Soliven V Makasiar Case Digest free essay sample

This is a petition for certiorari and prohibition to review the decision of the RTC of Manila. The facts are stated in the resolution of the Court regarding G. R Nos. 82585, 82827 and 83979; wherefore, the petitioner’s were lump together considering these cases were same in character. In these consolidated cases, 3 principal issues were raised: 1) whether or not petitioners were denied due process when information for libel were filed against them although the finding of the existence of prima facie case was still under review by the Secretary of Justice and, subsequently, by the President; 2) whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses to determine probable cause; 3) whether or not the President of the Philippines, under the Constitution, may initiate criminal proceedings against the petitioners through filing of a complainant-affidavit. The following subsequent events informs about the first issue that rendered moot and academic: On March 30, 1988, the Secretary of Justice denied petitioners’ motion for reconsideration and upheld the resolution of the Undersecretary of Justice sustaining the City Fiscals finding of a prima facie case against petitioners; Also another motion for consideration filed by petitioner Beltran was denied on April 7, 1988; On appeal, the President, through the Executive Secretary, affirmed the resolution affirmed the Resolution of the Secretary of Justice on May 2, 1988; And on May 16, 1988, The Executive Secretary denied the motion for reconsideration. We will write a custom essay sample on Soliven V Makasiar Case Digest or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The second issue calls for an interpretation of the constitutional provision on the issuance of arrest warrant. The third issue argues on the presidential privilege of immunity from any suit. Petitioner’s Contention: Petitioners’ contention is that they have been denied the administrative remedies available under the law has lost factual support. Petitioner Beltran’s contention is that he could not be held liable for libel because of the privileged character of the publication. Petitioner Beltran also claim that to allow libel case to proceed would produce a chilling effect (fear) on press freedom. Issue: Whether or not freedom of speech was abridged. Ruling: Libel is not protected by the free speech clause, and some provocative statements which if taken literally will appear disrespectful and cause shame on behalf of public figures specially the President rendering them irritated, bothered, and could cause hindrance and distraction to their job. Finding no grave abuse of discretion amounting to excess or lack of jurisdiction on the part of the public respondents, the Court resolved to dismiss the petitions in G. R. Nos. 82585, 82827, and 83979. Hence, the writs for certiorari and prohibition prayed for cannot be issued.

