The Causes and Effects of Smoking Among Students

A cause effect essay The causes and effects of smoking among students Smoking is one of the most dangerous widespread phenomena that threatens lives of a huge number of people worldwide. It starts as a way of having fun, but ends as an addiction that is therefore so difficult to give up. Today, we often hear of â€Å"smoking among students†. So why do students smoke and what effects smoking has on them? There are many reasons behind the phenomenon of smoking among students. To start with, students smoke because they are curious and want to discover the world of those who smoke.They are just trying to have some fun when they smoke the first cigarette. Other students take up smoking due to the family problems, especially when they see their parents having quarrels. Moreover, some students smoke since they think a cigarette would relieve stress they had during the day, especially at school. Last but not least, students try to imitate adult smokers because they want to show that t hey are adults, too. If we look at the consequences of smoking, we will find so many. Smoking causes cancer. As a result, the addict students would suffer from health problems that end in death.Another effect is that after certain years, the addict would develop respiratory problems and will face a lot of problems in running without losing breath. So, asthma, bronchitis, and emphysema are always a lingering threat. One more important effect of smoking is that it causes a lot of anger for the addict. Whenever they lack cigarettes, they start reacting angrily and strangely. To sum up, smoking is an ongoing threatening danger for addicts and might affect the next generation. The best solution is prevention according to the proverb that says â€Å"Prevention is better than cure†.A cause effect essay The causes and effects of smoking among students Smoking is one of the most dangerous widespread phenomena that threatens lives of a huge number of people worldwide. It starts as a wa y of having fun, but ends as an addiction that is therefore so difficult to give up. Today, we often hear of â€Å"smoking among students†. So why do students smoke and what effects smoking has on them? There are many reasons behind the phenomenon of smoking among students. To start with, students smoke because they are curious and want to discover the world of those who smoke.They are just trying to have some fun when they smoke the first cigarette. Other students take up smoking due to the family problems, especially when they see their parents having quarrels. Moreover, some students smoke since they think a cigarette would relieve stress they had during the day, especially at school. Last but not least, students try to imitate adult smokers because they want to show that they are adults, too. If we look at the consequences of smoking, we will find so many. Smoking causes cancer. As a result, the addict students would suffer from health problems that end in death.Another e ffect is that after certain years, the addict would develop respiratory problems and will face a lot of problems in running without losing breath. So, asthma, bronchitis, and emphysema are always a lingering threat. One more important effect of smoking is that it causes a lot of anger for the addict. Whenever they lack cigarettes, they start reacting angrily and strangely. To sum up, smoking is an ongoing threatening danger for addicts and might affect the next generation. The best solution is prevention according to the proverb that says â€Å"Prevention is better than cure†.

