text:
Q: NFS / DRBD / XFS Performance issues we have a NFS sitting on top of XFS and drbd which delivers us a horrible performance (about 1MB/s read / write as shown in iostat/iotop)
the xfs volume properties are:
meta-data=/dev/drbd0             isize=256    agcount=4, agsize=52427198 blks
         =                       sectsz=512   attr=2
data     =                       bsize=4096   blocks=209708791, imaxpct=25
         =                       sunit=0      swidth=0 blks
naming   =version 2              bsize=4096   ascii-ci=0
log      =internal               bsize=4096   blocks=16384, version=2
         =                       sectsz=512   sunit=0 blks, lazy-count=1
realtime =none                   extsz=4096   blocks=0, rtextents=0
and we have a Dell Box with an SAS1068E Controller and 2 WD 1TB Disks
The volume is currently mounted with the properties:
rw,noatime,nodiratime,attr2,nobarrier,logbufs=8,noquota

The filesystem contains tons of small files all about 50-100k in size, they are spread around in the directory tree.
We tried playing around with ReadAhead Values (currently disabled) and the xfs mount options but nothing seemed successful so far.
We noticed in the iotop that kdmflush is the process that causes the iowait
Any suggestions to improve the Performance of this Setup?

A: The short answer is that your disk system is woefully underspec for what you're trying to do.
1MB/sec is fairly typical of random IO performance on RAID1 on SATA disks. EG, see wmarow's iops anr raid calculator here. Putting two Barracuda ES.2 SATA disks in a RAID10 (effectively the same as a RAID1), setting 100% writes with 0% write cache hit shows an estimated 0.57MB/sec of throughput. Real-world performance may be different, but it's not going to be massively different.
The fact that you identify kdmflush as the responsible kernel process reinforces this - if your disk system is not able to handle the load, it will result in more time spend in iowait in this process. kdmflush is the device-mapper flush process, which handles deferred work due to loading elsewhere.
There are a couple of ways of improving this - get more disks, get better disks, or turn on write caching on the controller.
If you turn on write caching, you will want to get a BBU as well. The BBU may not be an option for the onboard SAS1068E though, so you may have to get a PCI-e controller.
I saw abysmal performance with DRBD when the RAID controllers I was using (3ware 9550 I believe) did not have write cache enabled. Your DRBD loading will be mostly random IO, so write caching will have a significant effect on performance.
The SAS1068E is very low end, and may also be contributing to the problem. If you get more disks or better disks, I'd suggest getting a better controller as well.
A quick google search reveals similarly poor performance with the same model RAID controller you are using.

A: 1 MB/s sounds familiar. At a guess, your problem is less XFS and more in the DRBD layer. If block replication on DRBD is slow for some reason, it is entirely reasonable for kdmflush to be causing lots of IOWAIT. That speed sounds like the network connection between the two DRBD hosts is not being negotiated well.
Again, a guess, but that speed sounds a lot like a TCP connection without TCP Windows working correctly. It should be pretty obvious on a network trace, as the traffic will look like packet, ack, packet, ack, packet, ack rather than  many packets and one ack.
If the iotop is being run on a client mounting the NFS share rather than the NFS server itself, when take a look at that connection as well as the DRBD connection.

A: Use more than a 10Mbps network for your DRBD replication.  Your disk I/O on a DRBD device is limited to the network speed (unless you use a protocol other than C, which is what you do if you want your data to become corrupted and useless).  To test that it is your network causing the problems, disconnect the primary from the secondary and your I/O rate will probably shoot right up.


text:
Molecular cloning of human class IV alcohol dehydrogenase cDNA
Hirokazu Yokoyama, Enrique Baraona, Charles S. Lieber
A cDNA encoding a new type of alcohol dehydrogenase was cloned from a human stomach cDNA library. PCR amplification of 5'-stretch human stomach λgt11 library, using degenerate inosine-containing oligonucleotide probes compatible with peptide sequences of human σ-ADH, resulted in a single product. Subsequently, internal non-degenerate primers were constructed according to the sequences occurring in the product. By PCR with combinations its 5' and 3' ends were amplified. The full length cDNA sequence has 1125 nucleotides with a 72% similarity to those of human class I ADH. The polypeptide sequence, predicted from the cDNA, corresponds to 373 amino acids with a high degree of similarity (96%) to fragments of σ-ADH previously reported. Northern hybridization analysis with the specific probe for the mRNA of this protein showed that it is expressed in the human stomach but not in the liver. These data indicate that the cDNA we cloned is that of human class IV ADH.
Biochemical and Biophysical Research Communications
https://doi.org/10.1006/bbrc.1994.2170
Published - 1994 Jan 1
10.1006/bbrc.1994.2170
Dive into the research topics of 'Molecular cloning of human class IV alcohol dehydrogenase cDNA'. Together they form a unique fingerprint.
alcohol dehydrogenase IV Medicine & Life Sciences 100%
Molecular Cloning Medicine & Life Sciences 65%
Complementary DNA Chemical Compounds 58%
Stomach Medicine & Life Sciences 20%
Oligonucleotide Probe Chemical Compounds 14%
Inosine Medicine & Life Sciences 12%
Alcohol Dehydrogenase Medicine & Life Sciences 12%
Peptides Medicine & Life Sciences 11%
Yokoyama, H., Baraona, E., & Lieber, C. S. (1994). Molecular cloning of human class IV alcohol dehydrogenase cDNA. Biochemical and Biophysical Research Communications, 203(1), 219-224. https://doi.org/10.1006/bbrc.1994.2170
Molecular cloning of human class IV alcohol dehydrogenase cDNA. / Yokoyama, Hirokazu; Baraona, Enrique; Lieber, Charles S.
In: Biochemical and Biophysical Research Communications, Vol. 203, No. 1, 01.01.1994, p. 219-224.
Yokoyama, H, Baraona, E & Lieber, CS 1994, 'Molecular cloning of human class IV alcohol dehydrogenase cDNA', Biochemical and Biophysical Research Communications, vol. 203, no. 1, pp. 219-224. https://doi.org/10.1006/bbrc.1994.2170
Yokoyama H, Baraona E, Lieber CS. Molecular cloning of human class IV alcohol dehydrogenase cDNA. Biochemical and Biophysical Research Communications. 1994 Jan 1;203(1):219-224. https://doi.org/10.1006/bbrc.1994.2170
Yokoyama, Hirokazu ; Baraona, Enrique ; Lieber, Charles S. / Molecular cloning of human class IV alcohol dehydrogenase cDNA. In: Biochemical and Biophysical Research Communications. 1994 ; Vol. 203, No. 1. pp. 219-224.
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title = "Molecular cloning of human class IV alcohol dehydrogenase cDNA",
abstract = "A cDNA encoding a new type of alcohol dehydrogenase was cloned from a human stomach cDNA library. PCR amplification of 5{\textquoteright}-stretch human stomach λgt11 library, using degenerate inosine-containing oligonucleotide probes compatible with peptide sequences of human σ-ADH, resulted in a single product. Subsequently, internal non-degenerate primers were constructed according to the sequences occurring in the product. By PCR with combinations its 5' and 3' ends were amplified. The full length cDNA sequence has 1125 nucleotides with a 72% similarity to those of human class I ADH. The polypeptide sequence, predicted from the cDNA, corresponds to 373 amino acids with a high degree of similarity (96%) to fragments of σ-ADH previously reported. Northern hybridization analysis with the specific probe for the mRNA of this protein showed that it is expressed in the human stomach but not in the liver. These data indicate that the cDNA we cloned is that of human class IV ADH.",
author = "Hirokazu Yokoyama and Enrique Baraona and Lieber, {Charles S.}",
doi = "10.1006/bbrc.1994.2170",
journal = "Biochemical and Biophysical Research Communications",
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T1 - Molecular cloning of human class IV alcohol dehydrogenase cDNA
AU - Yokoyama, Hirokazu
AU - Baraona, Enrique
AU - Lieber, Charles S.
N2 - A cDNA encoding a new type of alcohol dehydrogenase was cloned from a human stomach cDNA library. PCR amplification of 5'-stretch human stomach λgt11 library, using degenerate inosine-containing oligonucleotide probes compatible with peptide sequences of human σ-ADH, resulted in a single product. Subsequently, internal non-degenerate primers were constructed according to the sequences occurring in the product. By PCR with combinations its 5' and 3' ends were amplified. The full length cDNA sequence has 1125 nucleotides with a 72% similarity to those of human class I ADH. The polypeptide sequence, predicted from the cDNA, corresponds to 373 amino acids with a high degree of similarity (96%) to fragments of σ-ADH previously reported. Northern hybridization analysis with the specific probe for the mRNA of this protein showed that it is expressed in the human stomach but not in the liver. These data indicate that the cDNA we cloned is that of human class IV ADH.
AB - A cDNA encoding a new type of alcohol dehydrogenase was cloned from a human stomach cDNA library. PCR amplification of 5'-stretch human stomach λgt11 library, using degenerate inosine-containing oligonucleotide probes compatible with peptide sequences of human σ-ADH, resulted in a single product. Subsequently, internal non-degenerate primers were constructed according to the sequences occurring in the product. By PCR with combinations its 5' and 3' ends were amplified. The full length cDNA sequence has 1125 nucleotides with a 72% similarity to those of human class I ADH. The polypeptide sequence, predicted from the cDNA, corresponds to 373 amino acids with a high degree of similarity (96%) to fragments of σ-ADH previously reported. Northern hybridization analysis with the specific probe for the mRNA of this protein showed that it is expressed in the human stomach but not in the liver. These data indicate that the cDNA we cloned is that of human class IV ADH.
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DO - 10.1006/bbrc.1994.2170
JO - Biochemical and Biophysical Research Communications
JF - Biochemical and Biophysical Research Communications