How to Conjugate the Verb Stare in Italian

How to Conjugate the Verb 'Stare' in Italian â€Å"Stare† is used to talk about all things, from how you’re doing to where you’re at in Italy, so it’s best if you feel comfortable using this word in all its forms. What’s more, it’s an irregular verb, so it doesn’t follow the typical -are verb ending pattern. Below, you’ll find all of its conjugation tables as well as examples, so you can become more familiar with using stare. Definitions of Stare To beTo stayTo remainTo standTo be situatedTo liveTo be about to Stare in Italian It’s an intransitive verb, so it does not take a direct object.The infinito is â€Å"stare.†The participio passato is â€Å"stato.†The gerund form is â€Å"stando.†The past gerund form is â€Å"essendo stato.† Indicativo/Indicative​ Il presente io sto noi stiamo tu stai voi state lui, lei, Lei sta loro, Loro stanno Esempi: Sto bene, e tu? I’m good, and you? Maria sta buttando la pasta, ti fermi a pranzo con noi? Maria is about to cook pasta, are you going to have lunch with us? Il passato prossimo io sono stato/a noi siamo stati/e tu sei stato/a voi siete stati/e lui, lei, Lei à ¨ stato/a loro, Loro sono stati/e Esempi: Sono stata a Bologna ieri sera. I was in Bologna last night. Marco e Giulio sono stati davvero carini! Marco and Giulio were extremely nice! L’imperfetto io stavo noi stavamo tu stavi voi stavate lui, lei, Lei stava loro, Loro stavano Esempi: Che stavi facendo? What were you doing? Stavamo per partire quando ci ha chiamato Giulia. We were about to leave when Giulia called us. Il trapassato prossimo io ero stato/a noi eravamo stati/e tu eri stato/a voi eravate stati/e lui, lei, Lei era stato/a loro, Loro erano stati/e Esempi: Ho vissuto in Italia per 12 anni e non ero mai stato a Roma. I lived in Italy for 12 years and I had never been to Rome. Ero stato anche all’aeroporto, ma era gi partita. I also was at the airport, but she had already left. Il passato remoto io stetti noi stemmo tu stesti voi steste lui, lei, Lei stette loro, Loro stettero Esempi: Nel 1996, stetti a Londra per due settimane. In 1996, I stayed in London for two weeks. Stettrero ospiti a casa di Sandra durante il loro soggiorno a Milano. They stayed at Sandra’s during their stay in Milan. Il trapassato remoto io fui stato/a noi fummo stati/e tu fosti stato/a voi foste stati/e lui, lei, Lei fu stato/a loro, Loro furono stati/e This tense is rarely used, so don’t worry too much about mastering it. You’ll find it only in very sophisticated writing. Il futuro semplice io starà ² noi staremo tu starai voi starete lui, lei, Lei star loro, Loro staranno Esempi: Sà ¬, infatti, lui à ¨ malato, perà ² star bene fra un paio di giorni. Yes, in fact, he is sick, but he will be better in a couple of days. Starà ² pià ¹ attento, te lo prometto. I will pay more attention, I promise. Il futuro anteriore Io sarà ² stato/a noi saremo stati/e tu sarai stato/a voi sarete stati/e lui, lei, Lei sar stato/a loro, Loro saranno stati/e Esempi: Ho dimenticato di prenotare i biglietti? Sarà ² stato davvero stanco ieri sera. I forgot to book the tickets? I must have been really tired last night. Dov’era Giulia a sabato? Sar stata con suoi amici. Where was Giula on Saturday? She must have been with her friends. Congiuntivo/Subjunctive​ ï » ¿Il presente che io stia che noi stiamo che tu stia che voi stiate che lui, lei, Lei stia che loro, Loro stiano Esempi: Non so perchà © lui stia qua. I don’t know why he is here. Non penso che tu stia preparando abbastanza piatti. I don’t think you’re preparing enough dishes. Il passato io sia stato/a noi siamo stati/e tu sia stato/a voi siate stati/e lui, lei, Lei sia stato/a loro, Loro siano stati/e Esempi: Penso sia stato meglio cosà ¬. I think it was for the best. Credo proprio che siano stati accompagnati in taxi all’aereoporto. I really think they had been taken by taxi to the airport. L’imperfetto io stessi noi stessimo tu stessi voi steste lui, lei, Lei stesse loro, Loro stessero Esempi: Non pensavo che lui stesse alla festa. I didn’t know that he was at the party. Pensavo che stesse a dormire a casa tua. Sarei stato molto pià ¹ tranquillo! I thought she was sleeping at your place. I would have been a lot more relaxed! Il trapassato prossimo Io fossi stato/a noi fossimo stati/e tu fossi stato/a voi foste stati/e lui, lei, Lei fosse stato/a loro, Loro fossero stati/e Esempi: Se quel giorno fossi stato con lui, non sarebbe stato cosà ¬ triste. If I had been with him that day, he wouldn’t have been so sad. Se fossimo stati amici in quel periodo, ci saremmo divertiti un sacco! If we had been friends during that time, we would have had so much fun! Condizionale/Conditional​​ Il presente io starei noi staremmo tu staresti voi stareste lui, lei, Lei starebbe loro, Loro starebbero Esempi: Se io abitassi in Italia, starei meglio. If I were to live in Italy, I would be better. Se aveste finito i vostri compiti a quest’ora stareste al mare! If you had finished your homework, by this time you would be at the seaside! Il passato io sarei stato/a noi saremmo stati/e tu saresti stato/a voi sareste stati/e lui, lei, Lei sarebbe stato/a loro, Loro sarebbero stati/e Esempi: Sarei stata contenta se lui mi avesse regalato dei fiori. I would have been happy if he had given me some flowers. Non sarebbe stato possibile senza l’aiuto di Giulia. It wouldn’t have been possible without Giulia’s help. Imperativo/Imperative​​ Presente stiamo sta/stai/sa’ state stia stiano Stai zitto! Be quiet (informal)! Stia attenta! Pay attention (formal)!

