...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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...Perspectives in History II (2003-2004, 2006) New Jersey City University, Jersey City, NJ Civilizations I (2003) Baruch College, New York, NY Senior Coordinator, Peer Tutoring Program, History Department (1996-1997) Themes in American History: The Frontier (2000) Touro College, New York, NY (Men's and Women's Divisions) U.S. History from 1865 (2001) Modern History I: Renaissance to 1815; Modern History II: 1815 to present (1994-1995) New York City Technical College, Brooklyn, NY U.S. History to 1877; U.S. History from 1865; State and Local Government (1995-1996) PROFESSIONAL AFFILIATIONS Board of Directors, New York Military Affairs Symposium (NYMAS) American Historical Association Western History Association PUBLICATIONS Books Attack at Dawn: Phil Sheridan's Winter Campaign, 1868-1869. In preparation for University of Oklahoma Press. The...
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...The Journalists' Right to Protect News Sources Jessica L. Graham JRN 410 Journalism Law Michael Angelo May 18, 2014 The Journalists' Right to Protect News Sources The Bill of Rights, written by James Madison, was established because the America people, from the beginning, demanded assurances that their inherent freedoms would be protected. Yet, the American people have consistently disputed the extent to which the First Amendment applies. Does the freedom to report the news also include the freedom to gather it and protect the source of their information? Laws will consistently attempt a compromise to initiate equilibrium but it is absurd to assume any law will give 100 percent protection. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” − The First Amendment to the United States Constitution (Bill of Rights Transcript Text, n.d.). The Society of Professional Journalists Code of Ethics states sources should be identified whenever possible and it is very important his or her motives are clarified before publication of the material. A journalist should also confirm and attribute the information of the source before relying on the information (Society of Professional Journalists, 1996-2010). Confidential sources should only be used as...
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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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...Prof Ed 12 Relevant Laws for Teachers . Submitted to: Professor Rodrigo Duque Submitted by: Abbie Irish M. Mendoza III-2 BECEd G.R. No. L-39275 December 20, 1933 THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellant, vs. RICARDO MENDOZA, Defendant-Appellee. In criminal case No. 4851 of the Court of First Instance of Pampanga, the provincial fiscal thereof filed an information against the herein appellee, which reads as follows: The undersigned provincial fiscal accuses Ricardo Mendoza of the crime of assault upon a person in authority committed as follows:chanrobles virtual law library That on or about September 30,1932, in the municipality of San Fernando, Province of Pampanga, Philippine Islands, the said accused, Ricardo Mendoza, being a pupil of the teacher Iluminada Tinio, did then and there willfully, unlawfully and criminally attack and lay hands upon her person, to wit: slapped said Iluminada Tinio on one of her cheeks, while she was engaged in the performance of her duties as such teacher and while she was within the premises of the high school building exercising the functions inherent in such capacity. Upon motion of the appellee, as accused in the aforesaid case, the trial court dismissed the information on the ground that the facts alleged therein did not constitute a crime but simply a misdemeanor or light felony. The present appeal was taken by the fiscal for the purpose of setting aside the order of dismissal in question...
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...assignment. Please complete all details clearly. Please check your Course Information Booklet or contact your School Office for assignment submission locations. ADDRESS DETAILS: Full name: | Raj Kamal | Address: | 4, Baroota Avenue | | Rostrevor, SA | Postcode:5073 | | If you are submitting the assignment on paper, please staple this sheet to the front of each assignment. If you are submitting the assignment online, please ensure this cover sheet is included at the start of your document. (This is preferable to a separate attachment.) Student ID | 1 | 1 | 0 | 0 | 7 | 4 | 4 | 1 | 7 | Email: kamry007@mymail.unisa.edu.au | Course code and title: Strategic Information Systems M (INFS 5058) | School: School of Computer and Information Science | Program Code: LMCB | Course Coordinator: Dr Don Falconer | Tutor: Dr Don Falconer | Assignment number: Two (2) | Due date: 08th Nov 2013, 10:00 PM | Assignment topic as stated in Course Information Booklet: Essay : Information and Communication Technology (ICT) on National Level | Further Information: (e.g. state if extension was granted and attach evidence of approval, Revised Submission Date) N.A. | I declare that the work contained in this assignment is my own, except where acknowledgement of sources is made. I authorise the University to test any work submitted by me, using text comparison software, for instances of plagiarism. I understand this will involve the University or its contractor...
