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Ruling: If the weight of the cargo is in issue, the provision of the Tariff and Customs Code properly applicable is Sec. The Court held that the accused should always be apprised of his Miranda rights from the moment he is arrested by the authorities as this is deemed the start of custodial investigation. However, he was informed that Cabana had already sold the subject property to the spouses Legaspi, so he was only able to register the land in his name on February 9, Lex prospicit, non respicit The law looks forward, not backward. This biography of a living person needs additional citations for verification. Palmer was born in Peterborough to Jamaican parents. Petitioner Basilia Bough is the cousin of the defendant and was married to Gustavus Bough. This allows understanding of the market and benefits from any lucrative opportunities that are available.

The complaint against the students was later dropped. Neither may they enrol in several classes and schools and take up numerous subjects all at once to make up for the years they missed in school, due to non-payment of the funds when needed. Upon the evidence adduced at the trial the judge also found the accused guilty of the crime of seduction and sentenced him to three months of arresto mayor, "with the accessory penalties thereof, to indemnify the girl, Maria Sempia, in the sum of P, to recogniz e the offspring, to allow her for the subsistence of said child the sum of P15 per month, and to pay the costs. Wikimedia Commons. Taxes are the lifeblood of the Government and their prompt and certain availability are imperious need. By Murshid Moctar. Vigilantibus et non dormientibus jura subveniunt. The law looks forward, not backward. In this case, the fact that the twin case for other lot Lot B was still under litigation when the order was issued and the respective claims of the parties thereto yet to be settled by the trial court would not affect the final nature of the subject order, because a decree, is nonetheless final although some independent branch of the case is reserved for future consideration.

Our clients use insights provided by us to maneuver themselves through market uncertainties and interferences. The Independent. L, March 30, Facts: The BIR filed on July 29, a motion for allowance of claim and for payment of taxes representing the estate's tax deficiencies in to in the intestate proceedings of Luis Tongoy. Maxim lived near Keith Flint , a fan of Liam Howlett. Knowledge gained by the first buyer of the second sale cannot defeat the first buyer's rights except only as provided by the Civil Code and that is where the second buyer first registers in good faith the second sale ahead of the first. Petitioner is reminded that to the plain words of a legal provision we should make no further ex planation. In the case at bar, the acquittal of the petitioner operates as a supervening event that mooted the present Petition. PD No.

She died in 2 September leaving two children, the appellee Albert Starkey and the appellant DeLong, as her sole and only heirs at law. Pondevida wrote petitioner Augustus Caezar R. If he has not paid the required thirty-six 36 monthly contributions, his primary or secondary beneficiaries shall be entitled to a lump sum benefit equivalent to the monthly pension times the number of monthly contributions paid to the SSS or twelve 12 times the monthly pension, whichever is higher. Running From Me. Hurricane Josh Partington. Galapon and seven other private respondents, all members of the Iglesia ni Cristo INC , against petitioner in connection with the above broadcast. Section 4 of the Code of Agrarian Reforms declared agricultural share tenancy throughout the country as contrary to public policy and automatically converted it to agricultural leasehold. When there are factual and evidentiary evidence to prove that the building and the lot on which it stands are owned by different persons, they shall be treated separately. Maxim on tour in Washington, D.

The legislative intent not to punish anymore the tenant's act of pre- reaping and pre-threshing without notice to the landlord is inferable from the fact that the Code of Agrarian Reforms did not reenact section 39 of the Agricultural Tenancy Law and that it abolished share tenancy which is the basis for penalizing clandestine pre-reaping and pre- threshing. After the incident, the accused was taken back to the precinct where his statement was taken on May 14, In addition, in October , Editha also filed an application for death benefits with the SSS stating that she was the legal wife of the deceased. The supreme court en banc, by a majority vote, struck down the subject 16 Cityhood Laws for violating Section 10, Article X of the Constitution and the equal protection clause. DeLong contends that said deed is defective in its description of the land involved that it conveys nothing and that upon the death of her mother she inherited an undivided one-half thereof. It is often utilized by law enforcers for the purpose of trapping and capturing lawbreakers in the execution of their nefarious activities. By agreement of the parties, the assessed value of the said properties is: a Haciendas de Santa Mesa y Diliman for P3,, There is no statutory definition of the terms "lottery" and "gift enterprise". It's Been a Summer. Words ought to be more subservient to the intent than intent to the words.

On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, This plain meaning rule or verba legis, derived from the maxim index animi sermo est speech is the index of intention , rests on the valid presumption that the words employed by the legislature in a statute correctly express its intent by the use of such words as are found in the statute. To safeguard such interest, neglect or omission of government officials entrusted with the collection of taxes should not be allowed to bring harm or detriment to the people, in the same manner as private persons may be made to suffer individually on account of his own negligence, the presumption being that they take good care of their personal affairs. Reyes, with whom Justices Sabino Padilla and Alex Reyes concurred, dissented, arguing that it was the school authorities who should be held liable under this rule, he said, was imposed on 1 teachers in general; and 2 heads of schools of arts and trades in particular. Breathe Greenwheel. But the petitioner herein continued serving his sentence, which was not affected by the marriage of his coaccused and the offended party. Remember me on this computer. Optimus interpres rerum usus The best interpreter of the law is usage. The correction of entry belatedly sought by the Spouses Garcia is indicative of its intention to put the property beyond the reach of the judgment creditor. It does not determine or resolve the ownership of the land covered by the lost or destroyed title.

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Romantic Evening Sex All Themes. Verba legis non est recedendum, or from the words of a statute there should be no departure No grave abuse of discretion on the part of the COMELEC in issuing the Resolution dated January 22, was committed. Issue: Whether the appeal of the petitioner against the immediate release of support will be honoured by the court. It is evident in this case that when the police invited the accused- appellant to the station, he was already considered as the suspect in the case. The MarketWatch News Department was not involved in the creation of this content. The minimum requirements of due process are notice and hearing which, generally speaking, may not be dispensed with because they are intended as a safeguard against official arbitrariness. Pondevida wrote petitioner Augustus Caezar R. American Hi-Fi.

