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20 Comments
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iloveaubreyhuff 2021 days ago
chin4me 2643 days ago
next time i'm at a bakery i want to order 2 gingerbread alligators... make em hump... then... DEATHROLL!!!!!
beatrizarce 2644 days ago
that's hilarious! :-D
LOVEY602 2648 days ago
haaa do u remember the name of the pizza joint???
KaylaCollins 2649 days ago
haha wtf! that is the weirdest dessert ever!
krystlezombie 2651 days ago
it looks like the gingerbread girl pig is pooping, haha
harlequinfuzz 2651 days ago
glad i'm not the only one who is too old to lewdly play with food but does anyways
SFGIANTS_FAN 2651 days ago
Ewwwww. I love gingerbread, but, man, this is a little gross.
nntail88 2651 days ago
Should I be feeling awkward looking at this?
NewWorldSmurf 2651 days ago
This picture is made of win.
hellozombies 2651 days ago
That looks surprisingly tasty. And scandalous. Good luck tomorrow!
jessspin 2651 days ago
haaaahaha thank you for sharing this. that is quite a mess they made. good luck tomorrow!
daniela4u06 2651 days ago
so thats what Ramirez and Hudson do behind closed doors?! nice hahaha
serenitynow1 2651 days ago
can you get swine flu from unprotected pig sex?
NatalieMoreno26 2651 days ago
LMFAO wow..lol..thats all i have to say is WOW lol..
Schuey2k2 2651 days ago
That one is going to town!
tonymonster 2651 days ago
nice!, good luck tomorrow. give em hell
AdamBarajas 2651 days ago
haha Zito your a bad ass... take it easy on my Dodgers tommorow man.
Lehcar0711 2651 days ago
woww Z...wowwww
such scandalous gingerbread pigs lolz
funsize_nancy 2651 days ago
Lol um I think you helped them ;)


text:
- You'll save an extra 5% on Books purchased from Amazon.ca, now through July 29th. No code necessary, discount applied at checkout. Here's how (restrictions apply)
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US Infantryman in World War II (3): European Theater of Operations 1944–45 Paperback – Sep 18 2002
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Robert S. Rush PhD is a retired Command Sergeant Major, who served in the US Army from 1969 to 1999. He has worked as a historian to several key policy review teams for the United States Army. His PhD (Hell in Hurtgen Forest: Ordeal and Triumph of an American Infantry Regiment) focused on US and German units in the Hürtgen Forest, Fall 1944. Robert currently works at the US Army Center of Military History, Fort McNair.
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By Nathan G. - Published on Amazon.com
Format: Paperback Verified Purchase
Having already read part 1 of the infantryman in the pacific part of me wondered whether it and part 3 would partly be redundant but I was really surprised that it is not in any way, in fact each part is very unique in its aspect. Very insightful.
1 of 1 people found the following review helpful
By Michael N. Ryan - Published on Amazon.com
Format: Paperback Verified Purchase
Book 3 of this series provides a nice basic view on the Conscripted American soldier of WWII. Provides insights into the first peace time draft, though I suspect the main reason for Roosevelt wanted it was the fiascoe of conscription of WWI when Woodrow Wilson found so few wanted to have anything to do with his war. My main peeve with this book is that it should have provided the basic designations for men besides 1-A physically and morally fit for service and available and 4-F Physically and Morally unfit and rejected for service. It also provides a nice view of the European theater.
Book 2 of this series, the Volunteer, is also a good read.
Otherwise a good book on the subject.
Book 2 of this series, the Volunteer, is also a good read.
Otherwise a good book on the subject.
By Andashia - Published on Amazon.com
Format: Paperback Verified Purchase
Husband loved this book he is a big WWII buff and loves this book!!
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Security Awareness
What Brexit Means for Global Security Professionals
July 27, 2016 Added by:Dan Lohrmann
The bad guys always show up in force with an assortment of phishing schemes in times of confusion like we are seeing today as a result of the Brexit referendum, especially when people break out of normal patterns and click on new content.
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A View from the Top: The C-Suite Steps Up as Cyber Security Threats Surge
July 13, 2016 Added by:Steve Durbin
When it comes to cyber security, it's more important than ever for board members and core executives—especially those not directly involved with deploying security programs—to fully participate and contribute on a continuous basis.
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From Production Slumps to Industrial Espionage: Why the Manufacturing Sector Must Be Better Prepared for Cyber Attacks
July 12, 2016 Added by:Mirko Brandner
In a connected world, where digitization progresses rapidly and finds its way into our factories, we are inevitably faced with an ever-increasing level of vulnerabilities that lead to security breaches.
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Why Passwords Are the New Exploits
June 28, 2016 Added by:Nick Bilogorskiy
In the age of stolen passwords, compromised credentials are the easiest way in, simpler than phishing, malware or exploits. "Password confirmation" tools are now readily available to find reused passwords matching any website.
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What a Risk-Based Approach to Security Means for Your Business
June 20, 2016 Added by:Steve Durbin
Executives are familiar with the benefits of cyberspace and how the Internet, and today's usage of connected devices, increases innovation, collaboration, efficiency, competitiveness and commitment to customers, but many struggle with assessing the risks versus the rewards.
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Why Is There a Shortage of Security Talent?
June 03, 2016 Added by:Ajit Sancheti
Embracing new technologies that help intelligently automate parts of security to provide overwhelmed security teams a hand is a start. But in the long run, bigger changes to security strategies will need to take place. Everyone in a company needs to be responsible for security, not just the CISO.
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Managing Insider Threats in Today's Digital Age
April 05, 2016 Added by:Steve Durbin
Most research on the insider threat focuses on malicious behavior. However, insider negligence and insider accidents comprise a greater and growing proportion of information security incidents. Chief Information Security Officers (CISOs) who limit their thinking to malicious insiders may be gravely miscalculating the risk.
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Five Key Security Questions to Ask Your Enterprise Communications Vendor
April 05, 2016 Added by:Michael Machado
The more questions you ask, the more you, as a customer, will have the information you need to determine if a cloud vendor is ready to be your partner in the shared security model that cloud computing requires. Here are five to start with for your Unified Communications as a Service (UCaaS) vendor.
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Encryption and Privacy Debates Highlight Serious Challenges for Both Consumers and Businesses
March 24, 2016 Added by:Robert Grapes
As we become more connected through wearables, mobile devices, IoT devices in our homes, security cameras, health trackers, and online bank accounts, we become exponentially more vulnerable to criminal attacks and government intrusion. Civil liberties, anonymity, personal safety, home security, children safety—all is at risk.
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Six Things to Know About Computer Theft
March 15, 2016 Added by:Eyal Bek
Besides the usual precautions, encryption can put a huge dent in the problem by making stored information unintelligible to intruders. Self-encrypting drives further help by minimizing the performance impact by offloading encryption to specialized hardware and taking humans out of the picture.
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March Madness Security Threats Can Drive Any Organization Mad!
March 14, 2016 Added by:Mark Parker
Unfortunately, while the popularity of March Madness (the NCAA Basketball Tournament) has grown exponentially, nearly every facet of any employee's involvement with the event could open up the employee, as well as the organization, to a number of cyber risks.
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Bringing Innovation into Cyberdefense Technologies
February 22, 2016 Added by:Larry Karisny
When I spoke on the need for cybersecurity innovation at the January ITEXPO conference in Fort Lauderdale, Fla., I sensed something interesting about my cybersecurity colleagues: They don't seem to care about innovation; they care about having a job in cybersecurity.
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Yes. The World Needs More Security Predictions
February 17, 2016 Added by:Dan Lohrmann
With the surging growth in cyberspace, new technologies, Wi-Fi, apps, robots, drones, terrorists with social media accounts, the Internet of Things (IoT) and nation-state hacking, online data security has become the Achilles' heel of the Internet. A growing number of people want to know about new apps available for their smartphones and their data in the cloud – along with the upcoming securit...
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Five Security Threats Businesses Should Prepare for in 2016
January 28, 2016 Added by:Steve Durbin
After reviewing the current threat landscape, there are five prevalent security threats that the Information Security Forum believes businesses need to prepare for in 2016. These include, but are not limited to, the unintended consequences of state intervention, Big Data, mobile applications and the Internet of Things (IoT), cybercrime and the growing skills gap in the information security industr...
