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My Plea vs Suspension as Lawyer Due to Blogs Criticizing Napoles
My Plea vs Suspension as Lawyer
Due to Blogs Criticizing Napoles
Because the blogs I wrote that became the bases of the disbarment complaint filed by Janet Lim-Napoles were public anyway, and that because of these published blogs I have been recommended by the Board of Governors of the Integrated Bar of the Philippines (IBP) to be suspended for six (6) months from the practice of law, I am now waiving my right to confidentiality of the disbarment case against me so that I could make people understand more my positions in this issue.
So that I am now blogging my lengthy Motion for Reconsideration, which can be read below.
Republic of the Philippines
Integrated Bar of the Philippines
Julia Vargas Avenue, Pasig City
- versus - CBD Case No. 13-3908
Motion for Reconsideration
(From Extended Resolution)
The undersigned attorney, for himself as the respondent in this case, respectfully files this MOTION FOR RECONSIDERATION from the "Extended Resolution" dated 15 January 2016 signed for the Board of Governors by Ramon S. Esguerra, as Director of the Commission Bar Discipline, Integrated Bar of the Philippines.
The Timeliness
On 2 February 2016 the undersigned received the said "Extended Resolution" and the attached "Report and Recommendation" signed and submitted by Investigating Commissioner Arsenio P. Adriano.
Pursuant to the Resolution of the Supreme Court En Banc dated 31 July 2006 in Adm. Case No. 7055, entitled "Noriel J. Ramientas vs. Atty. Jocely P. Reyala," the respondent has fifteen (15) days to file a motion for reconsideration from the resolution of the IBP Board of Governors.
In this case, the fifteenth (15th) day falls on 17 February 2016.
Hence, the filing of this Motion for Reconsideration today, 15 February 2016, is timely.
The Grounds
With due respect, (a) misconduct does not apply in the case at bar because the act being complained about is not related at all to any work of a lawyer; (b) the two blogs subject matters of this case are not libel; and (c) the decision of the Board of Governors finding the undersigned guilty is not supported by any explanation or any law or jurisprudence.
The Discussions
No Misconduct
By the inherent meaning of the word misconduct, it means that it refers to a conduct related to official functions.
For a lawyer, it must be a conduct in relation to duties to clients, courts and quasi-judicial bodies where lawyers have to perform duties therefor, being a notary public, the community, and fellow lawyers.
In the instant case, the acts of the undersigned that have been put in issue are acts that are completely foreign from the work of him as a lawyer and to his duties as a lawyer.
In the first blog written by the undersigned, entitled "Meet girl in extremely-costly lifestyles using some of P10-B pork barrel of the people?", found at this link, http://totocausing.blogspot.com/2013/07/meet-girl-in-extremely-costly.html, there was nothing that indicated there that the undersigned as the author identified himself as a lawyer.
By thefact that the undersigned did not identify his name when he wrote that first blog, and did not also identify himself as a lawyer, the fellow lawyers of the undersigned cannot be put in bad light. All the readers read the blog as an ordinary person's blog, that's all. For sure, whatever intemperate rants there that may have been unpalatable were for sure generally and reasonably impressed upon readers that the same was written not by a lawyer.
ANNEX "A" -- A screenshot of the first blog, showing no name of the author, nothing that says the author was a lawyer.
ANNEX "A" clearly shows that there is nothing that is read showing the name of Atty. BerteniCataluña Causing as the author.
And if there is no name of Atty. Berteni Cataluña Causing, then he was writing the same not as a lawyer but as an ordinary blogger.
So that it cannot be said the undersigned committed misconduct by violating the Code of Professional Responsibilities that mandate the obligations of all lawyers to fellow lawyers.
To stress, anywhere in that blog, there was nothing that suggested that the author was a lawyer.
In other words, there was no intention on the part of the undersigned to identify himself as a lawyer in writing that first blog about the daughter of Napoles.
Again, with this as a fact, it cannot be said that the public who had read the first blog cannot suspect or cannot get any clear idea that the author was using his status as a lawyer.
Again, the same proves that the undersigned did not act in relation to his duties to fellow lawyers that they may be put in bad light.
In the second blog, entitled "Napoles daughter 'legalized' 'stolen' billions; Celebrated expensive 21st b-day in Hollywood," the undersigned even made it clearer that he was writing the second blog as a journalist and not as a lawyer.
In the preliminary statement, the undersigned wrote:
"(Note: The author writes this blog not as a lawyer but a journalist. Being a sportswriter in the beginning to becoming a senior desk editor and the news editor of then popular People's Tonight tabloid, he cannot sway away from him, his blood as a journalist. Foremost of his reason in writing this is the dictate of a blood of a patriot, crying to see billions of pesos of the People's money being flaunted in a heartless extravagance for pleasure like what the daughter of Janet Lim-Napoles did in wearing a set of apparels worth at least One Million Pesos. The author is reasonable in concluding that the money used by this daughter is no less than the money filtered from the billions of pesos of pork barrels, Malampaya gas royalty fund, and Fertilizer Fund of Joc-jocBolante fame.)"
This is supported by the second blog, which is marked hereto as ANNEX "B."
ANNEX "B" -- A screenshot of the second blog, showing no name of the author, nothing that says the author was a lawyer.
So that if the undersigned made his stand clear that he was acting as a journalist, there was no possibility that he can commit misconduct by violating the duty to his fellow lawyers not to put their name in bad light.
Therefore, even assuming without admitting that the same two blogs were libels, the undersigned cannot be said to have committed misconduct in relation to his obligation to his fellow lawyers.
Just to set the records straight, the undersigned did not commit any violation against his clients because the complainant and her daughter were not his clients.
Just to set the records straight, the undersigned did not commit any violation against the courts and the public.
Discussions in
relation to Canons
Let this be discussed in relation to Canon 1, Rule 1.01, Canon 13, Rule 13.01, and Canon 11.
Canon 1 states:
CANON 1 - A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and for legal processes.
Rule 1.01 states:
Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
As will be expounded below that the two blogs were not libel, it cannot now be said that the undersigned engaged in unlawful conduct.
As correctly found and as being undisputed, all the facts presented in the two blogs are truthful being based on the photograph and captions as well as the video provided by Jeane Lim Napoles on her Tumblr account or admitted no less by Jeane Lim Napoles that she caused to have been made or created.
Ergo, there is no dispute that all those facts cited by the undersigned are true. It is therefore not a dishonest conduct of the undersigned.
Now, it is clearer that the undersigned did not engage in deceitful act in the two blogs that he posted.
The undersigned did not tamper with the video and the photographs that he used in his blogs as these are true reproductions of the originals as posted by Jeane Lim Napoles.
The statements written as opinions out of those facts are clear to have not been libel so that these can never be unlawful, clear to have been truthful so that these can never constitute as dishonesty of the author, and clear to have not been deceitful because there has been employment of deception in the presentation of the same blogs.
Let us talk about Canon 13, particularly Rule 13.02.
But let us begin with Canon 13, that says:
CANON 13.A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance or influencing the Court.
Rule 13.02 states:
Rule 13.02. A lawyer shall not make public statements in the mediaregarding a pending case tending to arouse public opinion foror against a party.
In this case, it can never be said that the undersigned attorney tended to arouse public opinion for or against a party.
This is because this does not apply on the undersigned attorney because he had no case for or against any of the Napoles family.
More so that it cannot apply because there was no cause yet at that time against Napoles. Inquirernewspaper had just started its series of exposes against Napoles at that time.
So that it is erroneous to say that the undersigned wrote and published those blogs in order to arouse public opinion for or against a party. The undersigned has had no ill motive to write just to put the Napoleses in more bad light. The theme of corruption of pork barrels was too overwhelming at that time in order to have a room for personal objective.
The truth of the matter is that it cannot even be determined whether the blogs of the undersigned caused even to get attention from the public if only to know whether the blogs of the undersigned aroused public opinion.
For sure, it is a judicial notice to the IBP Board of Governors that the news about Napoles pork barrel scandal had been the daily meals over at ABS-CBN, GMA-7, TV-5 and even government television networks, the big radio stations such as DZRH, DZXL, BomboRadyo, DZMM, DZBB, the big newspapers such as Philippine Daily Inquirer, Philippine Star, Manila Bulletin, etc.
If ever there aroused public interest against the Napoles family, it was no other than the mainstream media and not the whimper generated by the blogs of the undersigned compared to these major media entities as the online media has never been still as effective as the mainstream's.
So that it is grossly unfair for the IBP Board of Governors to make an opinion that the undersigned aroused public interest against Napoles when there is no basis at all.
Nevertheless, it cannot be avoided for the public to react heavily against the Napoleses considering the issues that turned out: stealing of pork barrel funds by billions of pesos as appearing in the investigation done by the National Bureau of Investigation (NBI), the Department of Justice (DOJ), and the Senate investigation.
In sum, there is no basis to convict the undersigned for the proven misdeeds of the Napoles family, including the conviction on the account of serious illegal detention suffered by witness BenhurLuy.
Let us now go to Canon 11, which says:
CANON 11. A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.
This canon does not apply in the case at bar because there were no courts or judicial officers involved.
What were involved in this case were only blogs and nothing more.
No libel
With all due respect to the IBP Board of Governors, there is no libel.
It is erroneous for the IBP Board of Governors to conclude that the reliance by the undersigned on the doctrine of "fair commentaries on matters of public interest" is highly unavailing.
What the IBP Board of Governors forgot was that while a discreditable imputation publicly made is deemed false because every man is presumed innocent until the guilt is judicially shown, IT DOES NOT APPLY WHEN THE IMPUTATION IS DIRECTED AGAINST A PUBLIC PERSON.
Here, there is no issue. They had become public figures at the time of the publication of the two blogs about Janet Lim Napoles and Jeane Lim Napoles, who is supposed to be the complainant here but who has not given authority to her mother.
This is what was completely ignored or forgotten by the IBP Board of Governors.
Then, the IBP Board of Governors made an UNWARRANTED conclusion that the undersigned to use as comments such words as "mother fucker," "thick face", and "must be fucked to prison."
It is wrong!
The fair comments doctrine does not distinguish the comments from harsh to soft. What is important is that the comments are based on facts established as true, at least reasonably.
A reading of the entire blogs would lead one to say that it is even an understatement to say that the words "mother fucker", "thick face" and "must be fucked to prison" are fair comments because they are at least statements of indignation and disgust. It is not meant to defame, to connote a sexual act but an expression like "putang ina" that is a statement of disgust and not what its literal meanings says.
In this case, it is very clear that "mother fucker" does not mean the literal fucker. It meant the mother scammer of pork barrel funds and that her daughter must also be hauled off to prison.
Now, let us cite the specific provision of Borjal vs CA in these hot comments, to wit:
To reiterate, fair commentaries on matters of public interest are privileged and constitute a valid defense in an action for libel or slander. The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, because every man is presumed innocent until his guilt is judicially proved, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity, it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. If the comment is an expression of opinion, based on established facts, then it is immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts.
