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The Laurel Park's winter meeting ended March 29 with apprentice jockey Trevor McCarthy taking the jockey title and four conditioners sharing the trainer title.
Trainers Hugh McMahon, Juan Vazquez, Claudio Gonzalez, and Kieron Magee tied with 19 victories to rank as the top trainers at the 42-day meet that lost five days to inclement weather.
Their battle for top honors came down to the 375th and final race of the meet. McMahon and Gonzalez had starters in the finale but neither of their runners hit the board. The two trainers combined to go 0-for-7 on the 10-race card.
Vazquez went winless with four starters during the afternoon, and Magee did not have any runners on closing day. Magee finished the meet with an impressive 30% winning percentage.
"Who saw that coming?" Magee said. "After we won our 19th (March 28), the others had 20 shots to win a race. I kept waiting for somebody to win a race and as every race went by (closing day) I kept thinking we had a chance though my wife and I left after the eighth race because I thought Hugh would win the last race.
"As I walked out Hugh sent me a text that said, 'Good Luck'. That was a classy move. Juan just called to congratulate me. I couldn't be happier. I have 22 horses. Hugh has 80 in training. Juan has more than 70. Four years ago I had four or five horses. To win a share of the title, believe me, I am thrilled."
McCarthy topped the jockey standings with 54 first place finishes, 16 more than Victor Carrasco.
The 19-year-old had 18 multiple win days during the meet. The son of former rider Mike McCarthy will become a journeyman next month. Last year he ranked fourth in victories and was third in earnings among apprentice riders. He finished fifth in the voting for outstanding apprentice rider despite missing five months with a broken left tibia. Carrasco became the 10th Maryland-based rider be honored with the Eclipse Award for outstanding apprentice jockey when he won the honor for 2013.
"I really would have liked a chance at winning the Eclipse Award last year but I got hurt," McCarthy said. "So my goal is to get near Carrasco's stats as an apprentice before I lose the bug on April 19."
Carrasco finished his bug year with 228 victories and nearly $4.7 million in earnings. McCarthy has 212 winners with $5.6 million in earnings.
Midwest Thoroughbreds Inc. topped the owner standings with 12 victories.


