...COPIED FROM CERTAIN REFERENCES. The elements of estafa with abuse of confidence under this provision are as follows: 1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same; 2. That there be misappropriation or conversion of such money or property by the offender; or denial on his part of such receipt; 3. That such misappropriation or conversion or denial is to the prejudice of another; and 4. That there is a demand made by the offended party to the offender.15 Article 315, paragraph 1(b) of the Revised Penal Code reads: ART. 315. Swindling (estafa). – Any person who shall defraud another by any of the means mentioned herein below shall be punished by: … 1. With unfaithfulness or abuse of confidence, namely: … (b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received such money, goods, or other property. The elements of estafa with abuse of confidence are as follows: a) that money, goods or other personal property is received by the offender in trust, or on commission, or for administration...
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...owner on board, operational changes occurred rapidly with workers finding themselves in strange position. In the backdrop of this rapid change in leadership, there was a paradigm shift in all operations within the firm. This culminated in the company registering losses and some workers contemplating on moving to other firms. This paper explores the dissimilar leadership styles and the varied predicaments that the organization underwent over the nine months period considered. 1. Strengths and Weaknesses of Hill Enterprises Nine Months After Phil Bellows became a Manager. Phil Bellows helped to establish formal channels of communication, with the use of charts and e-mails. This ensured quicker and faster passage of messages to the intended recipient, a reduction of time wastage by employees and increased production. The firm was able to acquire new premises for the president. Additionally, his leadership saw the introduction of information scheduling procedures and reduction in the cost of production (Knudson, 1991). From the case study, there is a notable breakdown in communication from the management of Hill Enterprise during the nine months of Phil Bellows tenure. Robert Hill, as the founder of the firm had established an individualized form of communication with his employees. Through effective communication he was able to motivate workers to work overtime and during difficult times without complaining. This paid off as the firm made double profit and the employees were given...
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...INTRODUCTION [1]Estafa also known as swindling is a crime committed by any person who shall defraud another by any of the means mentioned in the Revised Penal Code (RPC). Article 315 of the Revised Penal Code of the Philippines enumerates the crime constituting estafa. Estafa is a criminal case that is punishable under the Revised Penal Code and is also classified as a crime against property under the same code. As to its nature, Estafa is a crime which is mala in se. [2]Mala in se as defined as those so serious in their effects in the society as to call for almost unanimous condemnation of its member as distinguished to Mala prohibita which are crimes in violation of mere rules of convenience designed to secure a more orderly regulation of affairs of society. The following constitute the crime of estafa: [3]“1. With unfaithfulness or abuse of confidence, namely: a) By altering the substance, quantity, or quality or anything of value which the offender shall deliver by virtue of an obligation to do so, even though such obligation be based on an immoral or illegal consideration. b) By misappropriating or converting, to the prejudice of another, money, goods, or any other personal property received by the offender in trust or on commission, or for administration, or under any other obligation involving the duty to make delivery of or to return the same, even though such obligation be totally or partially guaranteed by a bond; or by denying having received...
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...Blake A. Summer Conditioning Paper Mr. Chrisinger Shaquille O’Neal Shaquille Rashaun O’Neal was born March 6, 1972; Shaq went on to become one of the most dominant players in NBA history, helping his teams win NBA championships and Olympic Gold. Shaq has been an athlete, actor and musician. He attended Cole High School in San Antonia, Texas. Shaq, standing seven feet and 315 pounds, is arguably one of the most dominant players in NBA history. At Louisiana State he was named 1991 College Player of the Year and a unanimous first team and All American in both 1991 and 1992. He would drop out of college in 1992 to pursue his career in the NBA. The Orlando Magic drafted him with the 1st overall pick in the 1992 NBA Draft. In Shaq’s rookie season he was with the Orlando Magic, he finished in the top ten in scoring, rebounding, blocks and shooting percentage. Shaq would fail at the free throw line though. This is why other NBA centers would just foul him instead of letting him have an easy shot. This became known as “Hack-a-Shack”. He became the first player in NBA history to earn player of the week in only his first week in the league. He would be with the Orlando Magic from 1992 to 1996. Shaquille O’Neal, with the Los Angeles Lakers, would be one of his most set destinations over his career. After Shaquille became a free agent in the 95-96 seasons he would sign onto the Lakers roster for a seven year, $121 million dollar contract. He insisted he did not join the Lakers for the...