Autobiography - The Separation Essay

Autobiography The Separation Essay Have you ever wondered if two people in love can stay together for life? In marriage, it is very common for husband and wife to vow to be with each other until one dies. However, there are studies that show that 8 out of 10 couples get divorced after the span of 1 to 20 years. This happened to my parents, they separated, this was when i was in the 8th grade leading to my first year of high school. I remember that day as if it was yesterday, a Wednesday afternoon. My sister Aixa and I had arrived home from school, as we strolled in through the front door we could smell the deliciousness of the ham and cheese sandwiches my grandma had ready for us. Later on, around 6 oclock, I was doing my english homework when my mother got to the house. She was always very drowsy and tired, work left her like that, and so commonly she would sleep as soon as she got home. This would make my mad upset and so they soon enough stopped kissing, stopped hugging, stopped talking. My father had also arrived home around an hour later, he went into his bedroom where my mom was resting and they talked for hours, which was a first in those past few months. They called for us and we all sat in the living room with the big plasma television. Mandy, Aixy ,  he exclaimed, calling us by our nicknames. We have decided to separate, you guys are already aware how much we dispute, it is not that we dont want to, but we dont have that spark anymore.   By that time my sister had broken into tears, screaming. Why? Why? Stay together for me! Please!   My mom put her hand up as a sign for her to be quiet as she replied. I simply do not love him anymore.   Everyone was quiet, the only sound was the couch creaking as I stood up and ran out the door. I thought I heard my parents call out to me, but I dont remember well. It was drizzling, and as I traversed through the cement I felt something cold stain my cheek, a tear, not a raindrop, but a tear. And soon came many ot hers, flooding my face with salty droplets. I hugged my hands to my chest and convinced myself I was going to be okay, I was going to move on and get past this hurtful event. I eventually walked back home where my parents yelled at me, and then hugged me. Months passed and my mother, sister and I finally moved. We moved into a cozy little apartment for three, every night I would remember my dad and how I didnt live with him anymore, I was very disappointed. But a year later i got used to it and I realized that it was okay for people to not love each other anymore, thoughts and ideas come and go, isnt it the same with love?

Pd film Movie Review Example | Topics and Well Written Essays - 500 words

Pd film - Movie Review Example The primary character in this case is Max Klein, one of the survivors after the plane crash. On realizing that the plane is on a crash course and there is minimal chance of survival, he gets comfortable with the idea that his life is going to be ended. In this situation, Max did not want it to be that he was the only one. This is because there were a whole lot of passengers who were scared by the situation at hand. It is at this point that we see the power of thought and the belief system, which a person has, working for them. Max is of the opinion that he is going to die and he has willingly accepted the fact. In this same case, he offers the other passengers a semblance of consolation. The other way through which this event seems to have changed the life of Max is by letting him do away with some of the fears, which he had. In this case, the fear, which is in question, is the fear of flying. This is something, which is exhibited when he declines the tickets, which were offered to him for the purpose of transport to San Francisco. He clearly states that he does not fear flying anymore. What this shows to the normal person is that it is of the essence to let of the fears, which act as barriers to the development of a person. The reason for this is that it may be difficult for the individual in question to make any significant progress in his or her life. This is simply because he or she is tied to the fears, which he or she seems to be having in his or her life. The happenings in the film also point out to the viewers that it is very important to be people who live for the moment and enjoy the pleasures which life has to offer. This is a fact, which was highlighted when Max met up with Alison, his high school sweetheart. Initially, it is realized that he had an allergy for strawberries. However, upon their meeting, Alison notes that max is eating strawberries. She questions this and the answer gives is that Max had gotten past his

Capstone Experience (Employee Impact on the Plan )3 Assignment

Capstone Experience (Employee Impact on the Plan )3 - Assignment Example have a negative effect on the organizations performance as a whole. Bad behavior in an organization setting can emanate from the work groups, to which an employee belongs; bad or strict organizational culture and policies e.g. tight supervision; work attitudes; organizational politics e.g. favoritism in promotions, poor compensation policies, personal deviance e.g. verbal abuse, sexual harassment and endangering co-workers, etc. (Robbins and Judge, 2012). Deviant behavior has a negative effect on employee recruitment and training (Martinko, Gundlach and Douglas, 2002). For instance, deviant behavior can lead to favoritism during recruitment, demotivation of new employees, high employee turnover, resistance to change, unhappy workers, unsafe work environment, low employee production, hostile work environment, low-skilled workers due to lack of commitment from old employees to mentor and train new employees, dissatisfaction, etc. (Tina, n.d.). The overall ramifications of poor employee training like poor or low quality work processes can affect negatively on the overall performance of the organization leading to business failure. Therefore, it is imperative that negative behaviors in organizations are checked to ensure that employees are satisfied because the overall performance of the organization depends on the productivity of individual employees of the organization. Martinko, M., Gundlach, M., and Douglas, S. (2002). â€Å"Toward an integrative theory of counterproductive workplace behavior: A causal reasoning perspective.† International Journal of Selection & Assessment,