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NBC "Meet the Press" -Transcript
MR. RUSSERT: Our issues this Sunday -- the president restates his belief in the war.
PRESIDENT GEORGE W. BUSH: (From videotape.) We must help Iraq defeat those who threaten its future.
MR. RUSSERT: And he calls for an enduring relationship with Iraq that would keep American forces there "beyond my presidency." What now? With us, decorated Vietnam veteran, 2004 Democratic presidential nominee, Senator John Kerry; and decorated Vietnam veteran, 2008 Republican presidential candidate, Senator John McCain. Kerry and McCain square off, a debate -- should we leave or should we stay?
Then -- the very latest on the 2008 race for the White House. Insights and analysis from Chris Cillizza of WashingtonPost.com and Chuck Todd, political director of NBC News.
But first the debate over the war in Iraq -- front and center across the country, in our nation's capital yesterday, as antiwar protestors and counter-demonstrations were held. The debate is also front-and-center this morning right here on "Meet the Press." We are joined by two men who have seen war, who feel they should be president, and who have very strong but different views on the way forward in Iraq.
With us, Democrat John Kerry, Republican John McCain. Welcome both.
SEN. McCAIN: Good morning.
MR. RUSSERT: Let me start with you, Senator McCain. What should be the U.S. strategy in Iraq for the next year?
SEN. McCAIN: The U.S. strategy in Iraq should be to defeat al Qaeda, to do everything we can to reverse the increasing influence of Iran in Iraq, and to achieve or move towards the goal of military security and a functioning government.
MR. RUSSERT: General Petraeus was in Washington, and he testified, and he agreed that in order to do that, we will lose, on the average, two U.S. men and women per day; 15 will be wounded or injured per day at a cost of $300 million per day. Is it worth it?
SEN. McCAIN: Well, General Petraeus's answer was pretty much the same as mine. All of us are saddened and frustrated by the course of this war. It was very badly mismanaged by the former secretary of Defense and this administration. I, late in 2003, said this strategy is doomed to failure; that we had to fix it; that we had to adopt the strategy that we have now adopted, and it is not succeeding.
Are we heartbroken at the loss and sacrifice of these brave young Americans? Of course. But the point is that now we are succeeding with this strategy, and that's the opinion of most observers, and abandon it and either go back to the previous failed strategy, which some Democrats want to do, or set a date for pullout, and indicate we're leaving the neighborhood then there is no doubt in my mind of the consequences, and that will be genocide, chaos in the region, and far worse than the situation we have today, which I believe can succeed given sufficient time.
MR. RUSSERT: Senator Kerry, your response.
SEN. KERRY: Well, the Bush-McCain strategy of escalating our troops in the middle of a civil war has no relationship directly to what you need to do to resolve the civil war. So you can put additional troops in and secure a small area here or there, but everybody knows there are not enough troops to be able to secure all of the areas you need to secure and, most importantly, it does absolutely nothing to resolve the fundamental differences, Tim.
A policy of putting more troops in and staying is a policy for staying. It is not a policy for winning or for changing the equation. And the fact is that over the last four and a half years, they've had ample opportunity to make any of the fundamental political decisions that really don't relate to security. An oil revenue law does not take security to be passed. A de-Baathification law does not take security to be passed; it takes political will. They have been shown the political will; we have to change the fundamental equation and create leverage in our relationship.
A second major point -- This is making us weaker in the war on terror, it is emboldening Iran, empowering Iran, empowering Hamas, empowering Hezbollah. The United States has lost leverage in the region, we need a better policy, and there is a better one.
MR. RUSSERT: Which is?
SEN. KERRY: The better policy is to re-establish that leverage; is to make it clear to the Iraqis that we are leaving over a period of time; that we're --
MR. RUSSERT: How long?
SEN. KERRY: Over the year -- that is what all of us have said -- 52 votes, a majority of the United States Senate has voted to do that, and Republicans are obstructing our ability to be able to change the policy of the war. The fact is that we have no leverage.
If the president says, "A year from now we're going to have 130,000 troops there," and we're going to go back to where we were almost a year ago when the country almost fell apart, that is not putting pressure on the Iraqis.
MR. RUSSERT: A phased withdrawal over the course of the next year?
SEN. McCAIN: It depends on the situation on the ground. In all due respect to the comments that John just made, you would think that we have pursued the same strategy for the last four years or so. The fact is we have changed that strategy, albeit way too late, and in Anbar Province, parts of Baghdad, the Kurdish areas, there are areas of a secure environment. There is significant political progress on the ground in the local environment. I am convinced that the Maliki government, if they are told we are leaving, they have to stay in the neighborhood, and they will adjust to conditions in the neighborhood -- that's making deals with al Qaeda and others.
The consequences of a set date for withdrawal, in the view of many who oppose us going into the war in the first place, General Skowcroft, General Zinni, others, would be, including the piece by Dr. Kissinger in this morning's Washington Post, all agree that setting a date for withdrawal would cause us to have severe national security problems in the future. General Jim Jones's commission testified before the Senate Armed Services Committee last week that if we set a date for withdrawal, it will have severe national security implications not only Iraq but the region.
Look at the region -- what do the Saudis do when they feel they have to help the Sunni? What happens when the Iranians gain further and further leverage in the region? What happens as far away as Afghanistan and Pakistan? The Syrians, who are now exporting suicide bombers into Iraq? The lethal explosives that are coming in from Iran? All of that will accelerate, and we will have cause, unfortunately, to return.
And I understand, again, the frustration that people feel, but to somehow assert that we have been pursuing exactly the same tactic is simply not in keeping with what we have been doing on the ground. And I am proud of General Petraeus's leadership, and I'm appalled by the attacks that have been made on him.
SEN. KERRY: Tim, let me answer that, if I may, because it's a very important distinction that's got to be drawn here. John keeps using the word "withdrawal," and a fixed date for withdrawal is now going to abandon Iraq. We're not talking about abandoning Iraq. We're talking about changing the mission and adjusting the mission so that the bulk of your combat troops are withdrawing ultimately within a year, but that you are continuing to provide the basic backstop support necessary to finish the training, so they stand up on their own, and you are continuing to chase al Qaeda.
Now, I think John and others have a fundamental misunderstanding of the relationship of al Qaeda to Iraq. Number one, it wasn't there. I thought one of the starkest things that General Petraeus said -- did this have anything to do with al Qaeda? Was al Qaeda in Iraq before we attacked? "No, it wasn't," he said. There was no al Qaeda there.
So we are in Iraq today on false pretenses in the middle of a civil war, expending our troops while Iraqi politicians used us as cover for their own gains. And the only way you will change that is to change this equation. When the president says to them, "We'll stay as long as it takes," they can make the decision to take as long as they want to make any decision necessary.
You wouldn't negotiate the sale of your home the way we're negotiating in Iraq. There is no leverage. We've said we're there. You have to create uncertainty, you have to create leverage, and the only way to do that is say to them, "This mission is transitioning. You have to take responsibility for this security over the course of the next year, and we're going to take a different position."
Now, there is one other ingredient to that, and it's been missing. You have to surge the diplomacy here, not the troops. There is such a stunning absence of real diplomacy in this effort. Where is Condi Rice? Where is the effort of this administration to be engaged in a standing summit and conference where you go into a room, and the president gives the instructions, "You don't leave here until you know one of three things -- They're either willing to have pluralism and settle these differences and do the passing of these laws, or they're going to live in some kind of a semi-partitioned forum where Sunni can't go kill Shi'a and Shi'a can't kill Sunni, or it's impossible.
A president ought to be demanding those answers, and I believe that, you know, what we're doing today, no young American ought to give their life or be grievously wounded so Iraqi politicians can delay making fundamental decisions that they haven't made over four and a half years, and their constituents won't let them make them.
SEN. McCAIN: Do you know what John is advocating? Is to go back to the failed tactic of before. And whether al Qaeda was there before or not, al Qaeda is there now, al Qaeda is there now. Who blew up the mosque in Samara? Who just went in the northern part of Iraq and killed 500 innocent, impoverished people? Who is it that continues to set up most of these suicide bombs to try to increase the sectarian violence between Sunni and Shi'a? It's al Qaeda -- it's al Qaeda in Iraq.
SEN. McCAIN: Let me just finish what I'm saying, please. And General Petraeus has said, and I take his word for it, that Iraq is now the central front in the war against al Qaeda. Now, John and his friends don't believe that. I believe the compelling evidence on the ground indicates that clearly, and to say we're going to have a date for withdrawal in complete ignorance of the facts on the ground, in my view, is a recipe for failure and disaster.
SEN. KERRY: Let me speak to that also -- I read and listened to the testimony of John McCain questioning General Petraeus, and John McCain asked him about being the central front, and he said, "How do you know it's the central front?" And he said, "Because I talked to the head of the National Intelligence, and they tell me al Qaeda says it is their central front."
Now, al Qaeda can choose to make it their central front, but we're not leaving al Qaeda to that front. Everything in the Democratic proposal that has 52 votes, a majority of the Senate, says we will leave troops to continue to chase al Qaeda, that's number 1.
Number 2, Tim, al Qaeda views Shi'a as apostates, they are not legitimate Muslims. In fact, you're better off as a Christian or a Jew than as a Shi'a in the eyes of al Qaeda. And Iran, linked as it is already to Maliki who was in Iran a month ago holding hands with the leader of Iran, they are already linked. The Shi'a will never allow al Qaeda to take over Iraq; the Kurds will never allow al Qaeda to take over Iraq. That's 80 to 85 percent of the country, and the Sunni in Anbar have now decided they don't want al Qaeda.