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The Age of Advanced Threats Has Arrived
January 15, 2016 Added by:Luis Corrons
The most capable defense solutions must not only be centralized, but also be able to automatically block, identify, forensically profile and purge malware, even when it is veiled by legitimate programs and processes. The software needs to be smarter than the malware itself.
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What Do Star Wars and Recent Data Breaches Teach Us About Cyber Ethics?
December 21, 2015 Added by:Dan Lohrmann
Beyond cyber war and the good guys having the right tools to catch the bad guys, there can be a tendency to ignore "more mundane" acceptable use directives. That is, security staff can download copyrighted material (movies and games), view porn at work, look at information that is private (like promotions, raises or other data from management), "borrow" passwords or delete log files to cov...
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- Fighting Alert Fatigue


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kitchen dishwasher ft jobs
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FT Line Cooks and FT Dishwashers
Steuben's ARVADA - Arvada, CO
Our restaurant offers great benefits to kitchen staff including:. STEUBEN'S ARVADA AT RALSTON & WADSWORTH IS HIRING LINE COOKS AND DISHWASHERS NOW!!...
FT and PT Utility / Dishwashers
AVI Foodsystems - Vance, AL
Assist with cleaning the kitchen and maintaining a sanitary work area. Wash dishes, glassware, flatware, pots and/or pans using dishwashers or by hand....
Silver Legacy Resort Casino - Reno, NV
Requires bending and reaching from floor to a height of 6 ft. Performs any combination of duties to maintain kitchen work areas and restaurant equipment and...
FT & PT Dishwashers $10-12 No Nights, Weekends or Holidays!!!
Life Works Restaurant Group at NIKE WHQ - Beaverton, OR
The purpose of this job is to help ensure guest satisfaction by maintaining all dishes, pots, pans, silverware, glasses, equipment, and kitchen utensils in a...


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Baby dies after Sydney hospital bungle
A newborn baby has died and another has been seriously affected after they were accidentally given the wrong gas at a Sydney hospital.
A newborn baby has died and another has been seriously affected after they were accidentally given the wrong gas at a Sydney hospital.
A Sydney security guard was recovering in hospital on Monday night after being savagely beaten on his wayt home for work.
A Sydney judge has told a former prostitute and police trainee whose horses were so malnourished they couldn't stand that she can only keep 18 horses.
Missing woman Cheryl Ardler from Penrith was killed by somebody, a detective has told a Sydney inquest into her disappearance.
A scissor-wielding man has been arrested after another shopper was stabbed in a western Sydney supermarket.
Stuart Kelly, the younger brother of one-punch attack victim Thomas Kelly, has died, with the boys' former Sydney school issuing a statement.
NSW Health Minister Jillian Skinner is facing calls to resign after one newborn baby died and another was left critically ill after being given nitrous oxide.
A policeman who stormed the Lindt Cafe during the Sydney siege believed Man Haron Monis was 'happy to kill'.
Harriet Wran will be eligible for parole on August 12 after being sentenced in the NSW Supreme Court over her role in a deadly robbery.
A 22-year-old man will face court next week charged with sexually assaulting a young girl during a home break-in on the NSW south coast.
Sydney's Woollahra Council will appeal the court decision forcing it to merge with other councils under the state government's amalgamation plan.
The man who murdered two-year-old Tanilla Warrick-Deaves is appealing his maximum 40-year, minimum 30-year jail term
A 16-year-old boy and 36-year-old man have been charged with sexually assaulting a child in Western Australia.
A truck driver has died after hitting a tree at Villawood in Sydney's west during peak hour.
A policeman who stormed the Lindt cafe says he pumped 17 bullets into Man Haron Monis and then "assessed he was no longer going to be a threat".
NSW commuters will no longer be able to pay concession fares if they don't have an Opal card from next week.
A 14-year-old boy has drowned after jumping into a blowhole at Port Macquarie while swimming with friends.
A 21-year-old man has handed himself in to police after he allegedly bashed a man at a western Sydney train station.
- °


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Alan Wake - Follow My Light
If a piercing white light in the sky with the power to rebuild massive structures started talking to us, we'd probably do what we were told too.
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The best Pokémon in Pokémon Go How does Charizard rank against Dragonite and Lapras?
Best tips, tricks and cheats for Pokémon Go What you didn't know about catching 'em all.
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|By PR Newswire
Article Rating:
|January 17, 2013 08:02 AM EST
NEW YORK, January 17, 2013 /PRNewswire/ --
After acquiring wavelength-selective switch (WSS) developer Capella Photonics, Alcatel-Lucent is looking into selling one of its businesses to inject cash into the conglomerate.
The recently concluded 2013 Consumer Electronics Show featured Alcatel-Lucent's (NYSE: ALU) [Full Research Report](1) Connect Program, a collection of 12 cloud-based multi-platform service concepts aimed towards new innovation, highlights of which included interactive digital signage for public places and retail shopping. Although this new outlook contributed to the recent upgraded rating by Goldman Sachs, Alcatel is still in dire need of a cash infusion.
Extending the Deadline
Despite their recent acquisition of privately-held wavelength-selective switch (WSS) developer Capella Intelligent Subsystems Inc., one of the few independent vendors of WSS subsystems for reconfigurable optical add/drop multiplexers in the optical communications market, Alcatel is still on the looking for its holy grail. Alcatel says the acquisition was "strategic to our business" and was "not considered material."
Analysts aren't sure of Alcatel's fate in 2013, according to a report from Daily Finance. The target share price is in fact below 15% of where the stock is trading right now, suggesting tough times will continue for the telecommunications equipment company even if they reduce their losses this year.
Some debt refinancing from a credit facility from Credit Suisse and Goldman Sachs helped buy Alcatel enough time to get in better shape, which is the cause of optimism coming into this year. However, the real challenge is to overcome weak capital spending by its customers and keep up with competition from other industry players, in order to establish a strategic vision for the future, the report said.
Shopping for a Buyer
A report from International Business Times suggests that the number of companies have shown interest in Alcatel's submarine cable business, which could be a solution for the company's financial woes.
The business is proven to be profitable for them, having double digit margins and a 40 percent market share, as told to Bloomberg. Interested companies include investment funds Permira Advisers and PAI Partners, French sovereign fund FSI, and France Telecom. The sale is estimated to generate as much as 800 million euros or $1.1 billion for Alcatel.
The unit is part of the company's optics-equipment business, and sales at the optics unit fell 18 percent in the third quarter to only 480 million euros. In comparison, Alcatel's total revenue fell by only 2.8 percent in that period. Meanwhile, another Alcatel unit is also seen to be put up for sale, focused on selling telecommunications equipment to businesses, valued at 200 million euros.
Reference Links:
(1) The Full Research Report on Alcatel-Lucent - including full detailed breakdown, analyst ratings and price targets - is available to download free of charge at:
Consider National Traders Association
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Big Data, cloud, analytics, contextual information, wearable tech, sensors, mobility, and WebRTC: together, these advances have created a perfect storm of technologies that are disrupting and transforming classic communications models and ecosystems. In his session at @ThingsExpo, Erik Perotti, Senior Manager of New Ventures on Plantronics' Innovation team, provided an overview of this technological shift, including associated business and consumer communications impacts, and opportunities it ...
Jul. 27, 2016 11:35 AM EDT Reads: 134
SYS-CON Events announced today that 910Telecom will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Housed in the classic Denver Gas & Electric Building, 910 15th St., 910Telecom is a carrier-neutral telecom hotel located in the heart of Denver. Adjacent to CenturyLink, AT&T, and Denver Main, 910Telecom offers connectivity to all major carriers, Internet service providers, Internet backbones and ...
Jul. 27, 2016 11:00 AM EDT Reads: 697
SYS-CON Events announced today that LeaseWeb USA, a cloud Infrastructure-as-a-Service (IaaS) provider, will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. LeaseWeb is one of the world's largest hosting brands. The company helps customers define, develop and deploy IT infrastructure tailored to their exact business needs, by combining various kinds cloud solutions.
Jul. 27, 2016 10:30 AM EDT Reads: 1,221
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, discussed how leveraging the Industrial Internet a...
Jul. 27, 2016 09:45 AM EDT Reads: 448
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren't yet translating into a true "cloud" experience within the enterprise. What is stopping the growth of the "private cloud" market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
Jul. 27, 2016 09:30 AM EDT Reads: 2,067
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can't be misused by bad guys in attacks...