redpajama_set_name: RedPajamaCommonCrawl


NYU Abu Dhabi offers 24 undergraduate majors across Arts and Humanities, Engineering, Science, and Social Science, and numerous multidisciplinary minors and specializations.
As the student body and faculty grow, new courses are developed to reflect student interests and expanding faculty expertise. Course offerings are also enriched by the wide array of programs across NYU's global network. During four years of undergraduate study, students have an extensive choice of courses in all disciplines and are able to fulfill all graduation requirements.
Download the PDF to find out more about degree requirements, course listings, and other programs.
Where comparable NYUAD minors do not already exist, NYUAD students may be able to complete one of the many academic minors offered elsewhere in the NYU global network. Students interested in completing one of these minors would ordinarily take most or all of the required courses in New York, Shanghai, and/or one of the other global sites. However, appropriate NYUAD courses may also be used toward completion of an NYU minor. Directed Study courses generally cannot be used to meet global network minor requirements.
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some pyrites are stable, some aren't. The ones that are stable don't rust. The others do. You will have to wait and see?
I very rarely see pyrites in them, but occasionally, when cut with a disc cutter, they can be seen.
Spanish slates will never be as good as Welsh, but the R12 is one of the best available !
Let's put it this way.. I don't see that in the slates I get from Camara or Evergreen in Vermont....Ever!
If only it were 'real' gold! Okay. So have I purchased junk? 1200 of these Cupa R12 slates are currently stacked on my scaffolding awaiting installation. I'm caught between a rock and a hard place. If these pyrites are deemed to be the 'stable'kind would the slates be fit for purpose in the UK? I have no experience in this area. Is this level of inclusion deemed to be completely unacceptable? I spoke to the Cupa agent for my region and he said that all slates contain pyrites and if I spoke to my building merchant they would arrange to send the barcodes from my pallets to Cupa who would provide me with a guarantee.
If it is "real" gold, you just made a fortune. If it is "fools" gold, you may have a problem. Spanish slates are great in Spain, but most of the time, they sell the good stuff over there and send the junk over seas. That includes "Here"


text:
Fears for two French tourists as body of Benin tour guide found
Updated / Monday, 6 May 2019 07:22
The pair disappeared in the remote Pendjari National Park
The body of a Benin tour guide has been found in a national park, the government has said, heightening fears that two French tourists who disappeared with him have been kidnapped.
Autopsy results confirmed that the body found on 4 May "was that of the Benin guide of the two French tourists who are still missing," the interior ministry said in a statement.
France said efforts were under way to find the pair who disappeared in the remote Pendjari National Park.
The unnamed tourists and their local guide went missing on Wednesday in the wildlife reserve around 550km north of Benin's economic capital Cotonou.
The vehicle they were travelling in was found just across the border in Burkina Faso, a security source said, but there was little more for investigators to go on.
The four-wheel drive Toyota car "was found without its occupants" and so "the kidnapping theory is being favoured", the source added.
France 24, citing regional sources, reported that the body of the driver had been found and that he had been shot dead.
A government source said the body had been badly disfigured by the time it was found yesterday.
Pendjari is one of the largest remaining conservation regions for elephants and lions in West Africa, according to a park official.
It is a vast area of 4,800 square kilometres - but just part of a far larger wilderness area spreading into Burkina Faso and Niger to the north.
Benin is considered an island of stability in West Africa, a troubled region where many jihadist groups operate, but Pendjari lies on the porous and remote border with Burkina Faso, hard-hit by militant violence.
Accreditation: AFP


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When Mike Cross joined CommScope as senior vice president and chief information officer, one of his first orders of business was visiting the company's data centers in Chicago and Philadelphia. As he entered the colocation facilities of CommScope's infrastructure service providers, he was surprised at what he saw—a lack of CommScope solutions.
"I believed we were missing a prime opportunity to be our own best customer, and show our other customers what we can do in a real-world setting," Cross says.
CommScope is a premiere network infrastructure provider, enabling many of the top-performing wireless, enterprise, and broadband networks in existence today. The company has helped write the standards for nearly every network technology evolution for more than a generation, leading the advancement of coaxial, twisted-pair, and fiber-optic technology. And yet, none of its solutions could be found in the outsourced data centers Cross toured.
Reduce operating costs and shift those resources to business enablement.
Drive increased sales and innovation.
Create a showcase for CommScope solutions and those of its partners.
The transformation started with a new data center for disaster recovery purposes, located two blocks from the company's headquarters in Richardson, Texas. The facility utilizes the Intel® Xeon® processor-based Cisco Unified Computing System™ and features a host of CommScope gear.
The new environment costs 80 percent less and delivers twice the processing power of the company's previous data center.
It offers significantly better redundancy, manageability, and provisioning capabilities.
It paid for itself in less than a year with power, cooling, rack space, and maintenance savings alone.
But the new data center isn't just a highly efficient disaster recovery site, Cross explains. It also acts as an executive briefing center and a showpiece of possibility. The company's sales team can bring in customers and prospects and show them what can be accomplished using CommScope and its partners' solutions—in a live, production setting.
The data center is also being used by CommScope's research and development team to evaluate new products and try new things. Because it's a disaster recovery facility, the team can test new prototypes, solutions, and applications in a production environment without impacting the company's primary data center operations.


Its length, from the head to Paull, is 18½ miles; and from Paull to Spurn Head 17¾ miles. Its depth, for the most part, is from 2 to 12 fathoms. It receives the rivers Foulness and Hull, and some smaller streams; and it is computed to drain about 10, 000 square miles. It forms the marine outlet to a vast extent of inland navigation by river and canal, ramified through Yorkshire, Lincolnshire, and the counties to the W of them, and communicating across England, with the Ribble, the Mersey, the Dee, the Severn, the Avon, and the Thames. It has, on the N side, the great port of Hull; and on the S side, the ports of Barton, New Holland, and Great Grimsby. It is, to some extent, obstructed, on the N side, by Holme Sand, Sunk lsland, Cherry Cob and Hawke Sands, and Stoneybinks shoal; and on the S side, by Sandhale shoal. The navigation of it is aided, on the N side, by the Ball and New Sand ship lights, the Spurn Head light, the Paull light, and Hebbler ship light; and on the S side, by Cleaness beacon, Donna-Nook beacon, and Killingholme lights. Much change, within the epoch of record, has occurred on the lower parts of its N shore; great portions of land there having been swept away by the sea, and some portions of sea bottom having been converted into land by depositions of silt. The Danish pirates under Ubba sailed up it in 867; those under Sweyn, in 1013; those under Osborn, in 1069; and Harold Harfager and his northmen, in 1066. A project was formed in 1865 to construct a railway bridge across the Humber, from Hessle to Barton, built on piers and about a mile long, with land approaches consisting of arched viaducts about ¾ of a mile long.
Humber is now part of Kingston upon Hull district. Click here for graphs and data of how Kingston upon Hull has changed over two centuries. For statistics about Humber itself, go to Units and Statistics.
GB Historical GIS / University of Portsmouth, History of Humber, in Kingston upon Hull and Yorkshire | Map and description, A Vision of Britain through Time.
Click here for more detailed advice on finding places within A Vision of Britain through Time , and maybe some references to other places called " Humber ".
To buy historical maps of Humber, click here!


text:
Netflix's 'Love, Death & Robots' Trailer: An Animated Anthology from David Fincher
Netflix's Love, Death & Robots Trailer: An Animated Anthology from David Fincher
Netflix has sent us all a little bit of twisted, NSFW love with the first trailer for Love, Death & Robots. The upcoming series of animated shorts was announced last month by the streaming service. It teams Deadpool director Tim Miller with Fight Club and Seven director David Fincher for what appears to be an absolutely wild animated ride.
The trailer itself is almost impossible to get a grip on. All of the 18 animated shorts are teased, which all feature various, very distinct animation styles. What can be said for sure is that this is going to be a wild ride that, again, is certainly NSFW. There is lots of graphic violence, sexual content and all sorts of imagery that makes it clear this is going to be very much in line with the sensibilities of both Tim Miller and David Fincher. Just in the form of adult animation in an anthology series with seemingly unlimited possibilities, as far as storytelling goes.
Love, Death & Robots will feature a range of stories that cover a variety of adult topics including racism, government, war, free will and human nature. The series spans various genres, from science fiction, fantasy, horror and comedy. Each short will carry a unique animation style, ranging from old-school 2D to photo-real 3D CGI. The creators were pulled from all over the world and include some of the best animators from places such as France, Korea, Hungary, Canada and the U.S., among others. The series is said to draw inspiration from 1970's comics that influenced both Tim Miller and David Fincher as storytellers.
While it's tough to make out anything specific from the trailer, Netflix says the series will feature sentient dairy products, werewolf soldiers, robots gone wild, garbage monsters, cyborg bounty hunters, alien spiders and blood-thirsty demons from hell. While the streaming service has made a name for itself with adult-themed animation, with shows like BoJack Horseman, Big Mouth and F Is for Family, this is truly unlike anything they've put forth before. Luckily, they already had an established relationship with David Fincher, who has worked with them on House of Cards and Mindhunter. As for Tim Miller, he managed to squeeze this in while also working on Terminator 6.
The first season consists of 18 shorts that run between five and 15 minutes in length. Given the nature of the series, it's hard to imagine this could have found a home, practically speaking, anywhere other than a streaming service. Even if it feels like something that maybe could have been featured on MTV's Liquid Television, or perhaps Cartoon Network's Toonami. Luckily, we live in a time where there are plenty of those to go around, and they all need content. A premiere date for Love, Death & Robots has also been revealed, as it's set to premiere on March 15. Be sure to check out the new trailer from Netflix streaming service below.
Topics: Love, Death & Robots, Netflix, Streaming
Netflix Announces Love, Death & Robots Animated Anthology Series from David Fincher
Better Call Saul Season 5 Is Bringing Back Several Breaking Bad Favorites