We are the attraction for al Qaeda, and if we begin to reduce our footprint, as the Iraq Study Group has said we should do, as General Jones said we should do, as though seven soldiers of the 82nd Airborne, two of whom were just recently killed, wrote in The New York Times the other day, as we should do. Then al Qaeda, believe me, will be driven out by the Iraqis themselves.
SEN. McCAIN: Surely, you don't believe that General Petraeus reaches his conclusions by talking to somebody.
SEN. KERRY: I am quoting what General Petraeus said.
SEN. McCAIN: Please.
SEN. KERRY: I'm quoting what he said to you, John.
SEN. McCAIN: General Petraeus has said hundreds of times that it is the central front in the war against terror and al Qaeda because of the --
SEN. KERRY: I'm just quoting what he said.
SEN. McCAIN: -- because of the conditions on the ground, and you are quoting him incorrectly and so --
SEN. KERRY: No, I'm quoting absolutely correctly, and, moreover, you're not answering the fundamental issue.
SEN. McCAIN: When Senator Kerry says that we will just take care of al Qaeda, then you go into a place where the -- "Excuse me, sir. You're al Qaeda or Sunni or Shi'a?" Please. We've got to have sufficient -- and General Jones did say if we set a date for withdrawal, and it's on the record, if we set a date for withdrawal then United States security interests will be negatively impacted and harmed in the area as well as Iraq. So please don't -- let's don't quote General Jones again, please.
SEN. KERRY: Once again you used the word "withdrawal." We will have troops in Iraq --
SEN. McCAIN: You are setting a date for withdrawal.
SEN. KERRY: We have all acknowledged there will be some troops there to finish the training, finish standing them up to chase al Qaeda.
MR. RUSSERT: How many American troops?
SEN. KERRY: I can't tell you precisely, Tim. That does depend on what happens on the ground. But I know this -- that if you don't begin to change the equation where Iraqis have the ability now just to rest on American presence and make no decisions, nothing is going to happen.
And the fact is, you have to change it.
Moreover, we are -- you know, with John and others who talk about surrender and talk about withdrawal and leaving it to these disasters, they hold up the specter of the disaster, but then they do nothing to mitigate the potential of that disaster happening.
The fact is, Iran loves our being bogged down in Iraq. Al Qaeda loves our being bogged down in Iraq. We are, as our own National Intelligence Estimate said, "Attracting more terrorists because we are in Iraq." We need to get out of Iraq in order to be stronger to deal with Iran, in order to deal with Hezbollah and Hamas to regain our credibility in the region, and I believe very deeply they understand power. If we were to announce that we're changing the equation; yes, we'll be there in order to protect our interests; yes, we'll be there to prevent chaos and genocide; yes, we'll be there to protect Iran from actually coming into the country. There are plenty of ways to create a new security arrangement.
General Tony Zinni and others have laid out those ways, but we're not pursuing them today. We have one strategy, we've gone back now to stay the course, and the American people rejected to stay the course.
SEN. McCAIN: I hope that next week you'll take 60 seconds and get the quotes from General Jones who said if we set a date for withdrawal it will harm the United States' national security interests in the region --
SEN. KERRY: I'm not arguing about it, he did say that.
SEN. McCAIN: -- and General Petraeus's comments as to why he believes that al Qaeda is now the central -- inaudible.
MR. RUSSERT: General Jones did say it, but he said something else, and let me start with that, Senator McCain, "Although the administration has said repeatedly that security improvements will create breathing space for Iraqi sectarian political forces to move towards national reconciliation, the Jones Commission turns that equation on its head saying that long-term security advances are impossible without political progress. Despite all that remains to be done on the military front, the Jones Commission says, 'The single most important even that could immediately and favorably affect Iraq's direction and security is political reconciliation. Sustained progress within the Iraqi security forces depends on such an agreement.'"
So the president's strategy has been --
SEN. McCAIN: Now, first of all, that's a Washington Post story, an interpretation of General Jones' report.
MR. RUSSERT: He was on this program last week and acknowledged that's exactly --
SEN. McCAIN: And he acknowledged exactly that, and he also acknowledged that without the military security situation, it was also impossible for the political situation.
MR. RUSSERT: But what he said was that the current --
SEN. McCAIN: And he also said that --
MR. RUSSERT: Let me finish -- he said the current administration thinking is that you cannot have political reconciliation without first having security. He says it's the opposite. That you cannot have security --
SEN. McCAIN: I'd say it's the opposite.
MR. RUSSERT: Unless you have political reconciliation.
SEN. McCAIN: I have known Jim Jones for 30 years. It's not what he's saying. What he's saying is we have to have now political progress and he, like all of us, are very frustrated by the lack of political progress; that the Maliki government has not done the things we want them to do, and we have every right to expect it and unless there is political progress that we are not going to succeed in Iraq. We all understand that. We all comprehend that.
But you -- any counterinsurgency expert will tell you that you have to have a military security environment on the ground, and then the other aspects of it move forward. And I think it is moving forward, but it's hard, and it's tough, and it's long, and it's full of disappointments, and to say that somehow with a few troops that we can handle this situation of Iranian further incursion into Southern Iraq, the Syrians continuing their dislocation in the region in support of Hezbollah and Hamas, I think, is a basic misreading of the security situation we face when we "withdraw" as is what the Democrats and John Kerry wants us to do.
MR. RUSSERT: Senator Lindsey Graham, a close friend and colleague of yours said that if we do not have progress, reconciliation, within the next 90 days, Iraq very well could be considered a failed state. Do you agree with that?
SEN. McCAIN: I think it's a dysfunctional state. I think we all realize that, and that's also what Lindsey Graham said, and I don't know if it's 90 days or not, but we certainly have to see progress. But to tell them, "Hey, we're getting out of here, and you've got to stay in the neighborhood," they're going to accommodate to the neighborhood.
MR. RUSSERT: If we don't see progress in 90 days, in six months, in nine months, what do we do?
SEN. McCAIN: Well, then, we have to examine the options. If we continue to see success and see military progress and political progress and other progress, then what do we do? Then we can withdraw, and then we can have less of a presence of the United States military troops on the ground, a reduction of casualties, and we'll probably -- maybe have troops there. We've got troops in the Balkans, we've got troops in South Korea, we've got troops in Okinawa. It's a matter of whether Americans are being sacrificed and being wounded as to whether Americans will be satisfied with continued American presence there.
MR. RUSSERT: Why not continue the surge, continue to try to make political progress, and then withdraw troops after those have been achieved?
SEN. KERRY: Tim, the surge -- to promise the Iraqis that next summer we're going to have 130,000-plus troops there, which is exactly where we were a year ago when the country almost fell apart, is not to change the fundamental equation. If you're a Shi'a and the leader there, and you want a Shi'a Islamic state, the reason they're not compromising is not because they can't sit down in a room and do it is because their constituencies don't want to do it.
The Shi'a want a Shi'a Islamic state. The Sunni want to return to power and believe they're born to the right to run Iraq. Now, unless you resolve the fundamental differences between those two in some way, either through the pluralistic democratic government, which they don't seem capable of doing, or through some kind of loose federalism where they're okay to live apart, which they are proving they may need to do. Unless you do that, nothing is going to happen. No surge, no amount of troops will resolve that.
How many times do we have to hear President Bush, Vice President Cheney, Condi Rice, General Casey, General Abizaid, General Petraeus all say there is no military solution? Well, if there is no military solution, where is the political solution?
Let me read you -- these are seven troops. They wrote it in the New York Times, 82nd Airborne, they've been there the whole tour, and they wrote, "To believe that Americans with an occupying force that long ago outlived its reluctant welcome can win over a recalcitrant local population and win this counterinsurgency is farfetched. As responsible infantrymen and non-commissioned officers with the 82nd Airborne Division, soon heading back home, we are skeptical of recent press coverage portraying the conflict as increasingly manageable," and they go on to say it, two of them, Sergeant Meara and Sergeant Gray were killed the other day -- one wounded -- another one wounded.
These -- you know, you've got to listen to these people. The Iraqis have fundamental differences that will not be resolved by a surge. It is not dependent on the security and, as General Jones said, what happened in Anbar was a -- General Jones didn't say that -- but what happened in Anbar was a political decision first. The political leaders said, "We're going to fight al Qaeda," and then they joined with the Americans.
MR. RUSSERT: Senator, your views may be all well and good, and the Democrats may be fine, and you may have 52 votes, but the president has said, "I'm sorry. I've heard you, I've heard General Petraeus, I'm going with General Petraeus." What do the Democrats do now? If you want to stop the war, you have but one choice and that is, in effect, stop the funding. Close down the government and say, "Not one more penny for the war in Iraq, Mr. President." Otherwise, the war will go forward as President Bush intended to.
SEN. KERRY: Well, actually, we don't have that choice because everything depends on having 60 votes or 67 votes to override a veto. So any law that we pass, the president has the power through a pen to be able to negate. So what we need today is a change of attitude by some Republicans who shouldn't be content to stand up and give a strong speech condemning what's happening or accurately describing what I've described but then not voting to put it into place.
And that is what the 2008 election will be significantly about -- how do you make American stronger? I believe the president's rhetoric and the rhetoric of those who talk about surrender and who talk about the Democrats choosing to lose is insulting and incorrect. We're choosing to win for America. We're choosing to strengthen our country. We're choosing to be able to have a policy that reasserts American moral authority and puts us in a position to leverage peace in the Middle East to deal with Hamas, Hezbollah; to deal with Lebanon; to deal with Iraq and Iran.
And, right now, Iran loves what's happening. We're playing right into their hands and the --
MR. RUSSERT: Will you vote to cut off funding for the war?
SEN. KERRY: I will vote to change the funding to a different mission. I will fund the troops to protect the national security interests of America to accomplish a mission that increases our national security and protects the troops themselves.