Jul. 27, 2016 09:15 AM EDT Reads: 1,360
The best-practices for building IoT applications with Go Code that attendees can use to build their own IoT applications. In his session at @ThingsExpo, Indraneel Mitra, Senior Solutions Architect & Technology Evangelist at Cognizant, provided valuable information and resources for both novice and experienced developers on how to get started with IoT and Golang in a day. He also provided information on how to use Intel Arduino Kit, Go Robotics API and AWS IoT stack to build an application tha...
Jul. 27, 2016 09:15 AM EDT Reads: 1,158
Amazon has gradually rolled out parts of its IoT offerings in the last year, but these are just the tip of the iceberg. In addition to optimizing their back-end AWS offerings, Amazon is laying the ground work to be a major force in IoT – especially in the connected home and office. Amazon is extending its reach by building on its dominant Cloud IoT platform, its Dash Button strategy, recently announced Replenishment Services, the Echo/Alexa voice recognition control platform, the 6-7 strategic...
Jul. 27, 2016 09:00 AM EDT Reads: 463
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC's core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Jul. 27, 2016 08:45 AM EDT Reads: 940
IoT generates lots of temporal data. But how do you unlock its value? You need to discover patterns that are repeatable in vast quantities of data, understand their meaning, and implement scalable monitoring across multiple data streams in order to monetize the discoveries and insights. Motif discovery and deep learning platforms are emerging to visualize sensor data, to search for patterns and to build application that can monitor real time streams efficiently. In his session at @ThingsExpo, ...
Jul. 27, 2016 08:45 AM EDT Reads: 1,073
Verizon Communications Inc. (NYSE, Nasdaq: VZ) and Yahoo! Inc. (Nasdaq: YHOO) have entered into a definitive agreement under which Verizon will acquire Yahoo's operating business for approximately $4.83 billion in cash, subject to customary closing adjustments. Yahoo informs, connects and entertains a global audience of more than 1 billion monthly active users** -- including 600 million monthly active mobile users*** through its search, communications and digital content products. Yahoo also co...
Jul. 27, 2016 08:00 AM EDT Reads: 603
There will be new vendors providing applications, middleware, and connected devices to support the thriving IoT ecosystem. This essentially means that electronic device manufacturers will also be in the software business. Many will be new to building embedded software or robust software. This creates an increased importance on software quality, particularly within the Industrial Internet of Things where business-critical applications are becoming dependent on products controlled by software. Qua...
Jul. 27, 2016 06:30 AM EDT Reads: 1,491
In addition to all the benefits, IoT is also bringing new kind of customer experience challenges - cars that unlock themselves, thermostats turning houses into saunas and baby video monitors broadcasting over the internet. This list can only increase because while IoT services should be intuitive and simple to use, the delivery ecosystem is a myriad of potential problems as IoT explodes complexity. So finding a performance issue is like finding the proverbial needle in the haystack.
Jul. 27, 2016 04:45 AM EDT Reads: 2,286
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jul. 27, 2016 04:30 AM EDT Reads: 2,516
Large scale deployments present unique planning challenges, system commissioning hurdles between IT and OT and demand careful system hand-off orchestration. In his session at @ThingsExpo, Jeff Smith, Senior Director and a founding member of Incenergy, will discuss some of the key tactics to ensure delivery success based on his experience of the last two years deploying Industrial IoT systems across four continents.
Jul. 27, 2016 04:00 AM EDT Reads: 1,572
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
Jul. 27, 2016 02:15 AM EDT Reads: 2,613
The Internet of Things will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, demonstrated how to move beyond today's coding paradigm and shared the must-have mindsets for removing complexity from the develo...
Jul. 27, 2016 02:15 AM EDT Reads: 1,483
Basho Technologies has announced the latest release of Basho Riak TS, version 1.3. Riak TS is an enterprise-grade NoSQL database optimized for Internet of Things (IoT). The open source version enables developers to download the software for free and use it in production as well as make contributions to the code and develop applications around Riak TS. Enhancements to Riak TS make it quick, easy and cost-effective to spin up an instance to test new ideas and build IoT applications. In addition to...
Jul. 27, 2016 12:00 AM EDT Reads: 1,955
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with the 19th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world and ThingsExpo Silicon Valley Call for Papers is now open.
Jul. 26, 2016 11:00 PM EDT Reads: 2,630
IoT is rapidly changing the way enterprises are using data to improve business decision-making. In order to derive business value, organizations must unlock insights from the data gathered and then act on these. In their session at @ThingsExpo, Eric Hoffman, Vice President at EastBanc Technologies, and Peter Shashkin, Head of Development Department at EastBanc Technologies, discussed how one organization leveraged IoT, cloud technology and data analysis to improve customer experiences and effi...
Jul. 26, 2016 11:00 PM EDT Reads: 2,028


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Whereas on 1993's Feels Like Rain Buddy Guy flirted with pop and R&B material, on Slippin' In, released one year later, he firmly reasserts his bluesness. From the very first track on, Guy lets his incomparable guitar loose. Throughout the album, he even experiments with Hendrix-esque effects on his guitar (perhaps at the prodding of producer/engineer Eddie Kramer), but the results never seem kitschy or gimmicky. Accompanied on half of the tracks by ex-Stevie Ray Vaughan associates Tommy Shannon and Chris Layton, the groove is deep and swinging. It makes you realize how much of Vaughan's signature sound lay in his rhythm section. There are only two original Guy compositions on Slippin' In, but since he has always been better as an interpreter than a writer, this is a non-complaint. Playing a superb foil to the leader is none other than Johnnie Johnson, whose solo on "7-11" simply takes over the track. The difference in sound quality between this album and Feels Like Rain is astounding. Whereas on Feels Like Rain the sound was often thin and unimpressive, ?ber-engineer Kramer has created an ideal sonic space here for Guy's music. Some may feel that the individual instruments are too distinct, but for those who feel that the development of multi-tracking and other advances in recording technology are good things will not be disappointed. Also absent from Slippin' In is the rotating all-star casts of notables that appeared both on Damn Right, I've Got the Blues and Feels Like Rain. This is encouraging, because an artist of Guy's stature and caliber does not need celebrity appearances to make his records worth investigating, a fact which he proves masterfully on this album. ~ Daniel Gioffre, All Music Guide
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|I Smell Trouble
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Pineda 9 SCRA 631 3. MERALCO vs Board of Assessment Appeals 114 SCRA 273 4. Serg's Products Inc. vs PCI Leasing and Finance Inc. 338 SCRA 499 5. Leung Yee vs. Strong Machineries 37 Phil. 644 6. Board of Assessment Appeals vs. MERALCO 10 SCRA 68 7. Toledo-Banaga vs. CA 302 SCRA 331 8. Davao Saw Mill Co vs. Castillo 51 SCRA 709 9. People's Bank and Trust Co. vs. Dahican Lumber Co. L -15700 16 May 1967
Mindanao Bus Co. vs The City Assessor and the Treasurer L-17870, 29 Sept 1962 Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-17870 September 29, 1962 MINDANAO BUS COMPANY, petitioner, vs. THE CITY ASSESSOR & TREASURER and the BOARD OF TAX APPEALS of Cagayan de Oro City, respondents. Binamira, Barria and Irabagon for petitioner. Vicente E. Sabellina for respondents. LABRADOR, J.: This is a petition for the review of the decision of the Court of Tax Appeals in C.T.A. Case No. 710 holding that the petitioner Mindanao Bus Company is liable to the payment of the realty tax on its maintenance and repair equipment hereunder referred to. Respondent City Assessor of Cagayan de Oro City assessed at P4,400 petitioner's above-mentioned equipment. Petitioner appealed the assessment to the respondent Board of Tax Appeals on the ground that the same are not realty. The Board of Tax Appeals of the City sustained the city assessor, so petitioner herein filed with the Court of Tax Appeals a petition for the review of the assessment. In the Court of Tax Appeals the parties submitted the following stipulation of facts: Petitioner and respondents, thru their respective counsels agreed to the following stipulation of facts: 1. That petitioner is a public utility solely engaged in transporting passengers and cargoes by motor trucks, over its authorized lines in the Island of Mindanao, collecting rates approved by the Public Service Commission; 2. That petitioner has its main office and shop at Cagayan de Oro City. It maintains Branch Offices and/or stations at Iligan City, Lanao; Pagadian, Zamboanga del Sur; Davao City and Kibawe, Bukidnon Province; 3. That the machineries sought to be assessed by the respondent as real properties are the following: (a) Hobart Electric Welder Machine, appearing in the attached photograph, marked Annex "A"; (b) Storm Boring Machine, appearing in the attached photograph, marked Annex "B"; (c) Lathe machine with motor, appearing in the attached photograph, marked Annex "C"; (d) Black and Decker Grinder, appearing in the attached photograph, marked Annex "D"; (e) PEMCO Hydraulic Press, appearing in the attached photograph, marked Annex "E"; (f) Battery charger (Tungar charge machine) appearing in the attached photograph, marked Annex "F"; and (g) D-Engine Waukesha-M-Fuel, appearing in the attached photograph, marked Annex "G". 4. That these machineries are sitting on cement or wooden platforms as may be seen in the attached photographs which form part of this agreed stipulation of facts; 5. That petitioner is the owner of the land where it maintains and operates a garage for its TPU motor trucks; a repair shop; blacksmith and carpentry shops, and with these machineries which are placed therein, its TPU trucks are made; body constructed; and same are repaired in a condition to be serviceable in the TPU land transportation business it operates; 6. That these machineries have never been or were never used as industrial equipments to produce finished products for sale, nor to repair machineries, parts and the like offered to the general public indiscriminately for business or commercial purposes for which petitioner has never engaged in, to date. 1awphîl.nèt The Court of Tax Appeals having sustained the respondent city assessor's ruling, and having denied a motion for reconsideration, petitioner brought the case to this Court assigning the following errors: 1. The Honorable Court of Tax Appeals erred in upholding respondents' contention that the questioned assessments are valid; and that said tools, equipments or machineries are immovable taxable real properties. 2. The Tax Court erred in its interpretation of paragraph 5 of Article 415 of the New Civil Code, and holding that pursuant thereto the movable equipments are taxable realties, by reason of their being intended or destined for use in an industry. 3. The Court of Tax Appeals erred in denying petitioner's contention that the respondent City Assessor's power to assess and levy real estate taxes on machineries is further restricted by section 31, paragraph (c) of Republic Act No. 521; and 4. The Tax Court erred in denying petitioner's motion for reconsideration.
