Wednesday, February 10, 2010
Clarification
Tuesday, December 15, 2009
Hello blog.
A.M. No. 07-7-12-SC
AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT
RULE 41
Section 1. Subject of appeal. An appeal may be taken from a judgment or final order that completely disposes of the case, or of a particular matter therein when declared by these Rules to be appealable.
No appeal may be taken from:
(Ed.: Note that these used to be enumerated (a) to (h). Par. (a) which read "An order denying a petition for relief or any similar motion seeking relief from judgment" was taken out of the provision.)
1. An order denying a petition for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
3. An order disallowing or dismissing an appeal;
4. An order denying a motion to set aside a judgment by consent, confession or compromise on the ground of fraud, mistake or duress, or any other ground vitiating consent;
5. An order of execution;
6. A judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, unless the court allows an appeal therefrom; and
7. An order dismissing an action without prejudice.
In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action as provided in Rule 65.
RULE 45
Section 1. Filing of petition with Supreme Court. A party desiring to appeal by certiorari from a judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition may include an application for a writ of preliminary injunction or other provisional remedies and shall raise only questions of law, which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified motion filed in the same action or proceeding at any time during its pendency.
RULE 58
Sec. 5. Preliminary injunction not granted without notice; exception. No preliminary injunction shall be granted without hearing and prior notice to the party or persons sought to be enjoined. If it shall appear from facts shown by affidavits or by the verified application that great or irreparable injury would result to the applicant before the matter can be heard on notice, the court to which the application for preliminary injunction was made, may issue ex parte a temporary restraining order to be effective only for a period of twenty (20) days from service on the party or person sought to be enjoined, except as herein provided. Within the twenty-day period, the court must order said party or person to show cause at a specified time and place, why the injunction should not be granted. The court shall also determine, within the same period, whether or not the preliminary injunction shall be granted, and accordingly issue the corresponding order.
However, subject to the provisions of the preceding sections, if the matter is of extreme urgency and the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-sala court or the presiding judge of a single-sala court may issue ex parte a temporary restraining order effective for only seventy-two (72) hours from issuance, but shall immediately comply with the provisions of the next preceding section as to service of summons and the documents to be served therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before whom the case is pending shall conduct a summary hearing to determine whether the temporary restraining order shall be extended until the application for preliminary injunction can be heard. In no case shall the total period of effectivity of the temporary restraining order exceed twenty (20) days, including the original seventy-two hours provided herein.
In the event that the application for preliminary injunction is denied or not resolved within the said period, the temporary restraining order is deemed automatically vacated. The effectivity of a temporary restraining order is not extendible without need of any judicial declaration to that effect, and no court shall have authority to extend or renew the same on the same ground for which it was issued.
However, if issued by the Court of Appeals or a member thereof, the temporary restraining order shall be effective for sixty (60) days from service on the party or person sought to be enjoined. A restraining order issued by the Supreme Court or a member thereof shall be effective until further orders.
The trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals that issued a writ of preliminary injunction against a lower court, board, officer, or quasi-judicial agency shall decide the main case or petition within six (6) months from the issuance of the writ.
RULE 65
Sec. 4. When and where to file the petition. The petition shall be filed not later than sixty (60) days from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60) days counted from the notice of the denial of the motion.
If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial area as defined by the Supreme Court. It may also be filed with the Court of Appeals or with the Sandiganbayan, whether or not the same is in aid of the courts appellate jurisdiction. If the petition involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these rules, the petition shall be filed with and be cognizable only by the Court of Appeals.
In election cases involving an act or an omission of a municipal or a regional trial court, the petition shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.
Sec. 7. Expediting proceedings; injunctive relief. The court in which the petition is filed may issue orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of preliminary injunction for the preservation of the rights of the parties pending such proceedings. The petition shall not interrupt the course of the principal case, unless a temporary restraining order or a writ of preliminary injunction has been issued, enjoining the public respondent from further proceeding with the case.
The public respondent shall proceed with the principal case within ten (10) days from the filing of a petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the principal case may be a ground for an administrative charge.
Sec. 8. Proceedings after comment is filed. After the comment or other pleadings required by the court are filed, or the time for the filing thereof has expired, the court may hear the case or require the parties to submit memoranda. If, after such hearing or filing of memoranda or upon the expiration of the period for filing, the court finds that the allegations of the petition are true, it shall render judgment for such relief to which the petitioner is entitled. (Ed.: The old provision stated that the court shall render judgment for the relief prayed for or to which the petitioner is entitled.)
However, the court may dismiss the petition if it finds the same patently without merit or prosecuted manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration. In such event, the court may award in favor of the respondent treble costs solidarily against the petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139 and 139-B of the Rules of Court.
The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.
(Ed.: Moral of the story: Careful what you file. You just might get it. Hehe! Anyway, enough about the serious stuff. I'm hungry. And it's Gossip Girl night. Bye all! I'll post something more remotely interesting next time.)
Monday, October 05, 2009
Free Laundry for Ondoy Victims
Free Laundry for Victims of Typhoon Ondoy
Posted in Aid and Assistance by Raffy Pekson II on October 3, 2009
Below is a message relayed through the Facebook Group “Philippine Renaissance International Movement.”
In summary, typhoon victims, local government units, non-profit organizations and other groups involved in relief operations may send their dirty laundry to:
Kalinisan Steam Laundry, Inc.