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text:
EWI Hosts Discussion on East Asian Geopolitics
Noel Gonzalez
Program Coordinator, ASIA-PACIFIC PROGRAM
On May 2, 2019, EWI hosted Yasushi Kudo, founder and president of the Genron NPO, for a wide-ranging discussion on the current geopolitical dynamics around Japan, including the U.S.-China trade frictions and the rapidly deteriorating Japan-South Korea relationship, which present significant challenges for Japan to promote peace and stability in Northeast Asia.
The exchange of views delved into the importance of the U.S.-Japan alliance and maintaining dialogue between Japan and South Korea as well as Japan and China to reduce miscalculation and prevent escalation of confrontations in the region. Current funding trends of these dialogue processes were also discussed.
EWI's Zoe Leung, senior associate with the Asia-Pacific program; David Janes, fellow with the Asia-Pacific program; and Noel Gonzalez, assistant to the CEO and executive vice president, discussed the challenges and opportunities in fostering partnerships between countries in the Asia-Pacific region through constructive Track 1.5 and 2 dialogue processes.
EWI Hosts Book Launch Discussion on Asia's New Developmentalism
EastWest Institute Remembers the Life of Ross Perot
EastWest Institute Announces New Project "Iraq and Its Neighbors"
How can Special Economic Zones Lead to Growth and Integration in North Africa?
Global Commission Meets Ahead of EuroDIG in The Hague, The Netherlands
Hassan Addresses NATO on Iraq's Climate Related Security Risks


text:
Tj O'Connor is the author of The Consultant, the first of The Jonathan Hunter Thriller series, and four paranormal mysteries. Dying to Know, Tj's first published novel, won the 2015 Gold Medal from the Independent Publishers Book Awards (IPPY) for mysteries and was a Finalist for both a 2015 Silver Falchion Award and the 2014 Foreword Reviews' INDIEFAB Mystery Book of the Year.
Tj is an international security consultant specializing in anti-terrorism, investigations, and threat analysis—life experiences that drive his novels. With his former life as a government agent and years as a consultant, he has lived and worked around the world in places like Greece, Turkey, Italy, Germany, the United Kingdom, and throughout the Americas—among others. He was raised in New York's Hudson Valley and lives with his wife and Labrador companions in Virginia, where they raised five children.
Visit his website at www.TjOConnor.com.