(Civil Code of the Phil. the tools and equipments in question in this instant case are. (Emphasis ours. those movable which become immobilized by destination because they are essential and principal elements in the industry for those which may not be so considered immobilized because they are merely incidental. in accordance with paragraph 5 of Article 415 of the New Civil Code which provides: Art. etc. as petitioner has carried on. 415. Berkenkotter vs. and thus retain their movable nature. usually found and used in hotels. and which tend directly to meet the needs of the said industry or works. by their nature. are merely incidentals and are not and should not be considered immobilized by destination. Meralco Securities installed from Batangas to Manila a pipeline system consisting of cylindrical steel pipes joined together and buried not less than one meter below the surface along the shoulder of the public highway. though movable in nature. Said equipments may not. 415). typewriters. instruments or implements intended by the owner of any building or land for use in connection with any industry or trade being carried on therein and which are expressly adapted to meet the requirements of such trade or industry . in lieu of the other of less capacity existing therein. restaurants. Thus in the case of Berkenkotter vs. without such equipments. jeep-wagons. and which tend directly to meet the needs of the said industry or works. They are merely incidentals — acquired as movables and used only for expediency to facilitate and/or improve its service. and the sawing is conducted in the land or building. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land.) Aside from the element of essentiality the above-quoted provision also requires that the industry or works be carried on in a building or on a piece of land. Thus. etc. Inasmuch as the central is permanent in character. converted them into real property by reason of their purpose. The pipes are embedded in the soil while the . 61 Phil. not essentials. the decision subject of the petition for review is hereby set aside and the equipment in question declared not subject to assessment as real estate for the purposes of the real estate tax.) So that movable equipments to be immobilized in contemplation of the law must first be "essential and principal elements" of an industry or works without which such industry or works would be "unable to function or carry on the industrial purpose for which it was established." If the installation of the machinery and equipment in question in the central of the Mabalacat Sugar Co.. So ordered.) Note that the stipulation expressly states that the equipment are placed on wooden or cement platforms. therefore. receptacles. its business may be carried on. as essential and principle elements of a sugar central. The law that governs the determination of the question at issue is as follows: Art. Without costs.. (Emphasis ours. so said equipment may not be considered real estate within the meaning of Article 415 (c) of the Civil Code. Similarly. supra. therefore. Even without such tools and equipments. which are incidentals. the Supreme Court said: Article 344 (Now Art. not essential and principal. gives the character of real property to "machinery. cash registers. H. be deemed real property. the "machinery. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land. 663. liquid containers. for these businesses can continue or carry on their functions without these equity comments. — The following are immovable properties: xxx xxx xxx (5) Machinery.Respondents contend that said equipments. Airline companies use forklifts. IBM machines. the necessary machinery and equipment installed for carrying on the sugar industry for which it has been established must necessarily be permanent. etc. Republic Act No. as demanded by the law. before the war. 387. without them the sugar central would be unable to function or carry on the industrial purpose for which it was established. are immobilized by destination. But in the case at bar the equipments in question are destined only to repair or service the transportation business. Meralco vs CBAA114 SCRA 273 Facts: Pursuant to a pipeline concession issued under the Petroleum Act of 1949. pressure pumps. WHEREFORE. On the other hand.. A sawmill would also be installed in a building on land more or less permanently. for its sugar and industry. They can be moved around and about in petitioner's repair shop. 415. tenement or on a specified land. paragraph (5) of the Civil Code. liquid containers. and petitioner's business is not carried on in a building. Inc. In the case of B." We may here distinguish. Cu Unjieng. but the delivery trucks and adding machines which they usually own and use and are found within their industrial compounds are merely incidental and retain their movable nature. we hold that the equipments in question are not absolutely essential to the petitioner's transportation business. it cannot be said that their incorporation therewith was not permanent in character because. receptacles. which is not carried on in a building or permanently on a piece of land . The transportation business could be carried on without the repair or service shop if its rolling equipment is repaired or serviced in another shop belonging to another. Resuming what we have set forth above. machineries of breweries used in the manufacture of liquor and soft drinks. are immobilized because they are essential to said industries. not essential and principle municipal elements of petitioner's business of transporting passengers and cargoes by motor trucks. The following are immovable property: xxx xxx xxx (5) Machinery. Cu Unjieng. and instruments or implements" are found in a building constructed on the land. tho movable. theaters.
The steel towers were considered personalty because they were removable and merely attached to square metal frames by means of bolts and could be moved from place to place when unscrewed and dismantled. Pursuant to the Assessment Law. 484 which authorized the Municipal Board of Manila to grant a franchise to construct. Respondent paid the amount under protest. Laguna and is transmitted to the City of Manila by means of electric transmission wires. are fastened to insulators attached on steel towers constructed by respondent at intervals. and SERGIO T. INC. J. the Court dismissed the petition and the questioned decision and resolution of the lower court is affirmed. Note: Poles . the provincial assessor of Laguna treated the pipeline as real property and issued Tax Declarations. The Case .: After agreeing to a contract stipulating that a real or immovable property be considered as personal or movable. maintain and operate an electric street railway and electric light. DECISION PANGANIBAN. In so far as the pipeline uses valves. SERG"S PRODUCTS. respondent. These electric transmission wires which carry high voltage current. The City Assessor of Quezon City declared the aforesaid steel towers for real property tax under Tax.. 470. Commonwealth Act No. and they can be separated without breaking the material or causing deterioration upon the object to which they are attached. The respondent Meralco has constructed 40 of these steel towers within Quezon City. and filed a petition for review in the Court of Tax Appeals. such property is a proper subject of a writ of replevin obtained by the other contracting party. a party is estopped from subsequently claiming otherwise. Board of Assessment vs Meralco 10 SCRA 68 Facts: The Philippine Commission enacted Act No.valves are welded to the pipes so as to make the pipeline system one single piece of property from end to end. heat and power system in the City of Manila. GOQUIOLAY.was used to denote the steel towers of an electric company engaged in the generation of hydro-electric power generated from its plant. on land belonging to it. vs. it is in its sense machinery within the meaning of the Real Property Tax Code. from its hydroelectric plant in the province of Laguna to the City of Manila. Thus. Issue: Whether or not the Meralco poles constitute real properties so as they can be subjected to a real property tax? Held: The SC ruled that Meralco's steel towers were considered poles within the meaning of paragraph 9 of its franchise which exempts its poles from taxation. PCI LEASING AND FINANCE. It is attached to the land in such a way that it cannot be separated therefrom without dismantling the steel pipes which are welded to the pipeline. pumps and control devices to maintain the flow of the oil. INC. running from the province of Laguna to the said City. they are not attached to an immovable in a fixed manner. Furthermore. Meralco's electric power is generated by its hydro-electric plant located at Botocan Falls. Hence. Issues: Whether or not the Meralco Securities Pipeline System in Laguna is a subject to a realty tax? Held: The Court ordered that CBAA did not with grave abuse and discretion and acted within its jurisdiction in sustaining the holding of the provincial assessor that Meralco Securities Pipeline System in Laguna is subject to a realty tax for the following reasons that the pipes are machinery or improvements and regarded as realty because they are constructions adhered to the soil.. petitioners.