No. 10 Manggahan Street, Bagumbayan, Libis, Quezon City
Tel. No. 635-0601 to 05 local 128
Mobile No. 0917-890-9577 (look for Alex Malco)
Mobile No. 0917-859-1917 (look for Espie Ditablan)
Mobile No. 0917-893-6630 (look for Atty. Raul Lambino)
============ ========= ========= ========= ========= =====
Today October 3, 2009, in a lunch meeting with my client MR. WYDEN KING, owner of KALINISAN STEAM LAUNDRY, INC., one of the biggest industrial laundry company in the country that serves various big establishments like hotels, hospitals, & garment factories, he has told me that KALINISAN is offering FREE LAUNDRY & WASHING of all clothing materials (linens, bedsheets, pants, shirts, dresses, etc.) to all victims of typhoon Ondoy in Marikina, Quezon City, Cainta, Pasig, Taguig, Antipolo City and other areas in NCR, Rizal & Southern Tagalog. He instructed me to help disseminate this information so Kalinisan can immediately serve our people.
After the meeting, I immediately called up Mayor Mon Ilagan of Cainta, Rizal about this development and texted various friends in the media. Then I went to the Kalinisan warehouse at No. 10 Manggahan St., Bagumbayan, Libis, Quezon City where the factory is situated and conferred with the people in charge of the operations. I saw some dirty clothings already arriving from numerous victims and even saw more than 500 people-evacuees who are comfortably housed at the Kalinisan warehouse and supplied with foods, water and other needs mostly from Mrs. Peachy King, wife of Mr. Wyden King. Their condition is much-much better of than those who are now in other evacuation centers.We enjoin the concerned LGUs, government agencies, NGO’s , foundations, other individuals and the victims themselves to bring to Kalinisan such cloth items if theY have the logistics to do so, or coordinate with their respective LGUs how we can effectively carry out this mission.
You can get in touch directly to Kalinisan by calling or texting these numbers:
Tels. 6350601 to 05 local 128; CP # 0917-8909577 look for ALEX MALCO; or 0917-8591917 look for ESPIE DITABLAN. Likewise, you may call or text me at 09178936630.
Please pass this Note to others & let us do our little share in helping and uniting our nation by alleviating the plight of those who are most in need at such kind of moment. God bless us all.
ATTY RAUL LAMBINO
Thursday, August 06, 2009
Yellow
My mom (God bless her soul.) was a classic idealist of her generation. To my lolo’s great frustration, she, like many of her peers, was a student activist in her youth. She and several friends founded an organization that later became one of the better known student activist groups. They used the basement of my grandfather’s company as their meeting place, their makeshift headquarters. When the military heard of this budding movement, plans were made to alleviate the potential thorn. As luck would have it, my lolo had a close friend from way back who happened to be a highly-regarded general. Having heard of the planned raid within minutes of the actual deployment of soldiers, he promptly phoned my lolo to warn him. My lolo had all papers, paraphernalia and other materials in the basement that could be traced to my mom be burned or otherwise destroyed. My mom was promptly sent to distant relatives in far-flung Gumaca, Quezon, which, if you’ve been there, is almost literally in the middle of nowhere. Quezon being NPA country, was a relatively safe place to hide, at least until things in Manila died down.
When I was young, my mom and I used to go through her old photos from college, and she would always tear up when she showed me pictures of her friends who died or disappeared during Martial Law. One friend of hers, a tall, fair-skinned, rather frail-looking girl, was imprisoned for activist activities, and died in prison. That was not the worst part. My mom told me, her voice cracking, that her friend was gang-raped by prison guards, and at some point, withdrew into insanity when she could no longer take the pain. She later hung herself in the same cell that had borne witness to the vile, despicable acts that had driven her to seek refuge in herself.
My mom had strong political beliefs, and would never back down when opposed. Prior to the 1992 elections, I remember my mom and my dad had a rather heated argument over who to vote for. My mom was a strong Salonga supporter, and staunchly opposed my dad’s politics. My mom valued her right to suffrage, and felt it was her responsibility to thoroughly discern who would best serve the country. My dad, well, at the time, I remember him saying that he would vote for this or that candidate based on how he thought HE would benefit. And there the great debate came to a screeching halt. Enter the war that my dad should have realized he had no chance of winning.
In the fashion that my lolo raised them, my mom did her best to teach us to speak not only when spoken to. Opinions were made to be expressed. Beliefs were made to be acted upon. We were punished for transgresses, but not before we explained at great length why we did what we did, and were made to understand why we were being punished.
When I was in college, I remember having heard at a forum that our generation, compared to our parents’, was essentially a generation of spoiled brats with no balls, so to speak. We had never had to live through a war, to fight for suffrage, to help overthrow a dictatorship, to face real political struggle, had not voiced any real dissent, and if one really thinks about it, it IS true. Our grandparents had the Second World War. Our great-grandparents had the First. Our parents had both the Vietnam War AND Martial Law.
It was in the context of this debate about whether our generation did have balls that EDSA 2 came around. Although I can only speak for those I know personally, and for those whom I had the opportunity to talk to during those several days we spent in the midst of a growing throng of people, I think it would be accurate to say that we thought we were doing a great thing, standing up for what was right and just, actively fighting against what we believed was a corrupt and immoral regime. We were a generation of idealists, albeit a more tech-savvy one.
I do not regret having participated then. I DO regret the circumstances that we somehow thrust the country into post-EDSA 2. Looking back, I find myself appalled at how such an opportunity for change was somehow manipulated into the concentration of political power in an administration that in my mind ranks second only to Marcos. Or maybe even rivals the Marcos years, if some political analysts are to be believed.
Although I was too young to know my politics all that well, it seems to me that every single president since Cory Aquino has been besieged with not unfounded charges of graft and corruption, of that dreaded Filipino affliction called padrino politics. I am sure that the Aquino administration was far from perfect. However, compared to her successors, Cory Aquino seems to me fairly unmarred by such charges. I sincerely doubt that (knock on wood) if any of her successors dies, any of them will be accorded the same respect, reverence, even, that has been given to Cory Aquino. Ironic, isn’t it, how drastically different, completely opposite, even, the two female presidents of the Philippines have turned out to be? The lady with the rosary in yellow, and the...um, gremlin. With a mole.