Lucero and not on the basis of the latest reversal and abandonment in People vs. Respondent, as an exempt entity, can neither be directly charged for the VAT on its sales nor indirectly made to bear, as added cost to such sales, the equivalent VAT on its purchases. There is a detailed analysis of the change in customer requirements, customer preferences, and the vendor landscape of the overall market. The SSS also found that the 20 March marriage between petitioner and the deceased was null and void because of a prior subsisting marriage contracted on 29 October between the deceased and Editha, as confirmed with the Local Civil Registry of Cebu City. The protection of the general welfare is the particular function of the police power which both restraints and is restrained by due process. Features Interviews Lists. There is no other logical explanation for the amendments except to qualify the relationship of the civil and criminal actions, that the civil action must precede the criminal action. Surprisingly, there is not even one evidence to show when and how its predecessor in interest, United Services Country Club, Inc.

The 16 Cityhood Laws are constitutional. Maxim on tour in Washington, D. Took his oath of office on November 25th same year. And after the enforcement of the last-named code it should be construed in a similar manner, because the rule of its article is not absolute. It shall, moreover, enjoy all privileges, benefits, advantages or exemptions under both Republic Act Nos. Thus, once a case has been decided one way, courts have no choice but to resolve subsequent cases involving the same issue in the same manner. The arrest was not conducted immediately after the consummation of the crime; rather, it was done a day after. Ex necessitate legis. Electronic Punks. Stacy Jones.

Presidential Decree No. Aggressive Bittersweet Druggy. Nonetheless, such contractor is liable for payment of the fine prescribed therein. Such, and no other, is for the courts the status of the established law in this matter, be whatever it may, in abstract law, the legality of the legislative act concerned, for there is no question pending before us with respect to its constitutionality. She claimed that Republic Act R. Respondent Michael M. Invisible Man. DeLong contends that said deed is defective in its description of the land involved that it conveys nothing and that upon the death of her mother she inherited an undivided one-half thereof. L, March 30, Facts: The BIR filed on July 29, a motion for allowance of claim and for payment of taxes representing the estate's tax deficiencies in to in the intestate proceedings of Luis Tongoy.

The protection of the general welfare is the particular function of the police power which both restraints and is restrained by due process. What was done by respondent Judge is not in conformity with the dictates of the Constitution. She Is Beautiful. Cleofe S. Thus, petitioner contends that Resolution No. It shall, moreover, enjoy all privileges, benefits, advantages or exemptions under both Republic Act Nos. The two poseur-buyers approached Allen who was said to be in the act of selling shabu. In the new law, or Section 54 of the Revised Election Code, justices of the peace were just called "judges. Thus, a buy-bust team was organized. Ruling: Yes!

Sign Up Log In. This biography of a living person needs additional citations for verification. If not rebutted, it suffices to sustain a conviction. Respondent prayed that the trial court erred in assuming jurisdiction over the person, despite the irregularity of the substituted service of summons by the court Process Server and in awarding of damages to petitioner. It alleged that it had presented on June 14, a claim for payment of the sum with the Auditor General, but that since the latter had failed to decide the claim within two 2 months from date of its presentation which should have been by August 13, , it had acquired the right under Act No. Subsequently Nicola Lachica married the victim, Magdalena de Ocampo, and was accordingly relieved from the criminal prosecution by virtue of section 2, Act No. However, the said land was not repurchased. He, however, claimed to be entitled to exoneration because, although he had no license or permit, he had an appointment as Secret Agent from the Provincial Governor of Batangas and an appointment as Confidential Agent from the PC Provincial Commander, and the said appointments expressly carried with them the authority to possess and carry the firearm in question. On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, Digested Case Stat Con.

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The words "by means of deceit and promise of marriage: used in the complaint in question cannot have the effect of varying the qualification of the crime charged, inasmuch as in the complaint it was expressly stated that the carnal knowledge was had between Julian Santiago, roman apostolic priest, and the girl Eufrasia Siasat, a virgin 16 years old, and much less can those words have the effect of accusing the same Julian Santiago of the crime of simple seduction, that is, of two crimes punished with different penalties. On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, On 6 July , petitioner filed a claim for death benefits with the public respondent SSS. Ruling: OCT No. Socorro agreed to give them that but would they drop her at her gas station in Kamagong St. Hence, petitioner was constrained to file a petition before the CTA. NHA, in its petition in G. Tabula Rasa. He argued that since Francheska' s certificate of birth indicated her father as "UNKNOWN," there was no legal or factual basis for the claim of support. Ea Sports NHL

Although, in general, the statutory requirement of substituted service must be followed strictly, faithfully and fully and that any substituted service other than that authorized by Rules is considered ineffective. Spotting emerging trends - The report help clients to spot upcoming hot market trends. Ubi lex non distinguit, nec nos distinguere debemus. Notably, the checks, subject of the criminal cases before the MTC, were issued in consideration of the construction agreement. This plain meaning rule or verba legis, derived from the maxim index animi sermo est speech is the index of intention , rests on the valid presumption that the words employed by the legislature in a statute correctly express its intent by the use of such words as are found in the statute. The conclusive presumption, for example, bars the admission of contrary evidence as long as such presumption is based on human experience or there is a rational connection between the fact proved and the fact ultimately presumed therefrom. Lex de futuro, judex de praterito The law provides for the future, the judge for the past. PO1 Simon also pointed to the barangay officials the marked money, two pieces of P bill, thrown by the appellant on the ground.