text:
Articles: 23
URL: http://journals.rudn.ru/polylinguality/issue/view/982
DOI: https://doi.org/10.22363/2312-8011-2017-14-2
LANGUAGES IN CONTACT: THEORY AND PRACTICE
TRANSLINGUALISM AND ITS APPLICATION
Proshina Z.G.
The article dwells on the concepts of translingualism and transculturalism that are under wide discussion now. The author reveals the reasons for the emergence of the terms and differentiates them from synonymic designations. Based on the quantitative analysis by means of the Google search in the internet corpus of texts, the author demonstrates the usage of these terms and their synonymic designations, as well as their relationship to certain types of discourse. A brief review of domains the terms are used in is provided: in sociolinguistics, literature studies, pedagogy, applied linguistics, translation studies, and advertisement.
Polylinguality and Transcultural Practices. 2017;14(2):155-170
GLOBAL ENGLISH-LOCAL DIGRAPHIA: TRANSLINGUAL ASPECT
Rivlina A.A.
The paper aims to outline the major strategies of translingual English-Russian practices in Russia today. Based on widespread Russian-English/Roman-Cyrillic digraphia, these strategies generate ambivalent, language-neutral units, which cannot be unequivocally assigned to either of the languages or written systems in contact, in modern written Russian-based discourse. The article analyses the examples from two communicative spheres where English-oriented translingualism is most pronounced in modern Russia: the sphere of Russian linguistic landscape and the names of Russian Internet sites. Translingual practices creating "fuzzy" zones between Russian and global English in their written interaction include nonce English-Russian transliteration, ludic "code-ambiguation" and "code-meshing", bilingual lexical variation and graphic restoration of cognates, international words and borrowings, truncation and abbreviation of overlapping lexis
IDIOMATICITY OF USING LEXICAL BORROWINGS IN POLYLINGUAL ENVIRONMENT
Krasina E.A.
Lexical borrowings-inclusions imminently and permanently invade conversations of modern people. In line with professional or terminological usage, one can discover a certain fund of universal usages which could be revealed in various modern languages. Those came into usage both from classical languages - Latin and Greek and from modern languages - French, English, Italian, German and others. Their composition isn't uniform: they make up discourse connectors (à propos), typical addressing nominations (Madame, Sir), standard expressions (Honoris causae, multa cum lauda) and further on - up to paroemia (Dum spiro, spero et al.).Goal and tasks of the research are due to the demand in analyzing usual senses of such inclusions; to make clear their status proceeding from their semantic and functional multidimensional nature. They reveal conservative senses, known in the source-language and preserved in modern usage in various languages, and on the contrary, they are flexible in meaning as a number of interpretations demonstrate it, especially in the paroemia sphere.
ON THE NEED TO HARMONIZE THE LANGUAGE OF INTERACTION IN A CLOSELY RELATED BILINGUALISM
Zaitseva I.P.
The article analyzes the current state of the bilingual linguistic space of Ukraine, which citizens are currently using in all spheres of communication two closely related Slavic languages: Ukrainian and Russian. Attention is drawn to the fact that, taking into account the achievements of modern linguistics and a complex of areas adjacent to linguistics (in particular, the theory of intercultural communication, psycholinguistics, sociolinguistics, etc.), it became possible to form a more solid theoretical basis, which fully confirms the need for all-round approach. On the need for all possible support in the implementation of language policy in a country with clear biculturalism and bilingualism of balanced bilingualism and, accordingly, categorical inadmissibility of violating the linguistic rights of Russian speakers in this country.
ETHNO-LINGUISTIC SITUATION IN THE RESPUBLIC OF BELARUS AND IT'S REFLECTION IN THE SYSTEM OF EDUCATION
Rychkova L.V.
The article deals with the reflection of the ethno-linguistic situation in the Republic of Belarus, taking into account the provision in the multinational state the rights of ethnic and linguistic minorities. The necessity of complex sociolinguistic research and development of the concept of multilingual education are substantiated.
BELARUSIAN-RUSSIAN STATE BILINGUALISM AND PROBLEMS OF NORMALIZATION OF BELARUSIAN ONOMASTICS
Mezenko A.M.
The article examines the problematic aspects of the normalization of the modern Belarusian onomastics, conditioned by the situation of the state Belarusian-Russian bilingualism; under consideration there is a transfer of toponyms and anthroponyms from one state language to another. It is emphasized that the area of researchers' interest should include the problem of preservation of the national onomastic system of Belarus and its authenticity.
LANGUAGES WE CHOOSE: LITHUANIA'S EXPERIENCE
Lichačiova A.B.
The paper discusses the situation of Russian language in Lithuania. The current educational system, attitude of the Lithuanian society towards local cultural and linguistic pluralism, historical and present geopolitical problems - all these factors have a direct influence on modern Lithuania's Russian-speaking population's awareness of their ethnic language as either native, heritage or foreign, as well as on the selection of the language of school instruction for children from Russian-speaking families.Nowadays, it is becoming increasingly clear that the politics on language and education of the last two decades, aimed at strengthening the positions of the state language and at assimilating national minorities, needs amending. To achieve change, it is necessary to thoroughly study the possibilities of modern family and state language policy and to educate the society about these possibilities. The paper makes use of data from official statistics and sociolinguistic research.
CAN NATURAL BILINGUALISM BE HARMFUL?
Alexandrova N.S.
Based on literature analysis and own numerous (over 200) observations of the development of the natural Russian-German bilingualism, the following situations of risk in which bilingualism can become a factor inhibiting the linguistic and the general intellectual development of children are described: 1) Bilingual upbringing of 12-36 months old children with the division of languages by place of usage and roughly equal time of introduction of each language (e.g. a child from a Russian-speaking family at the age of 12 months starts to attend a full-day German kindergarten). With such arrangement of education neither of the languages can advance, development of phrasal speech is significantly delayed. Possible are such unhealthy reactions as temporary speech failure. Another variation of bilingual development, when one language dominates and the other remains weak for a long time, is typical for children from Russian-speaking families attending bilingual German-Russian kindergartens and it is also found in children from mixed families. In general, this variation is more favorable. 2) Change of language of instruction at school age. Receiving knowledge in the unknown language is impossible, therefore there can be negative influence of this situation on learning capacity, and psychological discomfort is also possible (to the point of suicidal attempts).Risk populations in bilingual education are 1. Children with normal intellect but with weak cognitive abilities (memory, attention etc.) requiring a milder learning mode. 2. Children with retarded or disturbed language development.It is necessary to add that the described negative manifestations are not inevitable or compulsory but simply possible. The predestination of the bilingual development depends on a multiplicity of factors and is practically unpredictable.
ON THE EVOLUTION AND EMANATIONS OF MODERN RUSSIAN LANGUAGE
Afanasieva N.D., Zakharchenko S.S., Mogileva I.B.
The article is about the state of modern Russian language, analyzes the factors affecting the negative changes in speech. The authors consider the loan words in the Russian speech, changing the rules of the Russian language, the media language impact on the culture of speech.
BILINGUALISM AND BILINGUAL PUPILS AT THE RESEARCH OF DANISH SCHOLARS
Popova M.V.
The language policy in modern society in Denmark reflects the processes of globalization, changes in social development and satisfies the demand of the current labor market. This article presents research of Danish scholars in the field of bilingualism and offers examples of several projects as well as the prospective course of Danish scholars' work.
CHANGES IN THE RUSSIAN SPEECH OF ETHNIC GERMANS IN MODERN GERMANY
Nedopekina E.M.
The community of the German-speaking population is heterogeneous in its ethnic, cultural and religious composition. Along with immigrants from all over the world, it includes immigrants from the former Soviet Union, ethnic Germans or their distant relatives. The solidarity of the community thus is ensured by the use of the Russian language within the family and in the friendly, neighboring environment. However, the degree of the Russian language preservation in this community is different, as the language is separated from its metropolis and functions in a constant contact with the German language as the title language of Germany. Our research of the emigrant language belonging to the settlers from the CIS at different times and due to different reasons shows how significant this heterogeneity is.
TYPES OF FRENCH-OCCITAN BILINGUAL EDUCATION: EXPERIENCE, RESULTS, PERSPECTIVES
Moskvitcheva S.A.
This article examines possible models of bilingual education for the program "French as a regional language", provides the legislative framework allowing to arrange this type of teaching, and describes the basic subjects of such education. The potential of bilingual education is analyzed in its relation to the general social and linguistic situation in the areas of the Occitan language use, and it is linked to such parameters as the social image of the language and the language loyalty. The article analyzes the difficulties faced while organizing this type of education and shows its perspectives.
LANGUAGE REFORMS AND INTERCULTURAL TRANSFORMATIONS IN THE POLYLINGUAL SPACE OF THE REPUBLIC OF KAZAKHSTAN
Zharkynbekov S.K.
The article is devoted to studying the functioning of the Kazakh, Russian and English languages in the multicultural space of Kazakhstan. There is an analysis of the use of the languages in business communication and in visual texts of the socio-communicative space of Astana. The results of the sociolinguistic research methods (questionnaire, interview) showed the language preferences of citizens, as well as the factors influencing the choice of a language. The results obtained allowed to identify problems existing in terms of the new language policy of the state, track language development processes in the communicative environment and predict trends in the spread, strengthening, cooperation and coexistence of the languages in the future.
LANGUAGE CONSCIOUSNESS
COGNITION AND LANGUAGE (USING THE EXAMPLE OF TRANSLATION BETWEEN RUSSIAN AND TURKISH)
Zhigulskaya D.V.
This article discusses the relationship between cognition and language.According to the cognitive linguistics approach, the study of language is the study of language use. The languages of the world vary dramatically. They encode fundamentally different logics and structures. This paper also focuses on the phenomenon of linguistic pictures of the world, and using the Russian and Turkish languages as an example, demonstrates that absolute equivalence in translation is never possible. The results of the analysis of this issue has shown, that language does not "represent" meaning, but instead constructs meaning in particular contexts with particular cultural models and cognitive resources, while translation is the replacement of the signs encoding a message by signs from another code.The difficulties of translating from Russian to Turkish and vice versa are primarily due to the dissimilar nature of the two languages. However,the difficulty of translation does not only exist between distinctively different languages. Surprisingly, even more complexity may sometimes arise when translating between two languages within the same family with much in common.Thus, one may conclude that languages are structuring structures, which influence the way people think, and create linguistic habits for language users, resulting in fundamentally different ways of understanding the world.
STEREOTYPE IN LANGUAGE CONSCIOUSNESS: PSHYCHOLINGUISTIC ASPECT
Razumkova A.V.
The main purpose of the article is to systemize different approaches to the understanding of the term "stereotype" in the framework of psycholinguistic researches. V.V. Krasnyh gives her vision of the concept "stereotype" and the classification of stereotypes. Y.A. Sorokin reveals the meaning of the term under study in relation to the concepts "stock phrase" and "clichés". V.A. Ryzhkov analyses the international stereotypes in the framework of the theory of speech activity.E.F. Tarasov gives the definition of social stereotype through the analysis of fragments of language consciousness of Russians and foreigners. N.V. Ufimtseva underlines the role of interethnic communication in the formation of stereotypes. The originality and the relevance of the study are determined by a comprehensive analysis of the concept of "stereotype" in the framework of the interdisciplinary scientific direction.
COLLABORATION WITH PARENTS IN BILINGUAL ACQUISITION
Protassova E.Y.
Parents of bilingual children are the main agents of the early development of their languages during the first socialization, while day care and school catch up during the second socialization. Parents want to have an expert advice from the pedagogical staff and try to influence and control the process of language acquisition. The article deals with parents' attitudes and the ways to make adults in child's surroundings collaborate with each other. It demonstrates the international and the Finnish experience of partnerships between home, kindergarten and school in multilingual settings and its results for the balanced use of languages. The study shows how the Finnish-Russian parents understand their goals concerning the wellbeing of children and what they are ready to invest in interactions with the educational institutions.
BILINGUAL EDUCATION IN GERMAN SPEAKING COUNTRIES: A TRANSCULTURAL MODEL OF TUITION
Caspers O.V.
This article presents the innovative model of education for students bilingual in Russian and German based on transcultural principles. The author gives the example of a method, that uses contemporary films for didactic purposes paying special attention to the analysis of both cultures. This model meets current modern standards of European education at university level and considers the special needs of bilinguals.
THE STUDY OF RUSSIAN AS A FOREIGN LANGUAGE: DISCUSSIONS ABOUT ETHNIC ORIENTED METHODOLOGY
Sinyachkina N.L.
The article devoted to the analysis of linguists' positions to teaching methods oriented to ethnic peculiarities in the practice of Russian high schools. The author believes that two main different approaches have developed to this ethnomethodology. Starting from approaches to current trends in English language teaching for foreigners, the author examines the polar points of view on the practice in some Russian universities the methodology of teaching Russian language and concludes that there is a need for a more balanced approach to the methodology. There are no people living within only one state, so there is a need to create a discussion platform to discuss two different approaches
CONTRASTIVE EXERCISES IN MULTILINGUAL EDUCATION
Malykh L.M.
Many modern languages of the world are forced to give ground in the competition with more prestigious languages. In response to such an unbalanced language situation as this many researchers and methodologists offer a new educational approach to languages - the so called multilingual education. It facilitates language learning by introducing at least three languages simultaneously. The important requirement is that one of languages under study is the mother tongue of the students. One of basic principles of this educational trend is the principle of co-studying various languages on a contrastive basis. The goal of the article is to show the possibility of implementing this principle through the system of contrastive exercises. The possibility of introducing contrastive exercises in the process of multilingual education of different age groups is studied. The introduction of such a system of exercises results in the positive transfer from the previously studied languages, native tongues including, into a new language. A systematic comparison of language units in form and meaning makes it possible to considerably expand the amount of language memory, develop imagination and creativity, facilitate the process of positive transfer, enhance motivation to study less prestigious languages.
INNOVATIVE APPROACHES IN TEACHING RUSSIAN LANGUAGE IN MODERN UNIVERSITY
Orlova E.V.
The article examines the teaching of Russian as a foreign language and Russian language and culture of speech from the point of view of modern innovative approaches. The relevance of this work defines it. Modern approaches in education are communicative competence, student-centred and professionally oriented training. The aim is to analyze the content of communicative competence, student-centered and professionally-oriented approaches in teaching Russian language at the University, and to consider tutorials that implement these approaches.The author used two groups of methods in the writing of this article: methods of analysis, synthesis, generalization, and special: system-structural, functional and cognitive approaches.The basis of the communicative competence approach is communicative-oriented language teaching. It involves the formation of communicative competence. Communicative competence includes linguistic, sociolinguistic and pragmatic components. Special attention is given to the analysis of these components.Student-centered teaching assumes the recognition of the student as the main actor in the learning process. Implementation of student-oriented learning system requires a change of vectors in pedagogy: from a severely regulated learning, built as a normative process, to study the individual activity of the learner with the support of the teacher. Implementing this approach at the lessons of Russian as a foreign language and Russian language and Culture of Speech contributes to the use of interactive conversational learning.Professionally oriented teaching at the University involves teaching Russian language as a means of obtaining a degree and teaching Russian language as a means of professional business communication. Professionally oriented teaching language in high school must be implemented through integrative, interdisciplinary connections through the cooperation of Russian compatriots with the subject teachers.In conclusion, the author writes that the implementation of modern approaches in teaching Russian as a foreign language and Russian language and Culture of Speech gives good results.
THEORY AND PRACTICE OF TRANSLATION
FROM THE HISTORY OF TRANSLATION ACTIVITY IN CENTRAL ASIA (XVI-XIX)
Kulieva S.A., Tavberidze D.V.
The history of translation activities from Russian into other languages is not researched enough, but has scientific value to describe the theory and practice of translation from Turkic languages into Russian and vice versa. The present article opens a series of articles in which the authors intend to present the research on the little-known pages of translational activities in Central Asia since the accession of this region to Russia (XIX century). Directly this work is devoted to pages of history, reflecting the development of translation studies (Russian - Kazakh) in Kazakhstan from the XVI to the XIX and beginning of XX century before disintegration of the Russian Empire.
TRENDS OF USING PERSONAL AND POSSESSIVE PRONOUNSIN LITERARY TRANSLATIONS FROM ENGLISH INTO RUSSIAN THROUGH THE LANGUAGE SPECTRUM THEORY
Turinova O.O.
According to the language spectrum theory (term introduced by Maria Litvinova), every language has a set of its characteristic feature average usage frequencies. The sum of these frequencies may be considered as a criterion for assessing fiction translations into the language in question. The paper focuses on the general frequency of personal and possessive pronouns in low-quality translations from English into Russian, as seen through the language spectrum lens. The scientific relevance of the paper is justified by the author revealing several features of low-quality translations, as well as analyzing such translations, which results in supporting the author's hypothesis. The hypothesis is that the number of personal and possessive pronouns in low-quality Russian translations is closer to that in original English texts, whilst 'good' Russian translations have considerably fewer pronouns than the originals. Moreover, the author considers certain translation solutions while analyzing two different translations of one English text, and explores various trends that may further become the basis of fuller and more accurate pronoun models in English and Russian.
COURSE "BILINGUALISM AND MOTHER TONGUE (RUSSIAN)" IN THE PROCESS OF EDUCATING RUSSIAN TEACHERS
Moissejenko I.М., Maltseva-Zamkovaja N.V., Tshuikina N.V.
The authors introduce the grounds and principles of the course "Bilingualism and Mother Tongue (Russian)" for MA students of Tallinn University. The investigations of different research projects and MA dissertations under the authors' leadership have resulted in the mentioned course. The paper also include information on the aims of the course and description of the students' autonomous work.