On a personal note, Cory’s death brings to the fore the excruciating ordeal of having lost my mom, whose death left a void that will never be filled. These thoughts come dangerously close to the death of my dear cousin Francis, who lost his life in a violent vehicular accident three months ago. With all that, my great fondness for Mama, my lola, who turned 80 last month, only serves to heighten the emotions that have been surging since I started watching the tv coverage of Cory Aquino’s affliction with cancer, her battle with the dreaded disease, and her eventual demise.
Right now, I am watching the ABS-CBN documentary Laban Ni Cory on Channel 2, which is as much a documentary on Martial Law and the EDSA People Power movement as it is about Cory Aquino. Nakakakilabot. That’s the only word that can describe it, particularly when they play Magkaisa and Handog ng Pilipino sa Mundo. It provides a glimpse at how great the people of this country can be, and how far a people united can go. This is the precise opposite of how most people I know feel, i.e. willing to swap their Filipino citizenship for another without batting an eyelash. Or, at the very least, to seek refuge, emotional, spiritual, financial or otherwise, in a foreign land.
I do not know how far Cory Aquino’s death will affect the current clamor for good governance and for political change, if any will come around at all. I do not know in what capacity, if at all, this will serve as a catalyst for things to come. However, all being said and done, I just hope that everything that our parents fought for, that all those lives that were sacrificed for the sake of that vague concept called democracy, will not go to waste. As much as I was an idealist then, I acknowledge now that such idealism fades. Left to its own vices, a candle will eventually burn out.
As I have prayed for all my loved ones who have gone ahead to what I hope is a better place, I pray for the repose of the soul of the former president, who, although I never knew her, was somehow able to touch my life in a way that very few have. I pray for her family, who are going through the most painful experience of losing a loved one.
Lastly, for all out sakes, I pray that it will not be necessary to move on to the next life to get to a better place.
Thursday, January 08, 2009
Please read.
I got this from Heidi. Please pass to your UP friends.
Paying It Back for Mang Meliton a.k.a "Mang Milton"
Posted by Mike on Dec 26, '08 10:06 PM
Meet Meliton Zamora, a retired University of the
For forty-five years, he swept floors, cleaned up trash, watered plants and did odd jobs at the University.
I met him when I was active with the UP Repertory Company, a theater group based (then) at the third floor lobby of the Arts & Sciences (AS) buildin
Back then, for me he was just one of those characters whom you got acquainted with and left behind as soon as you earned your degree and left the university for some big job in the real world. Someone whose name would probably ring a bell but whose face you'd have a hard time picturin
The year was 1993 and I was on my last semester as a Clothing Technology student. My parents had been down on their luck and were struggling to pay for my tuition fee. I had been categorized as Bracket 9 in the recently implemented Socialized Tuiton and Financial Assistance Program (STFAP). My father had lost his job and to supplement my allowance, I worked part time as a Guest Relations Officer at Sam's Diner (back when the term GRO didn't have shady undertones) and took some odd jobs as a Production Assistant, movie extra and wardrobe mistress.
To be eligible for graduation, I had to enroll in my last three courses and pay my tuition fee. Since my parents didn't have enough money for my matriculation, I applied for a student loan hoping that my one of my Home Economics (HE) professors would take pity on me and sign on as a guarantor for the student loan. But those whom I approached either refused or were not eligible as guarantors. After two unsuccessful weeks of looking for a guarantor, my prospects looked dim, my future dark. And so, there I was, a downtrodden twenty year old with a foggy future, crying in the AS lobby. I only had twenty four hours left to look for a guarantor.
Mang Mel, with a mop in hand, approached me and asked me why I was cryin
I paid my student loan the summer after that fateful day with Mang Milton and it has been 15 years since then. I am not filthy rich but I do have a good job in the real world that allows me to support my family and eat three meals a day. A few weeks ago, a friend and UP Professor, Daki, told me that Mang Mel recently recorded an album which he sells to supplement his meager retirement pay, I asked another friend, Blaise, who's taking his Master's degree at UP to find out how we could contact Mang Mel. My gesture of gratitude for Mang Mel's altruism has been long overdue. As fate would have it, my friend saw Mang Mel coming out of the shrubbery from behind the UP library, carrying firewood. He got Mang Mel's address and promised him that we would come over to buy his album.
Together with Blaise and my husband Augie, I went to pay Mang Mel a visit last Sunday. Unfortunately, he was out doing a little sideline gardening for a UP professor in Tandang Sora. We were welcomed into their home by his daughter Kit. As she pointed out to a laminated photo of Mang Mel on the wall, she proudly told us that her father did retire with recognition from the University. However, she sadly related to us that many of the students whose loans Mang Mel guaranteed neglected to settle their student loans. After forty-five years of service to the University, Mang Mel was only attributed 171 days of work for his retirement pay because all the unpaid student loans were deducted from his full retirement pay of about 675 days. This seems to me a cruel repayment for his kindness.
This is a cybercall to anyone who did not get to pay their student loans that were guaranteed by Mang Mel. Anytime would be a good time to show Mang Mel your gratitude.
Mang Mel is not asking for a dole out, though I know he will be thankful for any assistance you can give. So I ask those of you who also benefited from Mang Meliton's goodness or for those who simply wish to share your blessings, please do visit Mang Mel and buy his CD (P350 only) at No. 16-A, Block 1, Pook Ricarte, U.P. Campus, Diliman, Quezon City (behind UP International House) or contact his daughter Kit V. Zamora at 0916-4058104.
Baka kilala niyo.
