the fact that both our Constitution and our laws cherish the validity of marriage and unity of the family. Thus, our Constitution devotes an entire Article on the Family, recognizing it "as the foundation of the nation." It decrees marriage as legally "inviolable," thereby protecting it from dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the state.
The Family Code echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity.
(2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological – not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties or one of them was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the provision under the principle of ejusdem generis, nevertheless such root cause must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given by qualified psychiatrists and clinical psychologists.
(3) The incapacity must be proven to be existing at "the time of the celebration" of the marriage. The evidence must show that the illness was existing when the parties exchanged their "I do's." The manifestation of the illness need not be perceivable at such time, but the illness itself must have attached at such moment, or prior thereto.
(4) Such incapacity must also be shown to be medically or clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations, not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. x x x
(5) Such illness must be grave enough to bring about the disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes, occasional emotional outbursts" cannot be accepted as root causes. The illness must be shown as downright incapacity or inability, not a refusal, neglect or difficulty, much less ill will. In other words, there is a natal or supervening disabling factor in the person, an adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby complying with the obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code as regards the husband and wife as well as Articles 220, 221 and 225 of the same Code in regard to parents and their children. Such non-complied marital obligation(s) must also be stated in the petition, proven by evidence and included in the text of the decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling or decisive, should be given great respect by our courts x x x
(8) The trial court must order the prosecuting attorney or fiscal and the Solicitor General to appear as counsel for the state. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating therein his reasons for his agreement or opposition, as the case may be, to the petition. The Solicitor General, along with the prosecuting attorney, shall submit to the court such certification within fifteen (15) days from the date the case is deemed submitted for resolution of the court. The Solicitor General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095.[12]
Molina, subsequent jurisprudence holds, merely expounded on the basic requirements of Santos.[13]
A later case, Marcos v. Marcos,[14] further clarified that there is no requirement that the defendant/respondent spouse should be personally examined by a physician or psychologist as a condition sine qua non for the declaration of nullity of marriage based on psychological incapacity. Accordingly, it is no longer necessary to introduce expert opinion in a petition under Article 36 of the Family Code if the totality of evidence shows that psychological incapacity exists and its gravity, juridical antecedence, and incurability can be duly established.[15]
Pesca v. Pesca[16] clarifies that the Molina guidelines apply even to cases then already pending, under the reasoning that the court's interpretation or construction establishes the contemporaneous legislative intent of the law; the latter as so interpreted and construed would thus constitute a part of that law as of the date the statute is enacted. It is only when a prior ruling of this Court finds itself later overruled, and a different view is adopted, that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith in accordance therewith under the familiar rule of "lex prospicit, non respicit."
On March 15, 2003, the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages (A.M. No. 08-11-10 SC, Rules) promulgated by the Court took effect. Section 2(d) of the Rules pertinently provides:
(d) What to allege. – A petition under Article 36 of the Family Code shall specifically allege the complete facts showing that either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriage at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.
The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.
Section 12(d) of the Rules requires a pre-trial brief containing all the evidence presented, including expert opinion, if any, briefly stating or describing the nature and purpose of these pieces of evidence. Section 14(b) requires the court to consider during the pre-trial conference the advisability of receiving expert testimony and such other matters as may aid in the prompt disposition of the petition. Under Section 17 of the Rules, the grounds for the declaration of the absolute nullity or annulment of marriage must be proved.
All cases – involving the application of Article 36 of the Family Code – that came to us were invariably decided based on the principles in the cited cases. This was the state of law and jurisprudence on Article 36 when the Court decided Te v. Yu-Te[17] (Te) which revisited the Molina guidelines.
Te begins with the observation that the Committee that drafted the Family Code did not give any examples of psychological incapacity for fear that by so doing, it would limit the applicability of the provision under the principle of ejusdem generis; that the Committee desired that the courts should interpret the provision on a case-to-case basis, guided by experience, by the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals that, although not binding on the civil courts, may be given persuasive effect since the provision itself was taken from the Canon Law.[18] Te thus assumes it a basic premise that the law is so designed to allow some resiliency in its application.[19]
Te then sustained Santos' doctrinal value, saying that its interpretation is consistent with that of the Canon Law.