Coyne [] U. Other than powers expressly conferred by law on them, administrative agencies may lawfully exercise powers that can be reasonably inferred in the wordings of the enabling law. Digested Case Stat Con. The petition with respect to declaration of unconstitutionality of EO A cannot be, likewise, sustained. Section 4 of the Code of Agrarian Reforms declared agricultural share tenancy throughout the country as contrary to public policy and automatically converted it to agricultural leasehold. Such failure to secure an authorization must still be accompanied by other operative acts, such as the bearing, carrying or transporting of firearms in public places during the election period. Afterwards, the appellant handed a sachet of shabu to one of the poseur-buyers and the latter gave the marked money to the appellant. Court of Appeals "it is essential that the buyer of realty must act in good faith in registering his deed of sale to merit the protection of the second paragraph of Article

Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. However the petitioner claims that the ranking of the Sanggunian members should not only be based on the number of votes obtained in relation to the total number of registered voters, but also on the number of voters in the district who actually voted therein. It is merely a scheme set up to promote the sale of tickets for the Grand Christmas Sweepstakes Draw held on December 15, Verily, the services and the corresponding compensation of these teachers are necessary and indispensable to the establishment and maintenance of extension classes. Retrieved 12 November Subsequently Nicola Lachica married the victim, Magdalena de Ocampo, and was accordingly relieved from the criminal prosecution by virtue of section 2, Act No. Issue: 1 Whether the Miranda rights of the accused-appellant were violated. By reason of the clear legislative intent to exempt the municipalities covered by the conversion bills pending during the 11th Congress, the House of Representatives adopted Joint Resolution No.

Served with summons, Villasi filed an answer specifically denying the material allegations of the complaint. Presidential Decree No. Despite rumors to the contrary, the band did not break up, though Maxim explored a solo career. What if I'm in my 40s and don't have a retirement fund? His motion, however, was denied by the trial court. To forestall the sale on execution, the Spouses Garcia filed an Affidavit of Third Party Claim and a Motion to Set Aside Notice of Sale on Execution, claiming that they are the lawful owners of the property which was erroneously levied upon by the sheriff. No One Knows. Afterwards, the appellant handed a sachet of shabu to one of the poseur-buyers and the latter gave the marked money to the appellant. Lucero and not on the basis of the latest reversal and abandonment in People vs.

New Found Glory. The petitioner therefore concludes that Congress has been in continuous session without interruption since January Indeed, on second look, we note that what is involved here is a dispute between and among members of a family corporation, the Fortune Wealth Mansion Corporation. Issue: WON the Sandiganbayan acted with grave abuse of discretion amounting to lack or excess of jurisdiction in imposing suspension pendent lite on the petitioner and his co-accused? His father's buttocks were moving up and down, and Rowel could hear Rowena crying. If it does, it is interlocutory; if it does not, it is final. The validity of OCT No. Evidently, in the repealing clause of the Code, it expressly repealed only Section 3 of RA Coyne [] U.

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The SSS also found that the 20 March marriage between petitioner and the deceased was null and void because of a prior subsisting marriage contracted on 29 October between the deceased and Editha, as confirmed with the Local Civil Registry of Cebu City. Moreover: The Torrens Certificate of Title of respondent, covering subject lot cannot be collaterally attacked and nullified in this case at bar. Ruling: No, the word "penalties" found in Sec. Mere surplusage will not vitiate an indictment which contains sufficient matter to charge a crime. First, a general grant of power is a grant of every particular and specific power necessary for the exercise of such general power. He prayed his name to be stricken off the records as having received the copy of summons. So logically, the adjournment of one of its Houses is considered adjournment of the Congress as a whole. In fact, its effectivity clause indicates a clear legislative intent to the contrary, Section

The protection of the general welfare is the particular function of the police power which both restraints and is restrained by due process. Knowledge gained by the first buyer of the second sale cannot defeat the first buyer's rights except only as provided by the Civil Code and that is where the second buyer first registers in good faith the second sale ahead of the first. Optimus interpres rerum usus The best interpreter of the law is usage. Petitioners and respondent filed separate motions for reconsideration, each assailing a different aspect of the decision. Pineda, 21 SCRA Ruling: No. It is our understanding that the intention of the founder was not to restrict the grant of the usufruct of the fifth of the revenue by limiting it to a certain number of generations of the younger children, but that he intended to extend it to all of the descendants of the latter. As the Court held in Carbonell vs. Ruling: For failure of the prosecution to prove the aggravating circumstance of evident premeditation and by virtue of the command of the Constitution, the judgment of the court a quo is accordingly MODIFIED. Petitioner moved to dismiss on the ground that the complaint failed to state a cause of action.

The word OR in C. He prayed his name to be stricken off the records as having received the copy of summons. Seguan deposited the two checks with her bank. De Leon v. Said words can be considered as a redundancy in the complaint, or in other words as mere surplusage, for the reason, as has been stated in speaking of the crime of qualified seduction, that the law does not require that there should be deceit on the part of the agent in order that he may be punished as guilty of the said crime. Marcelo Realty Corporation, petitioner and the surviving heirs of Hermogenes. PO1 Pajo saw the poseur-buyers and appellant talking to each other. Jerry Cantrell. No results found.

On October 4, , an administrative claim for refund of VAT input taxes in the amount of Php 28,, Need an account? In her Birth Certificate Leonardo was her surname. Track Listing - Disc 1. By Ecca Ignacio. The fact of co-ownership negates any intention to gain, as they cannot steal properties which they claim to own. During the arraignment, petitioner and his co-accused pleaded not guilty to the offense charged. No results found.

Respondent tried to avoid the service of summons, prompting the court to declare that sheriff must be resourceful, but sheriffs cannot be faulted of the respondent themselves engage in deception to thwart the orderly administration of justice. When the police arrived at the supposed hide-out, a shooting incident ensued, resulting to the death of some of the suspects. The coverage of the Ordinance does ot come under any of the specific exceptions listed in Section 2 of the Local Autonomy Act. And they make sure the sex appeal carries into other aspects of the album; just plop the disc into your PC and you'll be treated to a slide show of Brech that offers pictures of her straddling a guitar in all sorts of naughty poses. Josh Partington. Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. On the other hand, petitioner attached in his Rejoinder, the Affidavit prepared by respondent dated December 23, , where declared he was a resident of No. Nullum tempus occurit regi There can be no legal right as against the authority that makes the law on which the right depends.

The same incident supposedly happened in January and the "stolen" boxes allegedly reached 34, the contents of which were valued at P10, , Denmark beauty Berit Bech is gorgeous, a stunning blonde that holds a guitar with an erotic appeal typical of Maxim's usual cover girls. Dante was found guilty of double homicide with reckless imprudence. Rights are but weapons on the wall if, like expensive tapestry, all they do is embellish and impress. Beautiful Disaster. Section 2 of the Local Autonomy Act enlarged the sphere of autonomy granted to chartered cities in terms of enactment of taxing measures. Ruling Case Law, volume 14, par. Proper notice and hearing are cardinal components of due process in any democratic institution, agency or society.