Long weekends for 2009
Time to plan ahead, book in advance, plot your leave, etcetera,
April 9 - 13, Thursday to Monday - Maundy Thursday, Good Friday, and Araw ng Kagitingan (Bataan and Corregidor day) (5 days)
May 1 - 3, Friday to Sunday - Labor Day (3 days)
June 12 - 14, Friday to Sunday - Independence Day (3 days)
August 22 - 24, Saturday to Monday - Ninoy Aquino day (3 days)
August 29 - 31, Saturday to Monday - National Heroes' day (3 days)
November 28 - 30, Saturday to Monday - Andres Bonifacio day (3 days)
December 25- 27 Friday to Sunday - Christmas Day (3 days)
December 30 -31 Wednesday to Thursday - (Rizal Day) to January 1-3, 2010 (New Year) Friday to Sunday (5 days)
Tuesday, January 06, 2009
Yikes.
Is this for real???!!!
http://www.abs-cbnnews.com/nation/01/05/09/leading-law-firm-victim-scam
Wednesday, December 10, 2008
Why spend?
So anyway, one wise Starbucks barista once taught me to order a grande Americano in a tall cup instead of a triple tall Americano. Saved me Php20-30 per order during bar review. (It took AT LEAST two grande Americanos in a tall cup everyday to keep me awake everyday. Add up my coffee bill during bar review, and... On second thought, never mind. Bygones.) Thanks Mr. Barista! Hehe!
Anyhoo, let me make it clear that I am not rich, by any known or unknown standards. I am also not the most monetarily efficient person alive. I take a cab to and from work everyday. (I live in Quezon City; my office is in Makati. Go figure.) I go to Baguio every weekend, and when I’m there, I treat Tita Susan and Jem to lunch or dinner, buy Cassie her cute little baby things... I buy little trinkets for myself and for my family. I recently completed my Christmas shopping, and ended up spending a looooooooot. I was able to get nice gifts for my family and close friends this year though. I had to cut my office presents budget though. But it’s all good.
In light of this, here are my TOP 5 REASONS TO SPEND THIS HOLIDAY SEASON:
(5) It’s the season to be jolly. (My Christmas list is looooooooooooooong. But I finished my Christmas shopping in record time, and quite a bit ahead of schedule.)
(4) Money was made to be spent. Otherwise, go barter stuff.
(3) Because you can.It’s YOUR money, anyway. Who’s to say what you should and should not spend it on?
(2) In order to be inspired to work, you have to feel the fruits of your labor.
(1) To prevent an economic slowdown / recession, money has to circulate. So the next time you consider whether or not to buy that LV you’ve been stalking, those shoes that your feet are begging to seen in, or that phone that would go perfectly with everything, don’t think, just buy. Whip out the cash or the plastic, and go spend! Just think, you’re doing it for the economy. And no, not just the local economy, but the global economy. You’re a hero.
Friday, December 05, 2008
Thursday, December 04, 2008
Wednesday, December 03, 2008
On Immersion
I was directed to this post by Nico, who got it from Jules (Cabigon)'s post:
http://juliusivan.multiply.com/photos/album/132/MGA_ATENISTA_READ_THIS?replies_read=19
I think Jules' post is restricted to his contacts, so I just attached the screen grabs
My thoughts on the matter:
I did not think the facilities at our immersion site (Napindan, Taguig) rivalled the comforts of a fancy shmancy hotel, or home, and I did cringe at a lot of things. I was relieved when I got back to the dorm after my immersion weekend and take a long hot shower. There's no denying any of that. However, I think what some students fail to realize is that the point of the immersion experience is not to provide students with a grand vacation or a literal walk in the park. In this country, and in countless others around the world, social inequity has become a way of life. Most have become so desensitized to the tragedy that has befallen this race because we live with it every single day. We pass shanties on our way to work. We look absently out the window at beggars and toddlers rummaging through trash to find a decent meal. Our trash is, quite literally, their treasure. Though the immersion experience can not and will not make staunch advocates of us all, at the very least, it will send the tiniest waves of realization lapping at our feet. I just find it sad, really, that for some, the experience failed to achieve this for this girl. It would have made a better person out of her.
Friday, November 07, 2008
Washington voters approve assisted suicide initiative
http://seattletimes.nwsource.com/html/localnews/2008352565_apwaassistedsuicide2ndldwritethru.html?syndication=rss
Wash. voters approve assisted suicide initiative
Voters approved Initiative 1000 on Tuesday, making Washington the second state to give terminally ill people the option of medically assisted suicide.
Voters approved Initiative 1000 on Tuesday, making Washington the second state to give terminally ill people the option of medically assisted suicide.
The ballot measure, patterned after Oregon's "Death with Dignity" law, allows a terminally ill person to be prescribed lethal medication, which would be self-administered.
With about 43 percent of the expected vote counted Tuesday in unofficial returns, I-1000 was being approved by a margin of about 58 percent to about 42 percent.
Supporters, led publicly by Democratic former Gov. Booth Gardner, said the initiative would provide a compassionate way for terminally ill people to die.
Gardner has Parkinson's disease, an incurable disorder that causes tremors and stiff or frozen limbs. Gardner, who would not be eligible under I-1000 because Parkinson's is not considered fatal, said he pushed the measure in his "last campaign" because he understood why other ill people would want the option.
Opponents, including the Catholic church, said assisted suicide is a dangerous step that devalues human life. Critics also said the assisted suicide measure could exploit depressed or vulnerable people who worry they've become a burden on their families.
The measure involved a multimillion-dollar campaign, including TV advertisements featuring actor Martin Sheen, who urged a "no" vote. But polling before Election Day showed I-1000 with significant support.
Outside of Oregon, advocates of similar laws haven't fared well. California, Michigan and Maine voters rejected the idea, and bills have failed in statehouses around the country. In Washington, voters rejected physician-assisted suicide in 1991.