"4[4] In its February 18. 1999 Resolution3[3] denying reconsideration. Q-98-33500 are hereby AFFIRMED. 1998 Order. The writ of preliminary injunction issued on June 15. Rizal and to return to their original place whatever immobilized m achineries or equipments he may have removed." 9[9] The Facts The undisputed facts are summarized by the Court of Appeals as follows:10[10] . the assailed Order dated February 18. praying that the deputy sheriff be enjoined "from seizing immobilized or other real properties in (petitioners") factory in Cainta.5[5] the Regional Trial Court (RTC) of Quezon City (Branch 218)6[6] issued a Writ of Seizure. The decretal portion of the CA Decision reads as follows: "WHEREFORE. 1998 in Civil Case No. 1998 is hereby LIFTED. 47332 and its February 26. 1998 and Resolution dated March 31. premises considered.Before us is a Petition for Review on Certiorari assailing the January 6.7[7] The March 18. 1999 Decision1[1] of the Court of Appeals (CA)2[2] in CA-GR SP No. 1998 Resolution8[8] denied petitioners" Motion for Special Protective Order.
" Hence. They further stated that PCI Leasing [was] estopped from treating these machineries as personal because the contracts in which the alleged agreement [were] embodied [were] totally sham and farcical. this Petition. They argued that to give effect to the agreemen t would be prejudicial to innocent third parties. since the merits of the whole matter are laid down before us via a petition whose sole purpose is to inquire upon the existence of a grave abuse of discretion on the part of the [RTC] in issuing the assailed Order and Resolution. the sheriff again sought to enforce the writ of seizure and take possession of the remaining properties." Observing that Petitioner Goquiolay was an experienced businessman who was "not unfamiliar with the ways of the trade. 1998. It also ruled that the "words of the contract are clear and leave no doubt upon the true intention of the contracting parties. He was able to take two more. not owned. 1998. on the ground that the properties [were] still personal and therefore still subject to seizure and a writ of replevin." Ruling of the Court of Appeals Citing the Agreement of the parties. respondent PCI Leasing and Finance. but was prevented by the workers from taking the rest. praying for a directive for the sheriff to defer enforcement of the writ of replevin. "On March 24. and [its] validity is attacked by the other – a matter x x x which respondent court is in the best position to determine. 1998. by petitioners. the sheriff proceeded to petitioner"s factory. Whether or not the contract between the parties is a loan or a lease. 12[12] " . "This motion was opposed by PCI Leasing (Annex "F"). Whether or not the machineries purchased and imported by SERG"S became real property by virtue of immobilization.11[11] The Issues In their Memorandum. in implementation of said writ. 1998. B. 1998. to accord merit to this petition would be to preempt the trial court in ruling upon the case below. petitioners filed a motion for special protective order (Annex "C"). petitioners submit the following issues for our consideration: "A. petitioners asserted that the properties sought to be seized [were] immovable as defined in Article 415 of the Civil Code. "On April 6." it ruled that he "should have realized the import of the document he signed. they went to [the CA] via an original action for certiorari. 1998. upon an ex-parte application of PCI Leasing." The CA further held: "Furthermore. invoking the power of the court to control the conduct of its officers and amend and control its processes. seized one machinery with [the] word that he [would] return for the other machineries."On February 13. "On April 7. and that they had only been leased. with an application for a writ of replevin docketed as Civil Case No. respondent judge issued a writ of replevin (Annex "B") directing its sheriff to seize and deliver the machineries and equipment to PCI Leasing after 5 days and upon the payment of the necessary expenses. The contract is being enforced by one. necessitating presentation of evidence by both parties. the appellate court held that the subject machines were personal property. ("PCI Leasing" for short) filed with the RTC -QC a complaint for [a] sum of money (Annex "E"). Inc. "On March 25. Q -9833500. the parties" agreement to the contrary notwithstanding. The issues raised herein are proper subjects of a full-blown trial. "In their Reply. "On March 6.
415.." On the other hand. not immovable. 3......" 13[13] While Judge Laqui should not have been impleaded as a respondent. -.. The Court"s Ruling The Petition is not meritorious...Upon the filing of such affidavit and approval of the bond. militate against a contrary characterization. motu proprio.x x x..14[14] substantial justice requires that such lapse by itself should not warrant the dismissal of the present Petition... the Court will resolve whether the said machines are personal.. Serious policy considerations. because they were in fact real property.. As a preliminary matter. the name of Judge Laqui from the caption of the present case... Order.......... the Court will also address briefly the procedural points raised by respondent... Preliminary Matter:Procedural Questions Respondent contends that the Petition failed to indicate expressly whether it was being filed under Rule 45 or Rule 65 of the Rules of Court................. the Court deems it proper to remove...In the main. Main Issue: Nature of the Subject Machinery Petitioners contend that the subject machines used in their factory were not proper subjects of the Writ issued by the RTC.. In this light. It further alleges that the Petition erroneously impleaded Judge Hilario Laqui as respondent... they argue... Rule 60 of the Rules of Court provides that writs of replevin are issued for the recovery of personal property only...... Article 415 of the Civil Code enumerates immovable or real property as follows: "ART.. property which may be a proper subject of a writ of replevin.x x x ....15[15] Section 3 thereof reads: "SEC.. The following are immovable property: x x x....... There is no question that the present recourse is under Rule 45... This conclusion finds support in the very title of the Petition... the court shall issue an order and the corresponding writ of replevin describing the personal property alleged to be wrongfully detained and requiring the sheriff forthwith to take such property into his custody. which is "Petition for Review on Certiorari.
.. or at least. Vicencio.. was a proper subject of a writ of replevin because it was treated as personal property in a contract. instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land..." .. so that they should not now be allowed to make an inconsistent stand by claiming otherwise..18[18] After agreeing to such stipulation... there is absolutely no reason why a machinery. This is really because one who has so agreed is estopped from denying the existence of the chattel mortgage. we disagree with the submission of the petitioners that the said machines are not proper subjects of the Writ of Seizure... Hence.. property pursuant to Article 415 (5) of the Civil Code........... they are consequently estopped from claiming otherwise...... not personal.. and which tend directly to meet the needs of the said industry or works.. The Court has held that contracting parties may validly stipulate that a real property be considered as personal. Although there is no specific statement referring to the subjec t house as personal property....... although each of them was movable or personal property on its own....... like what was involved in the above Tumalad case. Under the principle of estoppel.... may not be likewise treated as such.(5) Machinery. the Court in Makati Leasing and Finance Corp. v.. x x x.. the machines that were the subjects of the Writ of Seizure were placed by petitioners in the factory built on their own land. a party to a contract is ordinarily precluded from denying the truth of any material fact found therein..x x x" In the present case.. Pertinent portions of the Court"s ruling are repro duced hereunder: "x x x.... as in the present case. yet by ceding.19[19] the Court upheld the intention of the parties to treat a house as a personal property because it had been made the subject of a chattel mortgage. Hence. Wearever Textile Mills20[20] also held that the machinery used in a factory and essential to the industry... If a house of strong materials. petitioners are correct in arguing that the said machines are real. they were essential and principal elements of their chocolate-making industry.x x x.. which is movable in its nature and becomes immobilized only by destination or purpose.. The Court ruled: "x x x. intended to treat the same as such... selling or transferring a property by way of chattel mortgage defendants-appellants could only have meant to convey the house as chattel... Indisputably......" Applying Tumalad.. all of them have become "immobi lized by destination because they are essential and principal elements in the industry.. in Tumalad v.." 16[16] In that sense.. receptacles.17[17] Be that as it may. may be considered as personal property for purposes of executing a chattel mortgage thereon as long as the parties to the contract so agree and no innocent third party will be prejudiced thereby...