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It alleged that it had presented on June 14, a claim for payment of the sum with the Auditor General, but that since the latter had failed to decide the claim within two 2 months from date of its presentation which should have been by August 13, , it had acquired the right under Act No. But, of the 30, cases, only 10, were actually delivered to the commissary department of the United States Army, and the remaining 19, cases, which contained , gallons of refined petroleum, equivalent to , Alonso nor his son Francisco M. Socorro complied. The legislature is presumed to know the meaning of the words, to have used words advisely, and to have expressed its intent by the use of such words as are found in the statute. Release Date September 24, This is not to say that notice and hearing are imperative in every case for, to be sure, there are a number of admitted exceptions. Topacio, supra, referring to lottery, said A perfect judicial solution cannot be forged from an imperfect law, which impasse should now be the concern of and is accordingly addressed to Congress. The said order is a final and appealable order.

The plan, however, did not materialize, thus, the occupants offered to purchase the portions they occupied. Ruling:: No. Neither may they enrol in several classes and schools and take up numerous subjects all at once to make up for the years they missed in school, due to non-payment of the funds when needed. Something Corporate. What if I'm in my 40s and don't have a retirement fund? An ordinary citizen may not be able to distinguish between a real gun and an airsoft gun. Nullum crimen sine poena, nulla poena sine lege There is no crime without a penalty, and there is no penalty without a law. Queens of the Stone Age.

Interpretatio talis inambiguis semper fienda est, ut evitetur inconveniens et absurdum. This is now the governing penal law at the time of this review of the case at bar. Such interpretation is to be adopted so that the law may continue to have efficacy rather than fail. It is without a doubt that the facility was used for the benefit of the community. L, January 14, Facts: This defendant was accused before the court of the justice of the peace of Bulacan, Province of Bulacan, of the crime of seduction, and, having been found guilty, he was sentenced to three months of arresto mayor, to pay an "indemnity of P1, to the offended party, to acknowledge the offspring, to make an allowance of P15 monthly for subsistence until the child becomes of age, and to pay the costs of the proceedings. By ainee joy villares. No prior application for the effective zero rating of its transactions is necessary. Thus, once a case has been decided one way, courts have no choice but to resolve subsequent cases involving the same issue in the same manner. VII Sec. During the arraignment, petitioner and his co-accused pleaded not guilty to the offense charged.

Nullus commodum potest de injuria propiasua - no one should be allowed to take advantage of his own wrong. He cannot again revive the same action by re-filing it 11 years later. The case was docketed as I. It should be so, because it cannot be doubted that sweepstakes tickets purchasers are induced to buy said tickets because of the desire to win any of the substantial prizes offered by the PCSO. Nova constitutio futuris formam imponere debet, non praeteritis. Subsequently, they were able to register the sale on May 13, under Primary Entry No. But, of the 30, cases, only 10, were actually delivered to the commissary department of the United States Army, and the remaining 19, cases, which contained , gallons of refined petroleum, equivalent to , Where the law does not distinguish, we ought not to distinguish. It shall, moreover, enjoy all privileges, benefits, advantages or exemptions under both Republic Act Nos.

However, the Miranda rights may be waived, provided that the waiver is voluntary, express, in writing and made in the presence of counsel. Pursuant thereto, they are free to choose and enjoy their recreational activities. Respondent prayed that the trial court erred in assuming jurisdiction over the person, despite the irregularity of the substituted service of summons by the court Process Server and in awarding of damages to petitioner. The Court stressed that Congress clearly intended that the local government units covered by the Cityhood Laws be exempted from the coverage of RA , which imposes a higher income requirement of PhP million for the creation of cities. Hoc quidem per quam durum est sed ita lex scripta est. However, the said land was not repurchased. This Court, in the case of "El Debate" Inc. In his Servers Return, he stated that the occupant in that house refused to give his identity and that respondent is unknown at said residence. Sec 8 of the constitution. It can be readily seen that the reduction of the penalty is not and was not made dependent on a law, decree, condition, or period before the aforementioned Section 19 can be applied by the courts.

Beyond this, it is likewise well-settled that the law does not require that the impossible be done. Ruling: The grant of powers to the MTRCB under Section 3 of PD does not categorically express the power to suspend a television program or a host thereof that violates the standards of supervision, regulation and classification of television programs provided under the law. He poked a gun at her and Isabelo, who earlier told her that Enrique is his nephew announced, "ma'm, you know, I want to get money from you. Ruling: Yes, the defendant company is liable to pay the obligation. Hence, petitioner was constrained to file a petition before the CTA. The legislature is presumed to know the meaning of the words, to have used words advisely, and to have expressed its intent by the use of such words as are found in the statute. The word OR in C. Ruling: No, the school cannot be held liable.

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The testimony was also clear as to the manner in which the buy-bust operation was conducted. Served with summons, Villasi filed an answer specifically denying the material allegations of the complaint. Nova constitutio futuris formam imponere debet non praeteritis A new statute should affect the future, not the past. It is evident in this case that when the police invited the accused- appellant to the station, he was already considered as the suspect in the case. Issue: WON the Sandiganbayan acted with grave abuse of discretion amounting to lack or excess of jurisdiction in imposing suspension pendent lite on the petitioner and his co-accused? Petitioner Basilia Bough is the cousin of the defendant and was married to Gustavus Bough. Ejusdem generis - states that where a general word or phrase follows an enumeration of particular and specific words of the same class, the general word or phrase is to be construed to include or to be restricted to things akin to or resembling, or of the same kind or class as, those specifically mentioned. Nullus commodum potest de injuria propiasua - no one should be allowed to take advantage of his own wrong. Exceptio firmat regulam in casibus non exceptis. That same day, the defendant company presented to the Bureau of Customs of this city an affidavit setting forth that the said 30, cases of refined petroleum had been sold by the former to the commissary department of the United States Army in Manila, and that the said company retained no interest therein.