This year's proposal differs from the earlier Washington measure - it doesn't allow doctors to administer lethal drugs on behalf of patients who can't do so themselves.
Any patient requesting the fatal medication must be at least 18, declared competent and a resident of Washington state.
The patient would have to make two oral requests, 15 days apart, and submit a written request witnessed by two people, including one person who is not a relative, heir, attending doctor, or connected with a health facility where the requester lives.
Two doctors also would have to certify that the patient has a terminal condition and six months or less to live.
Most suffered from cancer, and the most common reasons reported for choosing assisted suicide were loss of autonomy, loss of dignity and a decreasing ability to participate in activities they enjoyed.
The decision on I-1000 was a personal one for 82-year-old Jean Hoggarth of Yakima. She battled breast cancer and the disease now has spread to her bones, but voted against the initiative.
"I've had experience with people dying, but I believe it can be done peacefully," Hoggarth said. "And we have doctors today who give the best care. They should be allowed to do that all the way to the end."
Mike Dingus, a 39-year-old long-term care worker in Yakima, voted "yes."
"You don't get much choice coming in, so you should get some choice going out," Dingus said.
---
AP Writer Shannon Dininny contributed to this report from Yakima.
Copyright © 2008 The Seattle Times Company
Thursday, November 06, 2008
Text of John McCain's Concession Speech
http://ap.google.com/article/ALeqM5hmJfimrZW3jBur_BmaFtqj7mfFgQD948JFJG5
Text of McCain's concession speech
Text of Republican John McCain's concession speech Tuesday in Phoenix, as transcribed by CQ Transcriptions.
___
MCCAIN: Thank you. Thank you, my friends. Thank you for coming here on this beautiful Arizona evening.
My friends, we have — we have come to the end of a long journey. The American people have spoken, and they have spoken clearly.
A little while ago, I had the honor of calling Senator Barack Obama to congratulate him.
(BOOING)
Please.
To congratulate him on being elected the next president of the country that we both love.
In a contest as long and difficult as this campaign has been, his success alone commands my respect for his ability and perseverance. But that he managed to do so by inspiring the hopes of so many millions of Americans who had once wrongly believed that they had little at stake or little influence in the election of an American president is something I deeply admire and commend him for achieving.
This is an historic election, and I recognize the special significance it has for African-Americans and for the special pride that must be theirs tonight.
I've always believed that America offers opportunities to all who have the industry and will to seize it. Senator Obama believes that, too.
But we both recognize that, though we have come a long way from the old injustices that once stained our nation's reputation and denied some Americans the full blessings of American citizenship, the memory of them still had the power to wound.
A century ago, President Theodore Roosevelt's invitation of Booker T. Washington to dine at the White House was taken as an outrage in many quarters.
America today is a world away from the cruel and frightful bigotry of that time. There is no better evidence of this than the election of an African-American to the presidency of the United States.
Let there be no reason now ... Let there be no reason now for any American to fail to cherish their citizenship in this, the greatest nation on Earth.
Senator Obama has achieved a great thing for himself and for his country. I applaud him for it, and offer him my sincere sympathy that his beloved grandmother did not live to see this day. Though our faith assures us she is at rest in the presence of her creator and so very proud of the good man she helped raise.
Senator Obama and I have had and argued our differences, and he has prevailed. No doubt many of those differences remain.
These are difficult times for our country. And I pledge to him tonight to do all in my power to help him lead us through the many challenges we face.
I urge all Americans ... I urge all Americans who supported me to join me in not just congratulating him, but offering our next president our good will and earnest effort to find ways to come together to find the necessary compromises to bridge our differences and help restore our prosperity, defend our security in a dangerous world, and leave our children and grandchildren a stronger, better country than we inherited.
Whatever our differences, we are fellow Americans. And please believe me when I say no association has ever meant more to me than that.
It is natural. It's natural, tonight, to feel some disappointment. But tomorrow, we must move beyond it and work together to get our country moving again.
We fought — we fought as hard as we could. And though we feel short, the failure is mine, not yours.
AUDIENCE: No!
MCCAIN: I am so...
AUDIENCE: (CHANTING)
MCCAIN: I am so deeply grateful to all of you for the great honor of your support and for all you have done for me. I wish the outcome had been different, my friends.
AUDIENCE MEMBER: We do, too (OFF-MIKE)
MCCAIN: The road was a difficult one from the outset, but your support and friendship never wavered. I cannot adequately express how deeply indebted I am to you.
I'm especially grateful to my wife, Cindy, my children, my dear mother ... my dear mother and all my family, and to the many old and dear friends who have stood by my side through the many ups and downs of this long campaign.
I have always been a fortunate man, and never more so for the love and encouragement you have given me.
You know, campaigns are often harder on a candidate's family than on the candidate, and that's been true in this campaign.
All I can offer in compensation is my love and gratitude and the promise of more peaceful years ahead.
I am also — I am also, of course, very thankful to Governor Sarah Palin, one of the best campaigners I've ever seen ... one of the best campaigners I have ever seen, and an impressive new voice in our party for reform and the principles that have always been our greatest strength ... her husband Todd and their five beautiful children ... for their tireless dedication to our cause, and the courage and grace they showed in the rough and tumble of a presidential campaign.
We can all look forward with great interest to her future service to Alaska, the Republican Party and our country.
To all my campaign comrades, from Rick Davis and Steve Schmidt and Mark Salter, to every last volunteer who fought so hard and valiantly, month after month, in what at times seemed to be the most challenged campaign in modern times, thank you so much. A lost election will never mean more to me than the privilege of your faith and friendship.
I don't know — I don't know what more we could have done to try to win this election. I'll leave that to others to determine. Every candidate makes mistakes, and I'm sure I made my share of them. But I won't spend a moment of the future regretting what might have been.