Some other may opine that the opinions "mother fucker", "thick face" and "must be fucked to prison" ventured into wild blue yonder.
Besides, Borjal vs CA answered these sarcastic comments, as follows:
Concededly, petitioner Borjal may have gone overboard in the language employed describing the "organizer of the conference." One is tempted to wonder if it was by some mischievous gambit that he would also dare test the limits of the "wild blue yonder" of free speech in this jurisdiction. But no matter how intemperate or deprecatory the utterances appear to be, the privilege is not to be defeated nor rendered inutile for, as succinctly expressed by Mr. Justice Brennan in New York Times v. Sullivan, "[D]ebate on public issues should be uninhibited, robust and wide open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on the government and public officials."
Hence, it is now very clear: THAT IT IS ERRONEOUS FOR THE IBP BOARD OF GOVERNORS to rule that:
These fighting words ("mother fucker", "thick face" and "must be fucked to prison") and the public accusations made by the undersigned that the Napoleses pilfered public money to sustain their lavish lifestyle "cannot, by any stretch of imagination, be considered as fair comments on matters of public interest."
This erroneous conclusion is followed up with another illogical statement that says:"neither can Atty. Causing's criminal imputations to complainant and her daughter be regarded as an expression of opinion based on established facts, precisely because complainant's guilt and her alleged complicity in the controversial pork barrel scam are yet to be determined in the criminal proceedings initiated against her."
To these erroneous arguments of the IBP Board of Governors, the undersigned hereby reiterates this passage from Borjal:
But no matter how intemperate or deprecatory the utterances appear to be, the privilege is not to be defeated nor rendered inutile for, as succinctly expressed by Mr. Justice Brennan in New York Times v. Sullivan, "[D]ebate on public issues should be uninhibited, robust and wide open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on the government and public officials."
` The undersigned fully subscribes to the ruling of Investigating Commissioner Arsenio P. Adriano.
It is because insisting on it means the IBP Board of Governors is going against the doctrine laid down by the Supreme Court in Borjal vs CA, GR No. 126466, January 14, 1999.
To the contrary, Investigating Commissioner Adriano correctly pointed out that there was no libel.
Borjalvs CAsays:
But even assuming ex-gratia argumenti that private respondent, despite the position he occupied in the FNCLT, would not qualify as a public figure, it does not necessarily follow that he could not validly be the subject of a public comment even if he was not a public official or at least a public figure, for he could be, as long as he was involved in a public issue. If a matter is a subject of public or general interest, it cannot suddenly become less so merely because a private individual is involved or because in some sense the individual did not voluntarily choose to become involved. The public's primary interest is in the event; the public focus is on the conduct of the participant and the content, effect and significance of the conduct, not the participant's prior anonymity or notoriety.
There is no denying that the questioned articles dealt with matters of public interest. A reading of the imputations of petitioner Borjal against respondent Wenceslao shows that all these necessarily bore upon the latter's official conduct and his moral and mental fitness as Executive Director of the FNCLT. The nature and functions of his position which included solicitation of funds, dissemination of information about the FNCLT in order to generate interest in the conference, and the management and coordination of the various activities of the conference demanded from him utmost honesty, integrity and competence. These are matters about which the public has the right to be informed, taking into account the very public character of the conference itself.
In his conclusion, Commissioner Adriano stated that "the commentaries of the undersigned are fair comments concerning a public figure because Napoleses became as such after Janet Napoles was involved in the 'pork barrel scam.' Jeane also became a public figure."
Commissioner Adriano further stated:
Their affluence and lavish lifestyle were shown on television nationwide for several weeks. They became the subject of nationwide news on different broadsheets. They became the subjects of indignation rallies attended by million Filipinos.
Further, the matters they were involved in is a matter of public interest. Certainly, the people have right to be informed of the extent of the 'pork barrel scandal.' Respondent opined that JeaneNapoles is enjoying the fruits of the 'pork barrel scam' involving her mother as the central figure.
The pictures of JeaneNapoles posted in the blogsite together with the articles indubitably show the truth of the comments of respondent, that JeaneNapoles is living a lavish lifestyle.
The comment or conclusion of respondent is reasonable and based on established facts – the finding of the COA, the finding of probable cause by the Department of Justice, the pictures shown in the blogsite, the nationwide news published on several broadsheets. Thus --
"If the comment is an expression of opinion based on established fact, then it is immaterial that the opinion happens to be mistaken as long as it might reasonably be inferred from the facts. (Filipinas Broadcasting Network vs Ago, G.R. No. 141994, January 17, 2005.)
How about the use of the words 'motherfucker' and 'must be fucked to prison'? Whatever respondent meant by these words, literal or figurative, they have an obscene connotation. However, a reading of the entire comments of the respondent, these words were not intended to malign. They were used to show indignation and anger.
A Google search on the internet about 'Napoles daughter' revealed that there are other articles of JeaneNapoles like these shown in the blogsite of respondent. Which came out first? We can only guess.
If malice cannot be presumed in a fair comment, the burden to prove it rests on the complainant."
Now, let the two blogs be analyzed by the rules of elements.
The elements of libel are: (a) defamatory imputation; (b) identification of the person against whom the defamatory imputation is ascribed; (c) publication of the defamatory imputation; and (d) malice.
In criminal law, all the members of the Board of Governors know that the absence of one element is sufficient to negate the existence of a crime.
And if there is no libel, then the undersigned attorney has no liability.
The undersigned argued that in this case, the complainant, Janet L. Napoles, who was the one who filed this complaint for disbarment on behalf of her daughter even without a written evidence of authority to file it on behalf of her daughter Jeane Lim Napoles, is undisputed to be already a public figure at the time of the publication online of the two blogs in question.
As such, the doctrine of qualifiedly privileged communication applies to remove the presumption of malice.
And if the presumption of malice is removed, the complaining offended party has the obligation to submit first proofs of actual malice.
Under the Borjal doctrine, it does not matter if the offended party is not a public figure. It is enough that the subject matters of the comment are in itself of public interest.
In the instant case, there is no issue that the subject matter of the blogs at bar, the pork barrel scam, have been of extreme public interest.
Hence, the same thing is the result. The instant blogs are of privileged communication. And if these blogs are of privileged communication, the offended party is still required to submit first proof of actual malice.
Actual maliceis either publishing a defamatory imputation that is false and the publisher knew such falsity even before he or she published the same; or publishing a defamatory imputation with reckless disregard of the falsity of the imputation that by its nature should have required from the publisher to cross-checkthe truth or falsity of such imputation.
So, actual malice means asserting a falsity.
If we were to try actual malice test, the basic issue is whether the undersigned lied when he presented the photographs he copied from the Tumblr account of Jeane Lim Napoles, the contents of that photographs, the premise that Janet Lim Napoles stole from the Pork Barrels or the Priority Development Assistance Fund (PDAF) allotted to lawmakers, and the imputation that those million-peso-worth of apparels Jeane Lim Napoles as the bases of the opinions of the undersigned.
Did the undersigned attorney lie on those items?
Are those items false?
The Fair Comments Doctrine does not require absolute truth in the facts used by the opinion maker.
It requires that at the time of making the opinions, the facts as bases were reasonably true. It does not matter if those facts relied upon by the opinions turned out to be false after the publication.
With the fact that Inquirer and the National Bureau of Investigation (NBI) were already treating the revelations of the whistleblowers with serious concerns, it was sufficient for the respondent to reasonably rely on the statements published as true, particularly those statements that said that Janet Lim-Napoles faked documents in order for her to pocket PDAF funds in connivance with legislators.
The dates of publication of the blogs and the dates when Inquirer came out with a series of news articles will show that the blogs here were published only after the Inquirer series was published.
These means that the undersigned as a blogger had all the reasonable bases to rely on the reasonable truth of all his facts he used as bases of his opinions.
And if he had all the reasonable bases to rely on the truth of the facts he used in making such comments, then THERE IS NO LIBEL.
Now, let us see if the offended party, Jeane Lim Napoles, submitted proof of falsities of all these facts used by the undersigned, which are the photographs from tumbler, the captions of those photographs, the youtube video, the reports of the NBI published in Inquirer and other newspapers and TV and radio stations.
The mother who filed the case without authority from the daughter did not submit any evidence that all those are false.
Now, if we look again at the fairness of the comments, as long as the comments are based on reasonable facts, the same is covered by the doctrine of qualifiedly-privileged communication.
And to re-state, the fact that the comment was too defaming, obscene, profane and defaming does not matter as long as these are covered by the ambit of fair comments doctrine, the Borjal case explicitly prohibits liability, to wit:
But no matter how intemperate or deprecatory the utterances appear to be, the privilege is not to be defeated nor rendered inutile for, as succinctly expressed by Mr. Justice Brennan in New York Times v. Sullivan, "[D]ebate on public issues should be uninhibited, robust and wide open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on the government and public officials."
Not supported
decision of IBP
With due respect, a review of all the conclusions made by the IBP Board of Governors unfortunately not supported.
First, the IBP Board of Governors said that the undersigned must be guilty of misconduct because the two blogs he wrote were libels.
It is not supported. The contrary conclusion is firmly supported.
There is no proof of actual malice submitted. There is no proof that the Napoleses are not public figures. There is no proof that the "pork barrel scandal" is not a public interest.
Second, the IBP Board of Governors said that the opinions "mother fucker", "thick face and "must be fucked to prison" made the undersigned liable for misconduct.
This conclusion is not supported by the proof that the facts on which these opinions were based are not true.
There is also no supporting law that punishes these kinds of opinions when based on reasonably true facts and directed against public figures.
Third, the IBP Board of Governors did not support with facts why the undersigned committed misconduct based on alleged violations of Rule 1.01, Rule 7.03, Canon 11 and Rule 13.01 of the Code of Professional Responsibility.
In Rule 1.01, it is clearly argued above that there can never be unlawful conduct because there is no libel or any other crime committed by the posting of the two blogs.
In Rule 7.03, it is clear that the writing of the blogs were done not in the practice of law as clearly explained above so that these blogs cannot be said to have reflected on the fitness of the undersigned to practice law or cannot be said to have behaved in a scandalous manner to the discredit of the legal profession.
In Rule 13.02, as explained above, there is no support for the IBP to claim that the undersigned violated this provision, as clearly explained above.
That is so because there is no proof submitted that there was a case pending where the undersigned was a counsel and the complainant was the adverse parties.
In Canon 11, there was no judge, justice involved in the same two blogs.