Title 2 Cases

FIRST DIVISION [G. R. No. 144712. July 4, 2002] SPOUSES SILVESTRE and CELIA PASCUAL, petitioners, vs. RODRIGO V. RAMOS, respondent. DECISION DAVIDE, JR. , C. J. : Before us is a petition for review on certiorari assailing the 5 November 1999 Decision[1] and the 18 August 2000 Resolution[2] of the Court of Appeals in CA G. R. CV No. 52848. The former affirmed the 5 June 1995 and 7 September 1995 Orders of the Regional Trial Court, Malolos, Bulacan, Branch 21, in Civil Case No. 526 -M-93, and the latter denied petitioner’s motion for reconsideration.The case at bar stemmed from the petition[3] for consolidation of title or ownership filed on 5 July 1993 with the trial court by herein respondent Rodrigo V. Ramos (hereafter RAMOS) against herein petitioners, Spouses Silvestre and Celia Pascual (hereafter the PASCUALs). In his petition, RAMOS alleged that on 3 June 1987, for and in consideration of P150,000, the PASCUALs executed in his favor a Deed of Absolute Sale w ith Right to Repurchase over two parcels of land and the improvements thereon located in Bambang, Bulacan, Bulacan, covered by Transfer Certificate of Title (TCT) No. 05626 of the Registry of Deeds of Bulacan. This document was annotated at the back of the title. The PASCUALs did not exercise their right to repurchase the property within the stipulated one -year period; hence, RAMOS prayed that the title or ownership over the subject parcels of land and improvements thereon be consolidated in his favor.In their Answer,[4] the PASCUALs admitted having signed the Deed of Absolute Sale with Right to Repurchase for a consideration of P150,000 but averred that what the parties had actually agreed upon and entered into was a real estate mortgage. They further alleged that there was no agreement limiting the period within which to exercise the right to repurchase and that they had even overpaid RAMOS.Furthermore, they interposed the following defenses: (a) the trial court had no jurisdiction over the s ubject or nature of the petition; (b) RAMOS had no legal capacity to sue; (c) the cause o f action, if any, was barred by the statute of limitations; (d) the petiti on stated no cause of action; (e) the claim or demand set forth in RAMOS’s pleading had been paid, waived, abandoned, or otherwise extinguished; and (f) RAMOS has not complied with the required confrontation and conciliation before the barangay.By way of counterclaim, the PASCUALs prayed that RAMOS be ordered to execute a Deed of Cancellation, Release or Discharge of the Deed of Absolute Sale with Right to Repurchase or a Deed of Real Estate Mortgage; deliver to them the owner’s duplicate of TCT No. T-305626; return the amount they had overpaid; and pay each of them moral damages and exemplary damages in the amounts of P200,000 and P50,000, respectively, plus attorney’s fees of P100,000; appearance fee of P1,500 per hearing; litigation expenses; and costs of suit.After the pre-trial, the trial court issued an order[5] wherein it identified the following issues: (1) whether the Deed of Absolute Sale with Right to Repurchase is an absolute sale or a mere mortgage; (2) whether the PASCUALs have paid or overpaid the principal obligation; (3) whether the ownership over the parcel of land may be consolidated in favor of RAMOS; and (4) whether damages may be awarded. Among the documents offered in evidence by RAMOS during the trial on the merits was a document denominated as Sinumpaang Salaysay[6] signed by RAMOS and Silvestre Pascual, but not notarized.The contents of the document read: Ako, si SILVESTRE PASCUAL, Filipino, nasa hustong gulang, may asawa at kasalukuyang naninirahan sa Bambang, Bulacan, Bulacan, ay nagsasabing buong katotohanan at sumusumpa sa aking mga salaysay sa kasulatang ito: 1. Na ngayong June 3, 1987 dahil sa aking matinding pangangailangan ng puhunan ay lumapit ako at nakiusap kay Rodrigo Ramos ng Taal, Pulilan, Bulacan na pautangin ako ng halagang P150,000. 00 . 2. Na aming napagkasunduan na ang nasabing utang ay babayaran ko ng tubo ng seven percent (7%) o P10,500. 0 isang buwan (7% per month). 3. Na bilang sangla (collateral security) sa aking utang, kami ay nagkasundo na mag-execute ng Deed of Sale with Right to Repurchase para sa aking bahay at lupa (TCT No. 305626) sa Bo. Taliptip, Bambang, Bulacan, Bulacan ngayong June 3, 1987 at binigyan ako ni Mr. Ramos ng isang taon hanggang June 3, 1988 upang mabiling muli ang aking isinanla sa kaniya sa kasunduang babayaran kong lahat ang capital na P150,000. 00 pati na ang P10,500. 0 na tubo buwan buwan. 4. Na bilang karagdagang condition, si RODRIGO RAMOS ay pumayag sa aking kahilingan na kung sakali na hindi ko mabayaran ng buo ang aking pagkakautang (Principal plus interest) sa loob ng isang taon mula ngayon, ang nakasanglang bahay at lupa ay hindi muna niya iilitin (foreclose) o ipalilipat sa pangalan niya at hindi muna kami paaalisin sa tinitirhan naming bahay hanggat ang tubo (interest) na P10,500. 00 ay nababayaran ko buwan buwan. 5.Na ako ay sumasang-ayon sa kundisyon ni Rodrigo Ramos na pagkatapos ng isang taon mula ngayon hanggang June 3, 1988 at puro interest lamang ang aking naibabayad buwan-buwan, kung sakaling hindi ako makabayad ng tubo for six (6) consecutive months (1/2 year after June 3, 1988 (6 na buwang hindi bayad ang interest ang utang ko) si Rodrigo Ramos ay binibigyan ko ng karapatan at kapangyarihan na mag-mayari ng aming bahay at lupa at kami ng aking pamilya ay kusang loob na aalis sa nasabing bahay at lupa na lumalabas na ibinenta ko sa kaniya dahil hindi ako nakasunod sa aming mga pinagkasunduang usapan. . At bilang finale ng aming kasunduan, ako ay nangangako na hindi maghahabol ng ano mang sukli sa pagkakailit ng aming bahay at lupa kung sakali mang dumating sa ganuong pagkakataon o sitwasyon o di kaya’y magsasampa ng reklamo kanino man. Bilang pagsang-ayon sa mga nasabing kasunduan, kami ay lumagda sa ibaba nito kalakip ng aming mga pangalan ngayong ika-3 ng Hunyo, 1987. (Sgd. )Rodrigo Ramos Sgd. ) Silvestre Pascual Nagpautang UmutangFor their part, the PASCUALs presented documentary evidence consisting of acknowledgment receipts [7] to prove the payments they had made. The trial court found that the transaction between the parties was actually a loan in the amount of P150,000, the payment of which was secured by a mortgage of the property covered by TCT No. 305626. It also found that the PASCUALs had made payments in the total sum of P344,000, and that with interest at 7% per annum, the PASCUALs had overpaid the loan by P141,500.Accordingly, in its Decision[8] of 15 March 1995 the trial court decreed as follows: WHEREFORE, judgment is hereby rendered in favor of the defendants and against the plaintiff in the following manner: 1. Dismissing the plaintiff’s petition; 2. Directing the Register of Deeds to cancel the annotation of the Deed of Sale with Right to Repurchase on the dorsal side of TCT No. 305 626; 3. Awarding the defendants the sum of P141,500. 00 as overpayment on the loan and interests; 4. Granting the defendants attorney’s fee in the sum of P15,000. 0 and P3,000. 00 for litigation expenses. With costs against the plaintiff. RAMOS moved for the reconsideration of the decision, alleging that the trial court erred in using an interest rate of 7% per annum in the computation of the total amount of obligation because what was expressly stipulated in the Sinumpaang Salaysay was 7% per month. The total interest due from 3 June 1987 to 3 April 1995 was P987,000. Deducting therefrom the interest payments made in the sum of P344,000, the amount of P643,000 was still due as interest.Adding the latter to the principal sum of P150,000, the total amount due from the PASCUALs as of 3 April 1995 was P793,000. Finding merit in the motion for reconsideration, which was not opposed by the PASCUALs, the trial court issued on 5 June 1995 an Order[9] modifying its decision by deleti ng the award of P141,500 to the PASCUALs as overpayment of the loan and interest and ordering them to pay RAMOS P511,000 representing the principal loan plus interest. The trial court acknowledged that it had inadvertently declared the interest rate to be 7% per annum when, in fact, the Sinumpaang Salaysay stipulated 7% per month.It noted that during trial, the PASCUALs never disputed the stipulated interest rate. However, the court declared that the 7% per month interest is too burdensome and onerous. Invoking the protective mantle of Article 24 of the Civil Code, which mandates the courts to be vigilant for the protection of a party at a disadvantage due to his moral dependence, ignorance, indigence, mental weaknes s, tender age or other handicap, the trial court unilaterally reduced the interest rate from 7% per month to 5% per month. Thus, the interest due from 3 June 1987 to April 1995 was P705,000. Deducting therefrom the payments made by the PASCUALs in the amount of P344,000 , the net interest due was P361,000. Adding thereto the loan principal of P150,000, the total amount due from the PASCUALs was P511,000. Aggrieved by the modification of the decision, the PASCUALs filed a motion to reconsider the Order of 5 June 1995. They alleged that the motion for reconsideration filed by RAMOS was a mere scrap of paper because they received a copy of said motion only a day before the hearing, in violation of the 3 -day-notice rule.Moreover, they had already paid the interests and had in fact overpaid the principal sum of P150,000. Besides, RAMOS, being an individual, could not charge more than 1% interest per month or 12% per annum; and, the interest of either 5% or 7% a month is exorbitant, unconscionable, unreasonable, usurious and inequitable. RAMOS opposed the motion of the PASCUALs. He contended that the non-compliance with the 3-day-notice rule was cured when the trial court gave them an opportunity to file their opposition, but despite the lapse of the pe rio d given them, no opposition was filed.It is not correct to say that he was not allowed to collect more than 1% per month interest considering that with the moratorium on the Usury Law, the allowable interest is that agreed upon by the parties. In the absence of any evidence that there was fraud, force or undue influence exerted upon the PASCUALs when they entered into the transaction in question, their agreement embodied in the Sinumpaang Salaysay should be respected. Furthermore, the trial court had already reduced the interest rate to 5% per month, a rate which is not exorbitant, unconscionable, unreasonable and inequitable.Their motion for reconsideration having been denied in the Order[10] of 7 September 1995, the PASCUALs seasonably appealed to the Court of Appeals. They pointed out that since the only prayer of RAMOS in his petition was to have the title or ownership over the subject land and the improvements thereon consolidated in his favor and he did not have any prayer for general relief, the trial court had no basis in ordering them to pay him the sum of P511,000. In its Decision[11] of 5 November 1999, the Court of Appeals affirmed in toto the trial court’s Orders of 5 June 1995 and 7 September 1995.It ruled that while RAMOS’s petition for consolidation of title or ownership did not include a prayer for the payment of the balance of the petitioners’ obligation and a prayer for general relief, the issue of whether there was still a balance from the amount loaned was deemed to have been raised in the pleadings by virtue of Section 5, Rule 10 of the Rules of Court, which provides that â€Å"[w]hen issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. In the course of the trial, receipts were presented by the PASCUALs evidencing the payments they had made. Taken in conjunction with the Sinumpaang Salays ay which specified the interest rate at 7% per month, a mathematical computation readily leads to the conclusion that there is still a balance due from the PASCUALs, even at a reduced interest rate of 5% interest per month. With the denial of their motion for reconsideration of the decision by the Court of Appeals, t he PASCUALs filed before us the instant petition raising the sole issue of whether they are liable for 5% interest per month from 3 June 1987 to 3 April 1995.Invoking this Court’s ruling in Medel v. Court of Appeals,[12] they argue that the 5% per month interest is excessive, iniquitous, unconscionable and exorbitant. Moreover, respondent should not be allowed to collect interest of more than 1% per month because he tried to hide the real transaction between the parties by imposing upon them to sign a Deed of Absolute Sale with Right to Repurchase. For his part, RAMOS contends that the issue raised by petitioners cannot be entertained anymore because it wa s neit her raised in the complaint nor ventilated during the trial.In any case, there was nothing illegal on the rate of interest agreed upon by the parties, since the ceilings on interest rates prescribed under the Usury Law had expressly been removed, a nd hence parties are left freely at their discretion to agree on any rate of interest. Moreover, there was no scheme to hide a usurious transaction. RAMOS then prays that the challenged decision and resolution be affirmed and that petitioners be further ordered to pay legal interest on the interest due from the time it was demanded. We see at once the proclivity of the PASCUALs to change theory almost every step of the case.By invoking the decision in Medel v. Court of Appeals, the PASCUALs are actually raising as issue the validity of the stipulated interest rate. It must be stressed that they never raised as a defense or as basis for their counterclaim the nullity of the stipulated interest. While overpayment was alleged in the Answer, no ultimate fac ts which constituted the basis of the overpayment was alleged. In their pre-trial brief, the PASCUALs made a long list of issues, but not one of them touched on the validity of the stipulated interest rate.Their own evidence clearly shows that they have agreed on, and have in fact paid interest at, the rate of 7% per month. Exhibits â€Å"1† to â€Å"8† specifically mentioned that the payments made were for the interest due on the P150,000 loan of the PASCUALs. In the course of the trial, the PASCUALs never put in issue the validity of the stipulated interest rate. After the trial court sustained petitioners’ claim that their agreement with RAMOS was actually a loan with real estate mortgage, the PASCUALs should not be allowed to turn their back on the stipulati on in that agreement to pay interest at the rate of 7% per month.The PASCUALs should accept not only the favorable aspect of the court’s declaration that the document is actually a n equitable mortgage but also the necessary consequence of such declaratio n, that is, that interest on the loan as stipulated by the parties in that same document should be paid. Besides, when RAMOS moved for a reconsideration of the 15 March 1995 Decision of the trial court pointing out that the interest rate to be used should be 7% per month, the PASCUALs never lifted a finger to oppose the claim. Admittedly, in their Motion for Reconsideration of theOrder of 5 June 1995, the PASCUALs argued that the interest rate, whether it be 5% or 7%, is exorbitant, unconscionable, unreasonable, usurious and inequitable. However, in their Appellants’ Brief, the only argument raised by the PASCUALs was that RAMOS’s petition did not contain a prayer for general relief and, hence, the trial court had no basis for ordering them to pay RAMOS P511,000 representing the principal and unpaid interest. It was only in their motion for the reconsideration of the decision of the Court of App eals that the PASCUALs made an issue of the interest rate and prayed for its reduction to 12% per annum.In Manila Bay Club Corp. v. Court of Appeals,[13] this Court ruled that if an issue is raised only in the motion for reconsideration of the decision of the Court of Appeals, the effect is that it is as if it was never duly raised in that court at all. Our ruling in Medel v. Court of Appeals[14] is not applicable to the present case. In that case, the excessiveness of the stipulated interest at the rate of 5. 5 % per month was put in issue by the defendants in the Answer.Moreover, in addition to the interest, the debtors were also required, as per stipulation in the pr omissory note, to pay service charge of 2% per annum and a penalty charge of 1% per month plus attorney’s fee of equivalent to 25% of the amount due. In the case at bar, there is no other stipulation for the payment of an extra amount except interest on t he principal loan. Thus, taken in conjunction with the stipulated service charge and penalty, the interest rate of 5. 5% in the Medel case was found to be excessive, iniquitous, unconscionable, exorbitant and hence, contrary to morals, thereby making such s tipulation null and void.Considering the variance in the factual circumstances of the Medel case and the instant case, we are not prepared to apply the former lest it be construed that we can strike down anytime interest rates agreed upon by parties in a loan transaction. It is a basic principle in civil law that parties are bound by the stipulations in the contracts voluntarily entered into by them. Parties are free to stipulate terms and conditions which they deem convenient provided they are not contra ry to law, morals, good customs, public order, or public policy. [15]The interest rate of 7% per month was voluntarily agreed upon by RAMOS and the PASCUALs. There is nothing from the records and, in fact, there is no allegation showing that petitioners were victims of fraud when th ey entered into the agreement with RAMOS. Neither is there a showing that in their contractual relations with RAMOS, the PASCUAL s were at a disadvantage on account of their moral dependence, ignorance, mental weakness, tender age or other handicap, which would entitle them to the vigilant protection of the courts as mandated by Article 24 of the Civil Code.Apropos in our ruling in Vales vs. Villa: All men are presumed to be sane and normal and subject to be moved by substantially the same motives. W hen of age and sane, they must take care of themselves. In their relations with others in the business of life, wits, sense, intelligence, training, ability and judgment meet and clash and contest, sometimes with gain and advantage to all, sometimes to a few only, with loss and injury to others. In these contests men must depend upon themselves – upon their own abilities, talents, training, sense, acumen, judgment.The fact that one may be worsted by another, of itself, furnishes no cause of complaint. One man cannot complain because another is more able, or better trained, or has better sense or judgment than he has; and when the two meet on a fair field the inferior cannot murmur if the battle goes against him. The law furnishes no protection to the inferior simply because he is inferior, any more than it protects the strong because he is strong. The law furnishes protection to both alike – to one no more or less than to the other.It makes no distinction between the wise and the foolish, the great and the small, the strong and the weak. The foolish may lose all they have to the wise; but that does not mean that the law will give it back to them again. Courts cannot follow one every step of his life and extricate him from bad bargains, protect him from unwise investments, relieve him from one-sided contracts, or annul the effects of foolish acts. Courts cannot constitute themselves guardians of persons who are not legally incompetent.Courts operate n ot because one person has been defeated or overcome by another, but because he has been defeated or overcome illegally. Men may do foolish things, make ridiculous contracts, use miserable judgment, and lose money by then – indeed, all they have in the world; but not for that alone can the law intervene and restore. There must be, in addition, aviolation of law, the commission of what the law knows as an actionable wrong, before the courts are authorized to lay hold of the situation and remedy it. 16] With the suspension of the Usury Law and the removal of