This campaign was and will remain the great honor of my life, and my heart is filled with nothing but gratitude for the experience and to the American people for giving me a fair hearing before deciding that Senator Obama and my old friend Senator Joe Biden should have the honor of leading us for the next four years.
(BOOING)
Please. Please.
I would not — I would not be an American worthy of the name should I regret a fate that has allowed me the extraordinary privilege of serving this country for a half a century.
Today, I was a candidate for the highest office in the country I love so much. And tonight, I remain her servant. That is blessing enough for anyone, and I thank the people of Arizona for it.
AUDIENCE: USA. USA. USA. USA.
MCCAIN: Tonight — tonight, more than any night, I hold in my heart nothing but love for this country and for all its citizens, whether they supported me or Senator Obama — whether they supported me or Senator Obama.
I wish Godspeed to the man who was my former opponent and will be my president. And I call on all Americans, as I have often in this campaign, to not despair of our present difficulties, but to believe, always, in the promise and greatness of America, because nothing is inevitable here.
Americans never quit. We never surrender.
We never hide from history. We make history.
Thank you, and God bless you, and God bless America. Thank you all very much.
Wednesday, November 05, 2008
Transcript: 'This is your victory,' says Obama
For Nico.
In the spirit of judging the content of Barack Obama's speech minust the mob melodrama...
http://edition.cnn.com/2008/POLITICS/11/04/obama.transcript/index.html?iref=mpstoryview
CHICAGO, Illinois (CNN) -- Sen. Barack Obama spoke at a rally in Grant Park in Chicago, Illinois, after winning the race for the White House Tuesday night. The following is an exact transcript of his speech.
Barack Obama speaks at a rally in Chicago, Illinois, after winning the presidency Tuesday night.
Hello, Chicago.
If there is anyone out there who still doubts that America is a place where all things are possible, who still wonders if the dream of our founders is alive in our time, who still questions the power of our democracy, tonight is your answer.
It's the answer told by lines that stretched around schools and churches in numbers this nation has never seen, by people who waited three hours and four hours, many for the first time in their lives, because they believed that this time must be different, that their voices could be that difference.
It's the answer spoken by young and old, rich and poor, Democrat and Republican, black, white, Hispanic, Asian, Native American, gay, straight, disabled and not disabled. Americans who sent a message to the world that we have never been just a collection of individuals or a collection of red states and blue states.
We are, and always will be, the United States of America.
It's the answer that led those who've been told for so long by so many to be cynical and fearful and doubtful about what we can achieve to put their hands on the arc of history and bend it once more toward the hope of a better day.
It's been a long time coming, but tonight, because of what we did on this date in this election at this defining moment change has come to America.
A little bit earlier this evening, I received an extraordinarily gracious call from Sen. McCain.
Sen. McCain fought long and hard in this campaign. And he's fought even longer and harder for the country that he loves. He has endured sacrifices for America that most of us cannot begin to imagine. We are better off for the service rendered by this brave and selfless leader.
I congratulate him; I congratulate Gov. Palin for all that they've achieved. And I look forward to working with them to renew this nation's promise in the months ahead.
I want to thank my partner in this journey, a man who campaigned from his heart, and spoke for the men and women he grew up with on the streets of Scranton and rode with on the train home to Delaware, the vice president-elect of the United States, Joe Biden.
And I would not be standing here tonight without the unyielding support of my best friend for the last 16 years the rock of our family, the love of my life, the nation's next first lady Michelle Obama.
Sasha and Malia I love you both more than you can imagine. And you have earned the new puppy that's coming with us to the new White House.
And while she's no longer with us, I know my grandmother's watching, along with the family that made me who I am. I miss them tonight. I know that my debt to them is beyond measure.
To my sister Maya, my sister Alma, all my other brothers and sisters, thank you so much for all the support that you've given me. I am grateful to them.
And to my campaign manager, David Plouffe, the unsung hero of this campaign, who built the best -- the best political campaign, I think, in the history of the United States of America.
To my chief strategist David Axelrod who's been a partner with me every step of the way.
To the best campaign team ever assembled in the history of politics you made this happen, and I am forever grateful for what you've sacrificed to get it done.
But above all, I will never forget who this victory truly belongs to. It belongs to you. It belongs to you.
I was never the likeliest candidate for this office. We didn't start with much money or many endorsements. Our campaign was not hatched in the halls of Washington. It began in the backyards of Des Moines and the living rooms of Concord and the front porches of Charleston. It was built by working men and women who dug into what little savings they had to give $5 and $10 and $20 to the cause.
It grew strength from the young people who rejected the myth of their generation's apathy who left their homes and their families for jobs that offered little pay and less sleep.
It drew strength from the not-so-young people who braved the bitter cold and scorching heat to knock on doors of perfect strangers, and from the millions of Americans who volunteered and organized and proved that more than two centuries later a government of the people, by the people, and for the people has not perished from the Earth.
This is your victory.
And I know you didn't do this just to win an election. And I know you didn't do it for me.
You did it because you understand the enormity of the task that lies ahead. For even as we celebrate tonight, we know the challenges that tomorrow will bring are the greatest of our lifetime -- two wars, a planet in peril, the worst financial crisis in a century.
Even as we stand here tonight, we know there are brave Americans waking up in the deserts of Iraq and the mountains of Afghanistan to risk their lives for us.
There are mothers and fathers who will lie awake after the children fall asleep and wonder how they'll make the mortgage or pay their doctors' bills or save enough for their child's college education.
There's new energy to harness, new jobs to be created, new schools to build, and threats to meet, alliances to repair.
The road ahead will be long. Our climb will be steep. We may not get there in one year or even in one term. But, America, I have never been more hopeful than I am tonight that we will get there.
I promise you, we as a people will get there.
There will be setbacks and false starts. There are many who won't agree with every decision or policy I make as president. And we know the government can't solve every problem.