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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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...Republic of the Philippines Supreme Court Manila FIRST DIVISION LYDIA C. GELIG, | | G.R. No. 173150 | Petitioner, | | | | | | | | Present: | | | | | | CORONA, C. J., Chairperson | - versus - | | VELASCO, JR., | | | LEONARDO-DE CASTRO, | | | DEL CASTILLO, and | | | PEREZ, JJ. | | | | PEOPLE OF THE PHILIPPINES, | | Promulgated: | Respondent. | | July 28, 2010 | x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x D E C I S I O N DEL CASTILLO, J.: An examination of the entire records of a case may be explored for the purpose of arriving at a correct conclusion, as an appeal in criminal cases throws the whole case open for review, it being the duty of the court to correct such error as may be found in the judgment appealed from.[1] Petitioner Lydia Gelig (Lydia) impugns the Decision[2] promulgated on January 10, 2006 by the Court of Appeals (CA) in CA-G.R. CR No. 27488 that vacated and set aside the Decision[3] of the Regional Trial Court (RTC), Cebu City, Branch 23, in Criminal Case No. CU-10314. The RTC Decision convicted Lydia for committing the complex crime of direct assault with unintentional abortion but the CA found her guilty only of the crime of slight physical injuries. Factual Antecedents On June 6, 1982, an Information[4] was filed charging Lydia with Direct...
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...LIBERTY UNIVERSITY BAPTIST THEOLOGICAL SEMINARY Contemporary Roman Catholicism Dr. Ebele Adioye THEO 510 (FALL 2015) Survey of Contemporary Theology by David Boston November 3, 2015 Table of Content I. Introduction: How do Evangelicals agree or disagree with contemporary Catholicism? II. This paper will explore the different motif within Contemporary Roman Catholicism while examining the differences between Evangelicals and Contemporary Roman Catholics. A. Origin of the Roman Catholic Church. 1. Different views of Church History. 2. Apostolic Succession. 3. Veneration of the Saint/ Virgin Mary. B. Mass/ Sacraments/ Eucharist/ Purgatory. III. Protestant Reformation. A. Council of Trent. 1. Vatican Counsel II. 2. Biblical Canonization/ Apocrypha B. Evangelical Attitude toward Contemporary Roman Catholicism? 1. Areas of Agreement. 2. Area of Disagreement. 3 Different views of Church of Authority. 4. Different view on Salvation on justification. IV. Conclusion: Evangelicals persist that some of the Contemporary Roman Catholic teachings can be misleading, in spite of this salvation to the believer can still be achieved. Introduction ...
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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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...OC College of Business Administration MGMT 5603.93: Ethics, Decision Making, and Communications Fall 2015, Term 2 Online _______________________________________________________________________________________ Professor: Dr. Phil Lewis, Professor of Management Phone (Work): (405) 425-5561 or 425-5560; (Home): (405) 475-7070 Email: phil.lewis@oc.edu Virtual Office Hours: Email responses normally within 24 hours. Mission of Oklahoma Christian University Oklahoma Christian University is a higher learning community that transforms lives for Christian faith, scholarship, and service. MISSION OF THE OC SCHOOL OF BUSINESS ADMINISTRATION Within a framework of excellence in contemporary business education, the School of Business Administration will build a community of lifelong relationships upon a foundation of enduring Christian values. CONTRIBUTION OF COURSE TO CHRISTIAN SERVICE AND LEADERSHIP For I have walked in my integrity … I will walk in my integrity … Joyful are people of integrity, who follow the instructions of the Lord. Psalm 26:1, 26:11, 119:1 (NKJV). THE OC COVENANT The Covenant for Oklahoma Christian University is posted under Course Information. REQUIRED TEXT Phillip V. Lewis, Ethics in the World of Business, Kendall-Hunt Publishing Co., 2014 (ISBN: 978-1-4652-3979-2). COURSE DESCRIPTION This course examines the basic ethical issues involved in the conduct of business from a biblical perspective. Critical thinking of organizations as...