Strategic plan Essay Example for Free

Strategic plan Essay The objective of this weeks assignment are to create a SWOT analysis for the Combat Sports Association to determine the internal strengths and weaknesses of the organization and the external opportunities and threats to organization. The assignment will also identify the legal and regulatory trends that need to be taken into consideration and how the CSA will adapt to changes in the industry. Major issues will be identified and classified to determine the importance of each issue in the analysis. SWOT ANALYSIS: Strength: Weakness Strategy- Provide quality service by staying true to the CSA vision, mission, and core values Structure- The structure for CSA is simplistic that it can be managed by the owner and an Administrative Executive and service rendered by contractors Resources- limited resources are needed for start up (capitol, facilities, computers, personnel Leadership- CSA leadership has a proven track record within the combat sports community Technology- CSA has very little knowledge of current technology application such as web design. Intellectual Property- All applicable regulatory requirements for SCA need to be written. Economic: Combat sports are currently the fastest growing sports in the U. S Technology: The growth in technology allows faster communication via social media, smart phones to allow for real time communication Innovation: By staying up to date on the changes/issues in the sports CSA will can stay of the leading edge of training officials and provide customers will the best service available Competitive Analysis: There is tremendous growth in the sports. There are more promoters than established sanctioning bodies. Resulting in a stronger market share for a reputable sanctioning body Legal/regulatory: Combat Sports legal/regulatory requirements vary from state to State Social: Changes in social values of promoters (ethics/morals) and competitors ( banned substances) require constant supervision Environmental: Exposure to blood borne pathogens by officials, competitors, and fans must be mitigated by ensuring testing and proper disposal of bio hazard materials Opportunity: Threat: The Combat Sports Association SWOT analysis provides key areas of focus for development of a strategic plan for operating a new sanctioning body for combat sports in Nevada. The external factors that will be looked at are legal and regulatory requirements in the combat sports industry and how CSA will apply these requirements to ensure customer compliance. CSA will look at the economical perspective in regards to the growth of combat sports in Nevada and the competitive analysis SCA will use to be a low-cost provider in a competitive market. These issues are classified as the external issues of CSA . The internal factor that will indentify the strengths and weaknesses of CSA will be Leadership, structure, resources, and intellectual property. The leadership provided to CSA customers and sub-contractors is a differentiating value chain activity that sets CSA apart from competitors. CSA is structured as a flat organization to provide a simplistic communication with customers and contractor and eliminate costs to maximize profit. Few physical resources and overhead are needed to develop CSA in the combat sports industry. The most significant hurdle to overcome fro CSA is the development of intellectual property that will set CSA apart from the competition. These issues are classified as the internal issues of CSA. The two largest hurdles for CSA are the legal and regulatory factors (external) and the intellectual property (internal). Legal and regulatory factors were identified as a threat based on governmental laws of the state of Nevada. The Nevada State Athletic Commission (NSAC) is the office of primary responsibility (OPR) that sets the regulatory guidance of combat sports in Nevada. This is accomplished through N. R. S 467 and N. A. C. 467 making compliance mandatory for all sanctioning bodies within Nevadas jurisdiction. CSA must comply with these standards and stay attuned to any changes, adapt to any changes of the law. One example is the policy changes for Therapeutic Use Exemption (TUE) for Testosterone Replacement Therapy (TRT) for combat sports athletes. The intellectual property for the SCA must be written to comply with the regulatory requirements of the NSAC. SCA classified intellectual property as an internal issue and weakness. CSA intellectual property is the policies and procedures that the organization will operate from and the standards operating procedures that its customers/promoters/athletes will abide by. The intellectual property has for CSA has yet to be written. Until the CSAs regulatory guidance is written CSA will be unable to operate within the state of Nevada. The economic factor was classified as an external issue and indentified as strength for CSA. Combat Sports in the U. S. , particularly Mixed Martial Arts (MMA) is the fastest growing sport. With the interest in the sports growing more gyms that cater to the mixed martial artist are opening. Those athletes that wish to compete seek out organizations they wish to compete for. This results in more events being put on by promoters. There is more business minded people investing in becoming promoters. As this growth continues it means more opportunity and work for sanctioning bodies. The CSA can take advantage of this growth in the MMA by conducting a competitive analysis to determine its place in the market. The competitive analysis was classified as strength for CSA because it beat the competition in all but one category. This gives CSA a strong competitive position in the sanctioning body market. Competitive Analysis CSA Rival 1 Rival 2 Quality performance 10 8 7 Reputation/Image 10 7 6 Service Capabilities 10 8 7 Competence Capabilities 9 9 7 Financial Resources 8 9 8 Geographical Infrastructure 9 8 8 Un-weighted Strength Assessment 56 49 43 The leadership of CSA is classified as an internal factor and identified as strength. One of the key factors is the experience the leadership has in the combat sports industry and over 21 years of providing quality control for regulatory standards. CSAs leadership has a proven track record within the industry for adherence to regulatory compliance and leading promoters to compliance rather than forcing them. The leadership is recognized as a subject matter expert within the state for matters concerning combat sports and is often recommended by NSAC to consult with new promoters prior to state licensing. The CSA leadership is a resident of the state of Nevada; where-as rival companies are out of state residents. This allows CSA leadership to frequently meet with NSAC on key issues and provide on-site supervision for customers/promoters event. All the experience and expertise has allowed the CSA leadership to develop a vision, mission, and core values that will allow SCA to achieve unprecedented success in a growing industry. The Structure of SCA flat this allows for direct communication to all functional areas of the CSA. This also is effective in cutting costs. By maintaining a flat structure CSA management speaks directly with customers and subcontractors on all matter to facilitate continuous improve to relationships and processes. For example; if a customers CFO needs a specific information on CSA officials travel itinerary they can call CSA management or the officials directly or if the customers administrative executive needs statistical data from previous event they can call CSA management directly. One of the benefits of a flat structure is that CSA provides customers with a hands-on approach to dealing with the customers needs. This creates a friendly and trusting environment. Another benefit to a flat structure is that it alleviates the high costs of multiple management and employees costs. With a flat structure that outsources key positions to subcontractors CSA can focus directly on maximizing profits. Customers/promoter will pay the subcontractors directly and only pay CSA the event representative fee and the standard sanctioning fee for services rendered. The resources factors was classified as an internal strength because there are very little resources and overhead needed to start up a sanctioning body. Essentially the initial resources needed are a computer, home office, and standard office supply. Very little capitol is needed to start this business. Some additional costs will be a business license, incorporation fees, legal fees to ensure contracts with customers are properly written to reduce CSA liabilities. CSA has established relationships with the best subcontractor/officials (Referees, judges, timekeepers, scorekeepers, inspectors, and physicians) in the combat sports industry. These relationships will help CSA move forward to become the premiere sanctioning body in Nevada. By using qualified and training officials CSA will create a culture of safe and fair competition for its customers that will attract the best competitors. This will result in a larger fan base for the promoters thus generating higher ticket sales and increased revenue. The comprehensive SWOT analysis conducted by CSA has achieved compound result that provides CSA with multiple areas of focus. It identified the internal strength and weaknesses of the organization. The opportunity and threat identified external factor that need to be focused on. The competitive analysis provided a current snapshot of how CSA currently ranks within the industry. The SWOT analysis also shows CSA where it can make improvements. The overall assessment for CSA is that it can gain a considerable market share of the combat sports industry within Nevada considering the growth of combat sports.