Stare decisis et non quieta movere. There is no other logical explanation for the amendments except to qualify the relationship of the civil and criminal actions, that the civil action must precede the criminal action. Nullus commodum potest de injuria propiasua - no one should be allowed to take advantage of his own wrong. No One Knows. Faced with the Notices of Suspension, the Province of Cebu filed a petition for declaratory relief with the trial court to which a decision declaring the questioned expenses as authorized expenditures was rendered. The prohibition against pre-reaping or pre-threshing found in section 39 of the Agricultural Tenancy Law of is premised on the existence of the rice share tenancy system. Features Interviews Lists. Download Free PDF. Laws are created to achieve a goal intended and to guide and prevent against an evil or mischief.

Blues Classical Country. With the effectivity of the Local Government Code of , the petitioners contend that RA was repealed. In Vaca v. In such a case, the Court has no recourse but to merely apply the law. Nullus commodum potest de injuria propiasua - no one should be allowed to take advantage of his own wrong. Conversely, if there is no right, there is no remedy as every remedial right is based on a substantive right. MAPA vs. Issue: Whether or not the the act of bringing in and landing constitute a continuous offense with concealing and harboring.

There is no other logical explanation for the amendments except to qualify the relationship of the civil and criminal actions, that the civil action must precede the criminal action. Conversely, if there is no right, there is no remedy as every remedial right is based on a substantive right. There is a detailed analysis of the change in customer requirements, customer preferences, and the vendor landscape of the overall market. Subsequently Nicola Lachica married the victim, Magdalena de Ocampo, and was accordingly relieved from the criminal prosecution by virtue of section 2, Act No. Any contractor who, for a price, commission, fee or wage, submits or attempts to submit a bid to construct, or contracts to or undertakes to construct, or assumes charge in a supervisory capacity of a construction work within the purview of this Act, without first securing a license to engage in the business of contracting in this country; or who shall present or file the license certificate of another, give false evidence of any kind to the Board, or any member thereof in obtaining a certificate or license, impersonate another, or use an expired or revoked certificate or license, shall be deemed guilty of misdemeanor, and shall, upon conviction, be sentenced to pay a fine of not less than five hundred pesos but not more than five thousand pesos. Issue: Whether a justice of peace included in the prohibition of Section 54 of the Revised Election Code? Baldimo is hereby sentenced to suffer the penalty of reclusion perpetua and to indemnify the heirs of the victim in the amount of P50, Jerry Cantrell. On January 13, , Restituto Ynot transported six carabaos in a pump boat from Masbate to Iloilo when the same was confiscated by the police station commander of Barotac Nuevo, Iloilo for the violation of E. A perfect judicial solution cannot be forged from an imperfect law, which impasse should now be the concern of and is accordingly addressed to Congress.

The passport of a person sought for a criminal offense may be cancelled without hearing, to compel his return to the country he has fled. This is the general rule. However, he was informed that Cabana had already sold the subject property to the spouses Legaspi, so he was only able to register the land in his name on February 9, Applying that principle, the Court found out that the enumeration refers to areas reserved for the common welfare of the community. She died in 2 September leaving two children, the appellee Albert Starkey and the appellant DeLong, as her sole and only heirs at law. On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, Stacy Jones. Upon demand, petitioner promised to pay Seguan the amounts of the two dishonored checks, but she never did. The arrest of the accused in this c a s e d i d n o t fall in any of these exceptions.

Applying the foregoing test to the present case, the Court finds no violation of the right to equal protection of the laws. To forestall the sale on execution, the Spouses Garcia filed an Affidavit of Third Party Claim and a Motion to Set Aside Notice of Sale on Execution, claiming that they are the lawful owners of the property which was erroneously levied upon by the sheriff. Issue: Is the respondent entitled to the refund or issuance of Tax Credit Certificate? As held in the Adillo case, the act of pre-reaping and pre-threshing without notice to the landlord, which is an offense under the Agricultural Tenancy Law, had ceased to be an offense under the subsequent law, the Code of Agrarian Reforms. Maxim's second solo album, Fallen Angel , was released in [12] and spawned one single, "I Don't Care," which failed to chart. The plan, however, did not materialize, thus, the occupants offered to purchase the portions they occupied. As such, the building or the lot, as the case may be, can be made liable to answer for the obligation of its respective owner. However, he was informed that Cabana had already sold the subject property to the spouses Legaspi, so he was only able to register the land in his name on February 9, If, absent such word, a successful claim for input VAT is made, the government would be refunding money it did not collect.

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Maxim compilation

The respondents actively attempt to frustrate the proper service of summons by refusing to give their identity, rebuffing requests to sign for or receive documents or eluding the officers of court. PD No. Of the five accused, only accused-appellant Isidoro Q. Rights are but weapons on the wall if, like expensive tapestry, all they do is embellish and impress. The Court held that the accused should always be apprised of his Miranda rights from the moment he is arrested by the authorities as this is deemed the start of custodial investigation. Ruling: The grant of powers to the MTRCB under Section 3 of PD does not categorically express the power to suspend a television program or a host thereof that violates the standards of supervision, regulation and classification of television programs provided under the law. The testimony was also clear as to the manner in which the buy-bust operation was conducted. He poked a gun at her and Isabelo, who earlier told her that Enrique is his nephew announced, "ma'm, you know, I want to get money from you. Retrieved 21 June

It was alleged in the information that the accused being tenants of Margarita Fernando in her riceland, without notice to her or without her consent, pre-threshed a portion of their respective harvests of five cavans of palay each to her damage. Suffice it to say that it is a pre-election act that cannot be reset. I would dismiss the appeal. Although, in general, the statutory requirement of substituted service must be followed strictly, faithfully and fully and that any substituted service other than that authorized by Rules is considered ineffective. Respondents, in their MR staunchly assails the decision insofar as it declared that that the subject land legally belongs to the Government of the Republic of the Philippines. And they make sure the sex appeal carries into other aspects of the album; just plop the disc into your PC and you'll be treated to a slide show of Brech that offers pictures of her straddling a guitar in all sorts of naughty poses. His motion, however, was denied by the trial court. The arrest of the accused in this c a s e d i d n o t fall in any of these exceptions. As a PEZA-registered enterprise within a special economic zone, the respondent is entitled to the fiscal incentives and benefits provided for in either P.

