Jewish teaching within family Essay

In this essay I will look at what Jews believe they must do to bring up and care for their family, what rabbi’s say on this and what is written in the bible. The first thing I will examine is contraception many Jews consider a large family as a blessing from god and for this reason see contraception as a hindrance and interference with the divine plan. â€Å"God formed the world†¦. He created it not to remain empty; he made it to be populated† Isaiah but on the other hand Judaism regards preserving life as of much importance or more. Where there may be complications or a hazard to the woman if she falls pregnant contraception should be used . using contraceptives for convenience how ever is not regarded as an excuse i. e. paying for their TV instead of having children is not considered acceptable in Judaism. Judaism considers it wrong for anyone Jew or not to have sex out of marriage, although it does not attach a stigma to a child born out of wedlock. Within Jewish marriage sexual behaviour is guided by a code of conduct from the torah in which a man and his wife are not allowed to have sexual relations during the wife’s menstruation period and for an entire week after couples find this actually strengthens their marriage with each buying each other gifts or doing other non physical acts, after this a woman is supposed to go to a pool called a mikveh where she immerses her entire body in water, this is supposed to create an atmosphere almost like the engagement period. â€Å"A wife returning from the mikveh is as fresh to her husband as on their wedding day†. Parents and children: Judaism teaches that parents and children have a certain responsibilities towards each other. â€Å"Honour your father and mother† a rabbi once said this works both ways he said this is not only an instruction to the child but also to the parent â€Å"make yourselves the kind of people your child wants to respect†. Parents are expected to feed clothe, and educate their children, and see that they can support themselves. â€Å"Teach your son a trade† says the Talmud â€Å"or teach him to become a robber†. They are supposed to teach them basic survival skills like swimming and a craft they are also supposed to teach them some things about the world like don’t accept lifts from strangers which is considered as basic common in some places but in Judaism these are considered as religious obligations. They also are supposed to teach them morale obligations and to be morale people. They are given guidance and a guide sometimes it is necessary to punish a child says the Talmud but do not threaten to do so either do it right away or let it drop. Children are supposed to be as equally respectful to their parents though â€Å"see that they eat and drink, and take them where they need to go† Talmud. They must treat their parents with respect and avoid hurting them. `

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.