Going back to its basic premise, Te said:
Conscious of the law's intention that it is the courts, on a case-to-case basis, that should determine whether a party to a marriage is psychologically incapacitated, the Court, in sustaining the lower court's judgment of annulment in Tuason v. Court of Appeals, ruled that the findings of the trial court are final and binding on the appellate courts.
Again, upholding the trial court's findings and declaring that its decision was not a judgment on the pleadings, the Court, in Tsoi v. Court of Appeals, explained that when private respondent testified under oath before the lower court and was cross-examined by the adverse party, she thereby presented evidence in the form of testimony. Importantly, the Court, aware of parallel decisions of Catholic marriage tribunals, ruled that the senseless and protracted refusal of one of the parties to fulfill the marital obligation of procreating children is equivalent to psychological incapacity.
With this as backdrop, Te launched an attack on Molina. It said that the resiliency with which the concept should be applied and the case-to-case basis by which the provision should be interpreted, as so intended by its framers, had, somehow, been rendered ineffectual by the imposition of a set of strict standards in Molina. Molina, to Te, has become a strait-jacket, forcing all sizes to fit into and be bound by it; wittingly or unwittingly, the Court, in conveniently applying Molina, has allowed diagnosed sociopaths, schizophrenics, nymphomaniacs, narcissists and the like, to continuously debase and pervert the sanctity of marriage.
Te then enunciated the principle that each case must be judged, not on the basis of a priori assumptions, predilections or generalizations, but according to its own facts. Courts should interpret the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological disciplines, and by decisions of church tribunals.
As a final note though, Te expressly stated that it is not suggesting the abandonment of Molina, but that, following Antonio v. Reyes, it merely looked at other perspectives that should also govern the disposition of petitions for declaration of nullity under Article 36. The subsequent Ting v. Velez-Ting[20] follows Te's lead when it reiterated that Te did not abandon Molina; far from abandoning Molina, it simply suggested the relaxation of its stringent requirements, cognizant of the explanation given by the Committee on the Revision of the Rules on the rationale of the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages:[21]
To require the petitioner to allege in the petition the particular root cause of the psychological incapacity and to attach thereto the verified written report of an accredited psychologist or psychiatrist have proved to be too expensive for the parties. They adversely affect access to justice of poor litigants. It is also a fact that there are provinces where these experts are not available. Thus, the Committee deemed it necessary to relax this stringent requirement enunciated in the Molina Case. The need for the examination of a party or parties by a psychiatrist or clinical psychologist and the presentation of psychiatric experts shall now be determined by the court during the pre-trial conference.
Te, therefore, instead of substantially departing from Molina,[22] merely stands for a more flexible approach in considering petitions for declaration of nullity of marriages based on psychological incapacity. It is also noteworthy for its evidentiary approach in these cases, which it expounded on as follows:
By the very nature of Article 36, courts, despite having the primary task and burden of decision-making, must not discount but, instead, must consider as decisive evidence the expert opinion on the psychological and mental temperaments of the parties.
Hernandez v. Court of Appeals emphasizes the importance of presenting expert testimony to establish the precise cause of a party's psychological incapacity, and to show that it existed at the inception of the marriage. And as Marcos v. Marcos asserts, there is no requirement that the person to be declared psychologically incapacitated be personally examined by a physician, if the totality of evidence presented is enough to sustain a finding of psychological incapacity. Verily, the evidence must show a link, medical or the like, between the acts that manifest psychological incapacity and the psychological disorder itself.
This is not to mention, but we mention nevertheless for emphasis, that the presentation of expert proof presupposes a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a grave, severe and incurable presence of psychological incapacity.[23] [Underscoring supplied]
This evidentiary approach is repeated in Ting v. Velez-Ting.[24]
Under this evolutionary development, as shown by the current string of cases on Article 36 of the Family Code, what should not be lost on us is the intention of the law to confine the application of Article 36 to the most serious cases of personality disorders, clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage; that the psychological illness that must have afflicted a party at the inception of the marriage should be a malady so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond he or she is about to assume.[25] It is not enough that the respondent, alleged to be psychologically incapacitated, had difficulty in complying with his marital obligations, or was unwilling to perform these obligations. Proof of a natal or supervening disabling factor – an adverse integral element in the respondent's personality structure that effectively incapacitated him from complying with his essential marital obligations – must be shown.[26] Mere difficulty, refusal or neglect in the performance of marital obligations or ill will on the part of the spouse is different from incapacity rooted in some debilitating psychological condition or illness; irreconcilable differences, sexual infidelity or perversion, emotional immaturity and irresponsibility and the like, do not by themselves warrant a finding of psychological incapacity under Article 36, as the same may only be due to a person's refusal or unwillingness to assume the essential obligations of marriage.[27]