interest ceiling, the partie s are free to stipulate the interest to be imposed on loans. Absent any evidence of fraud, undue influence, or any vice of consent exercised by RAMOS on the PASCUALs, the interest agreed upon is binding upon them. This Court is not in a position to impose upon parties contractual stipulations different from what they have agreed upon. As declared in the decision of Cuizon v. Court of Appeals,[17] It is not the province of the court to alter a contract by construction or to make a new contract for the parties; its duty is confined to the interpretation of the one which they have made for themselves without regard to its wisdom or folly as the court cannot supply material stipulations or read into the contract words which it does not contain. Thus, we cannot supplant the interest rate, which was reduced to 5% per month without opposition on the part of RAMOS.We are not persuaded by the argument of the PASCUALs that since RAMOS tried to hide the real transaction by imposing upon them the execution of a Deed of Absolute Sale with Right to Repurchase, he should not be allowed to collect more than 1% per month interest. It is undisputed that simultaneous with the execution of the said deed was the execution of the Sinumpaang Salaysay, which set forth the true agreement of the parties. The PASCUALs cannot then claim that they did not know the real transaction.RAMOS’s claim t hat the interest due should earn legal i nterest cannot be acted upon favorably because he did not appeal from the Order of the trial court of 5 June 1995, which simply ordered the payment by the PASCUALs of the amount of P511,000 without interest thereon. No relief can be granted a party who does not appeal. [18] Therefore, the order of the trial court should stand. Incidentally, we noticed that in the Memorandum filed by RAMOS, the ruling in Vales v. Valle was reproduced by his counsel without the proper citation. Such act constitutes plagiarism. Atty. Felimon B.Mangahas is hereby warned that a repetition of such act shall be dealt with accordingly. WHEREFORE, in view of all the foregoing, the petition is DENIED. The assailed decision of the Court of Appeals in CA G. R. CV No. 52848 is AFFIRMED in toto. Costs against petitioners. SO ORDERED. Vitug, Kapunan, Ynares-Santiago, and Austria-Martinez, JJ. , concur. FIRST DIVISION SPS. EDGAR AND DINAH OMENGAN, Petitioners, G. R. No. 1613 19 Present: PUNO, C. J. , SANDOVAL-GUTIERREZ, Working Chairperson, CORONA, AZCUNA and GARCIA, JJ. – versus – PHILIPPPINE NATIONAL BANK, HENRY M. MONTALVO AND MANUEL S. ACIERTO,*Respondents. Promulgated: January 23, 2007 x – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x DECISION CORONA, J. This petition for review on certiorari[1] seeks a review and reversal of the Court of Appeals (CA) decision [2] and resolution[3] in CA-G. R. CV No. 71302. In October 1996, the Philippine National Bank (PNB) Tabuk (Kalinga) Branch approved petitioners-spouses’ application for a re volving credit line of P3 million. The loan was secured by two residential lots in Tabuk, Kalinga-Apayao covered by Transfer Certificate of Title (TCT) Nos. 2954 and 12112. The certificates of title, issued by the Registry of Deeds of the Province of KalingaApayao, were in the name of Edgar[4] Omengan married to Dinah Omengan. The first P2. 5 million was released by Branch Manager Henry Montalvo on three separate dates. The release of the final half million was, however, withheld by Montalvobecause of a letter allegedly sent by Edgar’s sisters. It read: A ppas, Tabuk Kalinga 7 November 1996 The Manager Philippine National Bank Tabuk Branch Poblacion, Tabuk Kalinga Sir:This refers to the land at Appas, Tabuk in the name of our brother, Edgar Omengan, which was mortgaged to [the] Bank in the amount of Three Million Pesos (P3,000,000. 00), the sum of [ P2. 5 Million] had already been released and received by our brother, Edgar. In this connection, it is requested that the remain ing unreleased balance of [half a million pesos] be held in abeyance pending an understanding by the rest of the brothers and sisters of Edgar. Please be informed that the property mortgaged, while in the name of Edgar Omengan, is owned in co-ownership by all the children of the late Roberto and Elnora Omengan.The lawyer who drafted the document registering the subject property under Edgar’s name can attest to this fact. We had a prior understanding with Edgar in allowing him to make use of the property as collateral, but he refuses to comply with such arrangement. Hence, this letter. (emphasis ours) Very truly yours, (Sgd. ) Shirley O. Gamon (Sgd. ) Imogene O. Bangao (Sgd. ) Caroline O. Salicob (Sgd. ) Alice O. Claver[5] Montalvo was eventually replaced as branch manager by Manuel Acierto who released the remaining half million pesos to petitioners on May 2, 1997.Acierto also recommended the approval of a P2 million increase in their credit line to the Cagayan Valley Busines s Center Credit Committee in Santiago City. The credit committee approved the increase of petitioners’ credit line (from P3 million to P5 million), provided Edgar’s sisters gave their conformity. Acierto informed petitioners of the conditional approval of their credit line. But petitioners failed to secure the consent of Edgar’s sisters; hence, PNB put on hold the release of the additional P2 million. On October 7, 1998, Edgar Omengan demanded the release of the P2 million.He claimed that the condition for its release was not part of his credit line agreement with PNB because it was added without his consent. PNB denied his request. On March 3, 1999, petitioners filed a complaint for breach of con tract and damages against PNB with the Regional Trial Court (RTC), Branch 25 in Tabuk, Kalinga. After trial, the court decided in favor of petitioners. Accordingly, judgment is hereby rendered finding in favor of [petitioners. ] [PNB is ordered] : 1) To release without delay in favor of [petitioners] the amount of P2,000,000. 00 to complete the P5,000,000. 00 credit line agreement; ) To pay [petitioners] the amount of P2,760,000. 00 representing the losses and/or expected income of the [petitioners] for three years; 3) To pay lawful interest, until the amount aforementioned on paragraphs 1 and 2 above are fully paid; and 4) To pay the costs. SO ORDERED. [6] The CA, however, on June 18, 2003, reversed and set aside the RTC decision dated April 21, 2001. [7] Petitioners now contend that the CA erred when it did not sustain the finding of breach of contract by the RTC. [8] The existence of breach of contract is a factual matter not usually reviewed in a petition filed under Rule 45.But since the RTC and the CA had contradictory findings, we are constrained to rule on this issue. Was there a breach of contract? There was none. Breach of contract is defined as follows: [It] is the â€Å"failure without legal reason to comply with the terms of a contr act. † It is also defined as the â€Å"[f]ailure, with out legal excuse, to perform any promise which forms the whole or part of the contract. † [9] In this case, the parties agreed on a P3 million credit line. This sum was completely released to petitioners who subsequently applied[10] for an increase in their credit line.This was conditionally approved by PNB’s credit committee. For all intents and purposes, petitioners sought an additional loan. The condition attached to the increase in credit line requiring petitioners to acquire the conformity of Edgar’s sisters was never acknowledged and accepted by petitioners. Thus, as to the additional loan, no meeting of the minds actually occurred and no breach of contract could be attributed to PNB. There was no perfected contract over the increase in credit line. â€Å"[T]he business of a bank is one affected with public interest, for which reason the bank should guard against loss due to negligence or bad fa ith.In approving the loan of an applicant, the bank concerns itself with proper [information] regarding its debtors. †[11] Any investigation previously conducted on the property offered by petitioners as collateral did not preclude PNB from considering new information on the same property as security for a sub sequent loan. The credit and property investigation for the original loan of P3 million did not oblige PNB to grant and release any additional loan. At the time the original P3 million credit line was approved, the title to the property appeared to perta in exclusively to petitioners.By the time the application for an increase was considered, however, PNB already had reason to suspect petitioners’ claim of exclusive ownership. A mortgagee can rely on what appears on the certificate of title p resented by the mortgagor and an innocent mortgagee is not expected to conduct an exhaustive investigation on the history of the mortgagor’s title. This rule is strict ly applied to ban king institutions. xxx Banks, indeed, should exercise more care and prudence in dealing even with registered lands, than private individuals, as their business is one affected with public interest. xx Thus, this Court clarified that the rule that persons dealing wit h registered lands can rely solely on the certificate of title does not apply to banks. [12] (emphasis supplied) Here, PNB had acquired information sufficient to induce a reasonably prudent person to inquire into the status of the title over the subject property. Instead of defending their position, petitioners merely insisted that reliance on the face of the certificate of title (in their name) was sufficient. This principle, as already mentioned, was not applicable to financial institutions like PNB.In truth, petitioners had every chance to turn the situation in their favor if, as they said, they really owned the subject p roperty alone, to the exclusion of any other owner(s). Unfortunately, all they offered were bare denials of the co -ownership claimed by Edgar’s sisters. PNB exercised reasonable prudence in requiring the above-mentioned condition for the release of the additional loan. If the condition proved unacceptable to petitioners, the parties could have discussed other terms instead of making an obstinate and outright demand for the release of the additional amount.If the alleged co-ownership in fact had no leg to stand on, petitioners could have introduced evidence other than a simple denial of its existence. Since PNB did not breach any contract and since it exercised the degree of diligence expected of it, it cannot be held liable for damages. WHEREFORE, the decision and resolution of the Court of Appeals in CA-G. R. CV No. 71302 are hereby AFFIRMED. Costs against petitioners. SO ORDERED. RENATO C. CORONA Associate Justice WE CONCUR: REYNATO S. PUNO Chief Justice ANGELINA SANDOVAL-GUTIERREZ Associate Justice Working ChairpersonADOLFO S. AZCUNA Associate Justi ce CANCIO C. GARCIA Associate Justice CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above decision had been reach ed in consultation before the case was assigned to the writer of the opinion of the Court’s Division. REYNATO S. PUNO Chief Justice FIRST DIVISION [G. R. No. 126713. July 27, 1998] ADORACION E. CRUZ, THELMA DEBBIE E. CRUZ and GERRY E. CRUZ, petitioners, vs. COURT OF APPEALS and SPOUSES ELISEO and VIRGINIA MALOLOS, respondents. DECISION PANGANIBAN, J. :Contracts constitute the law between the parties. They must be read together and interpreted in an manner that reconciles and gives life to all of them. The intent of the parties, as shown by the clear language used, prevails over post facto explanations that find no support from the words employed by the parties of from their contemporary and subsequent acts showing their understanding of such contracts, Furthermore, a subsequent agreement cannot novate or change by implication a previous one, unless old and new contracts are, on every point, incompatible with each other.Finally, collateral facts may be admitted in evidence when a rational similarity exists between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. The Case Before us is a petition for review on certiorari seeking to nullify the Court of Appeals (CA) Decision[1] in CA- GR CV 33566, promulgated July 15, 1996, which reversed the Regional Trial Court (RTC) of Antipolo, Rizal; and CA Resolution [2] of October 1, 1996, which denied petitioner’s Motion for Reconsideration.Petitioner’s Adoracion, Thelma Debbie, Gerry and Arnel (all surnamed Cruz) filed an action for partition against the private respondents, Spouses Eliseo and Virginia Malolos. On January 28, 1991, the trial court rendered a Decision which disposed as follows:[3] â€Å"WHEREFORE, judgment is hereby rendered for the plaintiffs and against the defendants -spouses – 1. Ordering the partition of the seven parcels of land totalling 1,912 sq. m. among the four (4) plaintiffs and the defendants-spouses as follows: a. b. c. d. e. Adoracion E. Cruz (1/5) Thelma Debbie Cruz (1/5) Gerry E. Cruz (1/5) Arnel E. Cruz (1/5)Spouses Eliseo and Virginia Malolos (1/5) ———– 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. to whom Lot No. 1-C-2-B-2-B-4-L-1-A with an area of 276 sq. m. covered by TCT No. 502603 and a portion of Lot No. 1-C2-B-2-B-4-L-1-B covered by TCT No. 502604 to the extent of 106 sq. m. adjoining TCT No. 502603. 2. Ordering the parties herein to execute a project of partition in accordance [with] this decision indicating the partition of the seven (7) parcels of land within fifteen (15) days upon receipt of this judgment. 3. Ordering defendants-spouses to pay plaintiffs herein P5,000. 00 as and for attorney’s fees; 4. Cost of suit. On appeal, Respondent Court r eversed the trial court thus:[4] â€Å"WHEREFORE, finding the appeal to be meritorious, we REVERSE the appealed decision and render judgment DISMISSING the complaint without prejudice however to the claim of plaintiff -appellees for their shares in the proceeds of the auction sale of the seven (7) parcels of land in question against Nerissa Cruz Tamayo pursuant to the Memorandum Agreement. Cost against the plaintiff-appellees. † As earlier stated, reconsideration was denied through the appellate court’s challenged Resolution: [5] â€Å"WHEREFORE, for lack of merit, the Motion for Reconsideration in DENIED. . The Antecedent Facts The facts of this case are undisputed. The assailed Decision relates them as follows:[6] â€Å"Delfin I. Cruz and Adoracion Cruz were spouses and their children were Thelma, Nerissa, Arnel and Gerry Cruz. Upon the death of Delfin I. Cruz, [his] surviving spouse and children executed on August 22, 1977 a notarized Deed of Partial Partition (Ex hibit 2) by virtue of which each one of them was given a share of several parcels of registered lands all situat ed in Taytay, Rizal.The following day, August 23, 1977, the same mother and children executed a Memorandum Agreement (Exhibit H) which provided: â€Å"That the parties hereto are common co-owners pro-indiviso in equal shares of the following registered real properties, all situated at Taytay, Rizal, Philippines, x x x. xxx That sometime on August 22, 1977, a Deed of Partial Partition was executed among us before Atty. Virgilio J. Tamayo, Notary Public on and for the Province of Rizal, per Doc. No. 1776; Page No. 14; of his Notarial Register No. XLIX, Series of 1977; xxxThat as a result of said partial partition, the properties affected were actually partitioned and the respective shares of ea ch party, adjudicated to him/her; That despite the execution of this Deed of Partial Partition and the eventu al disposal or sale of their respective shares, the contracting parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share alike and received equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the last lot covered by the Deed of [P]artial [P]artition above adverted to shall have been disposed of or sold and the proceeds thereof equally divided and their respective shares received by each of them. † This Memorandum Agreement was registered and annotated in the titles of the lands covered by the Deed of Partial Partition. Subsequently, the same parties caused the consolidation and subdivisions of the lands they respectively inherited from the late Delfin I.Cruz per Deed of Partial Partition. After that, they registered the Deed of Partial Partition and subdivision plans and titles were issued in their names. In the case of Nerissa Cruz Tamayo, the following titles were issued to her in her name: TCT No. 502603 (Exhibit A), TCT No. 502604, (Exhibit B), TCT No. 502605 (Exhibit C), TCT No. 502606 (Exhibit D), TCT No. 502608 (Exhibit E), TCT No. 502609 (Exhibit F), TCT No. 502610 (Exhibit G), hereinafter called the lands in question. Naturally, the annotation pertaining to the Memorandum Agreement was carried in each of said seven (7) titles and annotated in each of them.Meanwhile, the spouses Eliseo and Virginia Malolos filed Civil Case No. 31231 against the spouses Nerissa Cruz -Tamayo and Nelson Tamayo for a sum of money. The Court of First Instance of Rizal, Branch XVI (Quezon City) rendered a decision of June 1, 1981 in favor of Eliseo and Virginia condemning the spouses Nerissa and Nelson Tamayo to pay them P126,529. 00 with 12% interest per annum from the filing of the complaint plus P5,000. 