The reason for the more liberal treatment of claims for taxes against a decedent's estate in the form of exception from the application of the statute of non-claims, is not hard to find. The Provincial Board of Canvassers proclaimed VIillarosa as the winning candidate with a margin of 3, votes. The police power is simply defined as the power inherent in the State to regulate liberty and property for the promotion of the general welfare. Related Papers. The poseur-buyers went back to the police officers and told them that the transaction has been completed. Under the principles of statutory construction, if a statute is clear, plain and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. By Ecca Ignacio. The case was docketed as I. Track Listing - Disc 1. Thus, Uy filed a complaint challenging the issuance of the Fraud Order.

Hence, a statute may not be so construed as to require compliance with what it prescribes cannot, at the time, be legally, coincidentally, it must be presumed that the legislature did not at all intend an interpretation or application of a law which is far removed from the realm of the possible. During the arraignment, petitioner and his co-accused pleaded not guilty to the offense charged. As a PEZA-registered enterprise within a special economic zone, the respondent is entitled to the fiscal incentives and benefits provided for in either P. Trial Court granted the Motion with a condition upon the service of summon on the respondent within 10 days from the receipt of the Order. Petitioner contends that P. To browse Academia. From Wikipedia, the free encyclopedia. Advanced Search Submit entry for keyword results. But mostly, this is an advertisement that uses popular bands and steamy pictures to promote a magazine, and it definitely succeeds on that front.

Ruling: For failure of the prosecution to prove the aggravating circumstance of evident premeditation and by virtue of the command of the Constitution, the judgment of the court a quo is accordingly MODIFIED. Privilegia reciprint largan interpretationem voluntate consonan concedentis Privileges are to be interpreted in accordance with the will of him who grants them BARRETTO vs. When forwarded to the Senate, the bills were also unanimously approved. The same incident supposedly happened in January and the "stolen" boxes allegedly reached 34, the contents of which were valued at P10, , This Court stresses that a buy-bust operation is a legally effective and proven procedure, sanctioned by law, for apprehending drug peddlers and distributors. Now, the petitioner is ordered by the court to give P20, every month as a support to his illegitimate child. One cannot delay the payment of such funds for support and education for the reason that if paid long afterwards, however much the accumulated amount, its payment cannot cure the evil and repair the damage caused. Cyclical dynamics — We foresee dynamics of industries by using core analytical and unconventional market research approaches.

Correspondingly, petitioner filed a criminal information for violation of BP 22 against private respondent with the MTC on February 2, entitled People of the Philippines v. Persons Case1 1. Sparkle Rubyhorse. The first and last elements of the offense are admittedly present. Dante was found guilty of double homicide with reckless imprudence. Keith Andrew Palmer [1] born 21 March , [2] better known by his stage name Maxim previously Maxim Reality , is an English musician, known for being a vocalist of electronic music band the Prodigy. Galapon and seven other private respondents, all members of the Iglesia ni Cristo INC , against petitioner in connection with the above broadcast. The foregoing paragraphs contain conclusions of fact and of law established after a careful study of the provisions found in the foundation and of the laws applicable to the case, and are squarely applicable to the facts recently proved at the new trial, except that five-eighths of the fifth should be divided among the descendants of the five 5 younger children with succession and the remaining three-eighths of the fifth among the relatives in general of the founder, because it developed that the younger daughter Eustaquia Ma.

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Maxim compilation

Socorro was seated at the rear. The latter informed Mapa that the contracts to sell the lots were cancelled, but Mapa invoked Clause 20 of the four contracts. In addition, in October , Editha also filed an application for death benefits with the SSS stating that she was the legal wife of the deceased. Denmark beauty Berit Bech is gorgeous, a stunning blonde that holds a guitar with an erotic appeal typical of Maxim's usual cover girls. Verba intentioni, non e contra, debent inservire Words ought to be more subservient to the intent and not the intent to the words. It should be so, because it cannot be doubted that sweepstakes tickets purchasers are induced to buy said tickets because of the desire to win any of the substantial prizes offered by the PCSO. Issue: Does the statute of non-claims of the Rules of Court bar the claim of the government for unpaid taxes? Ex necessitate legis. It is a gratifying commentary on our judicial system that the jurisprudence of this country is rich with applications of this guaranty as proof of our fealty to the rule of law and the ancient rudiments of fair play.

Streams Videos All Posts. After due trial, on December 29, , the trial court rendered a decision in the two cases convicting petitioner. Romantic Evening Sex All Themes. In this sense, "penalties" would have reference to fines to be imposed in cases of improper or incorrect collection of the tax with respect to the amount and to the time of payment thereof, not as penalties imposed on acts considered as criminal offenses under the law. From the above testimony of the prosecution witness, it was well established that the elements have been satisfactorily met. She Is Beautiful. Issue: Whether or not the issuance of PD transferred the case of the accused from the regular courts to the Juvenile Court. September 18, Facts: On August 25, , petitioner bought various kinds of jewelry worth P,

A new law has a prospective, not retroactive, effect However, penal laws that favor a guilty person, who is not a habitual criminal, shall be given retroactive effect. The three essential elements of a lottery are: First, consideration; second, prize; and third, chance Horner vs. Namespaces Article Talk. Big beat breakbeat trip hop. Features Interviews Lists. On instances where this Court was confronted with cases requiring judicial determination of the ownership of the building separate from the lot, it never hesitated to disregard such rule. Ruling: The Petition for Review on Certiorari was granted, Court of Appeals decision was reversed and set aside, and the Trial Court decision was reinstated and affirmed. Both upstream and downstream of the entire supply chain has been accounted for while doing this. A few choice bands contribute some tracks that don't sound like filler, but mostly this is a combination of one-hit wonder radio songs broken up by lesser tracks.

Issue: Whether the appeal of the petitioner against the immediate release of support will be honoured by the court. Issue: Whether petitioner has a superior legal right over the SSS benefits as against the illegitimate minor children of the deceased. Moreover: The Torrens Certificate of Title of respondent, covering subject lot cannot be collaterally attacked and nullified in this case at bar. Further, a perusal of RA shows that nothing indeed therein authorizes its retroactive application. Cleofe S. Energetic Happy Hypnotic. As an assurance, the spouses signed a document donating the said properties to Cantiveros in case of their death and their children. The reconstitution of a title is simply the re-issuance of a lost duplicate certificate of title in its original form and condition. In the case of establishments of arts and trades, it is the head thereof, and only he, who shall be held liable as an exception to the general rule.