“Antigone” The Protagonists

The widely held view is that Creon and Antigone represent the â€Å"Will of man† and â€Å"Will of God† as opposing forces. I think that there is certainly more, subtle layering to these characters than this simplistic summation. In order to fully understand this one needs to look at both the setting and background as the play unfolds. This adds entirely new dimensions to the confrontations between Antigone and Creon.Antigone is the daughter of Oedipus and Jocasta. Jocasta is also her grandmother, a tale told in Oedipus Rex. Judith Butler states in her book â€Å"Antigones claim: Kinship between Life and Death† that â€Å"Antigone has already departed from kinship, herself the daughter of an incestuous bond, herself devoted to an impossible and death-bent incestuous love of her brother†.Already there is new layer to Antigone. According to modern medical thinking the offspring of incestuous relationships are more likely to be born with either mental or phys ical defects. From what we can establish, Antigone was not physically defective but zealotry is present that perhaps indicates psychosis. Nine out of ten Anthropologists will state that the one constant social norm over the ages was the abhorrence of incestuous relationships. I am however of the opinion that Polynices actually wasn’t the motivating factor but rather Antigone’s desire to be free of her shackles.Creon is the new ruler, brought about by the death of the brothers Eteocles and Polynices. He is also the guardian of Antigone and Ismene as appointed by Oedipus upon his death. Add to this that he is also Antigone’s future father-in-law. He felt the need to flex his ‘muscle’ in order to immediately solidify his position. One wonders though why there was no feeling of kinship between himself and Antigone considering the intertwining of heir lives?One imagines the setting of the opening of the play. The sisters are still reeling from the death of their brothers.The first eight lines conjure up a feeling that Antigone bears a lot of general resentment. Line 2 ‘Is there, of all the ills of Oedipus,’ indicates the long-suffering nature of their lives.Interesting to note here that she seems to attach no mortal blame but assigns it the Gods as example of their wrath or disapproval. Polytheism meant to the Greeks that there was a constellation of Gods watching them and to whom they were directly responsible. Line 8 ‘ Our ruler has enjoined on all the state’, she does not refer to him by name but rather scornfully as an entity. We already get the sense that she is less than enamored of him.Having not persuaded Ismene to join her in burying Polynices, Antigone rejects her and sets off to do it herself. Whether she means to be caught right away or if she was planning to step forward and defy Creon openly, the intent was certainly the same. SheWanted that opportunity to stand before him and challenge his a uthority.Their first confrontation takes place when she is discovered by the guards to be burying Polynices and then is brought before Creon. He does give her a chance to either redeem herself by saying that she knew not about the edict or that she did not understand in line 488 ‘Didst thou not know the edicts which forbade the things thou ownest?’She replies in an almost belligerent manner that perhaps indicates that she was ready for this moment, almost relishing the prospect of the confrontation. He asks her how dare she disobey the law and she responds with the line ‘Yes, it was not Zeus that made the proclamation’.Her subsequent response covers various aspects such as the supremacy of God’s law, ‘unwritten and secure’, and then she says that she welcomes death because she has lived amongst great troubles. The tone of her speech is fierce and unyielding and evinces disapproval from the chorus who supposedly represent the society they live in. Creon is enraged and states that her boasting of the deed is another offence in itself.Creon’s response to this is that ‘he will never be mastered by a woman’ and in his rage summons Ismene because he is convinced that Antigone could not have done it alone.The confrontation degenerates to a more personal level where Antigone accuses Creon of being a tyrant, which he counters with the statement that only she believes so. She then counters this with the charge that his tyranny keeps the others in fear of speaking their minds. Creon bitterly attacks Antigone and defends his manhood: line 577 â€Å"Go then to the world below, yourself, if you/ must love. Love them. When I am alive no woman shall rule†.In her argument with Creon, Antigone also shows more of her morbid longing for death, saying that for one who has lived as she has, death is welcome. This does not speak of an exceptionally strong person but of one that has found a purpose and now will fight until this is done. She wants to escape her life but she obviously did not want to slip into obscurity so she chose the most inflammatory and quick way of doing so. She also provided herself with a scapegoat for all her resentments.A cynical view perhaps but a more realistic one if we are to view Antigone as a whole person. As with any normal person our resentments are expressed in many ways, Antigone spoke of the injustice of the society she lived, the injustice of the deaths of her family and the final indignity of not even being allowed to bury a brother.Ismene is led in and Creon accuses her of helping Antigone bury Polynices. She does try to take some of the blame but Antigone is not having any of it. Aside from not wanting her glory to be shared she does not actually want her sister to die. This shows the first real feeling she has towards anyone else. Ismene’s innocence becomes clear although she is still trying to share blame. She turns to Creon and asks him if he is really willing to kill his son’s wife-to-be, and Creon replies that he wants no bad wife for his child. Haemon can find another bride.Haemon enters and at first, seems willing to submit to his father’s will. I think that perhaps he thought that he could win his father over gently without loss of face on his father’s part. Creon however is now in the part of tyrant and talks about the importance of having loyal sons, the foolishness of taking an evil wife, the relationship between being a good patriarch and a good ruler, the inviolability of law, the horror of disobedience to law and the need for order and discipline. All the signs of a good autocrat.Haemon tells Creon that the people of Thebes are sympathizing with Antigone. He tries to put this forward as having Creons best interests at heart then suggesting that Antigone should be honored. Creon of course is now furious, not only is he being challenged by a woman but now by his own son.He asks if his you ng son should advise a man Creons age, and if the King should reward a wicked rebel. Haemon replies that the people of thebes do not think she is wicked. Creon responds imperiously in line 794 ‘Should the city tell me how I am to rule them?’Their argument becomes more heated and Haemon accuses his father of foolishness and Creon defends his rule imperiously. It gets to the stage where Creon orders that Antigone be brought out and killed in front of Haemon. Haemon says that she will not die by his side and that Creon will never see him again. Creon is at his most barbaric at this time, his love of order and state carried to an immoral extreme. He tries to use Antigones death to hurt his own son, abusing his authority for the sake of gratuitous cruelty.   

Organisational culture and the scandal Essay Example | Topics and Well Written Essays - 3000 words