The IBP Board did not substantiate its conclusion why the undersigned committed misconduct.
To the contrary, Commissioner Adriano is correct.
2 Blogs Merely Reacted
toInquirer Exposes
The fact remains that Inquirer and the National Bureau of Investigation (NBI) were already treating the revelations of the whistleblowers with serious concerns when the two blogs of the undersigned were written and posted online.
It is sufficient for the respondent to reasonably rely on the statements published as true, particularly those statements that said that Janet Lim-Napoles faked documents in order for her to pocket PDAF funds in connivance with legislators.
The dates of publication of the blogs and the dates when Inquirer came out with a series of news articles will show that the blogs here were published only after the Inquirer series was published.
The first blog, "Meet girl in extremely-costly lifestyles using some of P10-B pork barrel of the people?," was posted online on July 19, 2013. It can be read at this website: http://totocausing.blogspot.com/2013/07/meet-girl-in-extremely-costly.html,
The second blog, "Napoles daughter 'legalized' 'stolen' billions; Celebrated expensive 21st b-day in Hollywood," was posted online on July 30, 2013. It can be read at this website: http://totocausing.blogspot.com/2013/07/napoles-daughter-legalized-stolen.html.
Now, the first story of Inquirer, "NBI probes P10-B scam," was posted online on July 12, 2013. It can be read at this website: http://newsinfo.inquirer.net/443297/nbi-probes-p10-b-scam.
The second story of Inquirer, "I am not involved in any scam," was posted online on July 13, 2013. It can be read at this website: http://newsinfo.inquirer.net/443825/i-am-not-involved-in-any-scam.
The third story of Inquirer, "How P10-B racket works", was posted online on July 14, 2013. It can be read at this website: http://newsinfo.inquirer.net/444275/how-p10-b-racket-works.
The fourth story of Inquirer, "28 solons linked to scam," was posted online on July 15, 2013. It can be read at this website: http://newsinfo.inquirer.net/444693/28-solons-linked-to-scam.
The fifth story of Inquirer, "Malampaya fund lost P900M in JLN racket," was posted online on July 16, 2013. It can be read at this website: http://newsinfo.inquirer.net/445585/malampaya-fund-lost-p900m-in-jln-racket.
The sixth story of Inquirer, "Napoles: We control gov't," was posted online on July 17, 2013. It can be read at this website: http://newsinfo.inquirer.net/446383/napoles-we-control-govt.
Additionally, it cannot be denied that Inquirer has been enjoying high reputation for believability in the news stories it publishes.
So that by the time the first blog of the respondent was published, the foundations of truth had already been solid for the Inquirer to publish an imputation that Janet Lim-Napoles stole money from the PDAF of lawmakers.
The Life
of the Respondent as a Journalist
The respondent here has been a passionate lover of the freedom of expression, of speech, and of the press.
To him, these freedoms are as sacrosanct as the Constitution treats them that no law shall abridge them.
The respondent was an associate editor of Mindanao Varsitarian, the official organ of the students of Mindanao State University (MSU) – Marawi.
The respondent has been a working journalist since 1989, after working for a few years in the engineering field, him being a civil engineer.
He was a sportswriter at first. He rose to become a deskman of the news desk of People's Journal Tonight, which holds the record as the biggest circulated in the Philippines in the 1990s, selling 400,000 copies a day despite the fact that it was only sold within Metro Manila, being an afternoon newspaper.
In 1998, he was promoted to the position of news editor no less than by the most legendary press freedom fighter of all time, Joe Burgos Jr.
He left People's Tonight in 2004 and became the managing editor of Kabayan English tabloid that was closed due to brushes with the Arroyo administration.
So that it is easy to see that the blood of a journalist and opinion writer cannot be separated from him.
The Constitution Does Not Reduce
Right of Press Freedom for Lawyers
It is in this context that the two controversial blogs involved in this case were written and published online. It is therefore not connected to his being a lawyer.
The constitutional right to free press and expression is not made an inch less just because it is the lawyer speaking.
There is simply no constitutional provision that shortens the right if it were a lawyer who will speak.
To reiterate, the blog articles being referred to in this Complaint for Disbarment are all about freedom of expression, of speech, and of the press.
And if these are about these sacred rights that are among the highest in the tiers of human rights, how else could it be a source of a cause of action for disbarment if there is no act of lying on the part of a lawyer-blogger?
Libel, may be possible. But disbarment, no way.
A disbarment complaint is an administrative case for lawyers and it must apply on acts that are directly connected with the duties, responsibilities, and standing of a person who is a lawyer.
A lawyer may be guilty of homicide. But his conviction for that can never be considered a ground for disbarment or other minor disciplinary sanctions: even if he violated the law, the law on "thou shalt not kill."
A lawyer may be guilty of rebellion. But this can never be fathomed as a ground for disbarment.
A lawyer may be guilty of any traffic violation or any reckless imprudence. But this can never be thought of as sufficient to disbar him.
A lawyer may be guilty of slander by deed or otherwise. But this can hardly fit as a ground for disbarment.
A lawyer may be guilty of libel. But any justification would be hard to be found to disbar him for that.
All these the respondent says without fear of contradiction that the instant complaint for disbarment must be barred.
In gist, the statements above posit that if the lawyer-blogger did not commit any act of lying or that there is no proof that he lied, there can never be a room for disbarment or lesser disciplinary sanction.
Do not be too thin-skinned
In this case, the Supreme Court, through the genius of Justice Malcolm, declared that it is a right of the people to make opinions on matters of public interest.
Said Bustos:
The interest of society and the maintenance of good government demand a full discussion of public affairs. Completely liberty to commenton the conduct of public men is a scalpel in the case of free speech. The sharp incision of its probe relieves the abscesses of officialdom. Men in public life may suffer under a hostile and an unjust accusation; the wound can be assuaged with the balm of a clear conscience. A public officer must not be too thin-skinned with reference to comment upon his official acts. Only thus can the intelligence and the dignity of the individual be exalted. Of course, criticism does not authorize defamation. Nevertheless, as the individual is less than the State, so must expected criticism be born for the common good. Rising superior to any official or set of officials, to the Chief of Executive, to the Legislature, to the Judiciary — to any or all the agencies of Government — public opinion should be the constant source of liberty and democracy. (See the well considered cases of Wason vs. Walter, 4 L. R. 4 Q. B., 73; Seymour vs. Butterworth, 3F. and F., 372; The Queen vs. Sir R. Carden, 5 Q. B. D., 1)
Now, even if there were errors of facts in the recitals in the blogs, they clearly appear to be in ignominy: they cannot be seen.
In Borjal vs Court of Appeals, errors in gathering of facts and of publishing them do not constitute libel. It says:
Even assuming that the contents of the articles are false, mere error, inaccuracy or even falsity alone does not prove actual malice. Errors or misstatements are inevitable in any scheme of truly free expression and debate. Consistent with good faith and reasonable care, the press should not be held to account, to a point of suppression, for honest mistakes or imperfections in the choice of language. There must be some room for misstatement of fact as well as for misjudgment. Only by giving them much leeway and tolerance can they courageously and effectively function as critical agencies in our democracy. In Bulletin Publishing Corp. v. Noel we held -
A newspaper especially one national in reach and coverage, should be free to report on events and developments in which the public has a legitimate interest with minimum fear of being hauled to court by one group or another on criminal or civil charges for libel, so long as the newspaper respects and keeps within the standards of morality and civility prevailing within the general community.
Yes, the respondent may have been too uninhibited, robust and wide open in expressing his opinions of Janet Lim Napoles and of her youngest daughter.
Nevertheless, US Supreme Court Justice Brennan, in the case of New York Times vs Sullivan, 376 US 254 (1964), says that even if opinions used in debates were too harsh, it cannot be a justification to say it was libel. Brennan wrote: "[D]ebate on public issues should be uninhibited, robust and wide open, and that it may well include vehement, caustic and sometimes unpleasantly sharp attacks on the government and public officials."
So that if it is really to be examined, it is very clear that there is no libel.
And for Napoles to insist otherwise, it is better for her to wait first the outcome of the accompanying libel complaint she filed at the same time against this respondent before the Office of the City Prosecutor of Taguig City.
Presumption of Innocence Applies
to Criminal Law and Not to Press Freedom
One reason why the presumption of innocence in criminal law cannot be demanded in the publication of newspapers is that it does not apply to the exercise of press freedom.
Lest it be mistaken, there is no such a thing as "trial by publicity." It is only an invention of those who are guilty who found themselves being subject matters of news stories.
In short, it is only a defense mechanism to invoke such.
Moreover, there is no such a thing as a crime or an administrative violation called "trial by publicity."
Nullumcrimennullapoena sine lege. It is not a crime when there is no law that punishes it.
And to repeat, this is not a criminal proceeding where the accused or a respondent must be presumed innocent until proven otherwise.
In publication, there is no such a thing as "convicted by publicity."
If the respondent used Blogspot as his venue for his blog stories, there is nothing that prohibits Janet Lim Napoles from using the same Blogspot to publish her defenses and lay down her proofs that all the accusations against her are false.
While she is not prohibited and yet not availing of the tools of defenses, the presumption is she is ADMITTING SHE IS GUILTY.
The freedom to reply in the internet is UNLIMITED. She can post all over walls of friends and hers so that the whole world of Facebook knows that she is innocent of the charges hurled against them.
To stress: The Constitutional right to be presumed innocent APPLIES ONLY TO CRIMINAL PROCEEDINGS, NOT IN PUBLICATIONS OF STORIES AS EXERCISES OF PRESS FREEDOM.
So that it is also too presumptuous of the complainant to state that his intentions in blogging were to rally the people to believe in his baseless allegations to join him in perceiving the complainant and her family as "bloodsuckers" of the Philippine government.
It is equally presumptuous for the complainant to state that it was an attempt on the part of the respondent to put an unwarranted hype and pressure for the initiation of a case against the complainant.
For the complainant to say this is to say that Secretary De Lima and the NBI are acting under the direct control of the respondent.
Oh my God. How can it be possible for the respondent to dictate on De Lima and the NBI?
The Prayer
WHEREFORE, it is prayed of the Honorable Board of Governors of the IBP to reverse its Extended Resolution and recommend that the instant complaint be DISMISSED.
Other reliefs just and equitable are also prayed for. 16February 2016, Manila for Pasig City.
Causing SabarreCastro Pelagio
Unit 1, 2368 JB Roxas St. corner Leon Guinto St., Malate, Manila
Emails: email@example.com, firstname.lastname@example.com; Tel: +632-3105521
IBP No. 972694/ 04-12-2015 / Manila IV
PTR No. 4889732 / 04-12-2015 / Manila
Roll No. 60944
MCLE No. IV – 0007338 issued 10 August 2012
(Valid from 15 April 2013 until 14 April 2016)
MCLE No. V – 0013036 issued 13 January 2016
(Valid from 15 April 2016 until 14 April 2019)
Correctional Rd. corner
BagongBuhay, Mandaluyong City
For lack of time and distance, the above motion is served on the other party by mail.
Republic of the Philippines )
City of Manila )SC
I, BERTENI CATALUÑA CAUSING, of legal age, Filipino, whose office address is Unit 1, No. 2368 Leon Guinto St. corner JB Roxas St., Malate, Manila, do hereby depose and state:
1. I wrote the foregoing Motion for Reconsideration;
2. I read and understood the same; and
3. All the allegations therein are true of my personal knowledge and based on authentic documents.
IN WITNESS WHEREOF, I sign this Verification on 16 February 2016 in the City of Manila.
SUBSCRIBED AND SWORN TO BEFORE ME on 16 February 2016 in Manila, affiant exhibiting his IBP ID No. 60944.
Doc. No.: ___;
Page No.: ___;
Book No.: ___;
Series of 2016.