00 attorney’s fee. After the finality of that decision, a writ of execution (Exhibit J) was issued on November 20, 1981. Enforcing said writ, the sheriff of the court levied upon the lands in question.On June 29, 1983, these properties were sold in an execution sale to the highest bidders, the spouses Eliseo and Virginia Malolos. Accordingly, the sheriff executed a Certificate of Sale (Exhibit K) over – ‘†¦ all the rights, claims, interests, titles, shares, and participations of defendant spouses Nerissa Tamayo and Ne lson Tamayo.. ’ Nerissa Cruz Tamayo failed to exercise her right of redemption within the statutory period and so the final deed of sale was executed by the sheriff conveying the lands in question to spouses Eliseo and Virginia Malolos.The Malolos couple asked Nerissa Cruz Tamayo to give them the owner’s duplicate copy of the seven (7) titles of the lands in question but she refused. The couple moved the court to compel her to surrender said titles to the Regis ter of Deeds of Rizal for cancellation. This was granted on September 7, 1984. But Nerissa was adamant. She did not comply with the Order of the court and so the Malolos couple asked the court to declare said titles as null and void.At this point, Adoracion Cruz, Thelma Cruz, Gerry Cruz and Arnel Cruz entered the picture by filing is said lower court a motion for leave to intervene and oppose [the] Maloloses’ motion. The Cruzes alleged that they were co-owners of Nerissa Cruz Tamayo over the lands in question. On January 18, 1985, said court issued an Order modifying the Order of September 7, 1984 by directing the surrender of the owner’s duplicate copies of the titles of the lands in question to the Register of Deeds not for cancellation but for the annotation of the rights, interest acquired by the Maloloses over said lands.On February 17, 1987, Adoracion, Thelma, Gerry and Arnel Cruz filed Civil Case No. 961-A for Partition of Real Estate against spouses Eliseo and Virginia Malolos over the lands in question. As already stated in the first paragraph of this Decision, the court a quo rendered a decision in favor of the plaintiffs from which the defendants appealed to this court, x x x x . † Ruling of the Court of Appeals For Respondent Court, the central issue was: â€Å"Did the Memorandum of Agreement [MOA] (Exhibit H)[7] revoke, cancel or supersede the Deed of Partial Partition [DPP] (Exhibit 2)? [8] If so, then petitioners and Spouses Tamayo were co-owners of the land in issue, and partition should ensue upon motion of the former; if not, then the latter are its absolute owners and to partition should be made. Respondent Court resolved the above question in the negative for the following reasons: First, the DPP was not materially and substantially incompatible with the MOA. The DPP conferred absolute ownership of the parcels of land in issue on Nerissa Cruz Tamayo, while the MOA merely created an obligation on her part to share with t he petitioners the proceeds of the sale of said properties.Second, the fact that private respondent registered the DPP was inconsistent with the allegation that they intended to abandon it. Indeed, had they meant to abandon it, they would have simply gathered the copies of said document and then torn of burned them. Third, petitioners were estopped from claiming co-ownership over the disputed properties because, as absolute owners, they either mortgaged or sold the other properties adjudicated to them by virtue of the DPP. Hence, this petition. [9] Assignment of ErrorsIn their Memorandum,[10] petitioners submit the following assignment of errors: â€Å"A. Respondent Court erred in ruling that the Memorandum of Agreement (Exhibit ‘H’) does not prevail over the Deed of Partial Partition (Exhibit 2). B. sale. C. Respondent Court erred in ruling that petitioners can only claim their right to the proceeds of [the] auction Respondent Court erred in ruling that petitioners ar e in estoppel by deed. D. Respondent Court erred in ruling that the registration of the deed of partial partition precluded the petitioners from abrogating it. E.Respondent Court erred when it completely ignored the finality of the order of the Regional Trial Court of Quezon City, Branch LXXXVI as embodied in the decision of the Regional Trial Court of Antipolo, Rizal, Branch 71. † In fine, the resolution of this petition hinges of the following issues: (1) whether DPP was cancelled or novated by the MOA; (2) whether the MOA established, between petitioners and the judgment debtor, a co -ownership of the lots in question; (3) whether petitioners are barred by estoppel from claiming co-ownership of the seven parcels of land; and (4) whether res judicata has set in.The Court’s Ruling The petition is bereft of merit. It fails to demonstrate any reversible error on the part of the Court of Appeals. First Issue: No Novation or Cancellation In their Memorandum, petitioners in sist that the MOA categorically and unmistakably named and covenanted them as co owners of the parcels in issue and novated their earlier agreement, the Deed of Partial Part ition. Petitioners claim that the MOA clearly manifested their intention to create a co -ownership. This is particularly evident in Exhibit 1-B, which provides: That despite the execution of this Deed of Partial Partition and eventual disposal or sale of their respective shares, the contracting parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. † The Court disagrees. The foregoing provision in the MOA does not novate, much less cancel, the earlier DPP.Novation, one of the modes of extinguishing an obligation, requires the concurrence of the following : (1) there is a previous valid obligation; (2) the parties concerned agree to a new contract; (3) the old contract is extinguished; and (4) there is a valid new contract. [11]Novation may be express or implied. Article 1292 of the Code provides: â€Å"In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms [express novation],[12] or that the old and new obligations be on every point incompatible with each other [implied novation]. Tested against the foregoing standards, petitioners’ stance is shattered to pieces. The stipulation that the petitioners and Spouses Tamayo were co-owners was merely the introductory part of the MOA, and it reads:[13] â€Å"That the parties are common co-owners pro-indiviso in equal shares of the following registered real properties, all situated at Taytay, Rizal, Philippines. xxx† xxx xxx xxx That sometime in August 22, 1977, a Deed of Partial Parti tion was executed among us before Atty. Virgilio J.Tamayo, Notary Public in and for the Province of Rizal, per Doc. No. 1796; Page No. 14; of his Notarial Register No. XLIX, Series of 1977;† Following the above-quoted stipulation is a statement that the subject parcels of land had in fact been partitioned, but that the former co-owner intended to share with petitioners the proceeds of any sale of said land,[14] viz: â€Å"That [as] a result of said partial partition, the properties affected were actually partitioned and the respe ctive shares of each party, adjudicated to him/her;That despite the execution of this Deed of Partial Partition and the eventual disposal or sale of their respective shares, th e contracting parties herein covenanted and agreed among themselves [and] to one another that they shall do [sic] hereby bind themselves to one another that they shall share alike and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudic ated in their individual names by virtue of this deed of p artial partition; That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the last lot covered by the deed or partial partition above adverted to shall have been disposed of or sold and the procee ds thereof equally divided and their respective shares received by each of them. xxx xxx xxxThe MOA falls short of producing a novation, because it does not express a clear int ent to dissolve the old obligation as a consideration for the emergence of the new one. [15] Likewise, petitioners fail to show that the DPP and the MOA are materially and substantially incompatible with each other. Petitioners admit that, under the MOA, they and the Tamayo spouses agreed to equally share in the proceeds of the sale of the lots. [16] Indeed, the DPP granted title to the lots in question to the co-owner to whom they were assigned, and the MOA created an obligation on the part of such co -owner to share with the others the proceeds of the sale of such parcels. There is no incompatibility between these two contracts. Verily, the MOA cannot be construed as a repudiation of the earlier DPP.Both documents can exist together and must be so interpreted as to give life to both. Respondent Court aptly explained:[17] â€Å"The Deed of Partition conferred upon Nerissa Cruz Tamayo absolute ownership over the lands in question. The Memorandum of Agreement merely created an obligation on the part of absolute owner Nerissa Cruz Tamayo to share [with] the appellees with [sic] the proceeds of the sale of said properties. The obligation of the owner of a piece of land to share [with] somebody with [sic] its fruits or the proceeds of its sale does not necessarily impair his dominion over the property much less make the beneficiary his co -owner thereof. All in all, the basic principle underlying this ruling is simple: when t he text of a contract is explicit and leaves no doubt as to its intention, the court may not read into it any intention that would contradict its plain import. [18] The hornbook rule on interpretation of contracts gives primacy to the intention of the parties, which is the law among them. Ultimately, their intention is to be deciphered not from the unilateral post facto assertions of one of the parties, but from the language used in the contract. And when the terms of the agreement, as expressed in such language, are clear, they are to be understood literally, just as they appear on the face of the contract. Indeed, the legal effects of a contract are determined by extracting the intention of the parties from the language they used and from their contemporaneous and subsequent acts. 19] This principle gains more force when third parties are concerned. To require such persons to go beyond what is clearly written in the document is unfair and unjust. They cannot possibly delve into the contracting parties’ minds and suspect that s omething is amiss, when the language of th e instrument appears clear and unequivocal. Second Issue: No Co-ownership in the MOA Petitioners contend that they converted their separate and individual ownership over the lands in dispute into a co ownership by their execution of the MOA and the annotation thereof on the separate titles. The Court is not convinced. The very provisions of the MOA belie the existence of a co -ownership.First, it retains the partition of the properties, which petitioners supposedly placed in co -ownership; and, second, it vests in the registered owner the power to dispose of the land adjudicated to him or her under the DPP. These are antithetical to the petitioner’s contention. In a co-ownership, an undivided thing or right belongs to two or more persons. [20] Put differently, several persons hold common dominion over a spiritual (or ideal) part of a thing, which is not physically divided. [21] In the present case, however, the parcels of land in the MOA have all been partitioned and titled under separate and individual names. More important, the MOA stipulated that the registered owner could sell the land without the consent of the other parties to the MOA.Jus disponendi is an attribute of ownership, and only the owner can dispose of a property. [22] Contrary to petitioner’s claim, the annotation of the MOA in the certificate of title did not engender any co -ownership. W ell settled is the doctrine that registration merely confirms, but does not confer, title. [23] It does not give the holder any better title than what he actually has. As earlier observed, the MOA did not make petitioners co-owners of the disputed parcels of land. Hence, the annotation of this document in the separate certificates of title did not grant them a greater right over the same property. Third Issue: Estoppel by DeedRespondent Court found that several deeds of sale and real estate mortgage, which petitioners executed when they sold or mortgag ed some parcels adjudicated to them under the DPP, contained the statement that the vendor/mortgagor was the absolute owner of the parcel of residential land and that he or she represented it as free from liens and encumbrances. On the basis of these pieces of evidence, respondent Court held that petitioners were estopped from claiming that there was a co-ownership over the disputed parcels of land which were also covered by the DPP. Petitioners contend that Respondent Court , in so ruling violated the res inter alios acta rule. Petitioners’ contentions is untenable.Res inter alios acta, as a general rule, prohibits the admission of evidence that tends to show that what a person has done at one time is probative of the contention that he has done a similar as act at another time. [24] Evidence of similar acts or occurrences compels the dependant to meet allegation s that are not mentioned in the complaint, confuses him in his defense, raises a variety of irrelevant issues, an d diverts the attention of the court from th e issues immediately before it. Hence, this evidentiary rule guards against the practical inconven ience of trying collateral issues and protracting the trial and prevents surprise or other mischief prejudicial to litigants. [25] The rule, however, is not without exception.W hile inadmissible in general, collateral facts may be received as evidence under exceptional circumstances, as when there is a rational similarity or resemblance between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. [26] Evidence of similar acts may frequently become relevant, especially in actions based on fraud and deceit , because it sheds light on the state of mind or knowledge of a person’s; it provides insight into such person’s motive or intent; it uncovers a scheme, design or plan; or it reveals a mistake. [27] In this case, petitioners argue that transactions relating to the othe r parcels of land they entered into, in the concept of absolute owners, are inadmissible as evidence to show that the parcels in issue are not co -owned.The court is not persuaded. Evidence of such transactions falls under the exception to the rule on the res inter alios acta. Such evidence is admissible because it is relevant to an issue in the case and corroborative of evidence already received. [28] The relevancy of such transactions is readily apparent. The nature of ownership of said property should be the same as that of the lots on question since they are all subject to the MOA. If the parcels of land were held and disposed by petitioners in fee simple, in the concept of absolute owners, then the lots in question should similarly be treated as absolutely owned in fee simple by the Tamayo spouses.Unmistakably, the evidence in dispute manifests petitioners’ common purpose and design to treat all the parcels of land covered by the DPP as absolutely owned and not subject t o co -ownership. [29] Under the principle of estoppel, petitioners are barred from claiming co-ownership of the lands in issue. In estoppel, a person, who by his deed or conduct has introduced another to act in a particular m anner, is barred from adopting an inconsistent position, attitude or course of conduct that thereby causes loss or injury to another. [30] It further bars him from denying the truth of a fact which has, in the contemplation of law, become settled by the acts and proceedings of judicial or legislative officers or by the act of the party himself, either by conventional writing or by representations, express or im plied or in pairs. [31]In their transaction with others, petitioners have declared that the other lands covered by the same MOA are absolutely owned, without indicating the existence of a co-ownership over such properties. Thus, they are estopped from claiming otherwise because, by their very own acts and representations as evidenced by the deeds of mort gage and of sale, they have denied such co-ownership. [32] FOURTH ISSUES: No Res Judicata On Co-ownership Petitioners argue that the Order (Exhibit J)[33] dated January 18, 1985, issued by the RTC of Quezon City, Branch 86, which had long become final and executory, confirmed their co-ownership. Thus, they claim that Respondent Court’s reversal of the ruling of the RTC of Antipolo, Rizal, is a violation of the rule on res judicata. This contention is equally untenable.The elements of res judicata are: (1) the former judgment was final; (2) the court which rendered it had jurisdiction over the subject matter and the parties;(3) the judgment was on the merits; and (4) the parties, subject matters and causes of action in the first and second actions are identical. [34] The RTC of Quezon City had no jurisdiction to decide on the merits of the present case or to entertain questions regarding the existence of co-ownership over the parcels in dispute, because the suit pending before it was only for the collection of a sum of money. Its disquisition on co-ownership was merely for the levy and the execution of the properties of the Tamayo spouses, in satisfaction of their judgment debt to the private respondents. Perhaps more glaring is the lack of identity between the two actions.The first action before the RTC of Quezon City was for the collection of money, while the second before the RTC of Antipolo, Rizal, was for partition. There being no concurrence of the elements of res judicata in this case, the Court finds no error in Respondent Court’s ruling. No further discussion is needed to show the glaring difference between the two controversies. WHEREFORE, the petition is hereby DENIED and the assailed Decision is Affirmed. Cost against petitioners. SO ORDERED. Davide, Jr. , (Chairman), Bellosillo, Vitug, and Quisumbing, JJ. , concur. THIRD DIVISION [G. R. No. 134559. December 9, 1999] ANTONIA TORRES, assisted by her husband, ANGELO TORRES; and EMETERIA BARING, petitioners, vs.COURT OF APPEALS and MANUEL TORRES,respondents. DECISION PANGANIBAN, J. : Courts may not extricate parties from the necessary consequences of their acts. That the terms of a contract turn out to be financially disadvantageous to them will not relieve them of their obligations therein. The lack of an inventory of real property will not ipso facto release the contracting partners from their respective obligations to each other arising from acts executed in accordance with their agreement. The Case The Petition for Review on Certiorari before us assails the March 5, 1998 Decision [1] Second Division of the Court of Appeals[2] (CA) in CA-GR CV No. 2378 and its June 25, 1998 Resolution denying reconsideration. The assailed Decision affirmed the ruling of the Regional Trial Court (RTC) of Cebu City in Civil Case No. R -21208, which disposed as follows: â€Å"WHEREFORE, for all the foregoing considerations, the Court, finding for the defendant and against the plain tiffs, orders the dismissal of the plaintiff’s complaint. The counterclaims of the defendant are likewise ordered dismissed. No pronouncement as to costs. †[3] The Facts Sisters Antonia Torres and Emeteria Baring, herein petitioners, entered into a â€Å"joint venture agreement† with Respondent Manuel Torres for the development of a parcel of land into a subdivision.Pursuant to the contract, they executed a Deed of Sale covering the said parcel of land in favor of respondent, who then had it registered in his name. By mortgaging the property, respondent obtained from Equitable Bank a loan ofP40,000 which, under the Joint Venture Agreement, was to be used for the development of the subdivision. [4] All three of them also agreed to share the proceeds from the sale of the subdivided lots. The project did not push through, and the land was subsequently foreclosed by the bank. According to petitioners, the project failed because of â€Å"respondent’s lack of f unds or means and skills. † They add that respondent used the loan not for the development of the subdivision, but in furtherance of his own company, Universal Umbrell a Company.On the other hand, respondent alleged that he used the loan to implement the Agreement. With the said amount, he was able to effect the survey and the subdivision of the lots. He secured the Lapu Lapu City Council’s approval of the subdivision project which he advertised in a local newspaper. He also caused the construction of roads, curbs and gutters. Likewise, he entered into a contract with an engineering firm for the building of sixty low -cost housing units and actually even set up a model house on one of the subdivision lots. He did all of these for a total expense of P85,000. Respondent claimed that the subdivision project failed, however, because petitioners and their relatives had separately cause d the annotations of dverse claims on the title to the land, which eventually scared away prospective buyers. Despite his requests, petitioners refused to cause the clearing of the claims, thereby forcing him to give up on the project. [5] Subsequently, petitioners filed a criminal case for estafa against respondent and his wife, who were however acquitted. Thereafter, they filed the present civil case which, upon respondent's motion, was later dismissed by the trial court in an Order dated September 6, 1982. On appeal, however, the appellate court remanded the case for further proceedings. Thereafter, the RTC issued its assailed Decision, which, as earlier stated, was affirmed by the CA. Hence, this Petition. [6] Ruling of the Court of AppealsIn affirming the trial court, the Court of Appeals held that petitioners and respondent had formed a partnership for the development of the subdivision. Thus, they must bear the loss suffered by the partnership in the same proportion as their share in the profits stipulated in the contract. Disagreeing with the trial court’s pronouncement that losses as well as profits in a joint venture should be distributed equally,[7] the CA invoked Article 1797 of the Civil Code which provides: â€Å"Article 1797 – The losses and profits shall be distributed in conformity with the agreement. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. † The CA elucidated further: In the absence of stipulation, the share of each partner in th e profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. † The Issue Petitioners impute to the Court of Appeals the following error: â€Å"x x x [The] Court of Appeals erred in conclud ing that the transaction x x x between the petitioners and respondent was that of a joint venture/partnership, ignoring outright the provision of Article 1769, and other related provisions of the Civil Code of the Philippines. †[8] The Court’s RulingThe Petition is bereft of merit. Main Issue: Existence of a Partnership Petitioners deny having formed a partnership with respondent.