If all these sound familiar, they do, for they are but iterations of Santos' juridical antecedence, gravity and incurability requisites. This is proof of Santos' continuing doctrinal validity.
The Present Case
As the CA did, we find Jocelyn's evidence insufficient to establish Angelito's psychological incapacity to perform essential marital obligations. We so conclude based on our own examination of the evidence on record, which we were compelled to undertake because of the differences in the trial court and the appellate court's appreciation and evaluation of Jocelyn's presented evidence.
a. The Expert Opinion Evidence
Both the psychologist's testimony and the psychological report did not conclusively show the root cause, gravity and incurability of Angelito's alleged psychological condition.
We first note a critical factor in appreciating or evaluating the expert opinion evidence – the psychologist's testimony and the psychological evaluation report – that Jocelyn presented. Based on her declarations in open court, the psychologist evaluated Angelito's psychological condition only in an indirect manner – she derived all her conclusions from information coming from Jocelyn whose bias for her cause cannot of course be doubted. Given the source of the information upon which the psychologist heavily relied upon, the court must evaluate the evidentiary worth of the opinion with due care and with the application of the more rigid and stringent set of standards outlined above, i.e., that there must be a thorough and in-depth assessment of the parties by the psychologist or expert, for a conclusive diagnosis of a psychological incapacity that is grave, severe and incurable.
In saying this, we do not suggest that a personal examination of the party alleged to be psychologically incapacitated is mandatory; jurisprudence holds that this type of examination is not a mandatory requirement. While such examination is desirable, we recognize that it may not be practical in all instances given the oftentimes estranged relations between the parties. For a determination though of a party's complete personality profile, information coming from persons intimately related to him (such as the party's close relatives and friends) may be helpful. This is an approach in the application of Article 36 that allows flexibility, at the same time that it avoids, if not totally obliterate, the credibility gaps spawned by supposedly expert opinion based entirely on doubtful sources of information.
From these perspectives, we conclude that the psych`ologist, using meager information coming from a directly interested party, could not have secured a complete personality profile and could not have conclusively formed an objective opinion or diagnosis of Angelito's psychological condition. While the report or evaluation may be conclusive with respect to Jocelyn's psychological condition, this is not true for Angelito's. The methodology employed simply cannot satisfy the required depth and comprehensiveness of examination required to evaluate a party alleged to be suffering from a psychological disorder. In short, this is not the psychological report that the Court can rely on as basis for the conclusion that psychological incapacity exists.
Other than this credibility or reliability gap, both the psychologist's report and testimony simply provided a general description of Angelito's purported anti-social personality disorder, supported by the characterization of this disorder as chronic, grave and incurable. The psychologist was conspicuously silent, however, on the bases for her conclusion or the particulars that gave rise to the characterization she gave. These particulars are simply not in the Report, and neither can they be found in her testimony.
For instance, the psychologist testified that Angelito's personality disorder is chronic or incurable; Angelito has long been afflicted with the disorder prior to his marriage with Jocelyn or even during his early developmental stage, as basic trust was not developed. However, she did not support this declaration with any factual basis. In her Report, she based her conclusion on the presumption that Angelito apparently grew up in a dysfunctional family. Quite noticeable, though, is the psychologist's own equivocation on this point – she was not firm in her conclusion for she herself may have realized that it was simply conjectural. The veracity, too, of this finding is highly suspect, for it was based entirely on Jocelyn's assumed knowledge of Angelito's family background and upbringing.
Additionally, the psychologist merely generalized on the questions of why and to what extent was Angelito's personality disorder grave and incurable, and on the effects of the disorder on Angelito's awareness of and his capability to undertake the duties and responsibilities of marriage.
The psychologist therefore failed to provide the answers to the more important concerns or requisites of psychological incapacity, all of which are critical to the success of Jocelyn's cause.
b. Jocelyn's Testimony
The inadequacy and/or lack of probative value of the psychological report and the psychologist's testimony impel us to proceed to the evaluation of Jocelyn's testimony, to find out whether she provided the court with sufficient facts to support a finding of Angelito's psychological incapacity.
Unfortunately, we find Jocelyn's testimony to be insufficient. Jocelyn merely testified on Angelito's habitual drunkenness, gambling, refusal to seek employment and the physical beatings she received from him – all of which occurred after the marriage. Significantly, she declared in her testimony that Angelito showed no signs of violent behavior, assuming this to be indicative of a personality disorder, during the courtship stage or at the earliest stages of her relationship with him. She testified on the alleged physical beatings after the marriage, not before or at the time of the celebration of the marriage. She did not clarify when these beatings exactly took place – whether it was near or at the time of celebration of the marriage or months or years after. This is a clear evidentiary gap that materially affects her cause, as the law and its related jurisprudence require that the psychological incapacity must exist at the time of the celebration of the marriage.