text:
- Burnables (food scraps, some paper products) - picked up on Mondays and Thursdays
- Group resources (cardboard, clothes, magazines, toilet paper rolls) - picked up the 2nd and 4th Monday of every month
- Plastics - picked up on Tuesdays
- Nonburnables - picked upon the 2nd and 4th Wednesday of the month
- Cans, bottles and PET bottles - picked up on Fridays
You're probably wondering why you should care about sorting your trash properly. You don't have to, but if you don't, the trash collectors will leave your trash there with a preprinted Yellow Note identifying your trash violation. How do they know if you've gotten it right or not? Everyone is required to use clear (or opaque) trash bags which clearly show what's in the bag - talk about no privacy. Having heard of how strict the Japanese are about trash and living in constant fear of the shame of getting a Yellow Note, I probably checked the pamphlets any time I had to throw something away for the entire first month we lived here.

subset: commoncrawl


text:
ISIS barbarians burned two Turkish soldiers alive in northern Syria, a gruesome new video released by the terror group shows.
The 19-minute video, titled "The Cross Shield," shows the doomed servicemen being taken out of cages and forced to crawl around on their hands and knees.
The soldiers are then seen standing with chains around their necks, with fuses attached to their bodies.
Their executioner, who stands nearby, blasts Turkish President Recep Tayyip Erdogan and calls for "destruction to be sowed" in Turkey, according to Al Arabiya.
He then presses a button on a small device, and soon, both men are engulfed by flames.
ISIS said the latest executions were payback for Ankara's involvement in a "war against Muslims," according to Russia Today.
The nightmarish footage, purportedly shot in Wilayat Halab — renamed ISIS territory — conjures up memories of a similar video released in 2015 showing the burning of captured Jordanian pilot Lt. Muath al-Kaseasbeh.