Personal Statement for MSc Information Systems

I believe that I am an ideal candidate to be considered for admission to the Manchester Business School’s Masters in MSc Information Systems: e-government program as I possess all the qualities needed for me to become successful in my future career. At present, I am at my final year at the University of Manchester taking up BA in Accounting and Economics, where I have consistently maintained my position as one of the top students in class. My grade is 60% or 2.1, which basically meets the requirements of program, and I intend to also get a grade of 2.1 in my examinations on May and June so that I would be placed in the Second Upper Class. In this regard, I believe that my grade more than speaks for itself as it shows that I am a highly competent student who would be able to meet and even surpass the high standards of the school’s MSc Information Systems: e-government program. Furthermore, I believe that the Manchester Business School’s Masters in MSc Information Systems: e-government program is one of the most competitive courses in the country and would no doubt help me attain my goal of being an expert in Information and Technologies (ICT) design and deployment in the context of an e-government. In addition, I also believe that the program has an in-depth curriculum that would not only help me comprehend the new trends and developments in ICT, but also enable me to critically analyze and address e-government issues which are related to various Information Systems. In short, after completing my degree in the program, I believe that I would definitely be well-equipped with the vital skills and fundamentals that would allow me to become highly adept in Information Systems of the e-government. In addition, since the program basically deals with the study of electronic or online government information systems that communicate with the people, I would also be able to learn essential information about the government and in effect, improve the delivery public service online. In other words, I believe that the course would allow me to be able to contribute to the betterment of society in my own little way. Moreover, if I am fortunate enough to be accepted into the Manchester Business School’s Masters in MSc Information Systems: e-government program, I believe I would no doubt be a highly valuable asset to the school as I have a good background on Information Technology and other computer-related courses. I have already taken up a Management Information System module last year and I am currently taking up Computerized Accounting System so I believe that upon my entry to the program I will already be equipped with the necessary skills and basics on Information Systems. However, I believe that what sets me apart from the rest of the applicants is my ability to keep up with and adapt to the constantly growing trends of technology, particularly, in Information Systems. I believe that this ability would enable me to fully understand the lessons I would be learning in the program and would help me apply my knowledge on various e-government issues regarding Information systems. Aside from my ability, I am also a person who always shows enthusiasm to learn new things. I believe that this is important in my career as it would help keep up with the fast growing pace of technology. In this regard, I believe that the ideal place for me to learn is at the Manchester Business School’s Masters in MSc Information Systems: e-government program, where I would be receiving the best education possible. In short, my various experiences, my extensive background on Information Systems, and most of all, my adaptability to new trends would no doubt enable me to make an impact on the school. If I am admitted, I would do my best and strive hard to become a highly-skilled and highly competent specialist in Information Systems of e-governments. Â   Â  