MR. RUSSERT: Senator, a majority of the Congress wants a different policy; a majority of the American people want a different policy. Can you sustain a war without their support?
SEN. McCAIN: Not forever. The majority of Americans were opposed to and wanted us out of Korea. Thanks to a very brave president named Harry Truman, Korea is now -- at least South Korea is now free today.
On this issue of bringing up the men and women who are serving and how they feel about the war, look, I hear from them all the time. I lament the loss of those brave young -- two young Americans who wrote that piece. I hear from hundreds of them every day. Just like in Vietnam, despite what was accepted, Americans wanted to win in Vietnam, they want to win here. I hear from these men and women, hundreds of them, all the time. They want us to win. And to go back to the same failed strategy of before and somehow say that everything is going to be fine in the Middle East if we announce that we're leaving, I think does not comport with reality or history, and we've been through these fights before as to whether the United States should direct its influence throughout the world. And I believe that this is some way a repeat of that.
But the fact is that we are succeeding militarily. We are succeeding in a new tactic, and that is succeeding. And in Anbar Province, by the way, I asked General Petraeus -- he said the reason why we had the success in Anbar Province is we had the extra 4,000 Marines to send there, and that was -- solidified that position. We all want to see progress. We are seeing progress. To pull the plug at this particular time, I believe, would be disastrous for the future of this country.
MR. RUSSERT: When you say "win," how do you define win?
SEN. McCAIN: The same way you succeed in any counterinsurgency. The government functions effectively, there's an environment of security, there's probably long-term conflicts within the country as there has been with other insurgency, but, basically, you continue to progress and bring a free and open and democratic society and fight back.
Look, this is an evil influence. They think they're winning, maybe John doesn't, but if you listen to bin Laden, Zarqawi and all that, they say they drove us out of Beirut, they drove us out of Mogadishu. They hit the USS Cole, they attacked our embassies, and they're saying we'll drive them out of Iraq, and we will succeed, and surely listen to what's he saying.
SEN. KERRY: He's saying that for the border of Afghanistan and Pakistan.
SEN. McCAIN: And he's able to reach every corner of the world.
SEN. KERRY: Yeah, and he's able to do it because this administration took their eye off of him and chose to go to war in a place that had nothing to do with the war on terror. And the fact is, as I said before, al Qaeda loves our being in Iraq. If you want to put al Qaeda off balance --
SEN. McCAIN: Al Qaeda loves being in Iraq.
SEN. KERRY: -- then change the equation. And Iran loves the fact that we're in Iraq, but Iran is getting stronger.
SEN. McCAIN: And Iran loves to be in Iraq.
SEN. KERRY: Excuse me?
SEN. McCAIN: And Iran loves to be in Iraq, and they are.
SEN. KERRY: Well, Iran is in Iraq.
SEN. McCAIN: And al Qaeda is in Iraq. And al Qaeda is -- if we don't continue to beat them back will be a major influence and have training bases, and they will have --
SEN. KERRY: John, this is debating yourself, because we --
SEN. McCAIN: I'm --
SEN. KERRY: You are, because we've said we're going to continue to fight al Qaeda.
SEN. McCAIN: You are asking to go back to a failed strategy that has failed for nearly four years that many of us pointed out that you voted for, by the way.
SEN. KERRY: John --
SEN. McCAIN: So -- I hope that we will have the patience and the understanding on the part of the American people that they have made great sacrifice, and all of us are saddened by it, but I hope we can also point out the consequences of failure, which is what the Democrats are proposing now.
SEN. KERRY: Now, listen to that. You just the Democrats are proposing failure. We've had four and a half years of failure.
SEN. McCAIN: -- inaudible.
SEN. KERRY: The Republicans stood up and cheered for Rumsfeld, who had a policy of not enough troops. To his credit, John, at least said he needs more troops. But the fact is they've supported every step of this president misleading America about the course of this war.
Last January the president stood up to Americans. You know what he said, Tim? He said "We will hold them accountable to their benchmarks." They're not holding them accountable. They have no means of holding them accountable because they've said we're going to stay there with 130,000 troops into next summer. They have no leverage.
We are not proposing failure, as John loves to assert and Republicans love to assert. We are proposing a way to strengthen America in the region. We are proposing a way to, in fact, make Iraq successful to the degree that it can be by playing to the real undercurrents of their cultural and historical divisions. Nothing in the surge addresses the question of Shi'a/Sunni divide. Nothing in the surge is going to resolve the fundamental reluctance of Iraqi politicians to make a decision, Tim, that we're not talking about abandoning the place.
Why do the Republicans have a complete inability to envision a foreign policy as we used to have Republican and Democrat alike, which plays to our strengths and builds alliances with other countries, bring the United Nations back in, bring the neighbors into this, have a standing summit and a standing conference where we resolve these differences as best as can be. The United States can't do it alone, and we have to change the equation so we regain leverage and initiative. That's not walking away, that's walking forward and putting us in a stronger posture.
SEN. McCAIN: In my study of military history, I never heard of a withdrawal and a reduction of military presence as being a winning strategy. The fact is that we are succeeding. That's the thing that the Democrats won't realize and, of course, I'm saying it's a recipe for failure, of course, history teaches me and others including virtually every other expert on national security that if we announce withdrawal we will fail, and we will see catastrophic consequences.
I, for example, not only say we needed more troops, I said we needed a new strategy, and the strategy that's being employed now, which has only been in effect for some six months and, of course, Americans are frustrated, and they're saddened. But to somehow allege that we can affect events on the ground with less troops and less presence, when the surge is what has changed the equation on the ground defies real depiction of the facts on the ground, and the facts on the ground are that we are seeing military success, and almost everybody acknowledges that.
SEN. KERRY: Where is the --
SEN. McCAIN: -- significant military success.
SEN. KERRY: Supposedly, we're training Iraqi troops.
SEN. McCAIN: And they're doing much better.
SEN. KERRY: Supposedly, they're supposed to be after -- the Iraqi prime minister said they can stand up with their own security by this November. We're talking about a transition policy that goes into next spring. Are you telling me that after five and a half years of war, which is what it will be next spring, Iraqis can't have people capable of walking their streets with a gun and keeping peace? Please, how can they assert that after all of these years of training -- you train an American recruit, and in four or five months you can have him on a battlefield.
SEN. McCAIN: I'm telling you there were colossal failures in the training of the Iraqis under dormer Secretary Rumsfeld, and --
SEN. KERRY: And General Petraeus, who was in charge of it.
SEN. McCAIN: I'm telling you right now that Iraqi and American soldiers and Marines are fighting together in neighborhoods in Baghdad and Anbar and other places, and we are proud of the work that the Iraqi military is doing, and they're getting better every day, and I am convinced that in a relatively short period of time, they will take over more and more of those responsibilities as they were.
And I think it's wrong to denigrate the sacrifices that Iraqi soldiers are making right now on behalf of their country.
SEN. KERRY: What have we denigrated?
SEN. McCAIN: You were saying they were ineffective. They are effective, and they are fighting alongside of Americans.
MR. RUSSERT: Senator McCain --
SEN. KERRY: I never used the word "ineffective." What I said is they are not standing up at the levels --
SEN. McCAIN: They are standing up well. They are standing up well.
SEN. KERRY: -- that they should be after four and a half years of training. We were told by Secretary Rice at our committee, earlier this year, that 120,000 were trained and ready to go. General Petraeus, when I visited with him in Iraq, told me he would have 100,000 and some ready to go -- two years ago. How, how many times do they get to change the goal posts and change the policy and move it to a different place? Where is the accountability for the benchmarks?
No young American soldier should give their life or limb in order to have Iraqi politicians continue to delay making fundamental decisions. That's what this is about.
MR. RUSSERT: President Bush said we will have an enduring relationship with Iraq, and that there will be troops in Iraq after his presidency. Do you agree?
SEN. KERRY: Yes.
MR. RUSSERT: To both?
SEN. KERRY: We should have an enduring relationship, hopefully, within Iraq that is able to stand up and define itself in the way that I said. The question is, how do you get there, Tim, and what treasure do you expend in getting there? I believe we will, obviously, providing that there hasn't been a complete implosion and we're not asked to leave. Seventy percent --
MR. RUSSERT: Will this be the central issue of the 2008 presidential campaign?
SEN. KERRY: If it is where it is today, yes.
MR. RUSSERT: Do you agree with that?
SEN. McCAIN: Probably, but it won't be where it is today. You will see continued success, and if Senator Kerry succeeds in implementing what he wants, then you will see catastrophe, and you will see a lot more loss of American blood and treasure.
MR. RUSSERT: I gave him the first word, I'll give you the last word.
SEN. KERRY: Well, Tim, John keeps avoiding the -- and the administration keeps avoiding the need to have the second component here, which is real diplomacy. Nothing that we have proposed is proposed in a vacuum. We're not saying just change the mission. We're saying use American leverage, work with our allies, work with the neighbors with a real diplomatic surge that brings the United Nations back and, in effect, creates a structure which not just American treasure and American lives that are on the line.
The president, the other day, talked about 36 allies. I'll lay odds John McCain can't name 36 allies. I can't. That's an insult to American intelligence. How much are they contributing to the budget? I believe you need diplomacy, real diplomacy, it's been absent, we deserve a president who is going to lead us and provide that and, together, with the change in the dynamics on the ground, we can save American lives. I think John and I agree 100 percent in the quality of the service of our troops, the unbelievable sacrifice they are making. We all support them, we're proud of them, and we want them to get home safely.
MR. RUSSERT: John Kerry, John McCain, two sailors, two men of the Navy, two U.S. senators, we thank you very much for sharing your views.
SEN. McCAIN: Thank you very much.
SEN. KERRY: Great to be with you.
Source: http://www.nbc.com/