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Philippine Supreme Court Jurisprudence > Year 1997 > August 1997 Decisions > G.R. No. 101829 August 21, 1997 - PEOPLE OF THE PHIL. v. BONIFACIO ZAMORA:
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. BONIFACIO ZAMORA, FELIX SALADAR, JULIO ALVARINO, RODOLFO JASA, as principals; and WILFREDO BARRIOS, as accessory, Accused, BONIFACIO ZAMORA, Accused-Appellant.
This Court finds occasion to reiterate the rule that positive and categorical declarations of eyewitnesses identifying the accused are given greater weight in evidence than the defenses of denial and alibi. Perfect congruence in the witnesses' testimonies is not required or expected, as long as their narrations concur on material points.chanrobles.com:cralaw:red
On July 8, 1987, Accused-appellant Bonifacio Zamora, along with four (4) others (three as co-principals and one as accessory) was charged by Asst. Provincial Fiscal Jorge D. Zerrudo before the Regional Trial Court, Branch 18, of Midsayap, Cotabato in an Information 1 which reads:jgc:chanrobles.com.ph
"That on or about September 20, 1984, in the evening, at Barangay Bual Sur, Municipality of Midsayap, Province of Cotabato, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Bonifacio Zamora, Felix Saladar, and Julio Alvarino and Rodolfo Jasa, who are still at large, armed with bolos, with intent to kill, with treachery and evident premeditation, conspiring, confederating and mutually helping each other, did then and there willfully, unlawfully and feloniously attack, assault and hack MANDATU LUNTAYAN, SR., thereby hitting him several times on the different parts of his body, which hack wounds caused the instantaneous death of MANDATU LUNTAYAN, SR.
"That a day after the killing of Mandatu Luntayan, Sr., Wilfredo Barrios, Barangay Captain of Bual Sur, Midsayap, Cotabato, assured complainant and relatives of her husband that he would surrender respondents Julio Alvarino and Rodolfo Jasa, but instead of surrendering them to the authorities, with evident abuse of his public function, harbored and concealed said respondents Alvarino and Jasa, thereby facilitating and ensuring the escape of said Julio Alvarino and Rodolfo Jasa."cralaw virtua1aw library
Assisted by Atty. Visitacion Lavarias, Appellant Zamora and one of his co-accused, Felix Saladar, entered a plea of not guilty during the arraignment. 2 Accused Alvarino, Jasa and Barrios remained at large.
A separate trial 3 was held for Appellant Zamora for the reason that Saladar, who contracted leprosy, was declared unfit for trial. 4
After due trial, the court a quo rendered its Decision 5 convicting accused-appellant of the crime of murder. The dispositive portion thereof reads:jgc:chanrobles.com.ph
"WHEREFORE, the Court finds the accused, Bonifacio Zamora, guilty beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, and the Court hereby sentences said accused to suffer the penalty of reclusion perpetua with costs.
"Bonifacio Zamora is directed to indemnify the heirs of his victim the amount of Fifty Thousand Pesos (P50,000) for the death of Mandatu Luntayan, Sr. and the amount of Ten Thousand (P10,000.00) Pesos as moral damages, or a total indemnity of Sixty Thousand Pesos (P60,000. 00)" 6
Version of the Prosecution
The evidence for the prosecution consisted of: (1) the testimonies of Lucila Luntayan and Mandatu Luntayan, Jr., wife and son, respectively, of the victim, and Dr. Renato Sara as an expert witness; and (2) the sworn statement of Lucila and the medical and the death certificates of the victim issued by Dr. Sara. The trial court summarized the facts as presented by the prosecution as follows:jgc:chanrobles.com.ph
"It appears that the family of Mandatu Luntayan, Sr. resides at Bual Sur, Midsayap, Cotabato. In the evening of September 20, 1984, his wife, Lucila Luntayan, three (3) sons and two (2) daughters, were in their house at Bual Sur. They were waiting for Mandatu Luntayan, Sr. who went to the Poblacion of Midsayap. Past six o'clock that evening, the residents of the house of Mandatu heard the arrival of a tricycle along the Barangay Road near Mandatu's house. Mandatu Luntayan, Jr. looked outside their house towards where he heard the tricycle stop. He saw his father, Mandatu Luntayan, Sr. being hacked by some people. Lucila and Mandatu, Jr. went out of their house to verify what was happening to Mandatu, Sr. They brought with them a flashlight. The place where the hacking took place along the Barangay Road is about ten meters to their house. They had their flashlight focused on their father who was being hacked by three (3) persons. Mandatu, Sr. was bathed with blood. When they got nearer, they recognized the three persons hacking Mandatu, Sr. to be Julio Alvarino, Bonifacio Zamora and Felix Saladar. The Luntayan family has known the three, Alvarino, Zamora and Saladar, because they have been neighbors at Bual Sur for more than five (5) years already. Lucila and Mandatu, Jr. readily identified Bonifacio Zamora in court as one of the three men who hacked Mandatu, Sr. to death that evening of September 20, 1984. Mandatu, Sr. fell to the ground and the three men continued hacking him. Mandatu, Jr. approached his father but Bonifacio Zamora hacked him. Mandatu, Jr. was not hit because he was able to evade the hacking of Zamora by moving backward. Lucila shouted and the three men fled into the darkness. Lucila and Mandatu, Jr. went to Mandatu, Sr. who was still on the ground. They assisted Mandatu, Sr. and brought him to their house. In their house, Mandatu, Sr. told them that he was hacked by Pareng Julio, Boning and Felix. Mandatu, Sr. was serious and they loaded him on a Ford Fiera and brought him to Dr. Renato Sara's clinic at Poblacion, Midsayap, Cotabato." 7
From the examination made by Dr. Sara, it appears that the deceased suffered seven hack wounds, more specifically:jgc:chanrobles.com.ph
" =	Hacked wound from the left cheek to the left pinna, cutting of [sic] the left ear.
=	Hacked wound, from the left lower jaw to the left side of the neck about seven inch[es].
=	Hacked wound, left lower eyelid.
=	Hacked wound, left knee, cutting all the potelia about five inch vertically.
=	Hacked wound, left leg, just below to the knee about three inch[es] in length.
=	Hacked wound, right leg, upper 3rd lateral aspect about five inch[es].
=	Hacked wound, left side of the back, about 3 inches and 2 inch[es] in length." 8
The cause of death of Luntayan, Sr. was "massive loss of blood secondary to hack wounds." 9
Version of the Defense
The defense presented Emma Andan, a relative by affinity of Appellant Bonifacio Zamora; Aurelia Zamora, appellant's mother; and Appellant Zamora himself. The defense of appellant, consisting mainly of alibi, was summarized by the court a quo as follows:jgc:chanrobles.com.ph
"The defense of alibi of Bonifacio Zamora shows that at about 6:40 o'clock in the evening of September 20, 1984, he was in the house of his brother, Edilberto Zamora, at Bual Sur, Midsayap, Cotabato, listening to a radio program. His house and the house of his brother Edilberto are near each other. Also in the house of Edilberto are Luzviminda Zamora, Bonifacio's wife, Emma Andan, another neighbor, and Edilberto and his children. Aurelia Zamora, their mother, was not there when Bonifacio and his wife arrived. Aurelia was in Poblacion, Midsayap and was expected to arrive anytime. While they were listening to the radio program, Aurelia arrived and reported that Mandatu Luntayan, Sr. was killed. Edilberto and Emma Andan immediately went down the house and proceeded to the place where Mandatu, Sr. was killed. Bonifacio did not go with them and continued listening to the radio. He heard the shouts of a woman but did not mind them for he was used to hear shouts in their neighborhood. Near the place of the incident, Edilberto and Emma met Julio Alvarino who was holding a short bolo. They had some conversation. Edilberto and Emma saw Mandatu, Sr. being carried by his wife, Lucila, and son Mandatu, Jr. to his house. Mandatu, Sr. was still alive as they could hear him talk. After a short time, they saw Mandatu, Sr. brought to Poblacion, Midsayap for treatment. Edilberto and Emma did not go inside the house of Mandatu, Sr. They did not talk with Lucila or any of Mandatu Sr.'s family. After the Ford Fiera left for Midsayap, they also left and went home." 10
Accused Zamora further averred that he had no quarrel or misunderstanding with the Luntayan family. He knew no reason why the victim's wife and son accused him of participating in the killing. He surmised that the only possible motive was his intervention in a previous quarrel between his first cousin Manolito Almanares and Mandatu, Sr., during which the latter hacked Manolito. 11
The Trial Court's Ruling
The court a quo gave full credence to the testimonies of the victims' wife and son identifying accused-appellant as one of the assailants who fatally hacked Mandatu, Sr. It disposed of Zamora's alibi this wise:jgc:chanrobles.com.ph
"The house of Edilberto Zamora where Bonifacio Zamora claims to be at the time of the killing of Mandatu, Sr. is only about 100 meters from the scene of the crime. In a matter of two to three minutes, the distance could be easily reached. His pretense that he was listening to a radio program and not present at the scene of the incident is too shallow a reason to believe. He cannot even remember the radio program he was listening to." 12chanrobles.com : virtual law library
The trial court also found that the killing was attended by treachery, thus qualifying it to murder.
The accused-appellant seeks either a reversal or a modification of the assailed Decision of the trial court by alleging that:chanrob1es virtual 1aw library
"The court a quo erred in convicting the accused- appellant of the crime charged despite failure of the prosecution to establish his guilt by proof beyond reasonable doubt.
"Assuming arguendo that accused-appellant Bonifacio Zamora is guilty, he should have been convicted only of homicide." 13
This Court's Ruling
The appeal is partly meritorious. The Court finds Appellant Zamora guilty only of homicide, not murder.
First Issue: Sufficiency of Prosecution Evidence
Appellant submits that the evidence of the prosecution is not sufficient to convict him of the crime of murder. He argues that: (1) the testimonies and sworn statements of the prosecution witnesses are inconsistent on material points, thus, not worthy of full faith and credit; and (2) since the evidence presented is weak, the defense of alibi cannot be disregarded. 14
The inconsistencies alleged by the appellant — as to (1) the number of people the witnesses initially saw at the place of the incident, (2) who between the victim's wife and son was holding the flashlight, and (3) the position of the victim at the time the witnesses approached — are minor details which do not destroy the verity of the prosecution witnesses' testimonies.
Minor inconsistencies in the testimonies of witnesses are negligible. Antithetically, they serve to strengthen the witnesses' credibility and are taken as badges of truth rather than as indicia of falsehood. Variance in testimonies substantially erases suspicion that they have been rehearsed. 15 Moreover, a response to a question is not to be isolated in relation to other queries and answers thereto. Well-settled is the rule that testimonies must be taken in their entirety. 16
In the case at hand, the eyewitnesses who saw the gruesome killing of their loved one cannot each be expected to recall completely every minute detail of the incident. Different persons have different reflexes which may produce varying reactions, impressions, perceptions and recollections. Their physical, mental, emotional and psychological conditions may also affect their recall of the details of the incident. No two individuals are alike in terms of powers of observation and recollection. 17 Each may give a different account of what transpired. One testimony may be replete with details not found in the other. But taken as a whole, the versions must concur on material points.
Significant in the testimonies of both Lucila and Mandatu, Jr. is that both of them positively attested to having actually seen Alvarino, Saladar and Zamora hack the victim; that the three assailants used bolos; that Zamora also attempted to hack Mandatu, Jr. when the latter tried to get near his father; and that all the accused ran away after Lucila shouted for help.
The pertinent portions of Witness Lucila's account in court, positively identifying the accused-appellant as one of her husband's assailants, are hereinbelow quoted:chanrob1es virtual 1aw library
Q:	Now, can you tell us what happened on that particular evening of Sept. 20, 1984?
A:	On Sept. 20, 1984 at 6:30 p.m., my children and I were in the house waiting for my husband to arrive from Midsayap. Later on, the tricycle passed by and we noticed that a group of people gathered on the road and my children and I went out and decide[d] to look into and we brought with us a flashlight.
Q:	What did you observed [sic] from the group of people gathered on the roadside?
A:	When I directed my flashlight on the group of men on the road, I saw Julio Alvarino, Felix Saladar, Bonifacio Zamora, hacking my husband, and when my son attempted to go near my husband, he was met by Bonifacio Zamora and directed his bolo to my son with an attempt to hack him also, but my son was able to evade it by running away.
Q:	You said that you saw actually these three persons named Felix Saladar, Bonifacio Zamora, and Julio Alvarino hacking your husband?
A:	Yes, Ma'am.
Q:	You saw them hacking at the same time?
A:	When I arrive, I still saw Zamora hacked [sic] the knee of my husband, Ma'am, the two were standing at the back of Bonifacio Zamora.
Q:	In other words, you only saw Zamora hacking the knee of your husband, and you did not see the others hacking your husband?
A:	My son and I saw the final hacking of Bonifacio Zamora on the knee of my husband.
Q:	And at a distance of around 6 meters and it was dark according to you, can you clearly see them: Julio Alvarino, Felix Saladar, and Bonifacio Zamora?
A:	I saw them because I was holding a flashlight, Ma'am." 18
Her testimony quoted above substantially corroborates her declarations in her sworn statement 19 taken two (2) days after the incident:jgc:chanrobles.com.ph