Annotated Bibliography on Virtual Classroom for Middle School Research Paper

Annotated Bibliography on Virtual Classroom for Middle School - Research Paper Example Generally, the findings of the study showed online learning are user-friendly and cost-effective. This study would be useful in this study, as it would supply resourceful insights to expand the critical dimensions of the study. Peterson, P., E. (2010). Saving Schools: From Horace Mann to Virtual Learning. New York: Harvard University Press. This book explored the subject of virtual learning within the overall perspective of the historical development of the American education system. The book analyzed the efforts of change advocated by prominent reformers from the eighteenth century to the current period. One general observation that the study makes is that the reform efforts did not yield the desired results as originally intended by the reformers. For instance the book argues that the falling standards of America’s education system is a result of the cumulative effects of past reform efforts. However, the study concludes that virtual learning has the potential of reversing t he damage done on the American education system. This source would be resourceful in analyzing the possible opportunities and pitfalls of virtual learning. Kupczynski, L., Mundy, M., A., Goswami, J., Meling, V. (2012). Cooperative Learning in Distance Learning: A Mixed Methods Study. International Journal of Instruction, 5, (2), 81-90. This study sought to determine the efficacy of cooperative learning within virtual settings. The study was conducted at a Hispanic Serving Institute. The study compared between the traditional forms of online learning and online cooperative learning on the score of effectiveness. The study consisted of 56 participants. Both qualitative and quantitative methods were used in the study. Regarding the quantitative results, the study established that there was no significant difference in performance between students from the traditional online approaches and those in the online cooperative learning category. However, qualitative results of this study show ed that a significant percentage of the respondents in the cooperative learning category were more satisfied than those in the traditional forms of online learning. The relevance of this source to the study is to be determined from the score of comparisons between the different forms of virtual learning in relation to its relevance in grade school. Sun, K. (2005). A study on learning effect among different learning styles in a Web-based lab of science at elementary schools. Advanced Learning Technologies. 80-82 This study sought to investigate the value of virtual learning within the field of science at the elementary level. The study involved a comparison of between two groups in a laboratory learning session. The intervention group was subjected to a web-based program of learning while the control group was limited to conventional forms of laboratory learning. The results showed that students from the web-based learning program showed better results than those in the conventional methods. The results also showed that the virtual learning model was suitable for different forms of learning. Further, the results of the study indicated that a majority of the students preferred to be subjected to the web-based models of learning than the other forms of learning. A significant majority expressed their displeasure in the exclusive use of the textbook model of teaching and argued in favor of

Peopel Mangment Essay Example | Topics and Well Written Essays - 2250 words

Peopel Mangment - Essay Example This paper approves that it is clear from the above discussion that diversity has a number of dimensions and has a major impact on the overall position of women in the workplace. Promoting gender equality is a growing trend and the various equality and diversity policies adopted by companies clearly impact women and assist them in gaining better positions and also job profiles which fit their skills set. Here the principle of human rights is to provide basic equal treatment to individuals from different groups. The main aim of all human resources across different companies is to ensure that the inequalities within the groups are reduced and women as well as men are given the same treatment, without any form of bias or distinction. This essay makes a conclusion that one of the main areas of focus across the world has been on the need for reducing discrimination against women. Hence it can be concluded that the various equality and diversity policies that have been developed over the years clearly have a strong impact on women and in most cases this is a positive influence. Nevertheless a few companies, despite all the laws and regulations, have not been able to effectively ensure that women are given their rights and that job selection, recruitment and retention are based on the skills set and not gender. Even so, the overall impact of the equality and diversity policies is clearly been extremely effective and has proven to be very successful across the world.

Arguments for and against Abortion Essay Example | Topics and Well Written Essays - 500 words

Arguments for and against Abortion - Essay Example According to her, killing a human being is wrong. However, a fetus does not qualify to be a human being because it does not have consciousness (Ford, 2002). She observes that to qualify as a human being, the concept of consciousness must be present. Therefore, since a fetus does not feel pain, it cannot be regarded a human being. Therefore, removing a fetus is not killing a human being. Thus, according to her, abortion is not wrong (Ford, 2002). Secondly, Mary Anne Warren argues that a human being must possess the capacity for reasoning and self-motivated activity (Ford, 2002). Therefore, a human being must be able to solve existing or new problems on their own. Additionally, a human being must be able to make independent decisions, without any genetic or external control (Ford, 2002). Thus, considering that a fetus does not have the capacity to solve problems on its own, and considering that a fetus does not have the ability to make independent decisions that are devoid of external control, then, it does not qualify to be a human being. Therefore, removing a fetus from the womb of a woman is not killing a human being (Ford, 2002).

Integrated Marketing Communications Management of Red Bull Essay

Integrated Marketing Communications Management of Red Bull - Essay Example This research will begin with the statement that private label market is steadily expanding the world over. In the USA, the private labels have also been growing at a significant rate. Although the growth is relatively slower in gaining the market foothold in comparison to the European nations such as in Britain and Portugal. Since 2003 the private label in the United States has increased by about 60%, compared to 23% growth rate for the overall US retail drinks and food industry. As a result, the percentage of the market value that the private labels account for is19% up from about 15% in 2003. Red Bull Canadian market share is approximately 50% and the sales are about $ 22 million. The annual retail revenue is $ 44 million. Red bull manufacture distributes and markets its products in over 120 countries worldwide with a global profit sales amounting to $2 billion per year. The US market share is estimated 46% with a retail sales turnover of $US248 million. In the beverage market, Re d Bull has a tremendous success that earns it to be a brand leader in the industry. The company sees itself as an â€Å"anti-brand† company receiving unrelenting praise from its loyal customers. In addition, Red Bull sponsors numerous sports events, teams, and sportsmen such as the current sponsorship of World Car, Rally Championships, and world motorsport competitions. In these competitions, Red Bull sponsors three teams namely Red Bull Racing, Scuderia Toro and Rosso Racing all of which Red Bull is the highest owner.

Nike Globalization Essay Example | Topics and Well Written Essays - 750 words

Nike Globalization - Essay Example Being the famous global sports brand, Nike is very much impacted by the changes that have been taking place in the global economic environment. This essay includes the discussion regarding the impact of globalization on Nike and its strategies. Task 1 Globalization is the key force that has changed the business scenario throughout the world significantly. Globalization which may be considered as the integrated internationalization of organizations as well as markets has impacted the corporations both positively and adversely. Today products are not manufactured for domestic customers only rather they are produced for the customers who are spread throughout the world. The world wide accessibility of internet, significant improvements in supply-chain logistics have led to a situation where companies can locate themselves anywhere in the world (Wheelen & Hunger, 2010). On the flip side, organizations have experienced the adverse effect of globalization as well. For instance, the mortgag e crisis that took place in US became a global financial crisis due to the integration of the financial systems of various countries and this integration is actually the result of globalization (Wheelen & Hunger, 2010).... However, original products of Nike are not available everywhere, instead of that products that are actually produced by the company’s franchisees are sold by using the Nike’s logo and its brand equity (Businessteacher, n.d.). Nike has been adopting strategies that are in accordance with the changes in the global business scenario. The company’s initial strategy was to gain competitive advantage in US by selling premium quality athletic shoes that are available at low cost. The company developed its production facilities in Japan so that manufacturing cost remains low (Saloner, Shepard & Podolny, 2008). With its products that are manufactured at reasonably low cost while not disturbing the desired level of quality, the company has been successfully dominated its main target market i.e. US. Once, enough brand equity and competitive advantage are gained in US, the company started to shift its focus on the other markets like Europe and Asia. Furthermore, when the pro duction cost in Japan started increasing Nike began production in countries like Korea, Thailand and Indonesia. In this way the company has successfully created an exclusive brand image in Asia as well (Saloner, Shepard & Podolny, 2008). Throughout its journey, Nike has properly identified and understood various aspects of globalisation and adopted strategies accordingly. Task 2 Globalization has both benefitted as well as affected the Nike’s brand image. Globalization has enabled the company to shift its production facilities from one country to another in search of ‘low cost resources’ and ‘economies of scale’. In other words, globalization has helped Nike to gain and sustain its competitive advantage in US by

Training and Appraisals Case Study Example | Topics and Well Written Essays - 750 words

Training and Appraisals - Case Study Example Questionnaires can also be used in this process. During the course of a weekly job role, it is understood that employees interact with different members of the organization routinely and therefore many dimensions of their attitude, motivations and competency are known by others in a way that is not by the manager in charge of their job. This is why many businesses choose the 360 degree system for feedback as it gives a much clearer picture of the productivity levels and professionalism being displayed by the employee as they perform their job role. By including customers, which is sometimes done in this process, they can understand whether performance and professionalism targets are being met efficiently in relation to customer service. Customer service is often one of the most important competitive advantages that a business can have, therefore inclusion in the evaluation process has many advantages to the business. One health care organization utilizes questionnaires in development of the 360 degree system in order to provide clarity about each job role being assessed and analyzed. In this process, â€Å"employees negotiate with their manager who their reviewers will be and are advised to select as broad a range as possible from people they work with on a regular basis† (Carmichael, 2009, p.74). Interesting to this approach is the ability to choose another individual in the organization that they feel could use relationship improvement to act as an evaluator (Carmichael). By doing this, they ensure that non-biased assessments are conducted to provide as much accuracy as possible. There are critics of the 360 degree feedback system that believe employees â€Å"game† the system, meaning that they will create social agreements about rating information as a form of â€Å"mutual back scratching† (Maples, Harris & Greco, 2010, p.2). This is why there should be a non-biased person involved in the process to ensure that questionnaires and other f eedback is provided as accurately as possible and identify when bias might be present. However, despite this criticism, many companies find success in these efforts and are able to have a clearer picture of what is actually happening in the employee environment when their managers/supervisors cannot be present to observe all daily functions. Alliance Unichem Alliance Unichem operates in a very diverse, multinational and multi-cultural environment with a workforce of approximately 30,000 people nationwide. Business representatives in this company work with customers in Belgium, Greece, Turkey, Norway and Spain (to name only a few countries). After a merger occurred, the company had considerable trouble merging diverse cultures due to the many different social and cultural backgrounds of its many employee demographics. To help facilitate cultural integration, Alliance Unichem chose to launch the 360 degree feedback system. By gaining cross-cultural perspectives as external and interna l peer and management ratings, the company was able to identify key opportunities for understanding cultural principles in each region of operations. The feedback provided from

Love - And Its Portrayal In Literature Research Paper

Love - And Its Portrayal In Literature - Research Paper Example It is an emotion felt when one makes himself vulnerable to the idea of being loved by someone else. It is full of regard and affection for another person; love is not love until it is for someone, however in many cases love is used selfishly in order to get past certain obstacles in life. All over the world, throughout times immemorial, love has been a very vivid and stark feeling portrayed everywhere. Some people that are in love with each other are not afraid to show it, they in fact engage in being affectionate each other wherever they are, without caring about the rest of the world or societal norms. However, there are some people that are not so open about their love; they feel constricted in a manner that they are not aware of how to show their feelings to others because they are afraid of being judged by others. Love is not something that can be judged by someone who is not feeling it. Those who do not open themselves to the idea of love will not be able to know how to feel it . Love is not a closed feeling, it can be towards anything. A person starts learning how to love with the help of the family and environment he grows up in. Being loved is not about having both parents or many siblings; it is in fact about how a person is able to learn to love whatever family he is born into, and whatever the circumstances might be. It is about adapting to someone else’s needs and habituating oneself beautifully in a manner befitting ease. According to the Bible: Corinthians Chapter 1, 13:4-7, â€Å"Love is patient, love is kind. It does not envy, it does not boast, it is not proud. It is not rude, it is not self-seeking, it is not easily angered, and it keeps no record of wrongs. Love does not delight in evil, but rejoices with the truth. It always protects, always trusts, always hopes, and always perseveres. Love is like air. You can't see it, but you can feel it.† Since the time of Adam and Eve and the apple on the tree, a new feeling is said to hav e arisen in the world in the form of love and its other aspects. The two felt ashamed of being around each other completely naked, because they started developing feelings for one another. Adam and Eve have been said to try and cover themselves from one another all of a sudden after eating the sacred fruit because they realised that a man and a woman have the capacity to be able to love each other and try and impress the other in order to be loved back by them. In all aspects of life, one is able to find love. It could be with anything, and for anything. Children love their parents, and as they grow older into teenagers and adolescents, they begin loving other people around them. As one gets to know more and more people, he understands truly the effect love and friendship can have. To be loved by someone is a true boon gifted to all of mankind by God. Having someone care for you and love you when the entire world seems to be against you is a feeling people will know only if they ope n their hearts and let themselves be loved. Along with love comes trust and commitment; these are responsibilities that people should be willing to accept if they want to be in love and love another person. In love, a person gives his or her heart away to another person, and in turn the other should take care of that heart and not cause it to break. In giving away such a large part of one self, a person thrusts a large amount of trust on the other. Many people say that love in the 21st century is not like it used to be earlier. In this modern era of technology, people have a habit of falling in love with the idea of love as they ‘hook up’ with any random person over the internet and with a few exchanges of niceties, ‘fall in love’