Organisational culture and the scandal - Essay Example This was the second write-down due to EDS. HP also revised its restructuring plans and changed the estimates based on the fourth quarter revenues and asserted that the company would be experiencing lower revenues from the software segment due to alleged fraud by Autonomy. HP recorded an estimated $ 8.8 billion write-down in the acquisition. According to the author, the company had made a poor hiring decision after another since it failed to stand behind CEO Mark Hurd who was keen on corporate governance (Saintvilus 2). HP business performance after the exit of Hurd began to fall, and no one could have predicted what his departure would hold for the future of HP. Hurd who is currently a president at a rival company (Oracle) was ousted from the management of HP due to allegations of sexual harassment that were attributed to Jodie Fisher who was an outside contractor. But surprisingly, Jodie Fisher who has appeared in many movies like ‘sheer passion† interestingly expressed sympathy for Hurd’s firing accusing HP of quick and sudden decision. Fisher’s attorney also claimed that the two had no sexual relationship, but the board went ahead to fire Hurd. The board failed in due diligence in the internal investigations since the board rushed the decision without attributing any evidence of managerial misconduct to Hurd (Svensson 3). Hurd had actually steered HP stock performance from $ 21 to $ 42 due to strong strategic leadership, but the share began to fall soon after Hurd’s departure. The share plummeted to a 10-year low of $ 11.35, but the board has been adamant in acknowledging that it made a wrong decision. After Hurd moved to Oracle, HP feared for its survival in the market and started legal wars citing non-compete agreements with Hurd thus leading to more business rivalry that included Oracle’s termination of porting software than runs on HP’s servers that uses Intel’s Itanium chips. The HP segment eroded $ 275 million in revenues. The above HP situation relates to lack of due diligence, corporate ethics and poor corporate culture since the Board has consistently failed in its decisions. Before HP finalized the acquisition, Jim Chanos, a short seller also issued detailed reports highlighting loopholes in Autonomy’s disclosures and financial records. Of particular note is that the entire management did not support the deal since the Chief financial officer who oversaw the acquisition was against the deal. Cathy Lesjak, the CFO had cautioned the management that the acquisition was expensive and was not in the best interests of the company (Wall Street Journal 2012). Organisational culture and the scandal There are many corporate governance requirement and financial reporting requirements that should be followed by all corporations. This means that the board of directors must exercise due diligence when dealing with other stakeholders or when reporting the economic performance of t he company. The management of HP is tasked with safeguarding the welfare of the shareholders who provide capital for the company. The board of directors at HP did not see the need of impartial investigations before acquisition of Autonomy. According to corporate governance issues, stronger companies like HP will acquire other

Conversation 5 Essay Example | Topics and Well Written Essays - 250 words

Conversation 5 - Essay Example There were different, cultural and art styles that influenced Diego Rivera’s painting such as the classical European style and Aztec art. His use of figures and colors depict those that were used by Indians as images to narrate their historical events and myths. This painting mainly represented his strong position in protecting one’s beliefs in his or her culture (Dawn, 199). During this time, there was a lot of Mexican Renaissance and Muralism. In the painting, it is evident that his work incorporated cubism where he incorporated the cultures from his early studies. He engaged various architectural skills and geometry (Dawn, 106). The figures in his painting appear to be simplified; however, there is nothing straightforward about these figures which are overwhelming to the eye. As culture changes over time, so do these images progress throughout; however, it depends on how people interpret them. Conclusively, Rivera’s painting can also be said to have been influenced by the impact of Mexican Revolution which was immense at the time. Additionally, there were Mexican mural painters who disseminated and interpreted the ideas that were there in revolution. Rivera assisted the American to realize other people’s cultural nationalism when under the revolutionary

Demonstrate how people draw on social representations in making sense Essay

Demonstrate how people draw on social representations in making sense of their career trajectories. Draw on theoretical and empirical work in your response - Essay Example tremendous impact from these social representations, such as the need to conform and identify with similar groups of people, to act within the context of rule systems, and to be shaped by human relationships in our decisions. Occupational pursuits structure a large part of people’s daily social relations. How, then, does one come to choose the path of one’s career? In this paper, we will explore this very question, using the concepts of social representation and examples drawn specifically from an interview conducted with Bryony, a 19-year-old second year university student (see Appendix for interview transcript). systems of values, ideas and practices with a two-fold function; first, to establish an order which will enable individuals to orientate themselves in their material and social world and to master it; secondly, to enable communication to take place amongst members of a community by providing them with a code for social exchange and a code for naming and classifying unambiguously the various aspects of their world and their individual and group history. (Foreword) A social representation, then, is a kind of social knowledge which is shared by individuals through communication. It is practical in the sense that it is aimed at mastering real problems and issues, and is situated within unmistakable contexts faced by different groups of people in different positions. The manner in which one happens to be living ultimately directs the extent along which identities and relations unfold, and essentially defines social representation. Moscovici argues that there is a connection between the self-directed individual’s choices and his notions of the family, institutions, and professional categories, which determines possibilities for action, and eventually the destiny of each individual as well as society as a whole (International Balzan Foundation, 2006). Individuals essentially organize their experiences in the social realm, in situational dynamics