"6.Q	Will you relate to me in detail: How did you able to witness [sic] the killing of your husband?
7.[A]	On that aforementioned time and date of September 20, 1984, we were in our residence waiting for my husband to arrive from Midsayap, and since we were expecting his arrival our concentration focus [sic] to the sound of every tricycle that passes by [sic] on that evening we were observant for the arrival of my husband and we heard some unusual sound coming from the Barangay Road that as if somebody fell down the ground, and I and my son Mandatu Luntayan Jr. look through the opening of our house just to verify what's going on along the road, and we observed that there were several people at the place and a certain flashlight lighting at them, and at this junction I and my son decided to verify what's going on and we brought our flashlight proceeding to the place.
8.Q	What transpired next?
A	As we were near the road I used the flashlight and lighted the people around, and I could not get mistake [sic] when my light focus to the one who is lying down the road since I really identify that it was my husband Mandatu besides from the description of his clothings, and there that I saw our "compare" Julio Alvarino with his companion Bonifacio Zamora and Felix Saladar armed with a bolo each of them hacking my husband on [his] knee."cralaw virtua1aw library
Mandatu, Jr., for his part, testified:jgc:chanrobles.com.ph
"Q:	What attracks [sic] your attention towards the place where your father was ambushed or was hacked?
A:	The passing of the tricycle.
Q:	When the tricycle passed, what did you see or hear?
A:	I peeped at the window to see as to who arrives, sir, and I see [sic] my father.
Q:	What was your father doing when you saw him — what was happening?
A:	He was hacked, sir.
Q:	When you see [sic] that your father was hacked, what did you do?
A:	We took a flashlight and proceeded to the place.
Q:	Who were your companions?
A:	My mother and my younger borther [sic], sir.
Q:	Why did you proceed to that place?
A:	To verify whether my father is [sic] dead or not.
Q:	And what did you see when you went to the place where your father was hacked?
A:	We saw three persons hacking my father, sir.chanrobles virtuallawlibrary
Q:	Who were these three persons?
A:	Julio Alvarino, Bonifacio Zamora, and Felix Saladar, sir.
Q:	What did these three persons use in hacking your father?
A:	Bolos, sir.
Q:	At the time that your father was hacked, what was his position?
A:	He was lying down, sir.
Q:	How could it be possible that you identified these three accused when you said that it was a dark night?
A:	Because I recognized them, ma'am
Q:	Yes, but according to you it was dark?
A:	Because we were neighbors for a long time and I can even recognize their voices, even only through their voices, I could recognize them considering that we were neighbors for quiet [sic] a long time already, ma am.
COURT TO MANDATU LUNTAYAN JR:chanrob1es virtual 1aw library
You never saw them?
M. LUNTAYAN JR:chanrob1es virtual 1aw library
We saw them because we have a flashlight, sir." 20
There appears to be no ill motive on the part of the prosecution eyewitnesses to falsely implicate the accused of direct participation in the crime. The anemic statement of appellant that the victim may have resented his act of pacifying a previous quarrel between his first cousin and said victim cannot be given any weight. As basis for concluding that the witnesses would prevaricate and cause damnation to the accused, it is inadequate. 21
The court a quo found the testimonies of the prosecution witnesses worthy of belief and we find no reason to conclude otherwise. This Court accords great respect to and treats with finality the findings of the trial court on the matter of credibility of witnesses, which includes assigning value and weight to their testimonies, absent any palpable error or arbitrariness in their findings. The reason behind this rule is that trial courts have the opportunity, which the appellate courts are deprived of, to observe directly the witnesses' deportment and manner of testifying. 22
While assailing the credibility of the prosecution witnesses, the appellant also advanced the defense of alibi. The court a quo, however, rejected this. Time and again, this Court has held that in order for alibi to prosper, it is not enough to prove that appellant was somewhere else when the offense was committed; it must likewise be demonstrated that he was so far away that it was not possible for him to have been physically present at the place of the crime or its immediate vicinity at the time of its commission. 23 Zamora claims that when the killing took place, he was at his brother's house about 100 meters away from the crime scene. 24 Such short distance could not preclude physical impossibility for the appellant to have been at the place where the victim was attacked. Judicial notice may be taken of the fact that any normal grown-up can easily cover such distance in a few minutes. Appellant showed no disability or any other reason that would have prevented him from doing so.
Hence, the trial court correctly ruled thus:jgc:chanrobles.com.ph
"The Court finds the alibi of Bonifacio Zamora untenable in view of the clear, direct and positive identification made by the witnesses of the prosecution. Lucila and Mandatu, Jr. have clearly, positively and directly identified Bonifacio Zamora as one of those who hacked to death Mandatu, Sr. in the evening of September 20, 1984. In People v. Obando, et al, G.R. No. 72742, February 12, 1990, the Supreme Court, speaking thru Chief Justice Fernan said that 'As a rule, alibi is a weak defense and cannot prevail over the positive testimony of truthful witnesses. The reason is that it is easy of fabrication. Alibi is so easily manufactured and usually so unreliable that it can rarely be given credence. To establish an alibi, a defendant must not only show that he was present at some other place about the time of the alleged crime, but also that he was at such other place for so long a time, that it was impossible for him to have been at the place where the crime was committed, either before or after the time he was at such other place. Furthermore, an alibi should be proved by probable evidence which reasonably satisfies the court of the truth of the defense.'"25cralaw:red
To bolster the claim of alibi, the defense presented Emma Andan and Aurelia Zamora who claimed to have been with the appellant on that tragic night. We likewise hold such testimonies unworthy of belief. Alibi is implausible as a defense when it is established mainly by the accused himself and his immediate relatives. 26
Besides being inherently weak, the accused's alibi cannot prevail over the positive identification made by the prosecution witnesses that Appellant Zamora was one of the assailants. 27 We reiterate our pronouncement that positive identification, where categorical and consistent, almost always prevails over alibi and denial. These two defenses, if not substantiated by clear and convincing evidence, are negative and self-serving evidence undeserving of weight in law. 28
In addition, relatives of the victim who witnessed the brutal slaying usually strive to remember the faces of the malefactors and seek the latter's conviction rather than that of innocent ones. 29
Second Issue: Homicide or Murder?
The appellant disagrees with the ruling of the trial court that the killing of the victim was attended by treachery. He contends that the testimonies of the prosecution witnesses are bereft of statements that would establish the existence of this qualifying circumstance. 30
The essence of treachery is that the attack comes without warning and in a swift deliberate and unexpected manner, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape. 31 It must be shown that the offender employed means, methods or forms which tend directly to ensure the execution of his criminal objective without risk to himself arising from the defense which the offended party might make. 32
Thus, because of the gravity of the resulting offense, treachery must be proved as clearly as the crime itself. Treachery cannot be established from mere conjectures. Absent any particulars as to the manner in which the aggression commenced or how the act which resulted in the death of the victim unfolded, treachery cannot be appreciated. 33
Prosecution Eyewitnesses Lucila and Mandatu, Jr. failed to give a graphic account as to how the attack started and the position of the victim when he was initially hacked. They saw the incident only at the point when the victim was already being hacked. Their testimonies are devoid of details showing the manner of attack: its suddenness or unexpectedness, the relative positions of the victim and his assailants, and the defenselessness of the victim, among others. What they conveyed in court does not indicate that the attack was swift, deliberate and unexpected or that it rendered the victim defenseless and unable to escape. No evidence was presented to show who initiated the incident or how the attack was begun.
Therefore, we hold the appellant guilty only of the lesser felony of homicide, defined and penalized under Article 249 of the Revised Penal Code, without any aggravating or mitigating circumstance.
The trial court directed the appellant to pay the amount of P10,000.00 as moral damages to the heirs of Mandatu, Sr. However, we scanned the entire record for evidence to support the grant thereof and found it wanting. Moral damages may be awarded in favor of the heirs of the victim only upon sufficient proof of "physical suffering, mental anguish, fright, serious anxiety besmirched reputation, wounded feelings, moral shock, social humiliation and similar injury." 34 Absent any basis, we have to set aside the grant of moral damages.
WHEREFORE, in view of the foregoing considerations, the Decision appealed from is hereby MODIFIED. Accused-appellant Bonifacio Zamora is found GUILTY of the crime of HOMICIDE and SENTENCED to an indeterminate penalty of 10 years of prision mayor as minimum to 17 years and 4 months of reclusion temporal as maximum. We AFFIRM the order of the trial court requiring appellant to pay P50,000.00 as indemnity to the heirs of Mandatu Luntayan, Sr.chanroblesvirtual|awlibrary
1.	Records, pp. 2-3.
2.	See Order dated October 14, 1987 of Acting Presiding Judge Emmanuel D. Badoy; records, p. 37.
3.	In Criminal Case No. 716.
4.	Records, pp. 104 and 113.
5.	Ibid, pp. 148-157; penned by Executive Judge Zain B Angas.
6.	Ibid., pp. 156-157.
7.	Decision, pp. 3-4; records, pp. 150-151.
8.	Medical Certificate dated Sept. 20, 1984; records, p. 9.
9.	TSN, May 9, 1989, p. 12. The Certificate of Death issued by Dr. Renato C. Sara on Jan. 18, 1984 stated the cause of death as:jgc:chanrobles.com.ph
"Immediate cause:	a.	Hemorrhage, Severe
Antecedent cause:	b.	Multiple hacked [sic] wounds"
[Records, p. 12.]
10.	Decision, pp. 5-7; records, pp. 152-154.
11.	TSN, March 22, 1990, pp. 4-5, 7-9.
13.	Appellant's Brief, p. 1; rollo, p. 153.
14.	Ibid., p. 9; rollo, p. 161.
15.	People v. Dinglasan, G.R. No. 101312, pp. 15-16, January 28, 1997. See also People v. Ondalok, G.R. No. 95682-83, p. 9, May 27, 1997.
16.	Francisco, R.J., Evidence, 2nd ed., p. 569. See also People v. Ferrer, 255 SCRA 19, 34, March 14, 1996; People v. Gabas, 233 SCRA 77, 84 June 13, 1994.
17.	People v. Pareja, G.R. No. 88043, pp. 10-11, Dec. 9, 1996.
18.	TSN, May 5, 1988, pp. 3, 5-6.
19.	Records, p. 13.
20.	TSN, May 9, 1989, pp. 17-18, 23, 24, 27, 29-31.
21.	People v. Jose, 250 SCRA 319, 324, November 24, 1995.
22.	People v. Sumbillo, G.R. No. 105292, pp. 14-15, April 18, 1997; People v. Ombrog, G.R. No. 104666, pp. 11-12, February 12, 1997; People v. Dinglasan, G.R. No. 101312, pp. 13-14, January 28, 1997; People v. Layno, G.R. No. 110833, p. 14, November 21, 1996; People v. Cogonon, G.R. No. 94548, pp. 13-14, October 4, 1996.
23.	People v. Añonuevo, G.R No. 112989, p. 14, September 18, 1996; People v. Ferrer, 255 SCRA 19, 35, March 14, 1996. See also People v. Paglinawan, 233 SCRA 494, 501, June 28, 1994; People v. Torres, 232 SCRA 32, 39-41, April 28, 1994; and, People v. Sabellano, 198 SCRA 196, 208, June 5, 1991.
24.	TSN, Sept. 13, 1989, p. 6; Nov. 9, 1989, pp. 5-6; March 22, 1990, p. 6.
26.	People v. Anonuevo, supra, p. 16. See also People v. Sancholes, G.R. No. 110999 and 111000, April 18, 1997; People v. Quinevista, Jr., 244 SCRA 586, 594, May 31, 1995; People v. Paglinawan, 233 SCRA 494, 501, June 28, 1994; People v. Sabellano, 198 SCRA 196, 209, June 5, 1991; People v. Torres, 232 SCRA 32, 41, April 28, 1994.
27.	People v. Caritativo, 256 SCRA 1, 9, April 1, 1996; People v. Quinevista, Jr., supra, p. 594.
28.	People v. Datun, G.R. No. 118080, p. 9, May 7, 1997; People v. Sumbillo, G.R. No. 105292, p. 23, April 18, 1997; People v. Azugue, G.R. No. 110098, p. 14, February 26, 1997; People v. Ombrog, G.R. No. 104666, p. 15, February 12, 1997.
29.	People v. Obzunar, G.R. No. 92153, p. 12, December 16, 1996, citing People v. Ramos, Et Al., August 7, 1996 and People v. Sotes, G.R. No. 101337, August 7, 1996.
30.	Appellant's Brief, pp. 10-11; rollo, pp. 162-163.
31.	People v. Ombrog, G.R. No. 104666, pp. 15-16, February 12, 1997; People v. Dinglasan, G.R. No. 101312, pp. 23-24, January 28, 1997; People v. Layno, G.R. No. 110833, pp. 19-20, November 21, 1996; People v. Isleta, G.R. No. 114971, pp. 11-12, November 19, 1996; People v. Cogonon, G.R. No. 94548, pp. 14-15, October 4, 1996; People v. Anonuevo, G.R. No. 112989, p. 17, September 18, 1996; People v. Caritativo, 256 SCRA 1, 13-14, April 1, 1996.
32.	People v. Isleta, G.R. No. 114971, pp. 11-12, November 19, 1996; People v. Cogonon, G.R. No. 94548, pp. 14-15, October 4, 1996.
33.	People v. Obzunar, G.R. No. 92153, pp. 26-27, December 16, 1996; People v. Anonuevo, G.R. No. 112989, p. 17, September 18, 1996. See Also People v. Tiozon, 198 SCRA 368, June 19, 1991, 388; People v. Ablao, 229 SCRA 280, January 14, 1994; People v. Cordero, 217 SCRA 1, 7, January 5, 1993. See also People v. Patamana, 250 SCRA 603, 613, December 4, 1995.
34.	Article 2217 of the Civil Code. See People v. Caballes, G.R. No. 102723-24, June 19, 1997 and People v. Cayabyab, G.R. No. 123073, June 19, 1997.