On the whole, the CA correctly reversed the RTC judgment, whose factual bases we now find to be clearly and manifestly erroneous. Our ruling in Tuason recognizing the finality of the factual findings of the trial court in Article 36 cases (which is Jocelyn's main anchor in her present appeal with us) does not therefore apply in this case. We find that, on the contrary, the CA correctly applied Article 36 and its related jurisprudence to the facts and the evidence of the present case.
WHEREFORE, premises considered, we DENY the petition for lack of merit. We AFFIRM the appealed Decision of the Court of Appeals in CA-G.R. CV No. 62443. Costs against the petitioner.
ARTURO D. BRION
MARIANO C. DEL CASTILLO
JOSE PORTUGAL PEREZ
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson's Attestation, it is hereby certified that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Court's Division.
REYNATO S. PUNO
[1] Penned by Associate Justice Mario L. Guariña III, and concurred in by Associate Justice Marina L. Buzon and Associate Justice Santiago Javier Rañada (both retired).
[2] Penned by Judge Pedro de Leon Gutierrez.
[3] TSN, March 31, 1998, pp. 16-17.
[4] TSN, July 16, 1998, pp. 15-22.
[5] Record, pp. 36-39.
[6] Parenthetical notes supplied.
[7] The RTC enumerated the requisites as follows: (1) that psychological incapacity refers to no less than a mental not physical incapacity; (2) that the law intended psychological incapacity to be confined to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to marriage; and (3) that the psychological condition must exist at the time of the marriage and must be characterized by gravity, juridical antecedence and incurability. See citation at note 9.
[9] 310 Phil 21 (1995).
[11] 335 Phil. 664 (1997).
[12] Id. at 676-680.
[13] See Marcos v. Marcos, 397 Phil. 840, 850 (2000).
[15] Id. at 850.
[16] 408 Phil. 713, 720 (2001).
[17] G.R. No. 161793, February 13, 2009, 579 SCRA 193.
[20] G.R. No. 166562, March 31, 2009.
[21] A.M. No. 02-11-10-SC.
[22] A step that Te, a Third Division case, could not have legally undertaken because the Molina ruling is an En Banc ruling, in light of Article VIII, Section 4(3) of the Constitution.
[23] Supra note 16, pp. 231-232.
[24] Supra note 19.
[25] See So v. Valera, G.R. No. 150677, June 5, 2009, and Padilla-Rumbaua v. Rumbaua, G.R. No. 166738, August 14, 2009.
[26] Id., Padilla-Rumbaua v. Rumbaua.
[27] Navales v. Navales, G.R. No. 167523, June 27, 2008, 556 SCRA 272, 288-289.
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LEGAL ADVICE 0002: VERY RECENT DECISION ON ANNULMENT OF MARRIAGE ……
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College of Business Alumnus Challenges Class of 2013
by Bill Wyatt
Allison von Hausen ('13) spent hours on end in James Madison University's Gaglioti Capital Markets Lab. As a double major in finance and management, the Fairfax, Va. native became certified on the lab's Bloomberg terminals, the industry elite of financial databases. von Hausen knows that, without the generosity of Enrico Gaglioti ('94), she would have never had that experience as an undergraduate.
"I was in the capital markets laboratory every week. It helped me to gain actual market knowledge and makes you more marketable when it comes time to find a job," she said.
After graduation, von Hausen will spend some time traveling and then report for her new position at Apple in California. As a scholarship recipient, she knows that her success is a measure of those who went before her.
So when the College of Business' commencement speaker, entrepreneur Don Rainey ('82), challenged the CoB class of 2013 to give back, von Hausen knew exactly why.
Drawing on his personal experience, Rainey encouraged graduates to, "Be brave," explaining that luck flows to those who act bravely and take chances.
Beginning a tradition of giving back to the university, Rainey suggested, is a way to provide for those brave students who follow by ensuring the quality of the College of Business.
"Giving back is a way to thank the professors who have invested in you. Even if you don't do it the next 2 weeks, it is never too early or too late to thank a teacher," Rainey said.
Rainey offered to match the graduates' collective gifts to the university up to $10,000.
Accounting major Andrew Frank ('13) has already given to the university several times.
"I've only ever given $5 at time while I was a student," Frank said. "But it is so important to create the habit of giving even if it is a small amount."
Frank said he gives because of the CoB faculty.
"The accounting faculty that I've had over the years are people I consider not just professors but friends and mentors," he said. "Their dedication to building relationships and connections beyond the classroom is unbelievable. We need to make sure they are here for future CoB graduates."
When asked about Rainey's challenge, Frank said, "Being asked for a financial donation on graduation day is really tough to hear but it is of the utmost importance. Our gift helps to make the College of Business as good as or better than when we left it."
Don Rainey is a venture capitalist, a 1982 graduate of James Madison University and currently a member of the university's Board of Visitors. After judging the College of Business' business plan competition for eleven years, Rainey stepped up with his friend and fellow judge Wayne Jackson ('85) to endow the student awards for the capstone experience of the COB 300 course. This generous gift to the Jackson-Rainey Business Plan Competition ensures that the outstanding individual and team efforts of students working to produce integrated business plans will continue to be celebrated and rewarded. For over a decade students have reflected positively on the practical impact of the immersive, collaborative and team-based learning experienced in creating a business plan, and have reported it as a significant factor preparing them for success after graduation.
Published: Thursday, April 25, 2013
Last Updated: Monday, September 10, 2018