How technology has affected you as a translator Essay

How technology has affected you as a translator - Essay Example The work can easily be sent and received across the cultural and natural borders. The translator may work for its clients from anywhere in the world. The market for the translator is not just limited to their own city or country. However translation is still considered to be a service whose dependence is based on high degree of trust between the translators and their clients. The translator may receive his high pay work mostly from the unseen clients living across the borders, as fees paid to the translators in different countries may vary, however the translators still believe that the best clients are made face to face. Technology has made the distribution of the large translation jobs quite easy between the intermediaries. Suppose if the client wants to market its product in 15 other languages, they would simply hire a marketing company. It is the job of the marketing firm to hire different brokers who then assign this job to a number of translation companies that further allocate the task to the translators that are often are freelancers. In such a case the company is usually paying at least three times more of what the freelance translator receives. However if the company directly assign the task to any freelancer then it be an advantage for the company as well as the freelance translator, as the company will be paying less for the same job and the translator will be receiving more. Technology has played a significant role in increasing the benefits for the translators; however the various consequences of the electronic communication have also increased the security risk. Translators are usually working on the material that is out of the public domain. This is what makes trust such an important factor in this business. Therefore while sending and receiving a file the translator must be aware of secure FTP, various forms of zipping and of encoding. There is no

Of Mice and Men Essay Example for Free

Of Mice and Men Essay Explain how Steinbeck presents the character of crooks in of mice and men. What is the significance of his role? Explain how Steinbeck presents the character of crooks in of mice and men. What is the significance of his role? In the novel Of Mice and Men John Steinbeck, the author, uses the character of Crooks to represent racism and show the marginalization of the black community occurring at the time in which the novel is set (1930’s). Crook provides the reality of the Jim Crow law and the feelings of all the ranchers: their loneliness and need for company. We first hear of the Name Crooks when Candy calls him a nigger, this is meant as a white insult, in 2013 this would of be seen as racism and unacceptable. Candy also mentions Christmas when crooks had a fight with smitty. ‘So he took after the nigger, done pretty good too. The guys wouldn’t let him use his feet, so the nigger got him’ this implies that the term nigger is acceptable at the time period is in the 1930s during the Depression era and is what they would. The term nigger is used by most of the ranchers, Steinbeck proves that the term is used originally and black people were seen as unworthy. Crooks got his name from his crooked back,† this was from when he had a horse kicking him in the back. John Steinbeck describes Crooks room as a â€Å"little shed that leaned of the wall of the barn† Steinbeck uses the phrase ‘’leaned’’ this is explaining the conditions or his room and how he had to live even the fact that he has to live with horses when the other men have a bunk house and get to play cards and sleep in appropriate beds show that crooks was treated differently. Steinbeck also uses the description of ‘Crooks bunk was a long box filled with straw, Steinbeck uses this to show that he had a completely different way of living unlike the white men in the bunkhouse as they slept in proper beds on the other hand he also tells us about crooks possessions, â€Å"battered magazines and a few dirty books’’, ‘’tattered dictionary’’ this Is another way of showing how passionate he is about his rights and how much he reads. ] He mentions to lennie after their argument about George that when he was a kid he lived on a farm with chickens and had a strawberry patch and fed them alfalfa it looked almost like George and lennies real American dream. Crooks gets judged by the whites at the ranch. As he says â€Å"If I say something, why its just a nigger sayin it and this shows his anger at being pushed to the side. Being judged has made him look cruel, but also has turned him into a man who needs sympathy. Crooks confront Lennie and say You got no right to come in my room.. You go on get outa my room. I aint wanted in the bunkhouse and you aint wanted in my room. He’s trying to show Lennie that black people are segregated to white people and treated completely different he owns ‘Californian civil code ‘he is desperate to knows his rights as it says the verb ‘mauled copy’ this also shows when he uses mauled it’s the state of the book that its ripped and in a state because he has spent so much time to read the book. Steinbeck uses crooks in a full chapter to show to the reads how important the character crooks was to him and the significance of his roll we can tell by reading this chapter how much he wanted to get his point across about racism in his time, This gives us a feeling of sympathy for crooks because he was on his own in the barn, This is because of the other ranchers was racist and segregated. In a section in the book Steinbeck mentions were Curleys wife comes in and argues with crooks because crooks lashed out she threatened to get crooks lynched Steinbeck uses this part to show even the hated of them all can get a black person