text:
How can Martin County pay for a golf-course overhaul?
The county is considering a new clubhouse, other improvements at Martin County Golf Course.
How can Martin County pay for a golf-course overhaul? The county is considering a new clubhouse, other improvements at Martin County Golf Course. Check out this story on tcpalm.com: https://www.tcpalm.com/story/news/local/shaping-our-future/growth/2016/12/22/martin-county-could-look-how-other-public-golf-courses-funded-overhauls/95140276/
Lidia Dinkova, lidia.dinkova@tcpalm.com Published 5:20 p.m. ET Dec. 22, 2016 | Updated 8:56 a.m. ET Dec. 23, 2016
Martin County Golf Course in need of repairs & renovation
An orange cone alerts golfers of a severe pothole Wednesday, Dec. 21, 2016, at the Martin County Golf Course in Stuart. JEREMIAH WILSON/TREASURE COAST NEWSPAPERS
The maintenance area, shown here Wednesday, Dec. 21, 2016, is one of the many areas in need of renovation at the Martin County Golf Course in Stuart. JEREMIAH WILSON/TREASURE COAST NEWSPAPERS
Areas in need of repair and renovation are shown Wednesday, Dec. 21, 2016, at the Martin County Golf Course in Stuart. JEREMIAH WILSON/TREASURE COAST NEWSPAPERS
The maintenance area, shown here Wednesday, Dec. 21, 2016, is one of the many areas in need of renovation at the Martin County Golf Course in Stuart.(Photo: JEREMIAH WILSON/TREASURE COAST NEWSPAPERS)Buy Photo
MARTIN COUNTY — Part of the maintenance building at the Martin County Golf Course has no walls. Just a roof that leaks when it rains.
A drainage pipe just behind the first tee onthe Gold & Blue Course — one of two 18-hole courses at the county facility — is failing so badly that it's eroding the concrete of the cart path that covers it. In some places, cart paths snaking through the 300-acre course are so badly cracked that golfers drive their carts on the grass.
"It kind of compounds the problem, because then they come (drive the carts) on the turf that you're trying to keep healthy," course General Manager Frank Doolity said.
Unsightly bathrooms, old sand in the bunkers and exotic Brazilian pepper trees that need to be removed also are issues.
The Martin County Golf Course, 2000 S.E. St. Lucie Blvd., needs about $7 million for a new clubhouse, new cart barn, bathrooms, parking-lot improvements, exotic-vegetation removal and expanded practice facilities, according to Kevin Abbate, county parks director.
At issue: How to pay for the work. Golf-course revenues already fall short of covering even day-to-day operations. The golf course this year dipped into tax receipts, about $160,000, to ensure it has enough to cover operations. Eventually, if course revenues grow enough, that money would be returned to county coffers, Abbate said.
Abbate sees at least two funding options: borrowing money or imposing a sales tax.
However, other public golf courses in South Florida, that also needed major overhauls, have come up with innovative funding strategies.
Looking to Palm Beach County
Like the Martin County Golf Course, Sandhill Crane Golf Club, the city of Palm Beach Gardens' municipal course, needs a new clubhouse.
The nearly $5.9 million cost will come partly from recreation impact fees, or fees developers of new projects pay the city to offset the new development's impact on recreational facilities such as the golf course, and partly from budget reserves, anaccount that's annually supplemented with any surplus, according to city staff.
The ultimate goal, said City Mayor Marcie Tinsley, was to avoid touching tax revenues.
"The impact fees are meant for this. These are recreational impact fees, and, therefore, they are the perfect opportunity to expand the recreational purposes of our city," Tinsley said. In addition, "we had excess dollars in that reserve fund, so we found that versus using typical tax dollars, the ... reserve fund would be a good funding mechanism for the golf course."
The village of North Palm Beach faced similar needs with its municipal course.
That community hasn't finalized the funding for a new clubhouse, but preliminary plans show a creative approach: The village would pay for the $15 million clubhouse. It would include amenities for golfers — such as locker rooms, a pro-shop and a hangout area — and areas that non-golfers could use, such as a pool, a banquet hall and restaurants. The golf course would lease the space for golfers from the village, essentially paying back the cost of the clubhouse areas that golfers use.
"Anything that's pertinent to golf, we will lease that space," said Casey Mitchell, golf-operations director.
Separately, in 2006, the golf course borrowed nearly $4.9 million for a redesign. Greens, fairways and roughs were re-done. Bunkers were relocated.
Famed golfer Jack Nicklaus, who won 18 major championships and has designed numerous golf courses worldwide, redesigned the North Palm Beach Country Club course, Mitchell said.
"When you add the name Jack Nicklaus — and we are a Jack Nicklaus signature facility — it created a lot of buzz," she said. "It helps drive business."
Now, the golf course repays $398,000 of the loan each year, all from golf revenues. It has about six years left to pay it off, Mitchell said.
Taking out the loan for a Nicklaus-designed facility, in hopes that it would elevate play and the course would generate enough to pay back what it borrowed, Mitchell added, ultimately was "a leap of faith."
Would it work in Martin?
Palm Beach Gardens' and North Palm Beach's funding strategies are possibilities for Martin County, but whether the County Commission would approve them — and, moreover, whether they would work — remains a question, said Abbate.
Borrowing money for a redesign and paying it back through golf revenues?
"It's all about if you could pay it back, right?" he said.
And, he added, there's no guarantee revenues would increase with a famous golfer's or designer's name attached. Other golf courses have tried that and failed, including another municipal course in Palm Beach County.
Having the Martin County Golf Course rent a new clubhouse from the county, as the North Palm Beach Country Club plans might do, is an odd business model, Abbate said.
"You are just robbing Peter to pay Paul," he said. "We can move money around all kinds of ways."
Using impact fees, like Sandhill Crane Golf Club is doing, is viable, Abbate said. Martin County collects impact fees earmarked to increase parks capacity, he said.
"The questions would be, 'Is building a new clubhouse increasing capacity?" he said. "We could argue and say, 'If you want to put $1 million in a clubhouse, we could do weddings (there).' That would be permissible."
Ultimately, Abbate said, it depends on what the County Commission decides.
The Martin County Commission so far has asked for the cost of a new clubhouse while keeping the 36-hole golf course, even though two consultants — the nonprofit National Golf Foundation and real-estate firm CBRE — said the county would profit if it shrunk the course.
Abbate is to present the commission with cost estimates, at least for a new clubhouse, on Jan. 10.
Read or Share this story: https://www.tcpalm.com/story/news/local/shaping-our-future/growth/2016/12/22/martin-county-could-look-how-other-public-golf-courses-funded-overhauls/95140276/
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Brrrr! Chilly weather is on the way