International Transport Essay Example | Topics and Well Written Essays - 1500 words

International Transport - Essay Example Businesses have expanded their markets internationally because of effective transportation of goods and services. The transport of people remains the most critical issue that should be addressed by any international transport company. Provision of high quality but cost effective transport services is achieved when the key elements are considered. Effective services depend mainly on the comprehensive standards underpinning transport operations where innovation to provide immense benefits to customers and service providers remain the central issue. Bardi (2007, p. 78) suggested that robust and comprehensive standards should be practiced in the transportation sector. The service providers should have best practices that offer protection to both people and goods that are in transit. Means of international transport available in the world are risky hence the owners should establish the best practices that limit the extent of risks. International transportation of human remains calls for numerous measures to govern the conditions and state of transport. The service providers must have strong strategies which protect the crew. Transport of the human remains exposes the crew to a lot of dangers. Human remains of those who were affected by dangerous diseases such SAARS and H1N1 can be very dangerous to the crew. Loading and offloading of human remains should be carried out with all protective devices. The embalmers should be people of high intelligence and are qualified enough to take up the job. This limits the chances of been infec ted hence the rest of the passengers are safe. The embalming process should be done very effectively and fast enough. The customer transporting goods across national borders should feel safe at all times. Protection standards should be developed with real consumer needs in mind and the service provider should ensure that services provided are well understood by the consumer. UN Model Regulations have ensured protection

The Notion of True Belief Essay Example | Topics and Well Written Essays - 1500 words

The Notion of True Belief - Essay Example This paper will begin with a brief introduction to some of the crucial, but general aspects of the author’s position, and in turn, proceed to a more pointed discussion of the nature of the notion of belief, according to Audi. According to Audi, the notion of ‘belief’ can loosely be translated as opinion or belief, and it is a term which comes from the Ancient Greek. To claim, or to maintain that there is an ideal form of a belief, is to defend the belief in some sense. For Audi , he presents at the first level, the notion of a belief in terms of the connection with the notion of knowledge â€Å"through acquaintance† [Audi, 2003, p. 36], which is a notion which was developed by Russell. He argues that there is sufficient evidence, through the knowledge by acquaintance notion that a belief is justified as a form of knowledge if the object of the belief in question has some form of ‘propositional content’ or â€Å"inference from propositions abou t them† [Audi, 2003, p. 36]. That is, where there is a correspondence between the propositional content on the one hand, and on the other hand, the belief which there is supposed to be a relation with. For example, and in keeping with Russell’s notion of acquaintance, there is a difference between the propositional content of a sensible referent, and one which is connected with rationality or mathematics [Audi, 2003, p. 58]. That is, if I can say that I believe that the sun will rise tomorrow, it follows that the propositional content of the belief in question refers to a sensible phenomena on the one hand, and the laws of probability or the nature of experience which would lead me to believe in such a proposition [Audi, 2003, p. 37]. However, those which are connected with acquaintance are a form of knowledge where the propositional content does not necessarily have a sensible referent involved. For example, the belief in the truth of a mathematical proposition. For ex ample, it might be said that the proposition F(N){N +1 + 1 . . .}, is a proposition which has a potentially infinite chain of sequences of integers which will follow. This is an example of knowledge by acquaintance in the following regard: first, it is not a form of propositional content which has a truth which is guaranteed through experience, and second, it is obvious that nobody could experience this in the first place. However, there is the experience of acquaintance. That is, the familiarity with the mathematical reasoning involved with the proposition. That is, where the consequence which cannot necessarily be demonstrated through ‘sense’, can be demonstrated by the very rules of mathematics. As is noted by Audi, this has always been an important aspect for the consideration of theological or religious questions in the â€Å"medieval† context, which he describes in terms of the â€Å"analytic† dimensions of the concept of belief [Audi, 2003, p. 97]. As Audi points out in these pages, the notion of form which is connected to analytic truths are important in a number of senses which are germane to the notion of acquaintance. As a form of knowledge which is of rational truths, it is not the case that the truths are guaranteed by anything more than the rules which govern the given proposition, and it is important that they are known to be beyond sense experience, and hence, beyond the form of reductive thinking which