text:
Sorry for the late post! I've been busy. Part of that has been helping a friend buy/rescue a mare in a sketchy situation. This is her, with my friend:
"Shadow," an Arabian and ex-show horse, apparently belonged to an older gentleman who passed away three years ago. His son let the horse sit for those three years, and recently decided he wanted to be rid of her. Enter "Sam." Sam said she would find the mare a new home, picked her up, took her home, wormed and vaccinated her. She described her actions as a "rescue." Good for Sam, right?
Well, except Sam's Craigslist ad was vague and had no pictures, Sam failed to respond to calls and texts for long periods, wouldn't give her address and at first refused to show the horse to my friend-- the message was basically, "come and take her sight unseen, when I say, where I say, or no deal." Sam also kept threatening that the mare would be put down by the son if she didn't have a home soon... yet Sam was asking $350 for her.
Was Sam really a well-intentioned, if rather rude and scatterbrained rescuer who couldn't take on the mare herself? Or was Sam a lying bitch who used the threat of this mare being shot to make some cash?
This is the kind of ambivalent shit that is all too common in "horse rescue." Cherry picking decent horses in bad situations in order to make some cash, emotional blackmail... yeah, it's actually super common. Just read this expose of "rescues" that work with slaughter buyers to extort cash from tender-hearted donors and ex-owners. Horses do get saved... but is it rescue? I don't think so.
Well, Shadow is safe now. After I tracked down Sam's address and my friend forked over the cash, we rescued/bought her. She is getting grass and grain, and will be getting vet and farrier visits ASAP for her weird skin condition and overgrown feet. It doesn't feel good to deal with someone like Sam, but I'm very proud of my friend for saving this mare.
In other news:
AQHA lost the Clone Wars. A Texas jury found that AQHA's rules against registering clones violates federal and state anti-trust laws. They didn't award any damages to the breeders who sued, but that wasn't really the point anyway.
Speaking of cloning... Here's a nice little article pointing out how the raw material for cloning, like mares' eggs, come from horse slaughter plants: "The Push for Cloned Horses As Natural Horses Go to Slaughter."
Next up, remember my post on Facebook about hating humans? Some asshole had beaten a yearling to death while the owner and trainer were away. Well, I guess I don't hate all humans, because a ton of people rallied around the yearling's owner and raised enough money to pay the vet bills incurred trying to save the colt as well as enough to offer a reward to catch the asshole. Good job.
Finally, a New Mexico company trying to enter the horse slaughter business is saying someone attempted to burn down their building. They feel persecuted. Well, I have to say, I don't condone arson, or any kind of property damage or violence as a means of persuasion. I think that the mean old would-be arsonist should send this company a lovely card. Perhaps something like...
...yeah, good job anonymous arsonist. We all know it was wrong, and we all love what you did anyway.
Oh wait, P.S. a brief update on "the black stallion," i.e. the gelding Diego... he's doing well :) Super kudos to his adoptive family for taking such good care of him.
Tuesday, July 30, 2013
Posted by The Green Traveler at 9:27 PM
3 comments:
My friend at the barn bought her OTTB from a sketchy guy. She had scars all over her rump from a "trailer accident". Sure looked like whip marks to me.ReplyDelete
- AnonymousAugust 1, 2013 at 1:34 PM
Good luck with the mare. She looks real sweet. Just a note to all horse owners, have some plans for your horse if you die before the horse does.ReplyDelete
Super cute mare, what a darling face.ReplyDelete
The rash looks like a rain scald or fungal condition. If she wasn't rugged over winter I wouldn't be surprised it's it ongoing from that.
Great work girls :)
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Some interesting developments since the Eccentric of the Year Awards on the 1st - suddenly I find myself being 'In Demand': in the coming months I've been approached for two stills photo-shoots, a couple of film-makers who want to interview me + a personal appearance at an art Exhibition opening later nest week. I shall no doubt blog about them as they arise.
It's all rather odd - again, since I've never considered myself to be an eccentric; I just live my life the way I live it and don't care about others' opinions. It does make me wonder if 'Eccentricity' has suddenly become flavour-of-the-month. I don't mind, as long as they don't approach things like (or try to turn me into) some kind of Victorian freak show.
The first photo-shoot was last Thursday (12th) at Rochester, near Chatham in Kent. A Norwegian student at the University College for the Creative Arts [I remember when it used to be called the West Surrey College of Art and Design at Farnham], Niko Lindgren, is putting together his portfolio: Black & White portraits of Historical Re-enactors and using one of the old plate-photos cameras.
It all went very smoothly. Niko met me at Chatham station (there's an element of the dandy about him, so we recognised each other instantly) and we walked up the hill to the nearby College. Inside the large studio we started going through what items he wanted me to wear - I brought along a choice of various items: frock coats, waistcoats, stiff collar styles, cravats and pins, monocles/pince-nez, that sort of thing.
Various items selected, he just set about snapping away (me against a white background) for about an hour, with a change of outfit mid-way. After each shot he pulled out another completed plate (later I saw the size of the negatives, each one was about 4" x 3", very high-resolution I suspect).
There was a general feeling of mutual respect between Niko and myself. He said that if Norway had its own group of Victorian Re-enactors he would join them, but sadly they don't. I told him "well maybe you should start one".
I must admit, I had initially approached the session with just a little apprehension as Niko had asked me to also "bring along something modern" to be photographed with "as an experiment". I decided on a mobile phone, reasoning that the Victorians - being at the then cutting-edge of industrial development, might have so easily invented the cellphone, or even the internet, given time.
In fact, out of the whole 20-or-so shots in the session, only three of them featured the phone. Indeed, the whole experience was remarkably relaxed and over all too soon. Afterwards, we wandered through the cobbled streets of Rochester looking for a coffee and at the antiques shops. Niko has his eye on a vintage manual typewriter in the window of a local charity shop.
What caught my eye, dominating the window of one antiques shop was a glorious vintage Sousaphone in beautiful condition, beaming gold in its magnificence. It had no price on it, but at least it did Not have a 'Not for Sale' tag attached. I Must contact Jana of the BHS (Bratislava Hot Serenaders) and see if one of her band might be interested in it.
The first results of the photo-shoot may not be ready for a few weeks yet (half-term); also, in order to transfer these huge analogue negatives into some kind of digitised format for computer transfer, Niko will have to use a high-resolution machine which, thankfully, the University has.
I still want a set of prints on photographic paper for myself, though! So let's see how things develop (Ha! - photographer's joke, there).
Have to go now, Gossip Girl is just starting - xoxo
Sunday, 12 April 2009
Eccentric of the Year: Latest Developments - First Photo Session
Posted by Ray Frensham at 08:33
1 comment:
- katie said...
I played Sousaphone all through HS in Marching Band! (Low brass kicks ass, Tuba hats et all.) It is such a glorious instrument.
- 28 April 2009 at 10:16
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United States District Court, E.D. California
February 5, 2015
LANELL MARTIN, Plaintiff,v.PHILLIP H. BECK, Defendant.
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). By this order, plaintiff will be assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C. § 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the initial partial filing fee from plaintiff's trust account and forward it to the Clerk of the Court. Thereafter, plaintiff will be obligated to make monthly payments of twenty percent of the preceding month's income credited to plaintiff's trust account. These payments will be forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious, " that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous when it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989), superseded by statute as stated in Lopez v. Smith, 203 F.3d 1122, 1130-31 (9th Cir. 2000) ("[A] judge may dismiss [in forma pauperis] claims which are based on indisputably meritless legal theories or whose factual contentions are clearly baseless."); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only a short and plain statement of the claim showing that the pleader is entitled to relief, ' in order to give the defendant fair notice of what the... claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). In order to survive dismissal for failure to state a claim, a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic, 550 U.S. at 555. However, "[s]pecific facts are not necessary; the statement [of facts] need only give the defendant fair notice of what the... claim is and the grounds upon which it rests.'" Erickson v. Pardus, 551 U.S. 89, 93 (2007) (quoting Bell Atlantic, 550 U.S. at 555, citations and internal quotations marks omitted). In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Erickson, 551 U.S. at 93, and construe the pleading in the light most favorable to the plaintiff. Scheuer v. Rhodes, 416 U.S. 232, 236 (1974), overruled on other grounds, Davis v. Scherer, 468 U.S. 183 (1984).
The only named defendant is Dr. Beck. Plaintiff appears to challenge a ruling made in a previous action he filed in this court against defendant Beck, 2:12-cv-00421 LKK JFM P. In 12-00421, the Honorable Lawrence K. Karlton granted defendant Beck's motion to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See 2:12-cv-00421 LKK JFM P, at ECF No. 32. Judge Karlton adopted findings and recommendations issued by Magistrate Judge Moulds, finding that plaintiff had not stated potentially colorable claims for relief pursuant to the Eighth or Fourteenth Amendments. Id., at ECF No 26. Both Judge Moulds and Judge Karlton noted that mere negligence does not rise to the level of an Eighth Amendment claim. Id., at ECF Nos. 26, 32.
In the instant action, plaintiff appears to argue that he raised a state law claim in 12-cv-00421, which the court failed to rule on. Plaintiff alleges that after the dismissal of 12-cv-00421, he filed a state court action raising his state law claims against defendant Beck. Plaintiff alleges that the state court rejected these claims as time barred. Plaintiff argues that these claims were not time barred when he raised them in 12-cv-00421.
The undersigned cannot address orders issued by Judge Moulds and Judge Karlton in 2:12-cv-00421. In other words, plaintiff may not litigate orders issued by Judge Moulds and Judge Karlton in 12-cv-00421 in the instant action. Instead, plaintiff may file an amended complaint in the instant action raising all of his claims against defendant Beck, based on both constitutional and state law. If the amended complaint raises only state law claims, this action will be dismissed. See 28 U.S.C. § 1332(a) (describing circumstances under which federal courts may handle state law claims only).
The undersigned also observes that if plaintiff's amended complaint restates the constitutional claims previously raised against defendant Beck in 12-00421, they will most likely be dismissed under the doctrine of res judicata. While Judge Karlton did not state whether dismissal of 12-0421 was with or without prejudice, generally, "a dismissal for failure to state a claim under Rule 12(b)(6) is presumed... to be rendered with prejudice." McLean v. United States, 566 F.3d 391, 396 (4th Cir. 2009).
Under the doctrine of res judicata, "a final judgment on the merits bars further claims by parties or their privies based on the same cause of action." Montana v. United States, 440 U.S. 147, 153 (1979). Thus, a claimant may not seek to re-litigate claims decided previously on their merits. Headwaters, Inc. v. U.S. Forest Serv., 399 F.3d 1047, 1051 (9th Cir. 2005). In addition, res judicata "precludes the litigation of any claims that were raised or could have been raised' in a previous lawsuit." Owens v. Kaiser Found. Health Plan, Inc., 244 F.3d 708, 713 (9th Cir. 2001). The doctrine is applicable "whenever there is "(1) an identity of claims, (2) a final judgment on the merits, and (3) privity between parties." Stratosphere Litig. L.L.C. v. Grand Casinos, Inc., 298 F.3d 1137, 1143 n. 3 (9th Cir. 2002) (citation omitted). Notably, "[i]f a court is on notice that it has previously decided the issue presented, the court may dismiss the action sua sponte, even though the defense has not been raised." Arizona v. California, 530 U.S. 392 (2000).
If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions about which he complains resulted in a deprivation of plaintiff's constitutional rights. Rizzo v. Goode, 423 U.S. 362, 371 (1976). Also, the complaint must allege in specific terms how each named defendant is involved. Id . There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant's actions and the claimed deprivation. Id .; May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Furthermore, vague and conclusory allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This requirement exists because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. ...
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Wednesday, October 23, 2013
Cranberry-Oatmeal-Walnut Cake (THB)
It' s my turn to host the 26th bake for The Home Bakers event organized by Joyce of Kitchen Flavours . We are currently baking from Lou Seibert Pappas 's cookbook- Coffee Cake . Well, I've chosen this recipe just because I love cranberries . I've used dried cranberries for this recipe as I can't find fresh or frozen ones . I've made the full recipe & baked 12 huge muffins . They turned out nice but a little too dense . I like the fact is they're not overly sweet & great for breakfast with a cup of cappuccino . For more of this bake from all the members of THB... HERE .
Cranberry-Oatmeal-Walnut Cake (THB)
Adapted from Lou Sheibert Pappas - Coffee Cake
Ingredients for 12 large muffins
1-1/2 quick-cooking or old fashioned rolled oats
2 eggs
1/2 cup firmed packed light or dark brown sugar
1/2 cup canola oil
1-1/2 cups buttermilk or low fat yogurt (I've used yogurt)
1/4 cup dark molasses
1 teaspoon vanilla extract
1 cup unbleached all-purpose flour
1 cup whole-wheat flour
1 teaspoon baking powder
1 teaspoon baking soda
1/2 teaspoon salt
2 teaspoons ground cinnamon
2 cups fresh or frozen cranberries ( I've used dried cranberries)
1/2 cup chopped walnuts, pecans or toasted & skinned hazelnuts
1) Preheat oven to 180°C & flour muffin pan .
2) Spread oats in a rimmed baking sheet & bake for 8 to 10 minutes or till lightly toasted . Let cool .
3) In a large bowl , beat eggs, sugar & oil till blended . Stir in buttermilk or yogurt, molasses & vanilla extract .
4) In anothet bowl , combine flour, toasted oats, baking powder, baking soda , salt & 1 teaspoon of cainnamon . Stir to blend & add the dry ingredients to buttermilk mixture . Beat for 1 minute till smooth . Stir in cranberries & scoop out mounds of batter using an ice-cream scoop into muffin pan or cups . Toss the nuts & remaining 1 teaspoon cinnamon together & sprinkle evenly over the top . Bake for 20 minutes till a cake tester inserted in the center of the a muffin comes out clean .
Publié par Kit @ i-lostinausten à l'adresse 1:49 PM 21 comments:
Tuesday, October 8, 2013
Eggless Soy Milk Doughnuts
Submitting this post to Little Thumbs Up event hosted this month by Mich from Piece Of Cake . This event is organized by Zoe of Bake ForHappy Kids & Doreen of My Little Favorite D I Y.
I love to drink soy milk & this is the 1st time that I've used it for baking . I've added unflavoured & unsweetned organic soy milk for this eggless doughnuts . The taste of beany soy is very subtle & not as creamy as using cow's milk . As for texture, I don't see much difference , only a little more airy- light & as tasty as the usual doughnut with egg . With some melted milk chocolate topping ( you can use any chocolate of your choice) & some colorful sprinkles .... simply YUM !
Eggless Soy Milk Doughnuts
Adapted from COOKLABO
Ingredients :
80 ml soy milk
2 Tbsp sugar
2 Tbsp oil
150g cake flour
1 tsp baking powder
Vegetable oil for deep frying
Parchment papers ( cut into eight - 10cm squares)
150g chocolate bars of your choice
Sprinkles of your choice
Directions :
1) Combine soy milk, sugar, oil in a bowl & mix well .
2) Sift cake flour & baking powder . Fold in flour mixture into soy milk mixture with a spatula till well combined (the dough is quite soft ) .
3) On a floured working surface , shape the dough into a log & cut into 8 even pieces .
4) Flour your hand with powder & round each cut dough into a ball , then make a hole in the center with your thumb to look like a doughnut . Place it on a parchment paper .
5) Deep fry in oil at low (160°C & flip them 2 – 3 times ) for about 7-10 minutes till golden brown . Remove the parchment paper as soon as they come off . Let to cool on wire rack .
6) Melt chocolate bars on bain marie & coat the top of the doughnuts. Decorate with some colourful sprinkles . Let the chocolate to set before serve .
Publié par Kit @ i-lostinausten à l'adresse 4:51 PM 20 comments:
Italian Cheese & Herb Pinwheel (THB)
This is another delicious savoury loaf selected by Zoe of Bake For Happy Kids for our 25th THB(The Home Bakers) bake . This event is hosted by Joyce of Kitchen Flavours & we're currently baking from Lou Sheibert Pappas's Coffee Cake cookbook . I've made the full recipe & since I do not have fresh oregano , I've used dried oregano instead & I've divided the dough into 4 . Well, as you can see my loaves turned out to be kind of rustic ! LOL Nevertheless they're very tasty . I was quite worried when they doubled in size into 4 huge loaves during the 2nd proofing ! LOL This is indeed a hearty loaf with amazing flavours , great with salad ! I'm certainly baking this loaf again . Please hop over to Zoe for the recipe & a better idea of this loaf as she has baked it beautifully . For more of this delicious bake of all the members of THB ... HERE
Publié par Kit @ i-lostinausten à l'adresse 2:58 PM 9 comments:
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DKNY Women Limited Edition Eau de Toilette Spray for Women by Donna Karan
This item is excluded from all current promotions
Trudi Loren is the creator if this fabulous fresh fragrance for women. She claims that she wanted to put into a bottle, the life of New York, with all its eccentricity. The fragrance has flowery notes at its heart and finally closes with autumnal woods and vanilla. It makes one feel as if they're taking a leisurely walk through Central Park.
- Top notes are tomato leaf, water lily and blood orange
- Middle notes are flowers
- Base notes are vanilla and woodsy notes