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...Carleton University Department of Political Science Winter 2016 PSCI 3600B International Institutions Thursdays - 11:35am to 2:25pm Please confirm location on Carleton Central Instructor: Office: Office hours: Telephone: e-mail: James Milner Loeb A629 Thursdays, 3-4pm and Fridays, 10-11am (or by appointment) (613) 520-2600 x2211 James.Milner@carleton.ca Please use your Carleton e-mail address or the e-mail function of cuLearn to send an email to the instructor or TA and always include the course code in the subject line. First class: Last class: 7 January 2016 7 April 2016 NOTE: No class meeting on 18 February 2016 due to Reading Week cuLearn: On-line components of this course will be managed through cuLearn. Please visit the cuLearn site at least once a week to receive the most current information pertaining to the scheduling of the course and required readings. Course objectives: International institutions have come to play an increasingly important role in global politics in the last century. Arguably the most prominent of these institutions is the United Nations (UN). Established in 1945 and in the immediate aftermath of the Second World War, the UN’s Charter set out the rights and obligations of Member States, and pledged to: “save succeeding generations from the scourges of war”; “reaffirm faith in fundamental human rights”; promote “respect for the obligations arising from treaties”; and “promote social progress and better ...
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...ATENEO de Manila LAW SCHOOL LAW ON SALES OUTLINE [1] Dean Cesar L. Villanueva First Semester, SY 2011-2012 Atty. Alexander C. Dy Atty. Ray Paolo J. Santiago I. The Nature of Sale A. Definition (Art. 1458) Sale is a contract whereby one of the contracting parties [the seller] obligates himself to transfer the ownership[2] and to deliver the possession, of a determinate thing, and the other party [the buyer] to pay therefor a price certain in money or its equivalent. xCruz v. Fernando, 477 SCRA 173 (2005).[3] 1. Elements of Sale Elements of sale: (a) consent or meeting of the minds; (b) determinate subject matter; and (c) price certain in money or its equivalent. xNavarra v. Planters Dev. Bank, 527 SCRA 562 (2007).[4] Sale being a consensual contract, its essential elements must be proven. xVillanueva v. CA, 267 SCRA 89 (1997). Absence of any essential elements negates a sale xDizon v. CA, 302 SCRA 288 (1999),[5] even when earnest money has been paid. xManila Metal Container Corp. v. PNB, 511 SCRA 444 (2006). But once all elements are proven, a sale’s validity is not affected by a previously executed fictitious deed of sale. xPeñalosa v. Santos, 363 SCRA 545 (2001); and the burden is on the other party to prove otherwise. xHeirs of Ernesto Biona v. CA, 362 SCRA 29 (2001). ...
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...Consti 1 Tañada v Tuvera, 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24, 1985 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473,...
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...Lyceum of the Philippines University - Batangas Graduate School | Employment Rights | Trends and Issues | | Ma Chere Gracita C. Reyes-Bilog | 04/25/2015 | Name: Ma Chere Gracita C. Reyes-Bilog C/Y/S: Masters in Business Administration S/T/R/D: MBA 518 / 1-4 PM / SHL 203 / Sat Professor: Dr. Leon R. Ramos, Jr. | Abstract Objectives: A. Cognitive: Identify the different rights of an employee. B. Affective: Develop a better understanding of the rights of the employee. C. Psychomotor: Apply the concepts to real-life situations and work conditions and be guided by the knowledge acquired in developing good corporate governance policies relating the rights of the employees. Definition of terms: Authorized Causes refers to the grounds of dismissal s to the grounds of dismissal that are allowed by law on grounds of business or organizational necessity (Atienza, 2004). Casual Employment refers employment which is neither regular, nor for a fixed period nor seasonal (Labor Code). It is one where an employee is engaged to perform a job, work or service which is merely incidental to the business of the employer, and such ob, work or service, is for a definite period made known to the employer at the time of the employment (Omnibus Rules Implementing the Labor Code). Constitution refers to the standard of validity for all acts, both public and private. It is a written instrument that serves as the fundamental or supreme law of the land (Carmelo...