Accounting Synoptic Essay Example | Topics and Well Written Essays - 3000 words

Accounting Synoptic - Essay Example The criticisms of traditional budgets as identified are- Traditional budgets are often contradictory and rarely strategically focused. Traditional budgets are costly and time consuming. Traditional Budgets lack flexibility and responsiveness. As compared to the time taken to prepare a traditional budget, it adds little value. Traditional Budget concentrates on cost reduction and not on value creation. Traditional Budget often acts as a barrier to change. Traditional Budgets seem to strengthen vertical control and command. Traditional Budgets do not reflect the emerging network structures that organizations are adopting. Traditional Budgets encourage perverse behaviors and gamming. Traditional Budgets are based on guesswork and assumptions that are unsupported. Traditional Budgets make customers feel undervalued. Traditional Budgets are updated and developed too infrequently, usually annually. Traditional Budgets bring about departmental barriers inspite of encouraging knowledge shari ng. The criticisms laid by Beyond Budgeting Round Table are more applicable to non-profit organizations than profit organizations. It is said so because the objectives of non-profit organizations are not specific and often link to multiple activities which necessitates trade off. Non-profit organizations are dominated by professionals and thus are less accessible to control systems and measures. Non-profit organizations incur a huge amount of discretionary fixed cost and the relationship between outputs and inputs are difficult to specify which raises difficulty in ascertaining profit. Non-profit organizations with their rigid rules and guidelines face problems in adapting to the changing policies, regulations and measures.... The criticisms laid by Beyond Budgeting Round Table are more applicable to non-profit organizations than profit organizations. It is said so because the objectives of non-profit organizations are not specific and often link to multiple activities which necessitates trade off. Non-profit organizations are dominated by professionals and thus are less accessible to control systems and measures. Non-profit organizations incur a huge amount of discretionary fixed cost and the relationship between outputs and inputs are difficult to specify which raises difficulty in ascertaining profit. Non-profit organizations with their rigid rules and guidelines face problems in adapting to the changing policies, regulations and measures. Non-profit organizations use the concepts of traditional budgets to ascertain cost and reduction of cost of activities, but the members are very little concerned to the developments, improvements and benefits which the activities are pursuing or shall pursue. The stri ct governance under which non-profit organizations operate has made it static, inflexible, not responsive to the changing environment, not focused on the formulation of procedural strategic plans, has lead to increase in discretionary fixed cost and lacks vertical control and supervision. Thus the shortcomings of traditional budget have decreased the value of non-profit organization in the current scenario inspite of creation of value, which have in turn lead to decrease in its significance.

Metamorphosis by Franz Kafka and Why Essay Example | Topics and Well Written Essays - 500 words

Metamorphosis by Franz Kafka and Why - Essay Example My reactions to Gregor surprised me, for the creature he has become, 'monstrous vermin', and the habits he develops as his condition deteriorates, eating rotting food and leaving sticky messes, is one most likely to cause revulsion. Instead, he elicits most positive emotions. In particular, he arouses feelings of pity, compassion and sympathy for his plight, while his family tend to make me feel disgusted with them and their treatment of this changed Gregor. Only his mother continues to want to protect him, even after seeing him as 'an enormous brown patch against the flowers on the wallpaper.' In asking myself why I should feel this way, I am led to look deeply at my own beliefs and values. I begin to liken Gregor's plight to someone having a mental breakdown, a stroke, or being terminally ill, or suffering dreadful disfigurement. If this happened to me or someone I cared about, coping would be hard but I would hope that kindness and concern would be given to the 'changed' me, and that people would remember that the real person is still in there somewhere. Although Grete does initially look after her brother, it is she who wants to kill him, telling her father, 'It's got to go....you've got to get rid of the idea that that's Gregor'.