24[24] Submitting documents supposedly showing that they own the subject machines. therefore. the Lease Agreement clearly provides that the machines in question are to be considered as personal property.1 The PROPERTY is. A resolution of these questions. however.that the machines should be deemed personal property pursuant to the Lease Agreement – is good only insofar as the contracting parties are concerned. real property or any building thereon.should be determined in the trial. petitioners are estopped from denying the characterization of the subject machines as personal property. or attached in any manner to what is permanent. Under the circumstances. is effectively a resolution of the merits of the case. while the parties are bound by the Agreement."25[25] In their Reply to respondent"s Comment.In the present case. Indeed. The validity and the nature of the contract are the lis mota of the civil action pending before the RTC. petitioners contend that the Agreement is a loan and not a lease. or hereafter become. they are proper subjects of the Writ of Seizure. 26[26] These arguments are unconvincing.1 of the Agreement reads as follows:21[21] "12. Section 12. they should be threshed out in the trial. they further allege that the Agreement is invalid. not in the proceedings involving the issuance of the Writ of Seizure. CA.23[23] In any event. It should be stressed. third persons acting in good faith are not affected by its stipulation characterizing the subject machinery as personal. petitioners also argue in their Petition that the Agreement suffers from "intrinsic ambiguity which places in serious doubt the intention of the parties and the validity of the le ase agreement itself. Validity of the Lease Agreement In their Memorandum. in La Tondeña Distillers v. or permanently resting upon.27[27] the Court explained that the policy under Rule 60 was that questions involving title to the subject property – questions which petitioners are now raising -. and shall at all times be and remain. in any manner affixed or attached to or embedded in. there is no showing that any specific third party would be adversely affected. personal property notwithstanding that the PROPERTY or any part thereof may now be. that our holding -." Clearly then. Hence. Specifically.22[22] Hence. In .
at any . Return of property. but on the petitioners for failing to avail themselves of the remedy under Section 5 of Rule 60. Neither is it disclosed that steps were taken to nullify the same. which characterized the subject machinery as personal property. Petitioners" arguments do not preclude the implementation of the Writ. for nothing on record shows that it has been nullified or annulled.If the adverse party objects to the sufficiency of the applicant"s bond. the above-mentioned consequences. or of the surety or sureties thereon. petitioners assailed it first only in the RTC proceedings. which had ironically been instituted by respondent. law and jurisprudence support its propriety. he cannot immediately require the return of the property. the policy apparently being that said matter should be ventilated and determined only at the trial on the merits. he may. it must be presumed valid and binding as the law between the parties. As earlier discussed." The Court rejected the argument and relied on the Deed. -. both of which have no place in a petition for certiorari in the CA under Rule 65 or in a petition for review in this Court under Rule 45. Makati Leasing and Finance Corporation30[30] is also instructive on this point. There is nothing on record to show that the mortgage has been annulled. Moreover. the law does not allow the defendant to file a motion to dissolve or discharge the writ of seizure (or delivery) on ground of insufficiency of the complaint or of the grounds relied upon therefor. as in proceedings on preliminary attachment or injunction. by a proper action in court. x x x" Alleged Injustice Committed on the Part of Petitioners Petitioners contend that "if the Court allows these machineries to be seized. to invoke the title to the subject property. The provision states: "SEC. but can only be a ground for rendering said contract voidable. such fact alone does not render a contract void ab initio. if they come true. the Court noted that the remedy of defendants under Rule 60 was either to post a counter-bond or to question the sufficiency of the plaintiff"s bond. these questions require a determination of facts and a presentation of evidence. In that case. but if he does not so object.29[29] Reliance on the Lease Agreement It should be pointed out that the Court in this case may rely on the Lease Agreement. The Court ruled: "In other words. and thereby put at issue the matter of the title or right of possession over the specific chattel being replevied. the Deed of Chattel Mortgage.that case. or annullable pursuant to Article 1390 of the new Civil Code. should not be blamed on this Court. Accordingly. In fact. Verily. even granting that the charge is true."31[31] They also allege that the seizure would nullify all efforts to rehabilitate the corporation."28[28] Besides. 5. however. was also assailed because respondent had allegedly been required "to sign a printed form of chattel mortgage which was in a blank form at the time of signing. They were not allowed. which allows the filing of a counter-bond. ruling as follows: "x x x. then its workers would be out of work and thrown into the streets.
through the BANK.00. 1950 . the Board of Directors of DALCO. Pursuant to the provision of the mortgage deeds quoted theretofore regarding "after acquired properties.000. a West Virginia corporation licensed to do business in the Philippines sold and assigned all its rights in the Dahican Lumber concession to Dahican Lumber Company . 1950 DALCO executed in favor of the BANK a deed of mortgage covering five parcels of land situated in the province of Camarines Norte together with all the buildings and other improvements existing thereon and all the personal properties of the mortgagor located in its place of business in the municipalities of Mambulao and Capalonga. the Petition is DENIED and the assailed Decision of the Court of Appeals AFFIRMED. 1952. SO ORDERED. Upon DALCO's and DAMCO's failure to pay the fifth promissory note upon its maturity.000.R. as of July 13. the BANK paid the same to the Export-Import Bank of Washington D. As security for the payment of the abovementioned loans. a foreign corporation and a stockholder of DALCO. Subsequently.286 shares of DAMCO to secure the same obligation. executed by both DALCO and the Dahican America Lumber Corporation.the date of execution of the mortgages mentioned above . and by serving a copy bon d on the applicant. to P200. Both mortgages were registered in the Office of the Register of Deeds of Camarines Norte. and for the payment of such sum to him as may be recovered against the adverse party. to develop the concession." WHEREFORE. In addition.00 was paid. spare parts and supplies in addition to.C. in a special meeting called for the purpose..c After July 13.a domestic corporation who was acting as the general purchasing agent of DALCO -the sum of P452.00 from the Export-Import Bank of Washington D. a loan of $250. the sum of P2. On January 13. L-17500 May 16.hereinafter referred to as DALCO .time before the delivery of the property to the applicant. demanded that said agreements be cancelled but CONNELL . require the return thereof.860. Costs against petitioners. in double the value of the property as stated in the applicant"s affidavit for the delivery thereof to the applicant. DAHICAN LUMBER COMPANY G. 1967 Facts: On September 8. or in replacement of some of those already owned and used by it on the date aforesaid.DALCO purchased various machineries. the BANK gave DALCO and DAMCO up to April 1. Atlantic Gulf & Pacific Company of Manila. by filing with the court where the action is pending a bond executed to the applicant.678.R.000.55 and to DAMCO. evidenced by five promissory notes of $50.00. DALCO executed a second mortgage on the same properties in favor of ATLANTIC to secure payment of the unpaid balance of the sale price of the lumber concession amounting to the sum of $450. No. PEOPLE'S BANK AND TRUST CO. Camarines Norte. L-17500 May 16. and the latter assigned to the former its credit and the first mortgage securing it. DALCO obtained. 1967 PEOPLE'S BANK AND TRUST CO. equipment. On the same date. Company (Philippines) .296 shares of stock of DALCO and 9. the BANK.000. of which only the amount of $50.chan On December 16. maturing on different dates.00. 1950.34. spare parts and supplies by CONNELL and DAMCO to it. there appeared in the books of DALCO as due to Connell Bros. if such delivery be adjudged. In connection with these purchases. DAHICAN LUMBER COMPANY G." the BANK requested DALCO to submit complete lists of said properties but the latter failed to do so.00 each. vs.151. DALCO obtained various loans from the People's Bank & Trust Company amounting. 1948.for the total sum of $500. Both deeds contained a provision extending the mortgage lien to properties to be subsequently acquired by the mortgagor.. passed a resolution agreeing to rescind the alleged sales of equipment.C. No. in its own behalf and that of ATLANTIC.000.000. Thereafter. on July 13. vs. 1953 to pay the overdue promissory note. In addition thereto DALCO and DAMCO pledged to the BANK 7. 1953.