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To express all its personality, wine must be aerated. Knowing exactly how long is an art. Thanks to the Aveine Smart Wine Aerator, you can immediately taste any wine in ideal conditions. Simply place the aerator on the bottle, scan the label and serve. According to the wine identified, our aerator instills the right amount of air for that wine, allowing it to breathe. Any type of wine can be used with and benefits from the device: It is portable, simple, and fun to use. Most importantly, each wine's specific aeration need is taken care of instantaneously. A unique experience by Aveine.
Aveinologie is more than a concept, it's a state of mind. A source of pleasure and exchange, it simplifies access to wine tasting with a collection of devices and connected services. Aveinologie is the best of the new technologies serving one of the most beautiful traditions for new multi-sensory experiences.


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Latest News
Focus on: Students
Digital Studio for Law Students - Teaching and Learning innovation in the Law School
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Professor Robin Hickey appointed as new Head of the Law School
28/06/2018 - The School of Law is delighted to announce the appointment of Professor Robin Hickey as Head of the School of Law.
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School of Law Gender Principles
8/03/2018 - As part of the School of Law's ongoing Athena SWAN work, the School's SWAN Champion and Self-Assessment Team have developed a set of Gender Principles
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Student SSRN Officer
16/04/2018 - Be part of a key strategic research initiative in the Law School
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Dr Kevin Brown Announced as Finalist in OUP UK Law Teacher of the Year Award 2018
26/01/2018 - Oxford University Press has announced that Dr Kevin Brown is one of six finalists for the nationwide Law Teacher of the Year Award 2018.
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Dr Kathryn McNeilly's book shortlisted for Hart-SLSA Prize
26/01/2018 - "Human Rights and Radical Social Transformation: Futurity, Alterity, Power"
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Event: Professor Colm O'Cinneidhe, University College London
28/11/2017 - "Social Constitutionalism beyond the Nation State: Chimera or a Realistic Ambition?"
job opportunity
Become a Research Advocate
16/01/2018 - Become part of a key strategic team in the School
Health & Human Rights Unit
Global health security and regulating the diseased body
27/10/2017 - Professor Anne-Maree Farrell, La Trobe University, Australia Thursday 16 November, 13.15-14.00, School of Law, room 8.014
Latest News
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Northern Ireland at the Edge: What's next after Brexit?
17/08/2016 - This is the second part of the third Constitutional Conversation 'Constitutions and these Islands: Beyond Brexit', in a series of six conversations themed around the constitution.
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PhD School on Antislavery and Trafficking with Kevin Bales
1/08/2016 - Applications are Now Open!
Innovation in Legal Education
Legal Partnership announced
17/06/2016 - The School of Law at Queen's is excited to announce a new and innovative partnership with leading global law firm Herbert Smith Freehills.
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New Leverhulme Early Career Fellowship
13/06/2016 - The School of Law is delighted to announce that Dr Amrei Müller has been awarded an Early Career Fellowship by the Leverhulme Trust.
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27 Years for Justice and Accountability
27/04/2016 - On the 15th April 1989 ninety-six men, women and children died at a football match, between Liverpool and Nottingham Forest at Hillsborough, the youngest of which was only thirteen. This remains the most serious tragedy in UK sporting history.
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Prof Allain Appointment as Special Adviser to Anti-Slavery International
24/03/2016 - Professor Jean Allain has recently been appointed as Special Adviser to Anti-Slavery International, the world's oldest international human rights organisation.
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New Report on Growing up in Interface Communities
5/04/2016 - A joint report produced for the Office of the First Minister and Deputy First Minister, sheds new light on the risks encountered by young people and children growing up in places of high religious segregation.
Latest News
Wellbeing at the Heart of Govenrment confirmed
1/03/2016 - The School of Law at Queens University has welcomed confirmation by the First and Deputy First Minister that an outcomes framework, focused on wellbeing, is to guide the work of the post-election administration in Northern Ireland.
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The Adventure of the Girl with the Light Blue Hair Wins AHRC Innovation in Film Award!
13/11/2015 - On 12th November 2015, the animated film The Adventure of the Girl with the Light Blue Hair by Professor Ronan Deazley and CREATe researcher Bartolomeo Meletti won the AHRC Award for Innovation in Film.