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...The 882 4BH 1000 Best Songs Of All Time Countdown (2012) Website List Number 1000 999 998 997 996 995 994 993 992 991 990 989 988 987 986 985 984 983 982 981 980 979 978 977 976 975 974 973 972 971 970 969 968 967 966 Title Take A Letter Maria It's My Party I'll Never Fall In Love Again I Say A Little Prayer I Wanna Wake Up With You Nice To Be With You Pasadena If I Were A Carpenter Could You Ever Love Me Again Classic I Can Dream About You Different Drum It Never Rains In Southern California Moviestar Born To Try Rockin' Robin I Just Want To Be Your Everything Spirit In The Sky We Do It Drift Away Orinoco Flow She's Like The Wind Gimme Little Sign For Your Eyes Only Words Are Not Enough Perfect Bye Bye Love I've Never Been To Me Year Of The Cat If I Can't Have You Knock On Wood Don't Pull Your Love You've Got Your Troubles Romeo's Tune Blowin' In The Wind Artist RB Greaves Lesley Gore Bobbie Gentry Aretha Franklin Boris Gardiner Gallery John Paul Young Four Tops Gary & Dave Adrian Gurvitz Dan Hartman Stone Poneys/Linda Ronstadt Albert Hammond Harpo Delta Goodrem Henchmen Andy Gibb Norman Greenbaum R & J Stone Dobie Gray Enya Patrick Swayze Brenton Wood Sheena Easton Jon English Fairground Attraction Everly Brothers Charlene Al Stewart Yvonne Elliman Amii Stewart Hamilton, Joe Frank & Reynolds Fortunes Steve Forbert Peter Paul & Mary 965 964 963 962 961 960 959 958 957 956 955 954 953 952 951 950 949 948 947 946 945 944 943 942 941 940 939 938 937 936 935 934 933 932 931...
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...Negotiable Instruments Case Digest: Republic v. Ebrada (1975) G.R. No. L-40796 July 31, 1975 Lessons Applicable: Forgery (Negotiable Instruments Law) FACTS: * February 27, 1963: Mauricia T. Ebrada, encashed Back Pay Check dated January 15, 1963 for P1,246.08 at Republic Bank * check was issued by the Bureau of Treasury * Bureau advised Republic Bank that the indorsement on the reverse side of the check by the payee, "Martin Lorenzo" was a forgery because he died as of July 14, 1952 and requested a refund * July 11, 1966: Ebrada filed a Third-Party complaint against Adelaida Dominguez who, in turn, filed on September 14, 1966 a Fourth-Party complaint against Justina Tinio. * March 21, 1967: City Court of Manila favored Republic against Ebrada, for Third-Party plaintiff against Adelaida Dominguez, and for Fourth-Party plaintiff against Justina Tinio * CA: reversed Mauricia T. Ebrada claim against Adelaida Dominguez and Domiguez against Justina Tinio W/N: Ebrada should be held liable. HELD: YES. Affirmed in toto. * under Section 65 of the Negotiable Instruments Law: Every person negotiating an instrument by delivery or by qualified indorsement, warrants: (a) That the instrument is genuine and in all respects what it purports to be. (b) That she has good title to it. xxx xxx xxx Every indorser who indorses without qualification warrants to all subsequent holders in due course: (a) The matters and things mentioned in subdivisions...