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...ESTABLISHING THE ROLE OF THE PHILIPPINE AUTOMOTIVE INDUSTRY IN THE EAST ASIAN PRODUCTION NETWORK: IDENTIFYING INDUSTRIAL ADJUSTMENT POLICIES THAT WILL FURTHER ENHANCE PARTICIPATION IN THE NETWORK AND RESPONDING TO THE CHALLENGES POSED BY CHINA’S EMERGING AUTOMOTIVE INDUSTRY1 Roberto B. Raymundo I. INTRODUCTION A. Integrating the Local Automotive Sector within the International Production Network One of the major industries that had successfully adopted both the regional as well as the global approach towards locating its production facilities and exploiting locational advantages is the automotive industry which has been predominantly driven by multinational corporations (MNCs) originating from the United States, Japan and Germany. The expansion of the production activities of these MNCs, particularly those originating from Japan, into the economies of East Asia over the past two decades have been primarily responsible for the creation of international production networks which continue to influence the extent of industrial development in the region. The international production networks in the automotive sector have made substantial contributions to East Asian economies in the form of foreign direct investments (FDI) to the host countries, creating new jobs and increasing production, establishing linkages by integrating local firms into their supply network and raising the level ...
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...BRANDING STRATEGY IN BANKING SECTOR IN INDIA A REVISED SYNOPSIS SUBMITTED FOR Ph.D. IN MANAGEMENT Table of Contents 1. TITLE OF THE THESIS 3 2. INTRODUCTION 3 3. A BRIEF REVIEW OF THE WORK ALREADY DONE IN THE FIELD 4 Branding 4 Branding Strategies 4 Branding strategies in banking sector 5 4. NOTEWORTHY CONTRIBUTIONS IN THE FIELD OF PROPOSED WORK 6 Rationale of the research 6 Objectives of the study 7 5. PROPOSED RESEARCH METHODOLOGY 7 Research Design 7 Sampling Frame 8 Sample size 8 Sampling technique 8 Data collection 8 Data analysis techniques 8 6. EXPECTED OUTCOME 8 7. BIBLIOGRAPHY 9 8. LIST OF PUBLISHED PAPER 10 1. TITLE OF THE THESIS BRANDING STRATEGY IN BANKING SECTOR IN INDIA 2. INTRODUCTION Brands have been considered as the second most important assets for a firm after customers (Ambler, 2000 Doyle, 2001 Jones, 2005). Due to rapid changes in global banking sector and increased competition experienced between banks, ‘Brand Management’ has become more important. Good brand management brings about clear differentiation between products and services, ensures customer loyalty and preferences and may lead to a grater market share which ultimately increased Brand Equity. Brand Equity is the final desire or value added, which is created by product using brand. Brand equity is like a property for the company, which can enhance cash flow of business (Simon and Sullivan, 1993). It can support cost of resources in order to enhance market share...
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...their misconceptions. These standards of conduct are highly essential and therefore strict adherence is recommended. These ethics drive the practitioners to instill self-discipline, professional attitude and sense of responsibility among 1 themselves as they are guided on how to deal with day-to-day situations involving ethical dilemmas. Here in the Philippines, there have been a lot of reported cases of libel suits. No matter how hard practitioners of mass communication try to keep up with moral responsibilities, others could not fight the urge to defy the odds. There are instances wherein some reporters and journalists abuse the privilege given to them through irresponsible reporting and writing. Thus, under Act No. 3815 or the Revised Penal Code, the offenders shall be subject to...
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...G.R. No. 100113 September 3, 1991 RENATO CAYETANO, petitioner, vs. CHRISTIAN MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our national existence. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (Emphasis supplied) The aforequoted provision is patterned after Section l(l), Article XII-C of the 1973 Constitution which similarly provides: There shall be an independent Commission on Elections composed of a Chairman and eight Commissioners who shall be natural-born citizens of the Philippines and, at the time of their...
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