This Is Hell! | We simply have better ideas: What the left loses in free speech battles.
We simply have better ideas: What the left loses in free speech battles.
Even if the speaker has heinous beliefs, the more you make it acceptable, and natural and typical as a tactic to push speakers out from existing public forums, you erode the social value of the freedom of speech. And that's the thing about free speech - it's not that all beliefs are legitimate or have a place in the dialogue - it's that when you erode the social norm or legal norm, you end up inhibiting the scope of speech for everyone. And that always hurts dissenters the most.
Current Affairs Editor Nathan J. Robinson explains why the left must think strategically about its methods and objectives when confronting far-right speech, and building its own arguments not just in the cultural sphere, but on the political and economic battlegrounds it has ceded for a generation.
Nathan wrote the articles We'll Beat the Fascists with Ideas, Not Fists for In These Times and Thinking Strategically About Free Speech and Violence and Response to A Critique on Free Speech and Violence for Current Affairs.
Nathan J. Robinson is a writer and Editor of Current Affairs.


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December 27, 2017 April 17, 2018 by pnxblaw
Border Security: America's Front Line – Season 1, Episode 11
In this episode of Border Security two segments show travelers from Canada applying for admission to the US in visitor status. In one segment, the travelers were able to convince the inspecting officer that they would only be engaged in legitimate activities while in the US. In the other, the evidence the traveler presented suggested that he would engage in unauthorized employment, and thus his application for admission was denied.
The Hikers
The TV narrative
Three Canadian¹ college students en route to Mt. Baker were referred to secondary inspection. The questions related to the car that they were driving because it belonged to a friend of one of the students.
"Does he know you have it?"
"Did he say it was ok for you to drive it across the border?"
"Did he give you a letter that says you are authorized to drive his car in a foreign country?"
"He didn't give me a letter."
And, then, after an awkward silence, "how do I know you didn't steal it and he hasn't reported it stolen yet?" The officer almost begins to smile after asking this question, then instructs the three Canadian students to sit on the bench while he inspects the vehicle. After checking the vehicle against a database of cars reported stolen, the inspecting officer admits them to the United States.
Section 101(a)(15)(B) of the Immigration and Nationality Act ("INA") and section 214.2(b) of the Code of Federal Regulations define non-immigrant visitor status. US Customs and Border Protection's ("CBP") Inspectors Field Manual explains how this agency interprets the law. Every applicant for admission to the United States in visitor status must be able to demonstrate that he or she:
has a residence outside the US that he or she does not intend to abandon,
is entering the United States temporarily, and
will engage only in legitimate activities while in the United States.
What happened here
Since these applicants for admission were college students in Canada, there was likely little, if any concern over whether they met the first two requirements. As seen on TV, the inspecting officer wanted to make sure they were engaging in legitimate activities, namely lawful possession and operation of the vehicle they were using. After he checked the status of the vehicle to confirm that it was not reported stolen, this concern was addressed and they were admitted to the United States.
The Draftsman
TV Narrative
On his way to North Carolina by way of the Blue Water Bridge port of entry in Michigan a Canadian draftsman was referred to secondary inspection. His reason for visiting the United States was that his boss asked him to come down and meet with a manager. According to the traveler, he draws "process layouts" for a Canadian company and its sister plant in North Carolina. The inspecting officer appeared to be concerned that he would be working in the US, despite assurances from the traveler that "these are just meetings."
According to the inspecting officer, "he didn't have a visa. He only had a very vague business letter that didn't specify exactly what he was going to be doing." This letter also stated that the traveler was coming to the US to do "consulting." Further inspection and questioning revealed that this traveler had been refused admission the US before because CBP though he was "comin' in to take somebody's job." Additionally, CBP officers discovered that he was not truly an employee of the Canadian company, but rather an independent contractor. Based on the information that the inspecting officer had, she determined that this traveler may require a work visa, and told him that he cannot "consult with a United States company without prior visas."
As noted above, applicants for admission to the US in visitor status must show a residence abroad that they do not intend to abandon, temporary travel to the US, and legitimate activities while in the US. "Legitimate activities" while in the US includes declining unauthorized employment. Although coming to the US to "consult with business associates" is specifically authorized by the the Inspector's Field Manual, almost all paid work is prohibited in visitor status.
Many business travelers can unwittingly cross the line between legitimate meetings with business associates and unauthorized employment. Here, it appears that the Canadian traveler was involved in drafting the plans for an industrial operation in North Carolina. U.S. immigration law permits him to be admitted as a visitor for meetings with managers and viewing the space he is designing. The problem is that it's too easy for him to open up his laptop and continue editing his drafting plans while he's there. Once he takes this step, he's crossed the line into unauthorized employment territory.
The letter this traveler presented in support of his application for admission to the US did not specifically describe his activities, except that he would be "consulting." Combined with the ease of performing hands-on professional work in this case, the evidence he presented was insufficient to convince the inspecting officer that he would only be engaged in legitimate activities in the US. Accordingly, his application for admission was denied.
Applicants for admission to the United States in visitor status must show (1) a residence abroad that they do not intend to abandon, (2) plans for a temporary stay in the US, and (3) that they will engage only in legitimate activities. "Legitimate activities" includes not only the obvious (e.g. not driving a stolen car) but also declining unauthorized employment. In this episode of Border Patrol, officers were able to confirm that the Canadian college students met the requirements for visitor status after checking their friends car against the database of stolen vehicles. The Canadian draftsman on the other hand was denied admission as a visitor because he could not demonstrate that he would not be engaged in unauthorized employment.
¹ The narrator describes them as Canadian, but their passports look like they were issued by a different country.
Border Security: America's Front Line	8 CFR, 8 CFR 214.2(b), border crossing, Border security, Border Security: America's Front Line, Canadian, Department of Homeland Security, INA 101(a)(15)(B), U.S. Customs and Border Protection, visa
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The campground is reserved for use by campers and their guests, who have duly registered in accordance with the laws on public security. Upon arrival, campers and their guests are requested to produce a valid identification document to management for registration and signing of the internal rules.
Minors are only allowed if accompanied by a parent or adult relative; children must always be accompanied by an adult in the use of the toilets and shower areas. Management shall not accept liability or responsibility for any accidents caused to unsupervised children.
Guests are allowed in the campground upon notification and with the consent of management. They can only enter on foot, their car must be parked outside without management accepting any responsibility. They must show their ID documents and the stay is free for the first hour, after which, the current daily rate will be charged allowing them to access the campground from 9.00am to 10.00pm.
The rates applied remain the same as last year.
Clients are required to pay the balance of their stay in a mobile home within 3 days of arrival. The mobile home shall be available to clients from 4.00pm on the day of registration and must be vacated by 10.00am of the departure day.
Payment of the bill for renting a lot must be made preferably within the afternoon of the day prior to departure, by 6.00pm. The cash office opens at 9.30am. The lot must be vacated by 10.00am on the agreed day of departure. After this time, customers will be charged for an extra day.
Campers who occupy a lot with their things or equipment will be charged the current daily rate for this lot.
It is absolutely forbidden to erect any type of fencing; any unauthorised structures shall be removed without notice.
The speed limit inside the camping ground is strictly 5 km per hour. Campers are obligated to observe the travelling direction.
Customers must respect the quiet hours: the campground gates will be closed to traffic from 2.00pm to 3.30pm and from 12.00am to 8.00am; therefore, campers who need to use their vehicle during these times are requested to park their vehicle outside the campground beforehand. During this quiet time, it is also prohibited to take part in any activity that may disturb others, such as noisy get-togethers or loud television or music. Our custodians shall make sure that these hours of quiet are respected.
In any case, even outside these quiet hours, customers must not disturb others with loud noise and rowdy behaviour.
Household linen and tableware must be washed in the sinks provided outside the hours of quiet.
The customer is responsible for keeping the areas assigned to them clean and tidy. Waste must be closed in bags and thrown in the bins provided at the entrance of the campground. Glass, paper and plastic must be collected separately. Please do not disperse any waste into the environment. People who live at "Camping al Lago" love a clean environment.
Any objects found in the campground and bathrooms must be handed over to management. Camping al Lago shall not be held responsible for the loss or theft of objects and personal belongings.
Camping al Lago is not liable for damages to people or things caused by natural disasters, vandalism, or the falling of trees or branches.
Management shall not be held liable or responsible for any accidents occurring inside the perimeter of the campground during sporting or leisure activities, unless caused by internal faults or negligence by the Camping al Lago staff. Any traumas caused, for example, by sporting collisions or accidental falls are not covered by insurance.
Dogs must be kept on a leash. They must be accompanied outside the camping ground to do their "business" and owners are responsible for cleaning any mess they make inside the campground. Owners are personally responsible for any damage caused to people or things.
In case of suspension of electricity supply by ENEL or water supply by BIM, management shall not accept any responsibility and is not liable to pay compensation for any damages caused to people or things.
wash cars, caravans, boats, etc.
Management has the right to remove any guests from the campground who do not abide by the afore-mentioned rules.