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To ensure that The SalesPro continues to provide valuable content and help represent the sales profession as best we can invite you to become a Trustee or Ambassador of The SalesPro.
To find out more please look at the following links The SalesPro Trustee's and The SalesPro Ambassadors
Cromwell & Clark have over 20 years of Sales Recruitment experience between them. As an organisation run by sales people for sales people we are poud to say that we are now one of the UK's leading specialists in sales recruitment across all key industries and sectors. All professional recruitment consultancy calls for a demanding set of skills and abilities, speed, efficiency, selectivity and effective communication. Finding exactly the right roles for fellow sales professionals and exactly the right people for demanding employers.
Salesnetics Ltd specialise in helping businesses grow and maximise their business performance by improving their sales performance. Our complete assessment identifies what changes are required in all areas of sales activity and managment in order to create a high performance sales function.
The Association of Sales Professionals (ASP) is the UK's only association dedicated to providing support, recognition and exceptional training to the world of sales. We are at the heart of promoting the sales profession and as a member of the ASP we will provide you with many tools to improve your sales techniques, differentiate you from your competitors, increase your sales orders, increase conversion rate; ultimately increasing your bottom line.
Grant Leboff is an internationally renowned sales speaker and writer, in order to address the massive changes that have rendered the tradional Sales and Marketing model obsolete, Grant Leboff formalised his own Sales and Marketing philosphy, Sales Therapy
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Abintegro Ltd make it easy for students and graduates to do what the most employable people do; shortlist the right companies, prepare thoroughly, understand and demonstrate the skills needed for your chosen career, build a powerful CV and leverage your network.
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From the what's old is new department, I bet when the Parasailers were first marketing their thrill rides to tourists, it was all the newest thing.
Ah, but back in the day of safety bikes, Mr. Kabrich was the Bike Chute Aeronaut. I wonder if he chatted up the ladies with talk about "the draft" and "being aero."
From the Library of Congress bike photos uploaded to Flickr by fixedgear.


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The "interactive restaurant" concept uWink has gone Hollywood. Literally. After about a year of fine-tuning the prototype unit in Woodland Hills, Calif., a suburb of Los Angeles, uWink Inc., opened a second location in July in the heart of Hollywood. In August, a third location is scheduled to open in the high-tech haven of Mountain View, Calif., in Silicon Valley. A joint-venture partnership in Canada will eventually take the concept there.
Nolan Bushnell, the Los Angeles
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Website Launch Case Study: From 0 Sign-ups Per Day to 25 to 50 to...?
I recently watched a great talk by Rand over at Hackers & Founders that he titled, "Inbound Marketing for Startups" and it made me think about what is arguably the question that is on the mind of every startup founder: "How do I get my new company/website to gain traction?"December 29, 2011 16 9


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Portait of the author as a chicken farmer
When I was growing up I didn't think much about where my food came from. Perhaps because I ate fruit and vegetables from my mother's organic garden and eggs from our chickens, and salmon that my father caught, the concept of a factory farm was unknown to me. But despite infrequent raids on my mother's garden, I don't eat food so directly provided by my parents anymore.
It's easy to be dismayed at the poor quality of our food and terrible way animals are treated. Can't animals be treated well? Ideally we would want to allow them ample pasture to roam, proper diet and minimal stress levels. As good as they had it at my parent's place.
Demand for organic and increased standards and regulations means organic choices are no longer limited to farmer's markets and "health food stores" but are more easily found in supermarkets. But can you imagine a future beyond organic? A more humane future? One with standards and regulations?
Rather than the tactics of animal rights groups trying to convince everyone to become vegetarian, Human Farm Animal Care, a non-profit group, has worked together with animal scientists, the ASPCA, the Humane Society and others to create a certification and labeling program for meat, eggs, dairy and poultry ensuring humane treatment. Their mission is to improve the welfare of farm animals by providing viable, credible, duly monitored standards for human food production and ensuring consumers that certified products meet these standards.
Among the standards, producers must allow animals to engage in their natural behaviors. They must raise animals with sufficient space, shelter and gentle handling to limit stress. They also most make sure that they have ample fresh water and a healthy diet without added antibiotics or hormones.
Available here in the Bay Area, all of Prather Ranch products are Certified Humane. This is a fairly new program, but it's a glimpse at how the future might just look. You can check out the website to find Certified Humane products near you.
Over at Bay Area Bites is my take interview with Steven McCarthy of Prather Ranch.


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- Description
DetailsGet gorgeous lips with Youngblood's colourful range of luxurious Lipsticks . The hydrating, lanolin- free formula contains a special blend of natural oils and vitamins that fill lips with rich, velvety and colour that stays fresh-looking for hours.
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How long will my order take to be dispatched?
If the products in your order are showing as 'Ready for Dispatch' then they will usually be sent on the next available business day or same-day if you order before 12pm AEST. Products that are not in stock will generally be shipped within 2-5 business days.
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Once dispatched, you will receive a tracking number via email. It usually takes 2-4 business days for express delivery and up to 7 days for standard delivery. Express next day delivery is only available for addresses in Australia Post's next day delivery network. New Zealand orders can take up to 10 business days due to customs clearance. Please note that delivery timetables are guidelines provided by Australia Post and will vary based on your location. We are not responsible for any delays in delivery by Australia Post.
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Elpakco, Inc.
Elpakco Incorporated began in 1984 as a value-added distributor, specializing in loose pins, receptacles, and machine contact type sockets. Shortly after the company's inception, it became apparent that the most effective way to develop and service customers was to sell directly under the Elpakco name. Elpakco transitioned into manufacturing and we produced our first catalog. With that change in direction, Elpakco developed into a niche manufacturer with an excellent reputation for producing a top quality product line with fast turn-around times.


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Close Out Sale!
EMail us at
We've changed!
We don't have store anymore or big studio anymore.
We've gone, like many, to a virtual world out in Gresham.
We're doing high quality audio and video transfer work and will have a new website soon.
Email preferred. 503-228-2222 • Mon-Fri 1-6pm
2 Manley MEQ-5 Pultec style mid mastering EQ's
2 Manley tube Pultec type EQs. In excellent shape. The best! Sold as PEQ and MEQ stereo set only.5999 all 4 units
2 Manley EQP-1A full range Pultec style mastering EQ's
2 Manley tube Pultec type EQs. In excellent shape. The best! Sold as PEQ and MEQ stereo set only.5999 all 4 units
Manley Backbone mastering controller
In excellent shape. The best! https://www.manley.com/legacy/mmbb . With custom Elco/ Mogami wiring snake to access your gear.5100/offer
GML 9500 The best ANALOG EQ in the world ! Includes 2 power outboard supplies
NOT MADE FROM GML ANYMORE- EQ unlike any other. 1/2 db stepped knobs. Nivana for mastering.9000
API 500 2 channel mic preamp
2 500 modules in a one rack space power supply.1599
Waves MaxxBCL
Makes everything sound better. Great for mastering. That brick wall limiter is the shit!1875
GML 8900 stereo analog Compressor
George Massenberg Labs Compressor/Limiter.
NOT MADE FROM GML ANYMORE- compressor unlike any other.
Totally unique compression & limiting. This is audio perfection. Once you take the effort to learn how to use it. A thing that can be just the right touch for real vocal tracking or even mastering. It's 'That sound'.
With separate $500 outboard power supply included!
George Massenberg not included.
Two dbx 165 Comps The classic dbx VCA sound
One unit has been rebuilt by the guys in LA who specialize in restoration and the other has a switch that needs a replacement but is a cosmetic retentivity item.1799
Pro Tools
AVID sync Master Clock
From working on movies like Spiderman and Avatar with James Horner.
• Near Sample-Accurate, lock to time code or bi-phase/tach signals (When integrated with the host software)
• High-Fidelity, Low-Jitter Clock
• Supports All Major Industry- Standard Clock Sources
• Supports All Industry-Standard Time Code Formats
Synthesizers & MIDI Modules & MIDI Stuff
Roland u220 MIDI Synthesizer Sound Module
This classic 1990 vintage synth is in good shape and has the original manual.
Here's general details U220 Just add midi keyboard and speakers.199
EMU Virtuoso MIDI Synthesizer Sound Module
128 voice virtual orchestra . I have one too! Its great! Just add midi keyboard and speakers.299
midiman syncman
If you know what this does, this a realy solid SMPTE timecode song pointer sync box.40
native instruments kore
jlcooper macnexus MIDI interface
another box that if you know what does, this for you!25
Motu Midi timepiece MTP-AV
Here's more info: http://www.motu.com/products/midi/mtpav_usb125
MOTU MIDI Timepiece 2
MIDI Interface65
Demo Pair Studio Monitors
Digidesign RM1 digital active studio monitors pair Demo pair.
A review: http://www.soundonsound.com/sos/oct07/articles/digidesignrm2.htm
As new. But this was our display set. We have a pair selling at a bargain price of $300 under our dealer cost !
Direct Digital input or regular analog. Great sounding nearfields.
Made by British PMC.
Price just lowered. Very slightly scratched if any.1599/pair
Genelec 6010A studio monitors pair with 5040A subwoofer
As new. But this was our display set.
The smallest in the Genelec line but fantastic with the sub. We made a mistake and have one in grey and one in black. Our dumbass fault but you save money cuz I screwed up. New in box. Dont be a dumass too and pair and pass this dealer fuckup price for some real greating sound small studio monitors with subwoofer!
Sub comes with wired volume controller https://www.genelec.com/studio-monitors/outboard-products/9310a-volume-controller1099/pair with sub
KRK VXT8 Pair
The KRK Sales Rep's demo pair at a fantastic price for two powered monitors.
Demo pair but looks new in box. Cheapest price on the web.499/pair
Alesis mastercontrol workstation control
Moving faders & real buttons for your computer workstation. Firewire interface with moving faders and 2 mic pres. Used on major movies as a tacktile Pro Tools control.
Analog Recorder
Otari mtr12
1/2 track 30ips, 15, 7.5
1/4" tape based mastering.
Gets that cool tape compression sound.1500
Altec 1552 A VU meter
A worn and crack in meter plastic but looks really cool in your rack. Not tested.49
Marantz SR5000
Dolby Digital® and DTS® Surround Sound Decoding, plus Dolby Pro Logic®
70 Watts RMS x 5 at 8 Ohms
AM/FM Tuner
5.1 Analog Inputs, S-Video Switching, Optical and Coaxial Digital Inputs
With original box, manual & remote. The heart of your home theatre . Very light use.179
Fostex rca patchbay
with power supply, no .... just kidding.
1/4" studio Patchbays in stock and one TT patchbay1/4" style patch bays call for inventorycall-cheap
Speaker switcher25
jlcooper data masterADAT sync box50/offer?
alesis data disk
Furman hr2 headphone box
Mount this on your mic stand out in the studio and your guitarist can blast his headphones while your bass player has a resonable volume. Just one demo unit available now.69
Empty Reel
1/2" aluminum Take Up Reels for an eight track
1/2" x 10 1/2" Ampex Empty reels For half inch machines like Otari 8 track or Tascam 8 tracks.
As well as Studer, Ampex, MCI, 1/2" analog mastering decks.
Aluminum NAB style Empty Take up reels with box.40 ea.
Ampex 1" empty Tape take up reels
Empty take up reels for your 1" 16 or 24 track. Buy them now while they're easy to get in town.50 ea.
2" aluminum Take Up Reels for a 24 or 16 track
2" x 10 1/2" Ampex Empty reels for 24 track decks
Aluminum NAB style Empty Take up reels with box. Photo obviously isnt 2" but u get the idea.45 ea.
1/4"" aluminum Take Up 14" Reels scotch
Aluminum NAB style Empty Take up reels
$45 each A bit dirty with stickers but you gotta have a deck that can handle 14" reels.45 ea.
Professional Video Gear
Showtime audio distribution ampIts level changing ability makes cheap gear spread into the pro equipment realm50
Loved by everyone but, Sold
Studer A820 1/2 " half track stereo master tape
Analog at its very super best.
Machine named Felix from Bearsville Studio .
Likely had Rolling Stones and Aerosmith recorded on itsold