Effect of Middle level managers on Employee Turnover

Effect of Middle level managers on Employee Turnover Abstract Management at any organization can be classified into three levels and they are Top level, middle level and low level management. Each level of management has its roles and responsibilities to be executed for the better functioning of the organization. Middle level mangers play a key role in any organization. They are point of contact for many of the resources across the top level and low level management. There were many cases where high level management contacts the middle level mangers for several operational issues with low level management and even low level management has made the middle level managers as the single point of contact in order to resolve their issues. Usually the job profiles in middle level management differ based on the organization structure and number of employees operating in a particular division. There were many research and theoretical aspects, that has proved middle level management has nothing to do with turnover of an organization. This particular turnover is not and no where related to revenue terms and this entire discussion is based on the turnover of employees and their work done. Here, we can review an article â€Å"Effect of Middle level managers on Employee Turnover† published by Mr. Morgen S. Johansen. In this particular article author mainly concentrates on High level and middle level manager and their impact on the overall employee satisfaction that results in the turnover of the organization. This review is published in â€Å"Department of Political Science, Texas AM University†. The results and their impact are discussed in the public management literature. Introduction Public management is a vast subject and if any one is interested in studying this particular subject, the most important area to be concentrated is the relationship and level of interactions between mangers and workers, and the result of work done which is affected by their levels of interactions.(Frederickson and Smith 2003, p98 ). After much research, the most important aspect came in to light is that, maximum study of public management is concentrated on the relationship between management activities and output of work and has neglected the relationship between management and workers (Meier and OToole 2002, 2001; Goerdel 2006; Brewer and Selden 2000; Walker and Boyne 2006; Moynihan and Pandey 2005; see also Lynn, Heinrich, and Hill 2001; although see Ingraham, Joyce, and Donahue 2003). This particular negligence of management on employees has become the main drawback and is affecting the organization performance a lot. The management should understand this effect of performance on organization turnover and proper steps are required to get rid of these activities. Lack of attention on workers may definitely affect the employee performance. A deep focus on relationship between management and workers is required to understand the few aspects like whether management is effecting the employee performance or employee performance is effecting the management. To concentrate more on this, the basic management activity like Human Resource can be considered, as it is the core functionalitys of any management (Daley 2005). Typical management activities include providing better workplace needs, recruiting right resources, training them to develop their skills and finally motivating and encouraging them in many aspects (Ingraham, Joyce, and Donahue 2003). In simple words Human Capital can be considered as biggest asset of any organization. Short Literature Review As per the previous discussion, Human Resource can be considered as the biggest asset of any organization and maintaining it effectively will always result a positive impact on both employee and organization performance (Ingraham, Joyce, and Donahue 2003;Daley 2005). According to Author, for better understanding of relationship between management and work outcomes, one should concentrate on the missing term i.e. Workers. Thus, in determining how management matters, the question becomes, what effect does management have on workers? In order answer these questions, author mainly concentrated on the effect of management on the turnover of street level. Turnover has a major role in building the organization performance. As per author, turnover is directly related to work satisfaction and this particular work satisfaction from workers side is essential for any organization for its effective operations and performance. Workers may not perform well and in some cases, they may leave the org anization, if the work or job satisfaction is not up to the level. All these factors make turnover as a bad thing for any organization and should be managed properly (Mobley 1982). Consequences and causes of Turnover As per author reviews, high turnover always poses a negative impact on organization performance (Meier and Hicklin 2008; Brill and McCartney 2008). Turnover has much importance, as it could be considered as the main factor that affects the costs in many aspects like lost recruiting, interviewing, training, and socialization investments (Mobley 1982). Apart from all these factors, turnover can also affect the morality of any company (Rainey 2003) and can cause a huge of scope of disturbance is in the smooth flow of the organization like social and communication platforms (Mobley 1982). Economy, inflation and labor force composition can be considered as external cause, that cant be controlled with in management. Several organization factors also effects the turnover and few of them are size of organization and each department, work pressures and salary (Mobley 1982). The compensation workers receive is a strong predictor of turnover (Mobley 1982; Moynihan and Pandey 2008; Selden and M oynihan 2000; Theobald 1990). Workers should be at a satisfaction level of their pay. This particular satisfaction can be measured with respective to their cost of living and the work place conditions. Even the fiscal resources of the organization affect the turnover. The fiscal resources of an organization matter because an organization with more resources is more likely to provide supplies, training, and other resources that better enable workers to do their jobs. Apart from these, there were many individual factors that effect the turnover and one among them is the work satisfaction (Nigro, Nigro, and Kellough 2007 ), for all these managers are responsible for building up the confidence levels and turnover too. Methodologies and drawbacks The basic methodology implemented by author is to study the relationship between management and workers and their total effect on the turnover. He has collected data from many aspects and concluded that middle level management poses a negative impact on the turnover. Turnover and Management Turnover is something that must be managed (Mobley 1982). The impact study of Human resource management can be considered as the best among the methodologies used by author to explain the turnover. HR management is directly related to job satisfaction and it strongly influences the organization performance (Mobley 1982; Riccucci 2005). In simple words, management can impact the job satisfaction, as mangers are the key persons who can make the workers not to dissatisfy (Riccucci 2005). Job satisfaction can be considered as a typical measurement factor, that how an organization body behaves and treats the employees (Mobley 1982; Morrell, Loan-Clarke, and Wilkinson 2001). Hiring the right persons, who can adjust to the organization environment and worker, is the primary task of any manager. Moreover, the support workers have from management (Parker 2002; Moynihan and Pandey 2008) also matters. Apart from HR management, budgeting also effects the job satisfaction of employees (Donahue et al. 2004). As per author methodology, there is a very tight relation between pay of the organization and turnover (Mobley 1982; Moynihan and Pandey 2008; Selden and Moynihan 2000; Theobald 1990). Managers are responsible here because, they were the key persons t decide the word on budgeting and many other aspects like distributing the available budget to several departments, employee salaries and reserves etc (Gulick 1937; Mintzberg 1979; Donahue et al. 2004). Drawbacks and un-answered questions on this methodology Author has given an excellent discussion, on the relationship between mangers and covered all important aspects of management activities. Apart from the positive aspects, there were many aspects author could not cover and few questions that were un-answered, and few of them are discussed below †¢ Author has missed to clearly explain the exact level of management that was affecting the turnover and job satisfaction. He always refers that it the responsibility of management, but no where he mentioned that middle level mangers are responsible and this does not fit as per the article title. †¢ Human resource management is directly focused in this article. Even there were many cases, where HR is not morally responsible for job satisfaction. The best example could be, even there exists a separate policy to motivation and job satisfaction, the attitude of any single employee can effect the entire division. †¢ There were no special case studies included, where the author can support that budgeting can effect the job satisfaction. Even a good budget can meet the requirements of workers. Multi-level management The second methodology considered by author is the important aspect and is Multi-level management. In a multinational organization, there could be always a scope for multi levels of management. At each level there are different managers with their own roles and responsibilities (Riccucci 2005; Lynn, Heinrich, and Hill 2001). Thus, to really determine if management affects workers, we need to look at managers at more than one level and their effect on street level bureaucrats. So, they can directly effect the salaries and the respective job satisfaction with respective to the pay outs. Organization goals are also set by top level management and as per first hypothesis of author â€Å"Hypothesis 1: Upper level managers will have an impact on turnover†. Apart from Upper level manger, middle level mangers are also responsible for many factors that directly affect the turnover. This is because; middle level mangers are the key persons, with whom the low level managers and workers are in contact (Mintzberg 1979; Barnard 1938). As middle level managers are close to workers, all the issues related to worker job satisfaction are directly influenced by middle level managers and thus author concludes his second hypothesis as â€Å"Hypothesis 2: Middle level managers will have an impact on turnover †. Drawbacks and un-answered questions on this methodology Author has justified the classification of levels in management in an organization and their respective impact on the job satisfaction and turnover. Apart from these, there were many points that were missed and few of them are highlighted below: †¢ Author could have classified the roles and responsibilities of different management levels, but failed to explain their respective level of impact on the overall job satisfaction. †¢ There was no percentages sort of things, like what percentage of upper management affects the turnover when compared to middle level management. †¢ Again the focus has been divided among upper and middle level mangers, but there is no special theory that could explain the view of author, that only middle level management has imposed negative effect on turnover. Organization size The third and most important methodology considered by author is the Organization size. Organization size badly affects the turnover of any organization and this is due to the reasons that big organizations are designed in a critical and more complicated manner (Rainey 2003). Considering all these reviews, author concludes that smaller organization pose more negative results on turnover when compared to larger organizations and came up with his third hypothesis on this as â€Å"Hypothesis 3: Management will have an impact on turnover in smaller organizations but not in larger organizations.† But when inner details are considered and also in ideal cases, even there exists many issues that effect the turnover with HR managers and this does not support the third hypothesis and author has came up with his fourth hypothesis as â€Å"Hypothesis 4a: In large organizations, upper level management will have an impact on turnover †. As already discusses by author, upper level ma nagers are always responsible in setting high level standards like budgeting and financial issues. But if a smaller organization is considered, both the upper level and middle level managers are responsible and author came up with newer version of his hypothesis as â€Å"Hypothesis 4b: In small organizations, upper level and middle level management will have an impact on turnover †. Drawbacks and un-answered questions on this methodology In this particular methodology, author has came with good hypothesis on the organization size and its relation with upper and middle level management, apart from these, there are many issues with his and few of them are discusses below †¢ As per author, organization size effects the turnover and here he could not explain the how the organization size is effecting the job satisfaction of employees. †¢ Author has mixed his hypothesis with the previous methodologies and could not justify the hypothesis as it was done in the previous case. †¢ Again upper level and middle level management were brought into picture, but no justification was done how, only middle level managers are responsible for turnover of employees. Review and critics on methodologies followed When the employee turnover does become complicated? Author could not to able to explain the intensity of effect caused by the employee turnover. As per the review of author, he could not explain the range of turnover tolerable in any organization. There were cases, where employee turnover can positively affect the organization performance and author could not cover the positive side of this article. (http://www.cipd.co.uk/subjects/hrpract/turnover/empturnretent.htm) How to measure employee turnover? Author is successful in explaining the levels of management and their effect on turnover, but failed to explain the methodologies adopted to measure the employee turnover. The best way to measure this employee turnover is as below (Total number of leavers over period/Average total number employed over period) * 100 (http://www.cipd.co.uk/subjects/hrpract/turnover/empturnretent.htm) Author could not justify the reasons for which the employees leaving the organization and special definition is derived for this. How employee turnover does effects the cost to organization? Author could not explain the effects of employee turnover on the cost perspective of any organization. As per this article, middle level mangers are posing negative employee turnover rates, and let us the actual ones as below The following are the cost terms to be measured †¢ recruiting costs †¢ training cost †¢ administrative costs †¢ induction costs If one can observe these cost factors, all these are related to middle level managers and at the same time, cost cutting activities are no where related to middle level management and directly related to upper level of mangers, as they are responsible for budgeting issues. Thus even HR activities and their impact on employee turnover are related to upper level management indirectly and could not justify the authors review discussion. (http://www.cipd.co.uk/subjects/hrpract/turnover/empturnretent.htm) Why do people leave organization? Usually employees resign, to the job because of many reasons like getting a good offer and may be due to many personal reasons. All these are missing in authors discussion, where he just concentrated on the management defects. How to retain employees? Author is successful in explaining the bad affects of employee turnover, and failed to give methods to retain the employees. When coming to management side, even they are responsible to retain the employees and this part is completely missed in authors review of the article. (http://www.cipd.co.uk/subjects/hrpract/turnover/empturnretent.htm) Lack of any survey reports Author has missed the practical implementation of things. He could have managed to explain the hypothesis derived by him, and failed to submit any practical reports on his discussions. The actual survey reports may not be in synch with authors discussion and few of them can be downloaded from the below referred URL (http://www.cipd.co.uk/subjects/hrpract/turnover/empturnretent.htm) How to prevent turnover? Author could not explain and suggest any preventive mechanisms for low employee turnover rate and few of them can be found under (http://en.wikipedia.org/wiki/Turnover_(employment)) Arent Middle level managers employees in an organization? Author has concluded that middle level managers are more responsible for high employee turnover. Here, he has just failed to explain, if the job satisfaction of middle level mangers is low, even there are chances, where they may skip the organization and he could not suggested how upper level managers are responsible in retaining the middle level employees. Conclusion Employee turnover, which is rate of gaining or loosing the employees in an organization (http://en.wikipedia.org/wiki/Turnover_(employment)) has become major disadvantage for many organizations and there were many factors to cause this. The most important aspects to be considered are the management issues (Riccucci 2005). Different levels of organization have their own impact on employee turnover these days. As per discussion on the review part, it the middle level mangers, who effect the employee turnover of the organization. There were multi-level organization and each of them has their own standards to measure the turnover. Upper level management is responsible for high end activities like budgeting and designing organization size. Middle level management is mainly responsible for typical HR acts like hiring, training and development. The main focus is done middle level managers as per the title of the article, but fewer topics were covered to explain the same, as per author. Proper set of standards while hiring the employees can be the best solution for this situation. The quality in training and motivation to employees can stop them in jumping here and there. Good development opportunities and job satisfaction for employees can make middle level managers more confident in reducing their part in turnover aspects. If author could have covered inner details of management, this article could be the best. Author has given excellent justifications for many aspects like, level of management and organization size and their effect on turnover. All the methodologies covered by him are much qualitative approaches and could have suggested methods for less employee turnover rate. Examples could have helped for better understanding of the article. References Aldrich, Howard and Ellen R. Austere. 1986. â€Å"Even Dwarfs Started Small: Liabilities of Age and Size and Their Strategic Implications.† Research in Organizational Behavior 8: 165-198. Bamboo, Thomas, William R. Clark, and Matt Gilder. 2006. â€Å"Understanding Interaction Models: Improving Empirical Analyses.† Political Analysis 14: 63-82. Brewer, Gene A. and Sally Coleman Selden. 2000. â€Å"Why Elephants Gallop: Assessing and Predicting Organizational Performance in Federal Agencies.† Journal of Public Administration Research and Theory 10(4): 685-711. Brill, Sam and Abby McCartney. 2008. â€Å"Stopping the Revolving Door: Increasing Teacher Retention.† Politics and Policy 36(5): 750-74. Daley, Dennis M. 2006. â€Å"Strategic Human Resources Management.† In Public Personnel Management: Current Concerns, Future Challenges, 4thed. Ed. Norma M. Riccucci. New York: Pearson Education. Donahue, Amy K., Willow S. Jacobson, Mark D. Robbins, Ellen V. Rubin, and Sally C. Selden. 2004. â€Å"Management and Performance Outcomes in State Government. † In The Art of Governance, Patricia W. Ingraham and Laurence E. Lynn, Eds. Georgetown University Press. Ehrenberg, Ronald G., Richard P. Chaykowski, and Randy A. Ehrenberg. 1988. â€Å"Determinants of the Compensation and Mobility of School Superintendents.† Industrial and Labor Relations Review 41: 386-401. Frederickson, H. George and Kevin B. Smith. 2003. The Public Administration Theory Primer. Boulder, CO: Westview Press. Goerdel, Holly. 2006. â€Å"Taking Initiative: Proactive Management and Organizational Performance in Networked Environments.† Journal of Public Administration Research and Theory 16(3): 351-67. Hayes, William. 2004. So You Want to be a Principal? Lanham, MD: Rowman Littlefield. Ingraham, Patricia W., Philip G. Joyce, and Amy Kneedler Donahue. 2003. Government Performance: Why Management Matters. Baltimore, MD: Johns Hopkins University Press. Jencks, Christopher and Meredith Phillips. 1998. The Black-White Test Score Gap. Washington, DC: Brookings Institution. Johansen, Morgen S. 2008. â€Å"Measuring Middle Manager Quality and Its Effect on Organizational Performance.† Paper presented at the Third Conference on Empirical Studies of Organizations and Public Management, College Station, TX, May 2-3. Meier, Kenneth J. and Alisa Hicklin. â€Å"Employee Turnover and Organizational Performance: Testing a Hypothesis from Classical Public Administration.† Journal of Public Administration Research and Theory 18(4): 573-90. Meier, Kenneth J. and Laurence OToole, Jr. 2002. â€Å"Public Management and Organizational Performance: The Effect of Managerial Quality.† Journal of Policy Analysis and Management 21(4): 629-43. - 2001. â€Å"Managerial Strategies and Behavior in Networks: A Model with Evidence from U.S. Public Education.† Journal of Public Administration Research and Theory 11(3): 271-93. Mobley, William H. 1982. Employee Turnover: Causes, Consequences, and Control. Reading, MA: Addison-Wesley. Moynihan, Donald P. and Sanjay K. Pandey. 2008. â€Å"The Ties that Bind: Social Networks, Person-Organization Value Fit, and Turnover Intention.† Journal of Public Administration Research and Theory 18(2): 205-228. Nigro, Lloyd, Felix Nigro, and J. Edward Kellough. 2007. The New Public Personnel Administration. 6thed. Belmont, CA: Thomson Wadwsorth. Parker, Victoria A. 2002. â€Å"Connecting Relational Work and Workgroup Context in Caregiving Organizations.† Journal of Applied Behavioral Science 38: 276-97. Rainey, Hal G. 2003. Understanding and Managing Public Organizations. 3rded. San Francisco, CA: Jossey-Bass. Riccucci, Norma. 2005. How Management Matters: Street Level Bureaucrats and Welfare Reform. Washington, DC: Georgetown University Press. Selden, Sally C. and Donald P. Moynihan. 2000. â€Å"A Model of Voluntary Turnover in State Government.† Review of Public Personnel Administration 20(2): 63-74. Theobald, Neil D. 1990. â€Å"An Examination of the Influence of Personal, Professional, and School District Characteristics on Public School Teacher Retention.† Economics of Education Review 9(3): 241-50.