Updated Trends: Some cancers that are common in women include breast, melanoma, lung, ovarian, colon and cervical cancer. A diagnosis of cancer can be very frightening and can also lead to stress. However, women can always take precautions to avoid such types of cancer, as prevention is always better than cure.
1.	Exercise – Regular exercise can help in preventing some of related conditions such as diabetes, heart problems and even cancer. Women should work out for at least 90 minutes in a week to keep themselves fit.
2.	Healthy food – A woman's diet should include plenty of fresh and organic fruits and vegetables which contain antioxidants. These antioxidants help in the protection of the cells from getting damaged and also lower the risk of developing cancer.
3.	Mammograms – Women after the age of 40 should regularly get a mammogram done so as to detect any cancer which could possibly be in the early stages. Women who have a family history of the diseases must go for regular check-ups before the age of 40.
4.	Quit smoking – Women who smoke should quit at the earliest before its too late. Cigarettes can cause lung cancer which is extremely difficult to treat. Quitting alcohol, carbonated drinks and unhealthy food is also a must.
5.	Skin protection – Always protect your skin from sun by applying sun tan lotion. Those who swim should use a water proof sun tan lotion so as to protect the skin from UV rays. Make it a habit to carry a sun umbrella when you go out in the sun to prevent your skin from getting damaged by the harmful UV rays.
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Prava žena () hrvatska je  telenovela, snimana 2016 i 2017. godine.