CASES IN LABOR STANDARDS 1. ATLANTIC and the BANK. Comia GR No. Such stipulation is neither unlawful nor immoral. and the other half as representing those obtained from the sale of the "after acquired properties". equipments. tools. the Court ordered the sale of all the machineries. to upon. Assuming that they are subject thereto. they came within the operation of Art.00 which was deposited in court pending final determination of the action. HELD: Under the fourth paragraph of both deeds of mortgage. therefore. Upon motion of the parties the Court. construct. vs. the characterization of the "after acquired properties" as real property was made not only by one but by both interested parties. Datu and Co. the lower court held that inasmuch as "the chattels were placed in the real properties mortgaged to plaintiffs. and the same were subsequently sold for a total consideration of P175. or in connection with the premises .and DAMCO refused to do so. 47800 2. paragraph 5 and Art. NLRC 253 SCRA 112 3. On the strength of the above-quoted legal provisions. the original value of the properties given as security.00) of this amount was considered as representing the proceeds obtained from the sale of the "undebated properties" (those not claimed by DAMCO and CONNELL). By a similar agreement one-half (P87. it is crystal clear that all property of every nature and description taken in exchange or replacement. on September 30. or use in. L. fixtures. Williams GR. NLRC 256 SCRA 735 6. NLRC 260 SCRA 589 8. 415. Williams (GR 47800. People vs. vs. 1953. its lumber concession . on February 12. 2127 of the New Civil Code". instruments or replacements intended by owner of the tenement for an industry or works which may be carried on in a building or on a piece of land. receptacles. Laurel (J): 4 concur Facts: . ISSUE: WON the "after acquired properties" were subject to the deeds of mortgage mentioned heretofore. and shall tend directly to meet the needs of the said industry or works. Honrada 243 SCRA 640 10. 1953. Flores vs. among them being machinery.2 December 1940)Calalang vs. NLRC 253 SCRA 440 4. upon motion of all the parties. Raycor Air Control Systems vs. machineries. to the extent allowed by circumstances. attach. In the present case. Article 415 does not define real property but enumerates what are considered as such. more reason to hold that such consensus impresses upon the properties the character determined by the parties who must now be held in estoppel to question it. North Davao Mining Corp. 109761 1 Sept 1994 Summary: Calalang vs. On August 30. Calalang vs. JMM Promotions and Management Inc. equipment and supplies of DALCO.T. City Fair Corporation vs. its obvious purpose being to maintain. NLRC 254 SCRA 721 98 5. Williams [GR 47800. install.000. CA 260 SCRA 319 7. People vs. As a result. and other property that the mortgagor may acquire. Samson vs. 1958."shall immediately be and become subject to the lien" of both mortgages in the same manner and to the same extent as if already included therein at the time of their execution. vs. as well as all buildings.that is. issued an order transferring the venue of the action to the Court of First Instance of Manila.500. commenced foreclosure proceedings in the Court of First Instance of Camarines Norte against DALCO and DAMCO. NLRC 243 SCRA 572 9. WON the mortgages are valid and binding on the properties aforesaid inspite of the fact that they were not registered in accordance with the provisions of the Chattel Mortgage Law. There is. 2 December 1940]First Division.
for a period of 1 year from the date of the opening of the Colgante Bridge to traffic. through the adoption of measures legally justifiable. brought before theSupreme court the petition for a writ of prohibition against A. nor atomism. through the maintenance of a proper economic and social equilibrium in theinterrelations of the members of the community. Williams . must be founded on the recognition of the necessity of interdependence among divers and diverse units of a society and of the protection that should be equally andevenly extended to all groups as a combined force in our social and economic life. and along Rizal Avenue extending from the railroad crossing at Antipolo Street to Echague Street. constitutionally. therefore. in pursuance of the provisionsof Commonwealth Act 548. D. On 2 August 1940. Vicente Fragante. consistent with the fundamentaland paramount objective of the state of promoting the health. Social justice means the promotion of the welfare of all the people." but the humanization of laws andthe equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. and from 1:30 p. comfort. as Chairman of the National TrafficCommission.This case is known primarily for the words of Justice Jose P. to promulgate rules and regulations to regulate and control the use of andtraffic on national roads. recommended tothe Director of Public Works the adoption of the measure proposed in the resolution.. as Acting Chief of Police of Manila. and of bringingabout "the greatest good to the greatest number. from 7:30a.m. nor despotism. the adoption by the Government of measures calculated to ensure economic stability of all thecomponent elements of society. . with the approval of the Secretary of Public Works and Communications." Calalang vs. A citizenchallenged this regulation. in his capacity as a private citizen and as a taxpayer of Manila. to 5:30 p. Laurel defining social justice: :³ S ocial justice is neither communism.Social justice is "neither communism.. with the modification that the closing of Rizal Avenue to traffic toanimal-drawn vehicles be limited to the portion thereof extending from the railroad crossing at Antipolo Street to Azcarraga Street. through the maintenance of a proper economic and social equilibrium in the interrelations of the membersof the community. theadoption by the Government of measures calculated to insure economic stability of all the competent elements of society. in its resolution of 17 July 1940. nor despotism. as Acting Secretary of Public Worksand Communications.m. 726 (1940) . recommended to the latter the approval of the recommendation made by theChairman of the National Traffic Commission.but is remembered because it contains a definition of social justice.The National Traffic Commission.m. Sergio Bayan. Eulogio Rodriguez. nor atomism. Issue Was the regulation valid? Ruling Yes. 70 Phil. which authorizes said Director of Public Works. but the humanization of lawsand the equalization of social and economic forces by the State so that justice in its rational and objectively secular conception may at least be approximated. the Director of Public Works. Williams The classic case of Calalang vs. and quiet of all persons. Social justice. and Juan Dominguez. Issue: Whether the rules and regulations promulgated by the Director of Public Works infringe upon theconstitutional precept regarding the promotion of social justice to insure the well-being and economic security of allthe people. nor anarchy. or extra-constitutionally.through the exercise of powers underlying the existence of all governments on the time-honored principle of saluspopuli est suprema lex. Maximo Calalang. The Mayor of Manilaand the Acting Chief of Police of Manila have enforced and caused to be enforced the rules and regulations thusadopted. resolved to recommend to the Director of Public Works and to the Secretary of Public Works and Communications that animal-drawn vehicles be prohibitedfrom passing along Rosario Street extending from Plaza Calderon de la Barca to Dasmariñas Street. through the exercise of powers underlying the existence of all governmentson the time-honored principle of salus populi est supremo lex. on 18 July 1940. or extraconstitutionally. On 10 August 1940. constitutionally.m. in his first indorsement to the Secretary of Public Works and Communications.m. approved the recommendation of the latter that RosarioStreet and Rizal Avenue be closed to traffic of animal-drawn vehicles. Held: The promotion of social justice is to be achieved not through a mistaken sympathy towards any given group. the Secretary of Public Works and Communications. Williams. The Chairman of the National Traffic Commission. Facts A traffic regulation in Manila banned calesas from some streets in Manila during certain afternoon hours. to 11 p. in his secondindorsement addressed to the Director of Public Works. as Mayor of the City of Manila. as Director of Public Works. from a period of one year from the date of the opening of the Colgante Bridge to traffic.m. tackled the issue of police power for public welfare. Social justice means the promotion of the welfare of all the people. from 7 a. The Supreme Court upheld the regulation as a valid exercise of police power in the interest of public welfare. to 12:30 p. between the points and during the hours asindicated. through the adoption of measures legally justifiable. nor anarchy.
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TN: Court adjourns proceedings against Sasikala
Bangalore: A special court trying the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa Wednesday adjourned to January 18, the proceedings against her former close aide and co-accused Sasikala Natarajan concerning the translation process.
Special Judge B M Mallikarjunaiah adjourned the matter after counsel for Sasikala submitted a copy of the Karnataka High Court order granting six weeks stay on the proceedings.
On December 19, Justice B V Pinto granted six weeks stay on the proceedings on a petition by Sasikala, seeking translated versions of questions framed by the court in Tamil.
