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United States District Court, Ninth Circuit
August 21, 2013
DIWON WHITE, Petitioner,v.RICK HILL, Respondent.
EDMUND F. BRENNAN, Magistrate Judge.
Petitioner is a state prisoner proceeding without counsel on a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On July 12, 1994, petitioner was sentenced to 7 years to life in prison for aggravated mayhem with the use of a weapon. Pet., ECF No. 1 at 1, 36. The instant petition challenges the decision of the California Board of Parole Hearings ("Board") to deny him parole at a parole consideration hearing held on April 29, 2009. Petitioner asserts the following claims for relief: 1) the Board's decision to deny him parole violated his right to due process because the decision was not supported by "some evidence" that petitioner poses a danger to the public; 2) the Board's denial of parole converted petitioner's indeterminate sentence into a life sentence without the possibility of parole, which amounts to a disproportionate sentence and cruel and unusual punishment; and 3) the Board failed to award petitioner good conduct credits in violation of the Equal Protection Clause.
Respondent moves to dismiss the petition pursuant to Rule 4 of the Rules Governing § 2254 Cases for failure to state a cognizable claim and failure to exhaust his state remedies. This court has authority under Rule 4 to dismiss a petition if it "plainly appears from the face of the petition and any attached exhibits that the petitioner is not entitled to relief in the district court...." As a corollary to that rule, the court may also consider a respondent's motion to dismiss, filed in lieu of an answer, on the same grounds. See, e.g., O'Bremski v. Maass, 915 F.2d 418, 420 (9th Cir. 1990) (using Rule 4 to evaluate a motion to dismiss for failure to exhaust state remedies); White v. Lewis, 874 F.2d 599, 602-03 (9th Cir. 1989) (using Rule 4 as the procedural vehicle to review a motion to dismiss for state procedural default). For the reasons explained below, respondent's motion must be granted.
I. Due Process
Petitioner argues that the Board's finding that he was unsuitable for parole violated his right to due process because the decision was not supported by some evidence that petitioner poses an unreasonable risk of danger to society. ECF No. 1 at 11-33. Petitioner contends that the Board relied on his commitment offense to deny him parole, which was insufficient given the passage of time and his acceptance of responsibility for his crime. Id. at 16-18. Respondent argues that petitioner's allegations fail to state a cognizable claim for relief. ECF No. 14 at 3-4.
Under California law, a prisoner is entitled to release unless there is "some evidence" of his or her current dangerousness. In re Lawrence, 44 Cal.4th 1181, 1205-06, 1210 (2008); In re Rosenkrantz, 29 Cal.4th 696, 651-53 (2002). According to the United States Supreme Court, however, federal habeas review of a parole denial is limited to the narrow question of whether a petitioner has received "fair procedures." Swarthout v. Cooke, ___ U.S. ___, 131 S.Ct. 859, 862 (2011). In other words, a federal court may only review whether a petitioner has received a meaningful opportunity to be heard and a statement of reasons why parole was denied. Id. at 862-63 (federal due process satisfied where petitioners were "allowed to speak at their parole hearings and to contest the evidence against them, were afforded access to their records in advance, and were notified as to the reasons why parole was denied"). Thus, this court may not review whether the Board correctly applied California's "some evidence" standard. Id. at 862.
Petitioner does not allege that he was not afforded constitutionally adequate process as defined in Swarthout -that is, that he was denied a meaningful opportunity to be heard or a statement of reasons why the Board denied him parole. Indeed, petitioner concedes that the Board provided him the reasons he was found unsuitable for parole. See ECF No. 1 at 28, 30, 33.[1] The only argument petitioner advances in support of his due process claim is that the decision finding him unsuitable for parole was not supported by "some evidence." Petitioner's contention, even if valid, does not provide a basis for federal relief. Accordingly, petitioner is not entitled to relief on this claim.[2]
II. Conversion of Petitioner's Sentence
Petitioner argues that the 2009 decision denying him parole has converted his indeterminate "life sentence into what can only be deemed to have become a maximum sentence of life without the possibility of parole' or, worse yet, a death sentence in prison...." ECF No. 1 at 39. Petitioner contends that the conversion of his sentence violates many constitutional rights, including his right to be free from cruel and unusual punishment under the Eight Amendment. Id. at 42-43. Respondent does not address this claim in his motion to dismiss. Nevertheless, the claim lacks merit.
A criminal sentence that is not proportionate to the crime of conviction may indeed violate the proscription on cruel and unusual punishment in the Eighth Amendment. Outside of the capital punishment context, however, the Eighth Amendment "forbids only extreme sentences that are grossly disproportionate to the crime." United States v. Bland, 961 F.2d 123, 129 (9th Cir. 1992) (quoting Harmelin v. Michigan, 501 U.S. 957, 1001 (1991) (Kennedy, J., concurring)).
Petitioner was sentenced to a term of 7 years to life for aggravated mayhem with the use of a weapon. Such a sentence contemplates a potential life term in prison. At the 2009 parole suitability hearing, petitioner was denied parole, and his next suitability hearing was deferred for 5 years. ECF No. 1-1 at 5 (Ex. F). Should petitioner be found suitable at his next parole hearing, he will be released on parole. While petitioner might have hoped or expected to be released sooner, the Board's decision to deny him a parole release date has not enhanced his punishment or sentence. Accordingly, petitioner's is not entitled to relief on this claim.
Petitioner's contention that he has received a disproportionate sentence because the Board erred by failing to consider the matrix of base terms set forth in the California Code of Regulations, does not change this finding. ECF No. 1 at 35-36. The Board was under no obligation to consider the matrix, or principles of proportionality and uniformity, at petitioner's parole hearing. The Board is only required to consider the matrix of base terms upon a finding that the inmate is suitable for parole. Cal. Code Regs. tit. 15, § 2282; In re Dannenberg 34 Cal.4th 1061, 1091-94; see also Sass v. Calif. Bd of Prison Terms, 461 F.3d 1123, 1132 (9th Cir. 2006) ("The matrix is intended to ensure sentencing uniformity among those who commit similar crimes. Such considerations are, of course, inapplicable in the case of prisoners deemed unsuitable for parole."), overruled in part on other grounds by Hayward v. Marshall, 603 F.3d at 555 (citations omitted). Since the Board found petitioner unsuitable for parole, it was not required to consider the matrix or compare petitioner's term to other inmates committed for similar crimes.
III. Failure to Award Good Time Credits
Petitioner further argues that the Board erred by failing to award him good time credits. ECF No. 1 at 36-37.[3] In California, the California Department of Corrections and Rehabilitation ("CDCR") calculates an inmates minimum eligible parole date ("MEPD") and the Board determines the amount of time an inmate must serve prior to release on parole. See Cal. Code Regs. tit. 15, § 2400. Inmates receive their initial parole hearing one year before the ...
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Malvern Books
"...Oct. 28, 2013..."
"...The other three authors provide a bit of international flavor ranging from Italy to the Caribbean. The former involves real taste as celebrity chef, restaurateur, and PBS cooking shot host Lidia Bastianich shares more of her tips on Italian and Italian-American cuisine – no doubt some from her 2013 book, Lidia's Commonsense Italian Cooking: 150 Delicious and Simple Recipes Anyone Can Master...."
"...Brian Karas' heartwarming drawings, Katherine Applegate reveals the pitfalls of poaching – and the joys of rescues – to preschoolers. Applegate won the 2013 Newberry Medal for her novel, The One and Only Ivan, which also featured this tale of tragedy and triumph..."
"...Special speakers include poet and filmmaker MK Asante, author of the acclaimed 2013 memoir, Buck; the prolific historical romance novelist Beverly Jenkins (the Blessings series); and University of Texas psychology professor Dr. Kevin Cokley, who has explored how issues of identity impact the achievement of African American students..."
"...April 1, 2013. 13 photos...."
"...There was much to say, but 2013 Lege prospects most telling in proposals from Patrick and Heflin. Patrick says he wants higher sales taxes, lower property taxes..."
"...Chef Andrew Zimmern hosts the Muchies People's Choice Food Awards and will spend some time Friday afternoon congratulating 2012 Best Taco winner Torchy's Tacos and encouraging Austinites to vote for local 2013 nominees (Best BBQ) Franklin's Barbecue and the Salt Lick Barbecue, and (Best Taco), La Condesa from their smartphones during the event. He will also sign copies of his new book Andrew Zimmern's Field Guide to Exceptionally Weird, Wild, & Wonderful Foods – An Intrepid Eater's Digest (Seiwell & Friends, $14.99)..."
"...There's also the bill's premiere of a Requiem movement by a composer who's still very much alive – indeed, who just recently became the youngest winner of the Pulitzer Prize for Music. Caroline Shaw, whose Partita for 8 Voices scored the 2013 prize, will present her reinvention of the Recordare movement from Mozart's Requiem – her contribution to the Mozart Requiem Undead project, in which contemporary composers complete the score that Wolfgang Amadeus left unfinished when he died..."