subset: commoncrawl


text:
In each of the first two debates, Pres. Obama bragged about how he "cut out" the "middlemen" of the private sector by taking over the student loan industry.
In this week's debate, Obama touted his success in taking $60 billion away from private businesses ("middlemen," as he calls them) by nationalizing the student loan industry:
"We've expanded Pell Grants for millions of people, including millions of young women, all across the country. We did it by taking $60 billion that was going to banks and lenders as middlemen for the student loan program and we said, let's just cut out the middleman. Let's give the money directly to students. And as a consequence, we've seen millions of young people be able to afford college, and that's going to make sure that young women are going to be able to compete in that marketplace."
Obama was answering a question about how he plans to "rectify inequalities in the workplace" if re-elected.
Of course, by cutting out banks and lenders, the administration's takeover of the student industry "cut out" private sector businesses, employers, and a part of the free market economy.
Obama's latest "middlemen" remarks mirror comments he made in the first debate when he gave an example of the type of thing "that requires some federal support":
"When it comes to making college affordable, whether it's two-year or four-year, one of the things that I did as president was we were sending $60 billion to banks and lenders as middlemen for the student loan program, even though the loans were guaranteed. So there was no risk for the banks or the lenders, but they were taking billions out of the system.
"And we said, "Why not cut out the middleman?" And as a consequence, what we've been able to do is to provide millions more students assistance, lower or keep low interest rates on student loans. And this is an example of where our priorities make a difference."
So, "Why not cut out the middleman?"
Well, for one reason, because these so-called "middlemen" are employers, taxpayers, and private citizens who need to earn a living. And, for another, competition in a free market is actually a good thing.
And, of course, one has to wonder: who'll be the next "middlemen" they'll cut out?
See more "Right Views, Right Now."


text:
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text:
Will Smith in Talks to Join Legendary Pictures' BRILLIANCE
Will Smith is in talks to join Legendary Pictures' big screen adaptation of Brilliance. A couple of weeks ago the studio announced that Julius Onah will be directing the film from a script written by David Koepp. If Smith joins the project, it will be big deal for the movie, because people will be more likely to go see it.
The story is described as being like the X-Men, "set in a world where a rare set of people are born with extraordinary abilities and are called 'brilliants.' At the center of the story is a federal agent with great hunting gifts who is drafted to hunt down a terrorist, another such brilliant who intends to start a civil war."
This has the potential to be a really cool film. There is also going to be a trilogy of books that I'm sure the studio hopes will be a franchise. Here's a description of the first book:
In Wyoming, a little girl reads people's darkest secrets by the way they fold their arms. In New York, a man sensing patterns in the stock market racks up $300 billion. In Chicago, a woman can go invisible by being where no one is looking. They're called "brilliants," and since 1980, one percent of people have been born this way. Nick Cooper is among them; a federal agent, Cooper has gifts rendering him exceptional at hunting terrorists. His latest target may be the most dangerous man alive, a brilliant drenched in blood and intent on provoking civil war. But to catch him, Cooper will have to violate everything he believes in—and betray his own kind.
Via: Variety