Sasikala, who has since been expelled from AIADMK by
Jayalalithaa, had moved the high court after the Special Judge
on December 14 rejected her plea seeking a direction to the
interpreter to keep the translated version of the questions
framed by the court ready in Tamil and then record the answers
in Tamil which could then be translated into English.
While granting one week time to Sasikala to move the high court, the Judge had adjourned proceedings on recording her statement under section 313 of CrPC (power to examine the accused) to today.
The special court was to question Sasikala after the
four-day deposition of Jayalalithaa last month during which
she answered 1,339 questions framed by the judge.
The case relates to accumulation of wealth allegedly
disproportionate to Jayalalithaa`s known sources of income
when she was chief minister in 1991-96. It was shifted to
Bangalore by the Supreme Court on a petition by DMK General
Secretary K Anbazhagan.
Sasikala, a trusted aide of Jayalalithaa and often
considered a power centre in the AIADMK, was expelled along
with her husband M Natarajan and 12 others from AIADMK`s
primary membership on December 19, reportedly due to their
`over reach` in administrative and political matters.
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Listen to Chase
Aug 23, 2009, 8:21 PM EDT
I'm lifting the following as is from Matt Terl's Official Redskins Blog.
I had asked Chase Daniel if his performance tonight had started to answer some of the questions about his ability to transition to the NFL game. It was clearly not the first question along those lines that Daniel had answered tonight, and his answer showed a combination of amusement and exasperation.
"Guys," he said, "it's one game. It's two series, really, and one play. You know, I've got a long way to go. I had a great showing tonight, just gotta keep working at it. That's a long term question; time will tell."
Everyone wants to read so much into a few series. It's not that it's OK to play poorly or that it's not a positive development if one plays well. It just doesn't mean that much one way or the other.
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Make Your Google Map Stand Out With Styles
Look out, CloudMade. Google announced a new feature in its Maps API that lets developers control the underlying map imagery. Map Styling gives you control of colors and whether types of features are included in the map. Previously this level of map styling was only available by paying for underlying map data, or using the Open Street Map project that CloudMade is based upon.
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Paid Legal Holidays. Assistant Managers are responsible to:. Assistant Managers are responsible for providing support to the Store Manager in the direction and...
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The Store Assistant Manager is primarily responsible to work with the Store Manager to achieve Sales and Profits....
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Complying with legal regulations; Proven track record in a supervisor or manager role. Grill and Pub is currently looking for managerial stars in our growing...
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Seeks guidance from Market Manager in areas about legal questions or obligations. Recommends pay changes for Restaurant employees to Store Manager....
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Author and Publisher - Catholic Online
Euthymius was born of wealthy parents at Militene, Armenia. He studied under the bishop there and was ordained. He was appointed supervisor of the monasteries in the diocese but when twenty-nine, he became a monk at the Pharan laura near Jerusalem. About 411, he left to live with a companion in a cave near Jericho, attracted numerous disciples, left his companion, Theoctistus, as superior, and moved to a more remote spot. He still attracted many and converted so many, including a great many Arabs, that Patriarch Juvenal of Jerusalem consecrated him bishop to minister to them. Juvenal built him a laura on the rode from Jerusalem to Jericho, which Euthymius ruled by vicars. He attracted enormous crowds among them, Eudoxia, the widow of Emperor Theodosius II, who followed his advice to give up her allegiance to the Eutychians and return to orthodoxy in 459. He died on January 20 after sixty-six years in the desert. His feast day is January 20.
St. Benedict is believed to have been born around 480, as the son to a Roman noble of Norcia and the twin to his sister, Scholastica. In the fifth century, the young Benedict was sent to ... continue reading | shop
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One of the Forty Martyrs of England and Wales. He was born at Dufton, at Westmoreland, England, and studied at Oxford. Becoming a Catholic in 1576, he went to Reims and received ordination in 1581. ... continue readingMore Saint of the Day
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When St. Mamertinus was Abbot of the monastery which St. Germanus had founded at Auxerre, there came to him a young man called Marcian (also known as Marian), a fugitive from Bourges then occupied by the Visigoths. St. Mamertinus gave him the habit, and the novice ... continue reading
St. Lydwine is the patroness of sickness Lydwine of Schiedam was born at Schiedam, Holland, one of nine children of a working man. After an injury in her youth, she became bedridden and suffered the rest of her life from various illnesses and diseases. She experienced ... continue reading
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text:
I was very impressed with the technology and service that I received at the Winston Eye Center. My only suggestion is don't buy the Adidas half frames. The lens is poorly retained and if you loose one Addis doesn't warrant it and neither does Winston. At least the lenses in the half frame readers at Walmart don't fall out.
Knoxville Dr Bizers Visionworld
1. Dr Bizer's VisionWorld - CLOSED
3078 N Mall RdKnoxville, TN 37924
2020 Chapman HwyKnoxville, TN 37920
3. Lasik Vision Institute
My experience there was all good. The actual procedure took about 5 minutes and by the next morning, everything was amazingly sharp and clear. Aft…
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Serving the Knoxville Area.
From Business: TLC is North America's largest LASIK provider, having performed more than 2.2 million laser eye surgery procedures since our founding nearly 20 years ago. We are a …
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5030 Kingston PikeKnoxville, TN 37919
From Business: We offer Varilux, Hoya, Zeiss, and other progressive lens brands. We also offer Trivex, polycarbonate, and high index lenses along with Crizal anti-reflective coati…
6. Winston Eye And Vision Center
Very accommodating and easy to work with your schedule. Overall, great doctors, office staff, and service focused on the patient. Also, very knowled…
7. Knoxville Optical Supply Inc
941 N Broadway StKnoxville, TN 37917
8. The Eye Group
11124 Kingston PikeKnoxville, TN 37934
From Business: Whole Family Eye Care Professionals
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90 Vermont AveOak Ridge, TN 37830
From Business: The Eye Center of Oak Ridge offers medical services in the area of ophthalmology. The center features an ambulatory surgery center and optical shop. It conducts eye…
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6719 Maynardville PikeKnoxville, TN 37918
11. Clancy Optical Co
12. Eye Surgery Center of East Tennessee
1124 E Weisgarber Rd Suite 110Knoxville, TN 37909
13. Visionworks
10930 Parkside DrKnoxville, TN 37934
14. Mark Lynn & Assoc P
3001 Knoxville Center Dr # Ho3Knoxville, TN 37924
15. Torrey Carlson, O.D.
7600 Kingston PikeKnoxville, TN 37919
From Business: Dr. Torrey Carlson, OD is the local eye doctor to see for all of your eye care needs in Knoxville, TN. As your local Knoxville optometrist, Dr. Carlson can help dia…
16. Luttrell's Eyewear West
11730 Kingston PikeKnoxville, TN 37934
17. Turner Vision Of Tennessee
5338 N Broadway St Ste 1Knoxville, TN 37918
18. Renfro, Robert A
941 N Broadway StKnoxville, TN 37917
19. Ojos Exquisite Eyewear - CLOSED
9430 S Northshore DrKnoxville, TN 37922
20. Eye Care Clinic
7600 Kingston Pike # 1431Knoxville, TN 37919
21. Dogwood Optical
625 S Gay St Ste 110Knoxville, TN 37902
22. Clancy Optical
9700 Kingston PikeKnoxville, TN 37922
23. Andes Optical
4317 Papermill DrKnoxville, TN 37909
24. Dr. Daniel Devine
11100 Parkside DrKnoxville, TN 37934
From Business: Dr. Daniel Devine is the local eye doctor to see for all of your Optometry needs in Knoxville, TN. From contact lens examinations to contact lens fittings to genera…
25. David H Miller & Associates
9409 S Northshore DrKnoxville, TN 37922
26. Hubble Telemedical Inc
310 N Cedar Bluff Rd Ste 325Knoxville, TN 37923
27. Vision Best Eye Care
11663 Parkside DrKnoxville, TN 37934
28. Dorian D Lain OD
11124 Kingston PikeKnoxville, TN 37934
29. Stanton Optical
3001 Knoxville Center DrKnoxville, TN 37924
30. Cole Vision Lab - CLOSED
4716 Middle Creek LnKnoxville, TN 37921
Very accommodating and easy to work with your schedule. Overall, great doctors, office staff, and service focused on the patient. Also, very knowledgable about different contacts and options so your eyewear is comfortable and fits your needs.