U Srbiji se od 12. novembra 2018. godine do 18. januara 2019. premijerno emitovala na kablovskom kanalu Prva World.

Sinopsis

Nikola je muškarac koji ne uspeva pohvatati konce života, iako već ima odraslu kćer. Njegova mala Maja, nesrećno je zaljubljena u najpopularnijeg dečka iz hokejaškog kluba, zgodnog Harija, ali on je ne primećuje. Upravo tu počinju Nikoline nevolje. Kako bi napokon zablistala kao prava dama, Maja se prijavljuje u rijaliti šou "Prava žena", a njen otac to saznaje tek kada je ugleda na snimanju emisije. Nikola tada uviđa koliko je njegova kćer nesrećna i nezadovoljna te da je zapravo postala žena dok je on provodio vreme u piću i u društvu nepoznatih žena.

Kako bi sprečio Maju da napravi životnu grešku, zapošljava se kod prijatelja Slavena. Inače, Slavenova firma radi ketering za sve učesnike rijaliti šou programa "Prava žena". Ruža, koja iza sebe ima pet brakova je glavni vođa šou programa. U emisiji se pojavljuju i tri mentorke: Danijela, Sanda i Patricija. Ove tri mentorke kriju veliku tajnu svog privatnog života.

Konce celog šou programa drži mlada Nataša, žena čija je glavna briga zapravo daleko od seta te emisije. Nataša živi jednoličnim životom u kojem joj je najvažnije da čuva svog bolesnog brata Vedrana. Naime, ispod njenog hladnog izgleda krije se krhka dama koja vapi za ljubavlju i muškarcem u čijem naručju će biti srećna i sigurna. Zbog brige oko brata potpuno zanemaruje svoj ljubavni život, sve dok u njega ne ušeta Nikola.

Zanimljivosti o seriji
 "Prava žena" rađena je u produkciji -{OHT productions}-, serija je rađena prema ideji glumice i scenaristice Jelena Veljača, te scenaristice Nataša Buljan i direktora programa Milo de Grisogono.
 U seriji se pojavljuje srpski glumac Petar Strugar.
 Klapa prve scene Prave žene pala je u proleće 2016.
 Na projektu je radilo više od 150 ljudi, a izgrađen je i poseban set u Jadran filmu koji se prostire na više od 2000 kvadratnih metara dok su eksterijeri snimani na brojnim prepoznatljivim zagrebačkim lokacijama. Na scenariju je radilo deset osoba.
 Naslovnu numeru serije otpevao je Petar Grašo.
 U prvoj sceni Franjine sahrane, između ostalih tu je i Nataša, međutim već od sledeće scene sahrane, nje nema. Kasnije, prilikom povratka sa groblja u Ružinu vilu, Nataša je ponovo tu.

Uloge

Međunarodno emitovanje

Reference

Spoljašnje veze

Hrvatske telenovele
Хрватске серије које су се почеле приказивати 2016.
Хрватске серије које су се престале приказивати 2017.
Теленовеле на хрватском језику

redpajama_set_name: RedPajamaWikipedia


text:
Санаёль — река в России, протекает в Республике Коми. Устье реки находится в 88 км по правому берегу реки Исакова. Длина реки составляет 28 км. Приток — Малый Санаёль.

Данные водного реестра
По данным государственного водного реестра России относится к Двинско-Печорскому бассейновому округу, водохозяйственный участок реки — Печора от водомерного поста у посёлка Шердино до впадения реки Уса, речной подбассейн реки — бассейны притоков Печоры до впадения Усы. Речной бассейн реки — Печора.