Organizational Behavior Essay Example for Free

Organizational Behavior Essay 1. Does this case prove economic downturns and company layoffs fail to lead to workplace malfeasance? Why or why not? This case proves economic downturns and company layoffs lead to workplace malfeasance. According to dictionary.com malfeasance is the performance by a public official of an act that is legally unjustified, harmful, or contrary to law. It is also defined as wrongdoing (used especially of an act in violation of a public trust. According to the case incident â€Å"These companies often produce press releases, which then work their way into the media and presumably generate potential clients for the organizations† (Robbins Judge, 2010, pg. 35). This statement has led me to believe that companies use press releases to make their situation seem worse than it actually is in order to gain clients for their organization. 2. Does the case prove we can learn nothing from the business press? The case proves that we can learn something from the business press however we should not believe everything we read. According to the case, â€Å"MSN Money, under the headline â€Å"Businesses See Rise in Employee Theft,† reported the poll results as follows: â€Å"When asked if they had noticed a recent rise in monetary theft among employees, such as fraudulent transactions or missing cash, 18% said yes, 41% were unsure and the rest said they hadn’t† (Robbins Judge, 2010, pg. 35). However, put a different way 18% agreed that theft was up and 82% either disagreed or weren’t sure. Based on MSN Money’s report it sounds like theft really has increased however if you look at it another way most companies said they haven’t seen an increase or they just haven’t noticed a rise in theft. 3. Does this chapter provide any clues for how you can be an informed consumer of business news on OB issues? In some way’s this chapter provides clues for how you can be an informed consumer of business news on OB issues because it explains how managers stay informed. According to the text, â€Å"All managers, to some degree, collect information from outside organizations and institutions, typically by scanning the news media (including the internet) and talking with other people to learn of changes in the public’s tastes, what competitors may be planning, and the like† (Robbins Judge, 2010, pg. 6). 4. Some companies install surveillance equipment (cameras, computer software) to monitor their employees. Valenti Management, which owns and runs 117 Wendy’s and 17 Chili’s restaurants, has installed fingerprint scanners on all its cash registers. Do you think these measures infringe too much on individual privacy? Can a company take prevention too far? How do you strike a balance between prevention and intrusion? When you become an employee of a company you have in essence agreed to the monitoring that is taking place. Although fingerprint scanners on all cash registers sounds like pretty extreme measure it is a way for the company to be sure that the employee that is supposed to be working the register is actually the one working the register. If the company uses a clock in number such as the four digits of an employee’s social security number another employee could use that number, take money from the register and then the blame would go on the wrong person. I do believe a company can take prevention to far however, I don’t believe Valenti Management has done so in this case. Striking a balance between prevention and intrusion can be very difficult however I do believe it is possible, before a company implements a new prevention measure it should determine whether the measure is absolutely necessary to prevent employee theft.