text:
- versus -
SPOUSES FELIX and MAXIMA PARAGAS,
G.R. No. 146730
NACHURA, and
July 4, 2008
For review on certiorari
under Rule 45 of the Rules of Court are the Decision[1]
The subject of this controversy is the one-fourth (1/4) portion of, corresponding to the share of respondent Maxima Paragas in, the real property located at Caranglaan District, Dagupan City, originally covered by Transfer Certificate of Title No. 7316 of the Register of Deeds of Dagupan City.
The controversy commenced with the filing of an ejectment complaint[3] on April 12, 1993 before Branch 1 of the Municipal Trial Court in Cities (MTCC) of Dagupan City by herein petitioner Amado Z. Ayson, as represented by his natural father Zosimo S. Zareno[4] (Zareno), against respondent-spouses Felix and Maxima Paragas. The complaint, docketed as Civil Case No. 9161, alleged, among others, that: (1) petitioner is the registered owner of the property being occupied by the respondent-spouses as shown by Transfer Certificate of Title No. 59036 of the Registry of Deeds of Dagupan City in his name; (2) respondent-spouses are occupying the said land through his tolerance without rent; (3) on April 8, 1992, respondent-spouses executed an Affidavit[5] which declared:
1. That we are occupants of a parcel of land (Lot 6595-A-2) covered by Transfer Certificate of Title No. 57684 located at Caranglaan District, Dagupan City owned by Amado Ll. Ayson;
2. That we occupy the said land by tolerance without paying any rental whatsoever;
3. That we further agree to vacate the aforesaid land within three (3) months from the date hereof and to remove and transfer our house therefrom to another place;
That in consideration of vacating the
said parcel of land the amount of Twenty Thousand Pesos (
shall be paid to us; and, that the amount of Ten Thousand Pesos ( P10,000.00)
shall be paid upon signing of this affidavit and the balance of Ten Thousand
Pesos ( P10,000.00) shall be paid upon removal of our house on the third
month from date hereof.
(4) despite the receipt of the
upon the execution of the Affidavit, respondent-spouses refused to vacate the
land as agreed upon; and (5) despite demands, respondent-spouses still refused
to vacate, thus constraining him to file the complaint. Aside from respondents vacating the land,
petitioner prayed for the return of the P10,000.00 he paid them; and the
payment of P10,000.00 actual damages, P10,000.00 exemplary
damages, P20,000.00 attorneys fees, and the costs.
In their Answer,[6] respondent-spouses alleged that Zareno had no personality and authority to file the case and the filing of the complaint was made in bad faith.
During the preliminary conference, the following admissions were made
By petitioner:
(1) That the defendants (respondent spouses) had been in possession of the land in question since 1930; and
(2) That the semi-concrete house of the defendants (respondent spouses) stands on the land in question.
By respondent spouses:
(1) That the defendant (respondent) Felix Paragas had executed an affidavit on April 8, 1992 wherein he admitted that he is occupying the land by tolerance of the plaintiff (petitioner) without paying any rental whatsoever and had agreed to vacate the premises within three (3) months but refused to vacate later;
(2) That the plaintiff (petitioner) is the registered owner of the land in question;
(3) That there was a demand to vacate the premises; and
(4) That there is a Certification to File Action in Court.[7]
WHEREFORE, the preponderance of evidence being in favor of the plaintiff (petitioner), judgment is hereby rendered:
Ordering the defendants (respondent spouses) to vacate the land in question
located at Caranglaan District,
Ordering the defendants (respondent spouses) jointly and severally to pay the
plaintiff (petitioner) the sum of
P300.00 as monthly rental of the land
from the date of the filing of the complaint until the defendants (respondent
spouses) vacate the premises;
Ordering defendant (respondent) Felix Paragas to return or indemnify the
plaintiff (petitioner) the amount of
P10,000.00 representing the sum
received by him from the plaintiff (petitioner) on April 8, 1992;
4) Other claims are denied for lack of merit.
With costs against the defendants.
Respondent-spouses appealed the said Decision
to the Regional Trial Court (RTC) of
WHEREFORE, the appeal interposed by the appellants is hereby DISMISSED. Judgment is rendered in favor of the plaintiff (petitioner) and against the defendants (respondent spouses), to wit:
1. ORDERING defendants (respondent spouses), their agents, representatives and assigns to vacate the land subject matter of this case;
2. ORDERING defendants (respondent spouses) to
return to the plaintiff (petitioner) the amount of
P10,000.00 received
by them in consideration of their promise to vacate the land subject matter of
this case;
3. ORDERING defendants (respondent spouses) to
pay to the plaintiff (petitioner)
P10,000.00 in actual damages; P10,000.00
in exemplary damages; and P20,000.00 in attorneys fees; and
4. ORDERING defendants to pay the costs.
Respondent-spouses went to the Court
of Appeals via a petition for review. In
its Decision[11] dated
Meanwhile, on October 11, 1993, during the pendency of the appeal with the RTC, respondent-spouses filed against petitioner, as represented by his attorney-in-fact Zosimo S. Zareno, the heirs of Blas F. Rayos, the spouses Delfin and Gloria Alog, and Hon. Judge George M. Mejia, as Presiding Judge of the Metropolitan Trial Court, Branch 1 of Dagupan City, also before the RTC of Dagupan City, a complaint[13] for declaration of nullity of deed of sale, transactions, documents and titles with a prayer for preliminary injunction and damages. The complaint was docketed as Civil Case No. D-10772 and was raffled to Branch 42.
The complaint alleged, inter alia, that respondent Maxima is a
co-owner of a parcel of land originally covered by TCT No. 7316 of the Registry
of Deeds of Dagupan City, her share having an area of 435.75 square meters. Sometime prior to
P3,000.00. It was agreed that
respondent Felix would pay the said amount by installment to the Dagupan
Colleges. Pursuant to that agreement,
Blas F. Rayos and Amado Ll. Ayson, then both occupying high positions in the
said institution, required respondent-spouses to sign, without explaining to
them, a Deed of Absolute Sale on
The complaint further alleged that later,
respondent-spouses, true to their promise to reimburse the defalcated amount,
took pains to pay their obligation in installments regularly deducted from the
salaries received by respondent Felix from Dagupan Colleges; that the payments
P5,791.69; that notwithstanding the full payment of the obligation,
Amado Ll. Ayson and Blas F. Rayos did nothing to cancel the purported Deed of
Absolute Sale; and that they were shocked when they received a copy of the
complaint for ejectment filed by petitioner.
During the pre-trial, the following was established
[T] he land in question was a portion of a
larger lot covered by TCT No. 41021 with an area of 1,743 square meters in the
name of Buenaventura Marias, father of the plaintiff (respondent) Maxima
Marias-Paragas. Transfer Certificate of
Title No. 41021 was later on cancelled and replaced by TCT No. 7316 in the
names of Maxima Marias, Rufino Marias, Rizalina Marias and Buenaventura
Marias, specifying that each would receive one-fourth (1/4) thereof. The portion pertaining to Maxima
Marias-Paragas was later on allegedly conveyed to Blas F. Rayos and Amado Ll.
Ayson by virtue of a Deed of Sale allegedly executed on
After trial on the merits, the RTC, Branch 42, Dagupan City rendered its Decision[15] dated March 6, 1998 in favor of respondent-spouses declaring the Deed of Absolute Sale as an equitable mortgage, the decretal portion of which reads
WHEREFORE, judgment is hereby rendered in favor of the plaintiffs and against the defendants, except the spouses Delfin and Gloria Alog:
Annulling the Deed of Sale executed by
Felix Paragas and Maxima Paragas on
2. Annulling likewise TCT No. 57684 issued to Amado Ll. Ayson and TCT No. 59036 issued to Amado Z. Ayson, including the respective tax declarations thereof;
3. Ordering Amado Z. Ayson to reconvey ownership of the property covered by TCT No. 59036 to the herein plaintiffs, the true owners thereof;
4. Ordering defendant Amado Z. Ayson and the estate of Blas F. Rayos to pay jointly and severally to the herein plaintiffs the amount paid by Spouses Delfin and Gloria Alog to the late Blas F. Rayos, there being no proof adduced by the plaintiffs as to the actual current market value of the said property;
Ordering the said defendants Amado Z.
Ayson and the estate of Blas F. Rayos to pay jointly and severally to the
plaintiffs other amounts of
as moral damages and P10,000.00
as attorneys fees, including appearance fee;
6. Further ordering the aforementioned defendants, except defendant-spouses Delfin and Gloria Alog, to pay costs.
Petitioner appealed the said Decision
to the Court of Appeals, which affirmed the same in its Decision dated
The Honorable Court of Appeals has acted in excess of or with grave abuse of discretion amounting to lack of jurisdiction in dismissing the appeal of the herein petitioner Amado Z. Ayson, Jr. and in affirming the decision of the Regional Trial Court, Branch 42, Dagupan City in Civil Case No. D-10772, in violation of the laws on sale, equitable mortgage, prescription, laches and estoppel as well as the laws on property registration.[17]
Petitioner contends that respondent-spouses are bound by the judicial admissions they made both in the ejectment case and in the case for declaration of nullity of the Deed of Absolute Sale.
With respect to the ejectment case, he posits that respondent-spouses cannot renege on the effects of their admissions that petitioner is the registered owner of the disputed property; that they were occupying the same by mere tolerance of the latter without rent; and that they undertook to vacate the premises in accordance with the Affidavit dated April 8, 1992, especially when the findings of the MTCC had already become final upon the Entry of Judgment of our Resolution affirming the MTCC, the RTC, and the Court of Appeals.
As regards the action for declaration of nullity of the deed of absolute sale, petitioner claims that respondent-spouses are likewise bound by their admission during the pre-trial that the series of certificates of title from the time the Deed of Absolute Sale was registered with the Register of Deeds of Dagupan City eventually led to the issuance of TCT No. 59036 in his name.
further argues that the action instituted before the RTC, Branch 42,
adds that respondent-spouses are bound by estoppel and guilty of laches in
light of the judicial admissions they have already made and the unreasonable
length of time that had lapsed before they questioned the validity of the Deed
of Absolute Sale and the Affidavit they executed on
also asseverates that the Deed of Absolute Sale is a true sale and not an
equitable mortgage, arguing that the alleged payments made by respondent Felix
were made from December 29, 1965 to December 17, 1980, long after the execution
of the contract on April 13, 1955; that respondent-spouses only paid realty
taxes over their house and not on the disputed land; that their possession of
the property was by his mere tolerance; that there was no evidence proffered
that the amount of
P3,000.00 as consideration for the sale was unusually
inadequate in 1955; and that the other co-owners of the land did not question
or protest the subdivision thereof leading to the issuance of TCT No. 59036 in
his name.
Lastly, petitioner claims that he is a transferee in good faith, having had no notice of the infirmity affecting the title of his predecessor Amado Ll. Ayson over the property. He says that he was only exercising his right as an heir when he adjudicated unto himself the parcel of land pertaining to his adoptive father,[18] resulting in the issuance of TCT No. 59036 in his name, and, thus, should not be penalized for his exercise of a legal right.
The arguments do not persuade.
First. With respect to the admissions made by respondent-spouses, through their counsel during the preliminary conference of the ejectment case, it is worthy to note that, as early as the submission of position papers before the MTCC, they already questioned the sale of the subject property to Amado Ll. Ayson and Blas F. Rayos for being fictitious and asserted their ownership over the land, pointing to the fact that respondent Maxima had been living on the land since her birth in 1913 and that they had been in continuous possession thereof since her marriage to respondent Felix in 1944. However, unfortunately for them, the MTCC held them bound by the admissions made by their counsel and decided that petitioner had a better right to possess the property.
Nevertheless, it must be remembered that in ejectment suits the issue to be resolved is merely the physical possession over the property, i.e., possession de facto and not possession de jure, independent of any claim of ownership set forth by the party-litigants.[19] Should the defendant in an ejectment case raise the defense of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.[20] The judgment rendered in such an action shall be conclusive only with respect to physical possession and shall in no wise bind the title to the realty or constitute a binding and conclusive adjudication of the merits on the issue of ownership. Therefore, such judgment shall not bar an action between the same parties respecting the title or ownership over the property,[21] which action was precisely resorted to by respondent-spouses in this case.
Anent the claim that respondent-spouses admitted the series of TCTs issued by reason of the registration of the questioned Deed of Absolute Sale, suffice it to state that records show that they admitted only the existence thereof, not necessarily the validity of their issuance.
Second. The Deed of Absolute Sale is, in reality, an equitable mortgage or a contract of loan secured by a mortgage. The Civil Code enumerates the cases in which a contract, purporting to be a sale, is considered only as a contract of loan secured by a mortgage, viz.:
Art. 1602. The contract shall be presumed to be an equitable mortgage, in any of the following cases:
(1) When the price of the sale with right to repurchase is unusually inadequate;
(2) When the vendor remains in possession as lessee or otherwise;
(3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed;
(4) When the purchaser retains for himself a part of the purchase price;
(5) When the vendor binds himself to pay the taxes on the thing sold;
(6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation.
In any of the foregoing cases, any money, fruits, or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws.[22]
Art. 1604. The provisions of article 1602 shall also apply to a contract purporting to be an absolute sale.
In such cases, parol evidence then becomes competent and admissible to prove that the instrument was in truth and in fact given merely as a security for the repayment of a loan; and upon adequate proof of the truth of such allegations, the courts will enforce the agreement or understanding in this regard, in accord with the true intent of the parties at the time the contract was executed, even if the conveyance was accompanied by registration in the name of the transferee and the issuance of a new certificate of title in his name.[23]
In this case, the evidence before the
RTC, Branch 42,
Moreover, the evidence presented by
respondent-spouses indubitably reveals that they signed the contract under
threat of prosecution, with the view to secure the payment of the
defalcated by respondent Felix. Amado
Ll. Ayson and Blas F. Rayos obviously exerted undue influence on Felix taking
advantage of the latters lack of education and understanding of the legal
effects of his signing the deed.
Respondent-spouses have clearly
proven that they have already paid the aforesaid amount. That the obligation was paid in installments
through salary deduction over a period of 10 years from the signing of the Deed
of Absolute Sale is of no moment. It is
safe to assume that this repayment scheme was in the nature of an easy payment
plan based on the respondent-spouses capacity to pay. Also noteworthy is that the deductions from respondent
Felixs salary amounted to a total of
or almost double the obligation of P3,000.00. Furthermore, it cannot be denied that
petitioner failed to adduce countervailing proof that the payments, as
evidenced by the volume of receipts, were for some other obligation.
That the realty taxes paid by respondent-spouses was only for their house can be explained by the fact that, until the filing of the ejectment case, respondent Maxima was not aware that the land she co-owned was already partitioned, such that the payments of real estate taxes in her name were limited to the improvement on the land.
An equitable mortgage is a voidable
contract. As such, it may be annulled
within four (4) years from the time the cause of action accrues. This case, however, not only involves a
contract resulting from fraud, but covers a transaction ridden with threat,
intimidation, and continuing undue influence which started when petitioners
adoptive father Amado Ll. Ayson and Blas F. Rayos, Felixs superiors at Dagupan
Colleges, practically bullied respondent-spouses into signing the Deed of
Absolute Sale under threat of incarceration.
Thus, the four-year period should start from the time the defect in the
consent ceases.[26] While at first glance, it would seem that the
defect in the consent of respondent-spouses ceased either from the payment of
the obligation through salary deduction or from the death of Amado Ll. Ayson
and Blas F. Rayos, it is apparent that such defect of consent never ceased up
to the time of the signing of the Affidavit on April 8, 1992 when Zareno,
acting on behalf of petitioner, caused respondent Felix to be brought to him,
and taking advantage of the latter being unlettered, unduly influenced Felix
into executing the said Affidavit for a fee of
P10,000.00.[27] The complaint praying for the nullity of the
Deed of Absolute Sale was filed on
Regarding the finality of the adjudication of physical possession in favor of petitioner, it may be reiterated that the right of possession is a necessary incident of ownership. This adjudication of ownership of the property to respondent-spouses must include the delivery of possession to them since petitioner has not shown a superior right to retain possession of the land independently of his claim of ownership which is herein rejected. Verily, to grant execution of the judgment in the ejectment case would work an injustice on respondent-spouses who had been conclusively declared the owners and thus, rightful possessors of the disputed land.[28]
WHEREFORE, the petition is DENIED and the Decision of the Court of Appeals in CA-G.R. CV No.
59645 dated
Associate Justice
Associate Justice
Associate Justice
Associate Justice
Associate Justice
I attest that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.
Associate Justice
Chairperson, Third Division
Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Decision had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.
Chief Justice
[1] Rollo, pp. 43-51.
[5] Rollo, p. 107.
[12] Entry of Judgment; id. at 125.
[13] Rollo, pp. 92-99.
[19] Spouses Malison v. Court of Appeals,
G.R. No. 147776,
[20] RULES OF COURT, Rule 70, Sec. 16.
[21] RULES OF COURT, Rule 70, Sec. 18; Pajuyo v. Court of Appeals, G.R. No. 146364, June 3, 2004, 430 SCRA 492, 509.
[22] Emphasis supplied.
[23] Tolentino, A.M., Commentaries and Jurisprudence on the Civil Code of the Philippines, Vol. V (1992), citing Macapinlac v. Gutierrez Repide, 43 Phil. 770 (1922).
[25] Exhibits A to A-173.
[26] CIVIL CODE, Art. 1391.
[28] Roman Catholic Archbishop of Caceres v. Heirs of Manuel Abella, G.R. No. 143510, November 23, 2005, 476 SCRA 1, 11; Toledo-Banaga v. Court of Appeals, 361 Phil. 1006, 1020 (1999).