In lieu of the death penalty, the following shall be imposed: a the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or b the penalty of life imprisonment, when the law violated does not make use of the nomenclature of the penalties of the Revised Penal Code. Rights are but weapons on the wall if, like expensive tapestry, all they do is embellish and impress. Terms Defined. The report provides in-depth analysis of parent market trends, macro-economic indicators and governing factors along with market attractiveness as per segments. Respondent relies solely on its reconstituted title which, by itself, does not determine or resolve the ownership of the land covered by the lost or destroyed title. On October 21, , Cabana formally sold the subject property to spouses Legaspi in an absolute sale. Cantiveros answered with a general denial and a special defense in which she asked that judgment be rendered declaring the contract of sale made between herself and Basilia Bough null. Petitioner Philippine Deposit Insurance Corporation was eventually substituted as the therein petitioner, liquidator of Intercity Bank.

There is a detailed analysis of the change in customer requirements, customer preferences, and the vendor landscape of the overall market. L; March 31, Facts: Private Respondent Romulo, 17 years of age, was charged with vagrancy. The Key to Gramercy Park. Terms Defined. Thereafter, on July 25, , private respondent filed a Motion to Suspend Proceedings dated July 24, , alleging that the civil and criminal cases involved facts and issues similar or intimately related such that in the resolution of the issues in the civil case, the guilt or innocence of the accused would necessarily be determined. This is regardless whether or not the petitioner has indeed committed an offense of "fraud or property. It does not declare, expressly or impliedly, as void contracts entered into by a contractor whose license had already expired. Privilegia reciprint largan interpretationem voluntate consonan concedentis Privileges are to be interpreted in accordance with the will of him who grants them BARRETTO vs.

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Maxim compilation

Petitioner contends that P. Retirement Planner. The incumbent Executive issued Memorandum Circular No. Ruling:: No. The maxim "casus omisus" can operate and apply only if and when the omission has been clearly established. On October 21, , Cabana formally sold the subject property to spouses Legaspi in an absolute sale. Petitioner moved to dismiss on the ground that the complaint failed to state a cause of action. The legislative intent not to punish anymore the tenant's act of pre- reaping and pre-threshing without notice to the landlord is inferable from the fact that the Code of Agrarian Reforms did not reenact section 39 of the Agricultural Tenancy Law and that it abolished share tenancy which is the basis for penalizing clandestine pre-reaping and pre- threshing.

Immediately on her arrival in this country she claimed protection as a refugee. This biography of a living person needs additional citations for verification. The ancient maxim verba accipienda sunt secundum subjectam materiam words are to be understood according to the subject-matter with which they deal provides the best guide to the meaning that should be given to what Lord Brown said in this paragraph. The petition with respect to declaration of unconstitutionality of EO A cannot be, likewise, sustained. Issue: Whether or not Clause 20 of the said contracts include and incorporate P. She tried to make a mockery of a process whose credibility is essential in preserving democracy. The evident purpose is to prevent the tenant and the landholder from defrauding each other in the division of the harvests. Verba legis Plain-meaning rule. Sabi ng lola ko masahol pa sa putang babae yan. Proper notice and hearing are cardinal components of due process in any democratic institution, agency or society.

Evidently, in the repealing clause of the Code, it expressly repealed only Section 3 of RA Additionally, the petitioners filed a civil action for damages under Article of the Civil Code against the Colegio de San Jose- Recoletos, its rector the high school principal, the dean of boys, and the physics teacher, together with Daffon and two other students, through their respective parents. Stare decisis et non quieta movere Follow past precedents and do not disturb what has been settled. Issue: In case the weight of a cargo is inaccurately or incorrectly stated in the manifest, which provision of the Tariff and Customs Code should be applied, Section or Section ? Surprisingly, there is not even one evidence to show when and how its predecessor in interest, United Services Country Club, Inc. On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, Download pdf. Their Law: The Singles — Villarosa, who was Representative of the District in question for two terms, the last of which ended on June 30, ; in his certificate of candidacy for the election of May 8, , JOSE T. Issue: May the salaries and personnel-related benefits of public school teachers appointed by local chief executives in connection with the establishment and maintenance of extension classes as well as the expenses for college scholarship grants be charged to the SEF of the local government unit concerned?

Guevara filed before the court an instant petition for Quo Warranto seeking to be declared person legally entitled to the said Officer of the Undersecretary of Labor under Art. Hailing it as the "life of the law," ratio legis est anima, this Court has zealously guarded against any attempt to thwart the rigid rule and deny the prevailing litigant his right to savour the fruit of his victory. The appellant pleaded not guilty and states the lone argument that the lower court gravely erred in convicting him of the crime charged despite failure of the prosecution to prove his guilt beyond reasonable doubt. The respondent moves to dismiss the petition on the ground of lack of legal standing and unreasonable delay in filing of the petition Issue: WON there is a violation of equal protection clause? Olsen and Marker [] 36 Phil. Ubi lex non distinguit, nec nos distinguere debemus. Indeed, on second look, we note that what is involved here is a dispute between and among members of a family corporation, the Fortune Wealth Mansion Corporation. Our clients use insights provided by us to maneuver themselves through market uncertainties and interferences.

Note should be taken of the second paragraph of the law which allows the filing of the by-laws even prior to incorporation. Ruling: Yes, the defendant company is liable to pay the obligation. Each act possesses its own distinctive, different, and disparate meaning. A few choice bands contribute some tracks that don't sound like filler, but mostly this is a combination of one-hit wonder radio songs broken up by lesser tracks. Download Free PDF. The Prodigy. On November 29, , Cabana sold the subject property to Abelardo Cruz now deceased , who, in turn, tried to register the deed of sale on September 3, The case at bar is of similar import. In other words, there is no obligation to do an impossible thing. The law is clear.