По данным геоинформационной системы водохозяйственного районирования территории РФ, подготовленной Федеральным агентством водных ресурсов:
 Код водного объекта в государственном водном реестре — 03050100212103000064235
 Код по гидрологической изученности (ГИ) — 103006423
 Код бассейна — 03.05.01.002
 Номер тома по ГИ — 03
 Выпуск по ГИ — 0

Примечания

Притоки Исаковы
Реки района Печора
Реки Сосногорского района


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I love to try all kinds of makeup, skincare and pet products.
If you're interested in having me do a review, feel free to contact me.
please send an email to conniereviewsblog@gmail.com.


Review: Following on from the Distant Air EP, bright young things Anushka come back to Brownswood to deliver their debut album, showing off a distinctive twist on R&B that worms subtle flecks of minimal electronics, house music and more into a melancholic, richly melodic soulful whole. "Never Can Decide" is loaded with crossover appeal with its bombastic chorus sweeps while keeping a delicacy in the production that keeps the music on the right path. Really though it's Victoria Port's vocals that shape out the identity of Anushka, charged with just the right kind of energy to worm into many an ear as the Brighton-based duo spread their wings.
Review: Building on his Brownswood debut earlier this year - "Go See" on the label's deep-digging We Out Here collection - Ezra Collective's pianist and composer lays down his most expansive and expressive body of work to date. Weighing in at near album size, it's a powerful experience from the off as Afrikan Revolution's Asheber sets a political framework and sense of freshness and unity on the title track. Elsewhere we're treated to hazy bluesy hip-hop on "Ragify", raw freeform fizz on "London's Face" and soul-soothing narratives in the form of "Mollison Dub". Stunning.
Review: The Highlife party by Brian d'Souza (aka Auntie Flo) in his hometown of Glasgow has been integral in establishing a new style of club music - merging electronic and world influences. He joins the Brownswood roster to deliver his third and most ambitious album: a natural companion piece to his Radio Highlife show on Worldwide FM (run by Brownswood boss Gilles Peterson) and the club night which he co-founded - known playing music from West Africa and Latin America. Contributions on the album come from a globetrotting cast of friends, including the inimitable Andrew Ashong, Laurie Pitt of local outfit Golden Teacher, Senegalese multi-instrumentalist Mame Ndiack and Cuban percussionist Yissy Garcia.
Emma-Jean Thackray - "Ley Lines"
Puma Blue - "Only Trying 2 Tell U"
Oscar #Worldpeace - "No White God"
Beatchild & The Slakadeliqs - "In My Arms"
Alxndr London - "Jury Judge Executioner"
Yazmin Lacey - "Something My Heart Trusts"
Review: The Gilles Peterson curated "Brownswood Bubblers" series has long been one of the most reliable sources of new music from previously unheralded artists, so it's no surprise that this thirteenth edition is packed to the rafters with high-grade gear. Peterson takes a widescreen approach, drawing together tracks in a variety of styles that in some way touch on soul or jazz. Highlights include the smoky, 21st century Portishead flex of Wu-Lu's "Sailor", the sparkling '80s soul revivalism of Lynda Dawn's brilliant "Move", the intergalactic jazz-funk flex of "Continue The Fun (Space Version)" by The Mauskovic Dance Band, and the shuffling jazz-soul bliss of Tiana Khasi's "Nuketown".
Maisha - "Inside The Acorn"
Ezra Collective - "Pure Shade"
Moses Boyd - "The Balance"
Shabaka Hutchings - "Black Skin Black Masks"
Joe Armon-Jones - "Go See"
Review: Brownswood Recordings has high hopes for this debut album from the previously unheralded Yussef Kamaal, which brings together hyped producer Kamaal Williams (AKA Henry Wu) and fast-rising Afrobeat drummer Yussef Dayes. With such talent to draw on, you'd expect Black Focus to be rather good. Happily, it is, with the duo delivering a typically London-centric take on jazz funk. That means that they take as much inspiration from the work of Kaidi Tatham as, say, Herbie Hancock. The key to the album's success - and, yes, it is generally as special as Gilles Peterson suggests - is the fluid combination of Dayes' brilliant drumming and Williams' superb synth solos and effortlessly groovy Rhodes playing.


Angry Asian Buddhist: Off to Obon!
In a little bit, I'm going to get some vegan ramen and head off to the Obon festival at Gardena Buddhist Church. No doubt, I will (be trying to) dance.
This video is from last year's Higashi Honganji Obon. Check out all those young Buddhists! I'm somewhere in there. If you're in Northern California, check out the Buddhist Church of Oakland, which is holding its Obon Baazar this weekend.