Information Technology Coursework Essay Example for Free

Information Technology Coursework Essay Input The Keyboard The keyboard is essentially based on the standard QWERTY keyboard used by typists. The main differences are the additions made by computer manufacturers. The first thing to notice is that the keyboard has three main sections. The first section is the main QWERTY keyboard, which has three extra keys. The most important of these extra keys is usually marked ENTER or RETURN. The enter key is on the right side of the keyboard and is used to tell the computer that you have finished typing and wish either to move to a fresh empty line or that you want the computer to carry out the typed instruction. The other two additional keys are the ALT and the CONTROL keys (CTRL). These act in the same way as the shift key on the typewriter and so allow normal keys to have a number of different effects. The second part of the keyboard is the FUNCTION keys. There are always at least ten and sometimes twelve of these labelled F1 to F10 or F12, which are grouped together on the left of the keyboard or along the top of it. They are used by programs like word processors or spreadsheets to give instructions to the computer. They do not normally produce an effect on the screen but can do in some programs. The third part of the keyboard is the numeric key pad. This is situated on the right of the keyboard and serves two functions. Firstly, to move the cursor and secondly to type numbers into the computer. The keys on the keypad usually contain the numbers 0 to 9, the decimal point and the mathematical symbols. The key marked NUMLOCK is used to tell the computer if the pad is used to enter numbers (NUMLOCK ON) or to move the cursor (NUMLOCK OFF). Input The Mouse A mouse is a device, which can provide an alternative to the keyboard. The mouse itself has a small ball in its base which, when pulled across a smooth surface, moves a special cursor across the screen. This cursor can be used to draw or point and is especially effective in providing an easy to use interface for those who have difficulty with keyboards etc. Processing The Central Processing Unit Inside the microcomputer is a tiny silicon chip called the Central Processing Unit or CPU: this can be regarded as the brain of the entire system. With the help of the computers internal memory it executes the instructions in a program by performing simple logical operations at very high speeds typically an instruction will be performed in millionths of a second. The chip containing the Central Processing Unit or CPU is the place where the computer does its thinking. The CPU processes information by fetching a program instruction stored in the computers memory, executing the instruction and proceeding to the next step in the program. The CPU contains (1) a program counter that tells the CPU where it is in the program. (2) an instruction register that stores the current program instruction. (3) a control unit that decodes the contents of the instruction register. (4) data registers that store the small units of information the CPU is currently processing. (5) a memory address register that holds the address or memory location of the information in its data registers. (6) an Arithmetic and Logic Unit (ALU) that actually performs each small step in the program, and (7) a status or flags register that reports on the work of the ALU. The size or power of a CPU is determined by the length of its registers: 8-bit processors work on information in 8- bit groups; 16-bit processors have registers that hold 16 bits and are twice as fast. 32-bit processors provide even more computing speed, and so on. Internal Memory RAM and ROM Because the central processing unit only works on small pieces of information at a time, the computer needs a way to store information while it is not being processed. Two kinds of silicon chips serve as the computers internal memory. Random Access Memory or RAM chips store information temporarily, and the computer can write, read, and erase information on them. RAM chips are erased every time the computer is turned off, so Read Only Memory or ROM chips act as the computers permanent memory: they store the instructions the CPU needs when you first turn it on. External Memory Disks and Disk Drives External memory devices like floppy disks, hard disks, and CD-ROMs store programs and data when the computer is turned off. When a disk is inserted into a disk drive, the computer can read information from it or write new information onto it. Only certain types of CD-ROM can have information written onto them. Output: The Printer Printers receive electrical codes from the computer and then print the corresponding letter or number on paper. The result is called hard copy. Plotters and some printers can even reproduce computer graphics on paper. Types of Printer Ink Jet Printers Ink jet printers work as their name suggests, by squirting jets of ink onto the paper through tiny nozzles. Ink-jets provide good quality output (on average 600 dots per inch) at reasonable speed and at relatively low cost. Laser Printers A laser printer is essentially a photocopier attached to the computer as an output device. Laser printers are capable of high quality output (around 720 dots per inch), at high speed. They can be bought from as little as around à ¯Ã‚ ¿Ã‚ ½100. Output Monitors (Visual Display Units) Monitors (V.D.U.s) are the most frequently used output device. The display is transmitted from the computer to the surface of a cathode ray tube, which is rather like a television screen. Slim, flat screen monitors are also available. The display consists of very small phosphorescent dots combined in different patterns to form words, numbers, and pictures. Monitors vary in their resolution (clarity), more dots on the screen means a higher resolution but obviously costs more. The range of resolutions are CGA, EGA and the highest resolution VGA. Software Computer Programs A program is simply a set of instructions, which the programmer wishes the computer to obey. The computer blindly obeys any instruction which it is given it possess no abilities to determine whether an instruction (so long as it is framed correctly) is the correct instruction for any given situation. Programs tell the computer how to turn the input you provide into the output you want. A program is therefore a detailed set of instructions for performing a particular task. Because you cannot actually touch programs they have become known as software; this contrasts with the hardware of a computer system monitors, chips, printers etc. which you can touch! Software takes many forms the computer system itself is co-ordinated by a special resident program called an operating system (you can read more about this program below), programs to carry out specific tasks for the user are termed application programs. Stock control, word processing, payroll and accounting functions are typical areas, which are serviced by application programs. Input/output Media Mass Storage Floppy Disks A floppy disk is 3 1/2 inches square. Inside its protective case or sleeve, each floppy disc is a circle of flexible plastic whose surface is covered with magnetic oxide. When you use a disc for the first time, you must use a special program called an operating system to format the disks surface by creating circular tracks divided into pie-shaped sectors. A hole punched near the hub of the disk lets the computer know where the first sector is. A track on each disk stores a directory that tells the computer where to find what information. This means that it can go directly to the correct part of the disk instead of wading through all of its contents to find the information it wants. A typical floppy disk can store around 200 pages of typewritten text, depending on how tightly the information is packed. If pictures are stored on disk, they take up a lot of room. Care of Floppy Disks Information is stored on floppy disk by means of magnetism. The information stored on a disk can be lost if the magnetic surface of the disk is