Organizational Structures that are Suitable in the Business Circumstances Today :: Papers

Organizational Structures that are Suitable in the Business Circumstances Today The world today is experiencing the most rapid pace of change in its history. The purpose of this essay is to discuss what organizational structure is suitable in the business circumstances of today. This essay will argue that ‘the environment of the 21st century is such, that to be effective, organizations are tending towards less formalized structures than used in the past’. To support this argument, firstly organizations will be defined, and then the properties that make an organization effective will be identified. Next organizational structure will be appraised, and what constitutes business environment will be established. Finally the influences globalisation and technology have had on the will be addressed in relation to changes in organizational structure. Robbins et al. define an organization as ‘a deliberate arrangement of people to accomplish some specific purpose’ (2000: 5). While Wood et al. consider organizations as ‘collections of people working together in divisions of labour to achieve a common purpose’ (1998: 15). These definitions fits a wide variety of groups such as sporting clubs, religious bodies, voluntary associations etcetera however for this essay will concentrate on business organizations. A Business organizations’ purpose is to deliver and product or service in such a way that a benefit is gained for the organization, profit or goodwill for example. The Macquarie dictionary is defines effective as ‘producing the intended or expected result and producing a striking impression’ (1990). Thus an effective organization is an arrangement of people that successfully achieved their purpose, ie. a large profit of fine product, and have done so in a noteworthy, exemplary, commendable method or fashion. It is understood that to be effective an organization must be efficient. Efficiency is defined as ‘the relationship between inputs and outputs, the goal of which is to minimize resource cost’ (Robbins et al., 2000: 8). Usually a business organizations’ success is primarily measured in financial profit, though this is not the only benchmark. Organizational structure is defined as ‘the organization’s formal framework by which job tasks are divided, grouped and coordinated’ (Robbins et al., 2000: 351). Generally an organizations’ structure is considered to be the managerial framework that directs the non-managerial employees. Traditionally western organizational structure can be argued to have developed from the feudal system of government where a strict pyramidal power and class structure existed.