But I will always be honest with you about the challenges we face. I will listen to you, especially when we disagree. And, above all, I will ask you to join in the work of remaking this nation, the only way it's been done in America for 221 years -- block by block, brick by brick, calloused hand by calloused hand.
What began 21 months ago in the depths of winter cannot end on this autumn night.
This victory alone is not the change we seek. It is only the chance for us to make that change. And that cannot happen if we go back to the way things were.
It can't happen without you, without a new spirit of service, a new spirit of sacrifice.
So let us summon a new spirit of patriotism, of responsibility, where each of us resolves to pitch in and work harder and look after not only ourselves but each other.
Let us remember that, if this financial crisis taught us anything, it's that we cannot have a thriving Wall Street while Main Street suffers.
In this country, we rise or fall as one nation, as one people. Let's resist the temptation to fall back on the same partisanship and pettiness and immaturity that has poisoned our politics for so long.
Let's remember that it was a man from this state who first carried the banner of the Republican Party to the White House, a party founded on the values of self-reliance and individual liberty and national unity.
Those are values that we all share. And while the Democratic Party has won a great victory tonight, we do so with a measure of humility and determination to heal the divides that have held back our progress.
As Lincoln said to a nation far more divided than ours, we are not enemies but friends. Though passion may have strained, it must not break our bonds of affection.
And to those Americans whose support I have yet to earn, I may not have won your vote tonight, but I hear your voices. I need your help. And I will be your president, too.
And to all those watching tonight from beyond our shores, from parliaments and palaces, to those who are huddled around radios in the forgotten corners of the world, our stories are singular, but our destiny is shared, and a new dawn of American leadership is at hand.
To those -- to those who would tear the world down: We will defeat you. To those who seek peace and security: We support you. And to all those who have wondered if America's beacon still burns as bright: Tonight we proved once more that the true strength of our nation comes not from the might of our arms or the scale of our wealth, but from the enduring power of our ideals: democracy, liberty, opportunity and unyielding hope.
That's the true genius of America: that America can change. Our union can be perfected. What we've already achieved gives us hope for what we can and must achieve tomorrow.
This election had many firsts and many stories that will be told for generations. But one that's on my mind tonight's about a woman who cast her ballot in Atlanta. She's a lot like the millions of others who stood in line to make their voice heard in this election except for one thing: Ann Nixon Cooper is 106 years old.
She was born just a generation past slavery; a time when there were no cars on the road or planes in the sky; when someone like her couldn't vote for two reasons -- because she was a woman and because of the color of her skin.
And tonight, I think about all that she's seen throughout her century in America -- the heartache and the hope; the struggle and the progress; the times we were told that we can't, and the people who pressed on with that American creed: Yes we can.
At a time when women's voices were silenced and their hopes dismissed, she lived to see them stand up and speak out and reach for the ballot. Yes we can.
When there was despair in the dust bowl and depression across the land, she saw a nation conquer fear itself with a New Deal, new jobs, a new sense of common purpose. Yes we can.
When the bombs fell on our harbor and tyranny threatened the world, she was there to witness a generation rise to greatness and a democracy was saved. Yes we can.
She was there for the buses in Montgomery, the hoses in Birmingham, a bridge in Selma, and a preacher from Atlanta who told a people that "We Shall Overcome." Yes we can.
A man touched down on the moon, a wall came down in Berlin, a world was connected by our own science and imagination.
And this year, in this election, she touched her finger to a screen, and cast her vote, because after 106 years in America, through the best of times and the darkest of hours, she knows how America can change.
Yes we can.
America, we have come so far. We have seen so much. But there is so much more to do. So tonight, let us ask ourselves -- if our children should live to see the next century; if my daughters should be so lucky to live as long as Ann Nixon Cooper, what change will they see? What progress will we have made?
This is our chance to answer that call. This is our moment.
This is our time, to put our people back to work and open doors of opportunity for our kids; to restore prosperity and promote the cause of peace; to reclaim the American dream and reaffirm that fundamental truth, that, out of many, we are one; that while we breathe, we hope. And where we are met with cynicism and doubts and those who tell us that we can't, we will respond with that timeless creed that sums up the spirit of a people: Yes, we can.
Thank you. God bless you. And may God bless the United States of America.
Friday, October 17, 2008
Horse hangover
Pictured: Fat Boy, the pony who got drunk on fermented apples and fell into a swimming pool
By Luke Salkeld
Last updated at 2:10 AM on 16th October 2008
It was not Fat Boy the pony's best night. First he ate so many fermented apples that he became drunk.
Then he staggered across a garden and tumbled into a swimming pool.
Unable to extricate himself, he had to endure the final embarrassment of being hauled out by the fire brigade.
Good night out: The tipsy pony was unable to get out of the swimming pool after accidentally falling in
It is clear from the picture on the right that the humiliating chain of events left Fat Boy feeling rather long in the face.
However, apart from a probable hangover, he is none the worse for wear after his adventures, his bulk helping him cope with the chilly water of the swimming pool.
His predicament was discovered by 28-year-old Sarah Penhaligon who woke up after hearing a splash from her garden and went outside to find the 12-year-old Moorland Pony in some distress.
'When I looked outside I saw this massive animal in the dark and I thought the Beast of Bodmin was in the pool.
Four legs less: The hapless horse broke into a back garden with another pony and began munching on apples before falling in the pool
'I didn't have a clue what to do next - who do you call when there's a horse stuck in your swimming pool?
'He looked a bit panicked,' Miss Penhaligon added.
'He was trying to get out but couldn't manage it and was getting very tired.'
She said she sat down next to him and tried to calm him down - by feeding him more apples.