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Partly Cloudy, 88 °F | Forecast
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Alife Public Outrage
You have to hand it to the NY brand ALIFE. They somehow managed to not only launch a successful clothing line but also a footwear line that has resulted in exclusive offerings at Barneys. I give Barneys credit in this venture too. That takes some foresight. And balls. This pair of Public Outrage is obviously stolen from Vans. However, Vans colorways are generally not this aggresive or interesting. Black spots, bold red, and light yellow make a great combo, if you can pull it off.


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Fire destroys home on Dewitt Street
Buffalo firefighters were called to battle a blaze at 155 Dewitt St. on the West Side early this morning.
They arrived just as the wall of the home collapsed, bringing down power lines. Five people escaped the home.
Oxygen tanks stored in 159 Dewitt exploded, shaking nearby houses.
One person was treated at the scene for cuts. Damage was listed at $80,000 at the home, which was the scene of a fire in September.
Numerous houses also received damage from the intense heat. The siding on some nearby buildings melted.
Damage to the building at 159 Dewitt was listed at $125,000 to the building and $40,000 to its contents.


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MARLBORO, Vt. (AP) Children's book illustrator Tasha Tudor, whose whimsical drawings of country outings, gardens and family life in rural New England echoed her own picturesque lifestyle, has died. She was 92.
Tudor, who illustrated such classics as Little Women and The Secret Garden, died Wednesday at her home, surrounded by her family and friends, according to a statement posted on her website. Her death was confirmed by Atamaniuk Funeral Home in Brattleboro, which was handling the arrangements.
"She was ahead of her time, but she lived in the past," said Jill Adams-Mancivalano, a longtime friend.
Tudor, who quit school after eighth grade, wrote or collaborated on nearly 100 children's books after making her debut with Pumpkin Moonshine in 1938. Besides The Secret Garden, she illustrated The Night Before Christmas and wrote books of her own, including Corgiville Fair.
Her home in this southern Vermont town was a replica of a 19th-century New England homestead, replete with antique utensils, tiny windows and doorways of varying sizes. In later life, she burnished her reputation among fans with her gardening, weaving and sewing exploits.
She made her own clothing — fashioned after 19th-century apparel — and raised Nubian goats for their milk.
Adams-Mancivalano, whose family farm in nearby Wilmington hosted open-to-the-public birthday parties and other events in which Tudor held forth with fans, called her a witty, engaging homebody who loved to insert friends, family members and little details of her own life into her work.
"Just to watch her draw — the detail and the whimsy that she had in her later life was just incredible. I asked her about that one time, how her work has evolved, and her comment to me was, 'Well, my eyesight is starting to fail, and I don't have the perfection I used to,' so she'd add more stuff."
Her family said an online memorial on her website was open for fans to share their feelings and memories of her. The address is www.tashatudorandfamily.com.
Copyright 2008 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Guidelines: You share in the USA TODAY community, so please keep your comments smart and civil. Don't attack other readers personally, and keep your language decent. Use the "Report Abuse" button to make a difference. Read more.


text: Are you looking to buy a franchise that you can run from home? Does working from home sound attractive to you? Are there legitimate franchise opportunities and business opportunities that offer the chance to work from a home office? Working From Home Franchise Businesses There are lots of franchises that allow you to work […]Continue Reading


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Disney Princess Classic Belle Fashion Doll
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Belle is ready for shimmering adventures, wearing her classic outfit with a new twist!
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The Association of British Insurers (ABI) says work to repair damage to affected communities in the county could take months to complete.
It says the total cost of winter storms to the entire north of England and southern Scotland could be £500m.
The government is likely to foot a large part of the bill, with seven local authorities in the county so far making official requests for help.
An ABI spokesman said: "We are looking at between £200m and £250m for the damage in Carlisle and Cumbria.
"If that were to include the rest of the north of England and southern Scotland, we are talking about £500m."
Parts of Carlisle are still uninhabitable, with many homeowners and businesses still awaiting insurance settlements.
Carlisle City Council chief executive Maggie Mooney said: "We are working with the insurance companies and with our insurers and with the government as well."
She said an application had been made for government help under a scheme to help local authorities in emergency situations.
A spokeswoman for the Office of the Deputy Prime Minister (ODPM), said it was considering what help could be given to stricken areas under the so-called Bellwin Scheme, which was set up in 1983.
Immediate work
So far the scheme has helped with the costs of the 1987 hurricane, which swept parts of the UK.
It was also used to help alleviate hardship during the foot-and-mouth outbreak in 2001.
She said: "The help we can give is limited to uninsurable costs, which require immediate work, such as the removal of rubbish and trees and repairs to paths and pavements.
"Before we can allocate any money the local authority concerned must have committed 0.2% of its annual revenue to the problem and must make a claim within two months of the emergency.
"Up to 85% of costs above that may be met with cash from government."
Mrs Mooney said the overall cost to the city council was so far about £8m, of which £1m had already been earmarked from reserves.


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eatingbrainswrote a review of ExOfficio Give-N-Go Cross Over Bra - Women's on September 21, 2011
This is awesome.
This bra is pretty great. It wasn't as stretchy as regular sports bras so I was a little worried about getting it on, but that wasn't an issue at all. I like the straps as well. They're a bit thick but they never fall off your shoulder so no readjustments necessary.


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Vintage Mercury Glass Table Lamp Base
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Inspired by mid-19th-century mercury glass – once a covetable alternative to household sterling – our candlestick table lamp provides a silvery shimmer.
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› US UK shop-soiled If goods sold in shops are shopworn, they are slightly dirty or damaged and therefore reduced in price
Thesaurus: synonyms and related words
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(Definition of "shopworn" from the Cambridge Advanced Learner's Dictionary & Thesaurus © Cambridge University Press)
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Word of the Day
friendly and pleasant to be with


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NARUTO|Hokages Funeral (FINAL)
Credits & Info
- Uploaded
- Aug 28, 2006 | 9:59 AM EDT
- File Info
- Song
- 3 min 22 sec
- Score
- 4.13 / 5.00
Related Content
Heard in 6 Entries!
View all submissions featuring this audio file.
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Licensing Terms
Please contact me if you would like to use this in a project. We can discuss the details.
- Score:
- Rated 4.13 / 5 stars
- Plays & Downloads:
- 23,037 Plays | 2,763 Downloads
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- Genres:
- Electronic - New Wave
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Author Comments
Rated 5 / 5 stars
10/10 Naruto is the best anime out there and this remix is just perfect. Reminds me about Iruka's speech to Naruto about the bonds people share with each others.
First the Third dies and now his son (Asuma) dies. Only 2 known members of the Sarutobi clan are still alive (Message me if you want to know who they are.)
Rated 5 / 5 stars
mad respect
nice u might hear this in on of my animations
Rated 5 / 5 stars
Gentle, yet nice beat
This is a nice melody from the show. Great steady beat, still sets the mood of sadness, and it peaceful to listen to, at least to me anyway. Keep up the good work.
Rated 5 / 5 stars
awsome job: nothing else can be said but perfect
so sad and beautiful it is so amazing... BTW the song isn't called hokages funeral its called grief and sorrow not sadness and sorrow yes they are different. oh um can you pm me if you can make a mix of hinata vs neji theme? that would be great
Rated 5 / 5 stars
normaly i say naruto sucks but for this one time i say this rocks
eh... i mean the song


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Town Square
Where is this week's online version of the Voice?
Original post made by GSB, Castro City, on May 3, 2008
Comments (2)
a resident of North Whisman
on May 5, 2008 at 11:34 am
I know... What happened to it?
Mountain View Voice Editor
on May 5, 2008 at 1:03 pm
Don Frances is a registered user.
Thanks for calling this to my attention. It looks like we're having some technical difficulties. The Voice's IT Dept. hopefully will have the online version up before the day's out.
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Opening alert: Kyosho Sushi in Menlo Park
By Elena Kadvany | 3 comments | 1,333 views
Love is a Verb
By Chandrama Anderson | 0 comments | 1,013 views


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An influx of cheap Chinese-made goods such as flat-screen televisions is expected to put pressure on an already challenged retail sector in Australia this year.
An increasing number of flat-screen TVs from China are likely to enter the Australian market this year and next and will give retailers no respite from falling prices, Commonwealth Bank of Australia analyst Andrew McLennan said yesterday.
"The Chinese panel manufacturers will be selling a very, very cheap product. They will outprice the Koreans and Japanese, taking market share at a much lower price point. It continues a problem we've seen in recent years. The amount of dollars [retailers] will get from that sale will continue to fall," he said.
China became the world's largest producer of flat-screen TVs last year, with manufacturers such as Haier accounting for 78 per cent of their home market.
Retailers are expanding their discounting in post-Christmas trading as they try to move unsold stock.
"Trading was as we signalled in our last update and post-Christmas sales remained the same," he said.
Deflation in consumer electronics has been running at 5 per cent to 10 per cent in Europe and the US over the past two years, but it has been pushed far higher in Australia by the surging dollar.
While retailers are still getting a gross margin of about 20 per cent on key products like flat-screen TVs, prices have dropped from $5000 a few years ago to less than $1000 now, as manufacturers push through cheaper products in a fight for market share.
One hope for retailers is the advent of a new product cycle that will see consumers buy higher-priced new goods, such as thinner and lighter new- generation TVs that manufacturers LG and Samsung are in the process unveiling.
"There's every chance there will be some innovation over the next 12 to 18 months that will provide a new reason to buy in the sector, but it will be difficult to overcome the sheer numbers in terms of the price deflation that the retail sector has faced in electronics," Citigroup analyst Craig Woolford said.
With the first round of flat-screen TVs from 2004-05 getting close to their replacement phase in a cycle that typically lasts five to seven years, there was likely to be some turnover coming soon, he said.
While prices have been falling in consumer electronics generally, the impact is worst on flat-screen and plasma TVs. Myer boss
Mr McLennan said: "They have been traditionally the largest category in consumer electronics. Everyone was anticipating that volume growth would continue to come through for a number of years. Volume growth is up there in double digits, 10 per cent to 15 per cent, but deflation is so aggressive the whole category continues to shrink. It's no longer the profitgenerating category it's been."
The Australian Financial Review