Court of Appeals rendered decision granting the Appeal of respondent and setting aside the decision of the trial court for the irregularity of the service of summons. The minimum requirements of due process are notice and hearing which, generally speaking, may not be dispensed with because they are intended as a safeguard against official arbitrariness. As a response, COMELEC defends that constitutional freedoms are not absolute in a sense, and they may be abridged to some extent to serve appropriate and important interests. Cwas issued to the latter. The police officers, still in the area of operation and in the presence of barangay officials, searched the appellant and found a big sachet of shabu. However the petitioner claims that the ranking of the Sanggunian members should not only be based on the number of votes obtained in relation to the total number of registered voters, but also on the number of voters in the district who actually voted therein. Considering the governing principle of stare decisis et non quieta movere follow past precedents and do not disturb what has been settled and optimus interpres rerum usus the best interpreter of the law is usage , the court ruled that respondents cannot maintain their action without eroding the long settled holding of the courts that OCT No. The Independent. Verba legis non est recedendum, or from the words of a statute there should be no departure No grave abuse of discretion on the part of the COMELEC in issuing the Resolution dated January 22, was committed.

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Maxim compilation

Ruling: Yes, the defendant company is liable to pay the obligation. Section 4 of the Code of Agrarian Reforms declared agricultural share tenancy throughout the country as contrary to public policy and automatically converted it to agricultural leasehold. L, January 14, Facts: This defendant was accused before the court of the justice of the peace of Bulacan, Province of Bulacan, of the crime of seduction, and, having been found guilty, he was sentenced to three months of arresto mayor, to pay an "indemnity of P1, to the offended party, to acknowledge the offspring, to make an allowance of P15 monthly for subsistence until the child becomes of age, and to pay the costs of the proceedings. This is the philosophy behind the government's exception, as a general rule, from the operation of the principle of estoppel. It should be so, because it cannot be doubted that sweepstakes tickets purchasers are induced to buy said tickets because of the desire to win any of the substantial prizes offered by the PCSO. In other words, there is no obligation to do an impossible thing. Pablo San Miguel opposed the appeal on the ground that the order to dismiss the said case was merely interlocutory hence it is not appealable. Help Community portal Recent changes Upload file.

Issue: Are the Spouses Garcia the lawful owners of the property? That the framers of the constitution only intended for one seat of the JBC to be allotted for the legislative. Petitioner Commissioner of Internal Revenue is sued in his official capacity, having been duly appointed and empowered to perform the duties of his office, including, among others, the duty to act and approve claims for refund or tax credit. Wanting to change her surname to that of her father, they sent a letter to the Local Civil Registrar on August 1, When forwarded to the Senate, the bills were also unanimously approved. Tuason had left heirs, contrary to the stipulation of the plaintiffs and the defendants. Issue: Is the word "penalties" found in Sec. He also assailed the constitutionality of EO A for being violative of their right to equal protection. Olsen and Marker [] 36 Phil. Contact the source provider Comtex at editorial comtex.

Respondent relies solely on its reconstituted title which, by itself, does not determine or resolve the ownership of the land covered by the lost or destroyed title. MarketInsightsReports provides global and regional market intelligence coverage, a degree market view which includes statistical forecasts, competitive landscape, detailed segmentation, key trends, and strategic recommendations. Filthy restaurants may be summarily padlocked in the interest of the public health and bawdy houses to protect the public morals. It can be readily seen that the reduction of the penalty is not and was not made dependent on a law, decree, condition, or period before the aforementioned Section 19 can be applied by the courts. Cleofe S. The first and last elements of the offense are admittedly present. Beautiful Disaster Stacy Jones. Issue: 1 Whether the Miranda rights of the accused-appellant were violated.

Issue: Are the Spouses Garcia the lawful owners of the property? Consequently, the prison sentences imposed on petitioner are deleted. Even so, the House readopted Joint Resolution No. GR No. Upon taxation depends the Government ability to serve the people for whose benefit taxes are collected. The guaranty of the equal protection of the laws is not violated by a legislation based which was based on reasonable classification. Dante was found guilty of double homicide with reckless imprudence. PCSO is a government entity created and empowered by law to hold sweepstakes draws and lotteries for charitable and public purposes. Section 4 of the Code of Agrarian Reforms declared agricultural share tenancy throughout the country as contrary to public policy and automatically converted it to agricultural leasehold. The fundamental principle of constitutional construction is to give effect to the intent of the framers of the organic law and of the people adopting it.

Our clients can identify key cannibalizes of a market, by procuring our research. Guevara filed before the court an instant petition for Quo Warranto seeking to be declared person legally entitled to the said Officer of the Undersecretary of Labor under Art. It should be so, because it cannot be doubted that sweepstakes tickets purchasers are induced to buy said tickets because of the desire to win any of the substantial prizes offered by the PCSO. MM Gallery. He argued that since Francheska' s certificate of birth indicated her father as "UNKNOWN," there was no legal or factual basis for the claim of support. It was charged against the provincial Special Education Fund SEF along with college scholarship grants of the province. Vigilantibus et non dormientibus jura subveniunt. The philosophy is to redeem valuable human material, and to prevent unnecessary deprivation of personal liberty and economic usefulness with due regard to the protection of the social order. The reconstitution of a title is simply the re-issuance of a lost duplicate certificate of title in its original form and condition. Every prevailing party to a suit enjoys the corollary right to the fruits of the judgment and, thus, court rules provide a procedure to ensure that every favorable judgment is fully satisfied.

Invisible Man. Michael Francisco, through his lawyer filed a Manifestation and Motion, he denied that he received the summons and hewas authorized to receive on behalf of his brother. United States [] U. Retrieved 21 June Palmer was born in Peterborough to Jamaican parents. The act is malum prohibitum, pernicious and inimical to public welfare. Turner Barnes Gallery. He cannot again revive the same action by re-filing it 11 years later. And the accused failed to satisfy the amount of the check or make arrangement for its payment within 5 banking days from notice of dishonor. Court of Appeals rendered decision granting the Appeal of respondent and setting aside the decision of the trial court for the irregularity of the service of summons.

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As such, the building or the lot, as the case may be, can be made liable to answer for the obligation of its respective owner. Terms Defined.

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