damaged. When handling a disk you must be careful not to bend it or touch the exposed portions. Moisture, extreme temperatures, and exposure to magnetic fields or equipment can also ruin disks. You should keep back-up copies of all important disks to insure that your data will not be lost if a disk is damaged. You can guard against the possibility of accidentally writing over and erasing important data and programs by moving the small write-protect notch on the side of the disk. When this notch is closed, a sensor inside the drive prevents the head from writing onto the disk. Hard Disks All modern PCs have hard disks, which can store vast amounts of information this varies depending upon their size. Although they operate on the same basic principles as floppies, hard disks spin many times more quickly allowing the read/write head to pass only fractions of an inch over the disks surface. Hard disks are hermetically sealed in special chambers to prevent dust particles from ruining the disks surface. Disk Drives: Read/Write Heads To use a disk, you place it into a disk drive so that the circular hole in the centre of the disk fits into a cone in the drive. This cone spins the disk allowing all of its sectors to come under a window cut into the sleeve. As the disk spins around, a read / write head moves back and forth over the exposed portion of the disk. The head works like the head on a tape recorder. It reads information on the disk by translating its magnetic fields into electrical signals that are sent to the computer; information is written onto the disk when the head converts the electrical signals from the computer into magnetic fields on the disks surface. Operating Systems A computer is really a system of interconnected parts: a keyboard or input device; internal memory (RAM and ROM); a processor; disks and disk drives; output devices like a monitor and a printer; and, of course, software. A special kind of program called an operating system controls the flow of information between these different components. One of its most important jobs is to enable your hardware to understand the instructions of your software. When you buy a computer, you must be sure that its design or architecture is compatible with the operating system for which the software you want is written. The operating system manages the files on your disks and offers utilities such as formatting blank disks, listing the directory of files on a disk, as well as copying, renaming, and deleting files. Sometimes operating systems are permanently installed, but if the operating system is pre-packaged on a disk, its contents must either be loaded separately into the computer or written onto ev ery disk used, during the formatting process. Windows 95 and Windows 98 are the most common operating systems used today. Modems and Networks With the help of a modem, your computer can link up and communicate with other computers all over the world. The modem translates the computers language of ons and offs into tones of different frequencies, which are then transmitted across telephone lines. At the receiving end the process is reversed: a modem converts tone variations back into the computers digital code. Computer networks are systems of computers linked together in this way: they are used to send and receive electronic mail, and to allow small personal computers access to the vast data libraries of larger computers, via the Internet. COMPUTER APPLICATIONS Application Packages These are programs that actually perform the tasks that the user wishes to be done. The tasks are usually so complicated that several programs are required and these are collectively called a suite of programs. Typical examples of applications are Stock Control, Databases, Order Processing, Word Processing, Airline Booking Systems, Spreadsheets, Viewdata Systems and Point of Sale Systems. Each package will now be discussed in turn, to give a general explanation of what they are, when they are used and for what purpose. Stock Control A stock control system keeps track of all the stock currently held by the company. The computer is informed through the till when each item is sold. It is then an easy matter to deduct the number sold from the current stock level to give a new stock level. If this level is below a re-order level which again is held by the computer, then the computer can automatically print a re-order letter to the supplier. The number of each item to be supplied is stored and when the supplier delivers, the number of items delivered is added to the amount in stock. Therefore the company, in theory, should never, through its own efforts, run out of any item of stock and should at all times know how much stock it has, in the warehouse, in storage at a retail outlet and on the shelves. Losses through theft are easily calculated through a manual shelf count, and corrective action to reduce losses can be implemented quickly. Database A database is a store of information made up of records. A record contains information relating to one person or one company and is made up of individual pieces of information called fields. For example, you may create your records having the following fields: company name, address, telephone number, credit limit, amount owed, payment due etc. When all the information has been entered the database may then be used by searching for particular information, called cross-referencing (e.g. to find out at the end of the month who the company owes money to and how much, in order to settle their accounts). New information can be fed in and the database is changed (updated) to include the new data, so that it is always up to date. Large databases are best used with static information (remains the same), with new records being added to the end. An example of this type is a Library with records on all the books in stock. The computer operated by the DVLA in Swansea (Driving Vehicle Licensing Authority) might be an example of a large database. Information relating to every motor vehicle in the U.K. is stored on computer and can be sorted or searched to find out, for example, who owns a particular car. Word Processing In word processing a computer behaves like a much enhanced form of typewriter. Facilities are provided for entering, manipulating, storing and retrieving blocks of text. This means that standard letters and lists of names and addresses can be generated separately and then letters to everyone on the list can be printed without retyping the document. The processor retrieves the letter and the first name and address, prints the letter, retrieves the next name and address, changes the information in the letter, prints the next letter and so on. Real-Time Systems An example of a real-time system is Airline Booking. This is a system which updates the data immediately it changes. All the terminals in all the booking offices are connected via a telephone line to a large computer in the head office of the company. This is so that information can be accessed immediately and be changed on confirmation of a booking immediately. For example, if you wanted to book a flight, you would feed details into the terminal about the flight, and back would come a message saying perhaps that only two seats remain on that flight. If you then take these seats by sending that information back, confirmation would take place and then no-one anywhere in the world would be able to book a seat on that particular flight (even if they tried to book only ten seconds after you). Spreadsheet A spreadsheet is a special application package, which allows the user to set up tables of information and add up rows and columns which make up the table. They are used mainly for displaying cash forecasts of companies, in the form of a table where all the figures are interconnected. Each intersection of a row and a column is called a cell. The cells are filled with figures and then changes can be made and the spreadsheet calculates all the related cells, alters and reprints them. Figures can be changed and the overall effect on the complete table can be seen immediately.