text:
Click on a thumbnail to go to Google Books.
Until the Full Moon Volume 2 (Until the Full Moon) (original 1998; edition 2005)
by Sanami Matoh
Work details
Until the Fool Moon, Volume 2 by Sanami Matoh (1998)
No current Talk conversations about this book.
In this second half of David and Marlo's romance it really seemed that it followed the same storyline as the first with just some subtle differences. Marlo's constant back and forth like/dislike of David should be annoying, but it really isn't. Once again the couple bring together another couple suffering from unrequited love and Marlo undergoes another startling transformation that could wreak havoc on the upcoming nuptuals. David's care for Marlo is sweet in its unwavering consistancy despite Marlo's confusion and turns of events. Although some of the panels were a little more explicit than in other mangas I've read I didn't find them at all distasteful and probably are, in fact, relatively tame in comparison to some from what I've heard. This is certainly a very appealing love story which I've really enjoyed reading.
A nice conclusion to a unique and cheerful story. Nothing spectacular, just a fun story with a cute couple.
References to this work on external resources.
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No descriptions found.
Marlo and David's engagement is threatened by one of David's former flames, who sends for David, asking for help, but doesn't quite tell the whole story. Add a glass of "special" wine and things get more complicated. Plus, it seems that David's father has some secrets of his own that may affect David and Marlo.… (more)
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Ryan Spooner has been recalled by the Boston Bruins on an emergency basis. With the Bruins forward depth being tested due to injury, Spooner is expected to make the trip to Montreal for Wednesday's game.
Spooner, the Bruins second round pick in 2010, is in his first professional season and if he plays will be making his NHL debut. This season with the Providence Bruins, Spooner has nine goals and 30 points in 35 games.
The Bruins also have Jamie Tardif, who made his NHL debut against Toronto, up on an emergency basis
The recall of Spooner comes days after Brad Marchand took a hard fall into the boards during the Bruins win over Toronto. Marchand missed the entire third period and whether he can play Wednesday is still unknown. It is also unknown whether Daniel Paille will play Wednesday after missing the game at Toronto. Claude Julien hasn't ruled either of them out just yet.
Shawn Thornton is still out with a concussion sustained against Buffalo.Tags: Boston, Boston Bruins, Brad Marchand, Claude Julien, Daniel Paille, Hockey, Jamie Tardif, NHL, Providence Bruins, Ryan Spooner, Shawn Thornton


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As a member of the NYU community, you're eligible to purchase discounted tickets to many of the wide range of performances and events held at the Skirball Center. Discounts are often 15% off the regular ticket price. Your NYU ID will also grant you admission to many free events and NYU-exclusive performances so check the calendar often for the latest line-up!
Discounted tickets are available to purchase in person at the Shagan Box Office (also known as NYU Ticket Central) with your valid NYU ID or online via NYU Home. To purchase tickets online, login to NYU Home, select NYU Life from the menu bar and scroll down to the Skirball Center Channel where you can select the appropriate Get Tickets link and continue to make your purchase.
If you are an NYU student, click here to discover everything that NYU Skirball Center has to offer you, including discounted tickets and our extra special Skirball Insider package.
When you join as an NYU Skirball Member, click here you are eligible for the deepest discounts (30% off) available to Skirball presentations and other select events throughout the year! With special access and advance notice of upcoming events, there are many more benefits and Skirball memberships to choose from.
PHOTOS: Mario Morgado


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  <meta content="text/html; charset=ISO-8859-1" http-equiv="Content-Type">
On 07/14/2012 21:39, nemysis wrote:

XBill Is a game for Bill-haters. Ah, the escasy to squish the evil Bill like a bug! :> games/xbill http://xbill.sourceforge.net/ StepBill This is a port of the MacBill, which is based on XBill, source to GNUstep. Ever get the feeling that nothing is going right? You're a sysadmin, and someone's trying to destroy your computers. The little people running around the screen are trying to infect your computers with Wingdows [TM], a virus cleverly designed to resemble a popular operating system. Your objective is to click the mouse on them, ending their potential threat. If one of the people reaches a computer, it will attempt to replace your operating system with the virus it carries. It will then attempt to run off the screen with your vital software. games/stepbill http://gnu.ethz.ch/linuks.mine.nu/stepbill/ Virus Killer Your computer has been invaded! Dozens of little viruses are pouring in via security holes in Microsoft Internet Explorer, Microsoft Outlook, Microsoft MSN Messenger and Microsoft Recycle Bin!! Using your trusty mouse you must shoot the buggers before they can destroy your files! Some will steal them from their home directories and take them back to their security hole. Others will just eat them right there on the spot! See how long you and your computer can survive the onslaught! games/viruskiller XTux Is a client server network game for X11 featuring opensource mascots. Players can compete in a multiplayer deathmatch mode (called holywar) or play against the computer (cooperative multiplayer supported) in a mission against Microsoft. games/xtux http://xtux.sourceforge.net/

 <fieldset class="mimeAttachmentHeader"></fieldset>

_______________________________________________ Pbi-dev mailing list firstname.lastname@example.com http://lists.pcbsd.org/mailman/listinfo/pbi-dev

 We already have a module for viruskiller (the program seg faults when you try to run it however...) so I am not committing that one.
 I am also unsure about the stepbill module. I am going to commit it and try to build it, but it looks like it is basically just the XBill program specifically modified for the GnuStep framework (which I am not sure will work properly as a PBI because of the differences between standard binaries and GnuStep Applications). We will see if it works once the PBI builds.

 I did commit the other two modules.
 Thanks for sending them in!

-- ~~ Ken Moore ~~ PC-BSD/iXsystems


text: ITEM #: SP098NXDESCRIPTION: The new patent-pending Hip-notic from Spanx has lower tummy control without a waist band, so it blends into a woman's figure without digging in and causing waistline spillage or those dreaded "muffin tops." With unique butt-lifting and separating features and slick yarns that won't cling to pants or jeans, your figure looks as if you had nothing on underneath, even under light-colored pants and skirts. Plus, Hip-notic is designed to ensure that you'll have ample coverage in back, so you'll never reveal the wrong kind of cleavage when you sit down.*Low-rise, footless, sheer pantyhose extends below knee*Control top smoothes and firms tummy, thighs and rear*No waistband, soft comfortable design won't dig in*Unique butt-lifting and separating features*Soft, slick yarns wont cling to your clothes*Adjustable leg band can be worn between ankle and knee*Special design won't slide down in back when you sit*Has cotton gusset, so can be worn without underwearSTYLE TIP: Wear under low-rise pants and skirts.Click Here For The Size Chart


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Quick Links
We are located at the southern end of Kingston Beach at the mouth of the Derwent River, Hobart, Tasmania. The club boasts some of the best sailing in Australia with views to match.
Whether you are a seasoned sailor or someone who is new to the sport, by joining the Kingston Beach Sailing Club you can enjoy a whole host of benefits, including coaching, low-cost sailing lessons, power boat courses, racing, social events and boat storage.
We also offer a range of adult and junior sailing lessons to the public which provides a great opportunity to experience the fun of sailing in a safe environment.
We hope to see you on the water soon!
The club is open for enquiries on Saturdays between 8am and 5pm approx or contact the Commodore for further information.
Venue Hire
The Kingston Beach Sailing Club hall is available for functions such as wedding receptions, birthday parties, corporate functions, and other similar events. With unparralleled views, the sailing club is the perfect location to celebrate your special event.
Contact Jenny Graney email@example.com
Membership of KBSC entitles members to boat storage (where available and will be allocated on a first come basis), half price venue hire and access to all courses offered by the club throughout the season such as Power Boat Handling Course, VHF Radio Operators Course, and First Aid Courses. For information about membership costs please check the Membership Tab.
The online membership registration form for season 2016/17 is now available.
KBSC is a designated Australian Sailing TACKERS sailing club.
For more information READ the TACKERS tab (above) - Jenny Graney email@example.com or the Commodore - Stephen Reynolds firstname.lastname@example.com
An online registration form for Tackers courses is not yet available.
Kingston Beach Sailing Club Inc
44 Osborne Esplanade, Kingston Beach, Tasmania
PO Box 953 Kingston Tasmania 7051
Phone: 03 6229 5040
web: http://www.kbsc.org.au
email: firstname.lastname@example.com
Commodore; Stephen Reynolds 0410 996 359 firstname.lastname@example.com


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purchased the NEW Pure Energy starter to install in my 2000 Saturn LW! to replace the original starter with217,000 miles. was an easy install and a first class product. Save many dollars. Price was Great