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I've used xDebug with Sublime Text locally for quite some time but have started playing with Docker containers to instantiate instances of Apache, PHP, MySQL, and Drupal 8.
The Docker
image I use has xDebug enabled for PHP, but I wanted to have xDebug running in the container to communicate with Sublime running on my local host system. This is not complicated, but it still took quite awhile for me to determine the correct settings.
of my confusion was due to the terms server and client as used in
documentation and comments. Most of the time, server refers to xDebug
running within PHP, and client refers to the IDE or text editor such as
On the other hand, apparently it is xDebug that
initiates the connection to the IDE, which makes xDebug act like a
client. Also, xDebug has a setting called remote_host which sounds like a remote server that it is communicating with.
In the container I'm running, the xDebug settings are in
Here are tips to get these components working together.
• Run ifconfig in a local terminal to get the local ip address.
Working on my laptop connected to a home router, ifconfig shows eth0 with inet addr 10.0.0.3. I use that value as follows in xdebug.ini
xdebug.remote_host = 10.0.0.3
At a public library using their wi-fi, ifconfig shows wlan0 with inet addr 10.12.13.211, for example, but the address changes from session to session.
xdebug.remote_host = 10.12.13.211
This is the key difference from running in a purely local way without Docker, where localhost is a typically used value for the remote_host setting.
• Here are the settings that need to be present in xdebug.ini.
xdebug.remote_enable = On
xdebug.remote_host = 10.0.0.3
xdebug.remote_port = 9000
• If you have trouble getting your setup to work, use a log for xDebug to record errors and warnings. Enable the log by
adding the following directive into your xdebug.ini file, e.g.
xdebug.remote_log = /tmp/xdebug.log
is useful for debugging. For example, at the beginning of the
log there will probably be an indication of whether xDebug is even able to
connect to the client, which is an important clue.
But use this key only as needed since it can generate a lot of log messages, some of which seem spurious.
• For the Sublime editor, the key setting is path_mapping. Its value is an object that indicates corresponding paths. For example,
{ "/var/www/modules/custom/optimizely/": "/var/www/html/opti/modules/contrib/optimizely/" }
The key (the left side) is a path in the Docker container where the xDebug server finds its source code. Its value (the right side) is the path in the local system where Sublime finds the corresponding code.
In my use case, I am only interested in the code for the Optimizely module, so I'm only providing a mapping between the two root directories of the module.
• Here are the settings that need to be present in Sublime for its xDebug package.
"port": 9000,
"path_mapping": { "/var/www/modules/custom/optimizely/": "/var/www/html/opti/modules/contrib/optimizely/" },
If you need to do troubleshooting, you might add the following setting as well in order for Sublime to output messages to its own local xDebug log.
"debug": true
Also use this key only as needed since it can generate a lot of log messages, some of which seem spurious.
• No port forwarding is needed.
The Docker documentation states: "By default Docker containers can make connections to the outside world ..." Since it is xDebug within the container that initiates the connection to Sublime running outside, there is no need to use port forwarding for the port between them.
• Once you've got the correct settings for xdebug.ini, there are different ways to persist them. In my case, some settings don't change, but I work in different locations where the IP address for remote_host does vary, so I took a hybrid approach.
First, I used the docker commit command to capture the current state of a container into an image. In that container I had edited xdebug.ini with the settings that remain the same.
# docker commit distracted_dijkstra drupal-xdebug
Second, I use the docker run command with the -e option to provide the IP address as an environment variable when instantiating the image in a new container.
# docker run -e XDEBUG_CONFIG="remote_host=10.0.0.3" drupal-xdebug
Xdebug 2 | Remote Debugging
martomo / SublimeTextXdebug
Debug your PHP in Docker with Intellij/PHPStorm and Xdebug


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Foster care for 200-pound third grader?
An Ohio third-grader who weighs more than 200 pounds has been taken from his family and placed into foster care after county social workers said his mother wasn't doing enough to control his weight.
The case is the first state officials can recall of a child being put in foster care strictly for a weight-related issue.
Lawyers for the mother say the county overreached when authorities took the boy last week. They say the medical problems he is at risk for do not yet pose an imminent danger.
A spokeswoman says the county removed the child because caseworkers saw his mother's inability to reduce his weight as medical neglect.
What do you think? Should parents be held responsible when their children? Click the link below to take our poll.
Foster care for 200-pound third grader?


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Staging Your Home to Sell
One of the key components to a quick home sale is staging. Many agents completely overlook this crucial step in the selling process. Some of the primary things that occur during staging include: new carpet or paint (only if necessary), rearranging furniture, and eliminating anything which keeps the potential buyer from imagining themselves as the owner of your home.
We are very skilled at assisting home owners with the staging process. When we come over to initially evaluate the home, we will take a little time to suggest things which may improve your chances for a quicker sale. This is part of our belief that we should be honest in our dealings with all clients. This foundation has grown our business over the years.
Sometimes, it's harder to understand what the problem areas are with your personal home, so we try to present things as a buyer will see them, because we work with so many home buyers throughout the area and in all price ranges. Our recommendations may cost a bit of money upfront, but we usually try to make suggestions that will benefit your bottom line later or increase your chances of selling.
Some things you should attempt to evaluate:
Is my carpet too old/worn/dirty to be appealing to someone about to purchase a home?
Could our furniture be rearranged or could I store some of it for a short time to make our rooms seem larger?
- How much clutter is there on the counters of my kitchen or bathroom? How much could I put away or do without for awhile?
- Should I consider a fresh coat of paint?
- Are there any minor (or major) repairs that I need to take care of before I put a "FOR SALE" sign in the yard?
Depending on the circumstances, we are also willing to show you some of your competition (i.e. other homes nearby that are also for sale) in order to give you a good idea of what buyers are seeing along with your home. We would love to speak with you regarding the sale of your home, condo, townhome, ranch, or other property anytime. Please feel free to contact us by phone or email. Our contact information is below. We look forward to helping you with a smooth home sale!


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Me: When you read your storybook, what do you do when you find a word you don't understand?
Piano Student: Use a dictionary!
Me: Yah lah. For music it's the same thing lah. When you don't understand something in the music sheet, like you can't recognise the note, you just mark it with pencil first, and try to find out what it means.
Piano Student: But sometimes I just skip the word ahh...
Me: Cannot lah like that how you learn?
Sunday, March 2, 2014
Like that how you learn?
Posted by JY at 7:54 PM
Labels: conversations, music, piano
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