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About Admissions Academics Student Life Athletics Continuing & Graduate
Unfortunately, the fog in Iowa will not allow Simpson to make it to Phoenix for the scheduled event. Please contact Anne Fattig if you have any questions. She will be in Arizona all this week as soon as she can get there!
Save the date, Simpson College is coming to you! Join admissions counselors, faculty, coaches & alumni for a casual reception to learn more about all of the opportunities Simpson offers its students: strong academics, research opportunities, competitive internships, championship athletics, renowned fine arts, study abroad trips, community service, student life & more. Take a closer look at the college you could call your next "home away from home!"
Olive & Ivy
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Scottsdale, AZ 85251
Sunday, December 2, 2012 at 2:00pm to 4:00pm
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Monday, June 23, 2008
My impression of MGS4....
i am already 15 hours into the game, and now in act 5(final act).All i can say is that MGS4 is the best next-gen game i played to date. I know GTA4 was good, but MGS4 is just better. The gameplay has improved from previous MGS series. Graphics are crazy good looking, better than any other xbox360 or PS3 games.
I haven even played Metal gear online yet because the single campaign is so engaging and i cant stop playing....i played for 7 hours the first day i received my game. I cant remember the last time i play a game that long in a single day. Kojima and his team has created a masterpiece of a game, and MGS4 will be the game of the year. The details in this game is like no other. Every guns shoot and sound different, and bullet holes are different from every guns. So far, this game is perfect for me. The gameplay, music, sound, graphics, story are all top notch stuff. I highly recommend all gamers to try out MGS4, it is that good of a game. Cheers!
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"Faith and knowledge are related as the two scales of balance; when one goes up, the other goes down... The power of religious dogma, when inculcated early, is such as to stifle conscience, compassion, and finally every feeling of humanity... For, as you know, religions are like glow worms; they shine only when it's dark. A certain amount of ignorance is the condition of all religions, the element in which alone they can exist."
Arthur Schopenhauer
Parerga and Paralipomena