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...LOVE, ROSIE R Also by Cecelia Ahern PS, I Love You LOVE, ROSIE R Cecelia Ahern new york Copyright © 2005 Cecelia Ahern All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without the written permission of the Publisher. For information address Hyperion, 77 West 66th Street, New York, New York 10023-6298. Hyperion books are available for special promotions and premiums. For details contact Michael Rentas, Manager, Inventory and Premium Sales, Hyperion, 77 West 66th Street, 11th floor, New York, New York 10023, or call 212-456-0133. ISBN: 1-4013-8302-5 First eBook Edition: February 2005 For Mimmie, the dearest of them all . . . LOVE, ROSIE R part 1 8 chapter 1 k To Alex You are invited to my 7th birthday party on Tuesday the 8th of April in my house. We are having a magician and you can come to my house at 2 o’clock. It is over at 5 o’clock. I hope you will come, From your best friend Rosie To Rosie Yes I will come to your brithday party on Wensday. Form Alex To Alex My birthday party is on Tuesday not Wednesday. You can’t bring sandy to the party because mum says so. She is a smelly dog. From Rosie To Rosie I do not care wot your stupid mum says sandy wants to come. Form Alex 4 Cecelia Ahern To Alex My mum is not stupid you are. You are not aloud to bring the dog. She will brust the baloons. From Rosie To Rosie Then I am not going. Form Alex To Alex ...
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...1. Companies Listed on KSE SYMBOL COMPANY 1 AABS AL-Abbas Sugur 2 AACIL Al-Abbas CementXR 3 AASM AL-Abid Silk 4 AASML Al-Asif Sugar 5 AATM Ali Asghar 6 ABL Allied Bank Limited 7 ABLTFC Allied Bank (TFC) 8 ABOT Abbott (Lab) 9 ABSON Abson Ind. 10 ACBL Askari Bank 11 ACBL-MAR ACBL-MAR 12 ACCM Accord Tex. 13 ACPL Attock Cement 14 ADAMS Adam SugarXD 15 ADMM Artistic Denim 16 ADOS Ados Pakistan 17 ADPP Adil Polyprop. 18 ADTM Adil Text. 19 AGIC Ask.Gen.Insurance 20 AGIL Agriautos Ind. 21 AGTL AL-Ghazi 22 AHL Arif Habib Limited 23 AHSL Arif Habib Sec. 24 AHSM Ahmed Spining 25 AHTM Ahmed Hassan 26 AIBL Asset Inv.Bank 27 AICL Adamjee Ins. 28 AJTM Al-Jadeed Tex 29 AKDCL AKD Capital Ltd 30 AKDITF AKD Index 31 AKGL AL-Khair Gadoon 32 ALFT Alif Tex. 33 ALICO American Life 34 ALNRS AL-Noor SugerXD 35 ALQT AL-Qadir Tex 36 ALTN Altern Energy 37 ALWIN Allwin Engin. 38 AMAT Amazai Tex. 39 AMFL Amin Fabrics 40 AMMF AL-Meezan Mutual 41 AMSL AL-Mal Sec. 42 AMZV AMZ Ventures 43 ANL Azgard Nine 44 ANLCPS Azg Con.P.8.95 Perc.XD 45 ANLNCPS AzgN.ConP.8.95 Perc.XD 46 ANLPS Azgard (Pref)XD 47 ANLTFC Azgard Nine(TFC) 48 ANNT Annoor Tex. 49 ANSS Ansari Sugar 50 APL Attock Petroleum 51 APOT Apollo Tex. 52 APXM Apex Fabrics 53 AQTM Al-Qaim Tex. 54 ARM Allied Rental Mod. 55 ARPAK Arpak Int. ...