Fat Boy had escaped from the nearby Trenance Riding Stables in Newquay, Cornwall, and broken into Miss Penhaligon's garden where he gorged on rotting fruit on the ground - which had begun to ferment and produce alcohol.
Water jump: Sarah Penhaligon next to her swimming pool into which Fat Boy fell after eating too many fermented apples
Police and fire crews arrived early on Tuesday and spent two hours building a set of steps into the pool. They hoisted him out two hours later with the help of several harnesses.
One of the staff at the stables said: 'It looks like he was scrounging for apples in the garden and fell in when he trod on the tarpaulin over the pool.
'It's a good job he's got a lot of bulk, as it kept him warm. He was checked over by a vet, but he's fine.'
Sobering lesson: It's the morning after the night before for Fat Boy, who was probably nursing a bit of a hangover
From CNN: Unlisted address stops lawsuit against God
Talk about improper service. Hahahaha!!!
http://edition.cnn.com/2008/US/10/15/suing.god.ap/index.html
Unlisted address stops lawsuit against God
LINCOLN, Nebraska (AP) -- A judge has thrown out a Nebraska state legislator's lawsuit against God, saying the Almighty wasn't properly served because of his unlisted home address.
State Sen. Ernie Chambers filed the lawsuit last year seeking a permanent injunction against God. He said God has made terroristic threats against the senator and his constituents in Omaha, inspired fear and caused "widespread death, destruction and terrorization of millions upon millions of the Earth's inhabitants."
Chambers has said he filed the lawsuit to make the point that everyone should have access to the courts regardless of whether they are rich or poor.
On Tuesday, however, Douglas County District Court Judge Marlon Polk ruled that under state law, a plaintiff must have access to the defendant for a lawsuit to move forward.
"Given that this court finds that there can never be service effectuated on the named defendant, this action will be dismissed with prejudice," Polk wrote.
Chambers, who graduated from law school but never took the bar exam, thinks he's found a hole in the judge's ruling.
"The court itself acknowledges the existence of God," Chambers said Wednesday. "A consequence of that acknowledgment is a recognition of God's omniscience."
Therefore, Chambers said, "Since God knows everything, God has notice of this lawsuit."
Chambers has 30 days to decide whether to appeal. He said he hasn't decided yet.
Chambers, who has served a record 38 years in the Nebraska Legislature, is not returning next year because of term limits. He skips morning prayers during the legislative session and often criticizes Christians.
Tuesday, October 07, 2008
You can't eat your cake and have it too. (from Sarj)
“Correct usage of a much-abused proverb first recorded in the 16th century has become evidence. In paragraph 185 of his 35,000-word “manifesto,” published under duress by The Washington Post and The New York Times, the Unabomber wrote, “As for the negative consequences of eliminating industrial society — well, you can’t eat your cake and have it too — to gain one thing you have to sacrifice another.” In a letter discovered in Kaczynski’s mother’s home — a letter that inexplicably found its way into the media — the same proverb appears in the same words, with the same lack of a comma before the “too.”
“In both instances, the having and the eating were in correct order. Many people err in saying, “You can’t have your cake and eat it, too,” because you can — first you have it, and then you eat it. The impossible is the other way around; to “eat your cake and have it” is the absurdity that makes the point. Both the Unabomber’s creed and the Kaczynski letter had it right, which is more than can be said for half the quoters of the proverb.”
You can't eat your cake and have it too.
“Correct usage of a much-abused proverb first recorded in the 16th century has become evidence. In paragraph 185 of his 35,000-word “manifesto,” published under duress by The Washington Post and The New York Times, the Unabomber wrote, “As for the negative consequences of eliminating industrial society — well, you can’t eat your cake and have it too — to gain one thing you have to sacrifice another.” In a letter discovered in Kaczynski’s mother’s home — a letter that inexplicably found its way into the media — the same proverb appears in the same words, with the same lack of a comma before the “too.”
“In both instances, the having and the eating were in correct order. Many people err in saying, “You can’t have your cake and eat it, too,” because you can — first you have it, and then you eat it. The impossible is the other way around; to “eat your cake and have it” is the absurdity that makes the point. Both the Unabomber’s creed and the Kaczynski letter had it right, which is more than can be said for half the quoters of the proverb.”
Friday, October 03, 2008
Refreshing post for the day (From Ngangi)
DISTURB US O LORD
Disturb Us, O Lord
when we are too well pleased with ourselves
when our dreams have come true because we have dreamed too little
when we arrived safely because we sailed too close to the shore
Disturb Us, O Lord
when with the abundance of things we possess
we have lost our thirst for the Waters of Life;
having fallen in love with life, we have ceased to dream of eternity.
And in our efforts to build a new earth,
we have allowed our vision of the new heaven to dim.
Disturb Us, O Lord - to dare more boldly
to venture on wider seas where storms will show your mastery
where losing sight of land, we shall find the stars.
We ask you push back the horizon of our hopes,
and to push us into the future with strength, courage, hope and love.
Sir Francis Drake
Thursday, October 02, 2008
Ateneo de Manila request for alumni email addresses
------------
Dear _________,
Peace!
As the Ateneo de Manila University nears its Sesquicentennial in 2009, we would like to get more of our alumni involved in this milestone event, whether here in Manila or in the many places in the world where you have chosen to make your homes. To disseminate information--news, plans, event updates and invitations--easily and quickly, may we please ask you to send us the email addresses of your Atenean friends and batchmates, with their full names, of course. You may reply to this message, or send updates to alumni@admu.edu.ph or rdalandan@ateneo.edu. A more comprehensive alumni update form is also available on the Ateneo website http://www.ateneo.edu/alumniupdate/.
Please feel free to forward this message to other Ateneans you know. We would like to make the celebration of our 150th year truly meaningful and involving the entire university community.
Thank you very much,
Bienvenido F. Nebres, SJ
President