The John Hankinson Veterinary Clinic Ltd has been caring for your pets' in the South East London area for over 20 years.
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I am curious as to why PiWiK Analyticsis being run from this site... I appreciate the anonymity this vpn gives me, but i need it [a VPN] more for circumventing the restrictions my isp has placed on my bandwidth. For instance, a few minutes ago i did speed test from isp site without being connected to vpn. The first test yielded what im paying for: 200Mbps DL / 20 Mbps UL...the second test: 7 Mbps / 20 Mbps...the third: 5 Mbps / 15 Mbps...pathetic! But when i am using vpn through recommended site (w SSL), I got .5 Mbps / 2 Mbps from speed test. I have yet to get better than 10 Mbps on airvpn's speed test site. Ive been using same isp for almost a decade. I've transferred a few TB using bit torrent, completely open and vulnerable, with varying bandwidth, for sure, but it was always more than i'm getting through vpn...a lot more actually! I got rid of isp modem/router combo garbage and bought equipment that was designed for a lot more bandwidth than 200 / 20 but my speeds have not changed one bit...i seem to be completely at the mercy of my isp. And so far it seems i'd be better off without vpn, with regards to connection speed. However the nazi-esque internet censorship that gets worse every day has pushed me towards vpn. Im not sure what i'm configuring so incorrectly that i'm barely getting any bandwidth thru vpn....Help is welcomed! And an explanation for PiWik would be nice too!