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...KRAFT’S BUDGETING AND STRATEGY A case study Presented to CASE STUDY IN PRODUCTION AND OPERATION MANAGEMENT BUDGETING AND STRATEGY A KRAFT FOOD INTRODUCTION The company has its origin as National Dairy Products Corporation (National Dairy), formed on December 10, 1923, by Thomas H. McInnerney. The firm was initially set up to execute on a rollup strategy in the then fragmented United States ice cream industry. Through acquisitions it expanded into a full range of dairy products. By 1930 it was the largest dairy company in the United States and the world, exceeding Borden. McInnerney operated the Hydrox Corporation, an ice cream company located in Chicago, Illinois. In 1923 he went to Wall Street to convince investment bankers there to finance his scheme for consolidating the United States ice cream industry. He initially found "hard sledding" with one banker saying the dairy industry "lacked dignity." He persevered and convinced a consortium including Goldman Sachs and Lehman Brothers to finance a rollup strategy. As a result of his efforts, National Dairy Products Corporation was formed in 1923 in a merger of McInnerney's Hydrox with Rieck McJunkin Dairy Co of Pittsburgh, Pennsylvania. The resulting firm was then listed on the New York Stock Exchange with the offer of 125,000 shares having been The firm grew quickly through a large number of acquisitions. As it is typical...
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...ANG TEK LIAN, Petitioner, v. THE COURT OF APPEALS, Respondent. EN BANC [G.R. No. L-2516. September 25, 1950.] ANG TEK LIAN, Petitioner, v. THE COURT OF APPEALS, Respondent. Laurel, Sabido, Almario & Laurel, for Petitioner. Solicitor General Felix Bautista Angelo and Solicitor Manuel Tomacruz, for Respondent. SYLLABUS 1. CRIMINAL LAW; ESTAFA" ; ISSUING CHECK WITH INSUFFICIENT BANK DEPOSIT TO COVER THE SAME. — One who issues a check payable to cash to accomplish deceit and knows that at the time had no sufficient deposit with the bank to cover the amount of the check and without informing the payee of such circumstances, is guilty of estafa as provided by article 315, paragraph (d), subsection 2 of the Revised Penal Code. 2. NEGOTIABLE INSTRUMENTS; CHECK DRAWN PAYABLE TO THE ORDER OF "CASH" ; INDORSEMENT. — A check payable to the order of "cash to the person presenting it for payment without the drawer’s indorsement. D E C I S I O N BENGZON, J.: For having issued a rubber check, Ang Tek Lian was convicted of estafa in the Court of First Instance of Manila. The Court of Appeals affirmed the verdict. It appears that, knowing he had no funds therefor, Ang Tek Lian drew on Saturday, November 16, 1946, the check Exhibit A upon the China Banking Corporation for the sum of P4,000, payable to the order of "cash." He delivered it to Lee Hua Hong in exchange for money which the latter handed in the act. On November 18, 1946, the next business day, the...
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...REGENT UNIVERSITY COLLEGE OF ARTS & SCIENCES UNDERGRADUATE CATALOG 2013-2014 (Fall 2013-Summer 2014) Regent University 1000 Regent University Drive Virginia Beach, VA 23464-9800 800.373.5504 admissions@regent.edu www.regent.edu PREFACE Regional Accreditation Regent University is accredited by the Southern Association of Colleges and Schools Commission on Colleges to award associates, baccalaureate, masters, and doctorate degrees. Contact the Commission on Colleges at 1866 Southern Lane, Decatur, Georgia 30033-4097 or call 404-679-4500 for questions about the accreditation of Regent University. National and State Accreditation Regent University’s undergraduate school is accredited or certified by the following bodies: Council for Higher Education Accreditation (CHEA) (www.chea.org/) The Teacher Education Accreditation Council (TEAC) The Regent University School of Education's educational leadership and teacher preparation programs and the College of Arts & Sciences interdisciplinary studies program, which are designed to prepare competent, caring, and qualified professional educators are accredited by the Teacher Education Accreditation Council for a period of seven years, from January 9, 2009 to January 9, 2016. This accreditation certifies that the educational leadership, teacher preparation and interdisciplinary studies programs have provided evidence that they adhere to TEAC's quality principles. Teacher Educational Accreditation Council, One Dupont Circle, Suite...
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