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En Español
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With summer just around the corner, it will soon be time for sandals and barefoot walks on the beach. But if you're dealing with toenail fungus, the thought of wiggling your toes in the sand may bring more apprehension than joy.
Nail fungus, or onychomycosis, is a very common fungal infection. And while normally harmless, toenail fungus can cause embarrassment and in some cases pain and discomfort. It can also be difficult to get rid of.
Fortunately, there are steps you can take to both prevent and treat the condition. First, learn what to look for:
Signs of toenail fungus
Are you at risk?
Men and older adults are more likely to develop toenail fungus. People with diabetes and circulation problems in the legs are also at increased risk. Other risk factors include:
Can toenail fungus be prevented?
There are steps you can take to help reduce the likelihood of developing toenail fungus:
And, always keep an eye on your toes for any changes, discoloration, cuts, or damage.
Treatment options
Since toenail fungus can resemble other conditions including psoriasis, it's important to first be checked out by your family doctor or a podiatrist. Treatment options depend on both the type of fungus and degree of infection. Your doctor may recommend:
And finally, while it may be tempting to cover discolored nails with polish, resist the temptation. Nail polish prevents your nails from breathing, making it more difficult to get rid of the fungus.
Schedule an appointment online now.
Call: 866-871-0851
Steven J. Kattler, DPM, FACFAS, is a podiatrist with LG Health Physicians/Penn Medicine Podiatry. Dr. Kattler's areas of special interest include sports medicine and gait analysis. He has expertise in treating athletic injuries, and utilizing custom orthotics and brace therapy. Education: Medical School—Temple University School of Podiatric Medicine; Residency—Frankford Hospital.
summer tips
toenail fungus


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KCRA's Common Ground–The Mike Carroll Show
Almost every month of the year KCRA airs a magazine program called Common Ground, which I have written about a number of times here over the years. I do the post-production on the show and strive to contribute at least one story a month. On occasion I have had two stories in the same show.
This evening–Saturday, January 23, 2016–I had two stories:
1) The Bookshelf, the Last Bookstore in Truckee; an original-to-Common Ground story, and:
2) Beverley Carlson: E-Bike Rider; this had previously aired on KCRA on Christmas Day.
But I had never had two stories in the same Common Ground broadcast where each took up their own segment blocks and where at the end of one segment that my story was in was a "tease" promoting the next segment, which was also my story.
Here are the stories as they appeared in Segment 3 and Segment 4 of tonight's Common Ground:


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Can Vihiga United manage the unthinkable, and eliminate Tusker from the knock-out GOtv Shield this season?
The second tier side will line up against the tournament holders in the quarters of the domestic cup at the Nyayo Stadium on Sunday, in one of the more interesting match-ups.
The other quarter-final matches are Kariobangi Sharks tie against little known Eldoret Youth, AFC Leopards' date with Wazito and the all-Kenya Premier League contest between Bandari's versus Sony Sugar.
"This is our game of the season. We have no reason to fear them (Tusker) even if they have big names in their team. We are coming to Nairobi to knock them out," Vihiga's striker Rashid Kyambadde said.
Vihiga's front men Kyambadde and NSL top scorer Patrick Okullo have been in lethal form that has seen the county government-sponsored outfit perch comfortably atop the National Super League standings.
Kariobangi Sharks v Eldoret Youth
Bandari v Sony Sugar
Vihiga v Tusker
Wazito FC v AFC Leopards


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to quote a friend: "While it is no surprise that J Street Jan is rightly called J Street Jan because of her complete (and early on) embrace of this horrid group, should there not be a voice of true pro Israel residents of the 9th screaming from the top of the Doubletree WE'RE MADDER THAN HELL AT JAN AND WE'RE NOT GOING TO SUPPORT HER DESTRUCTION OF ISRAEL. We tried to vote her out...and alas that didn't work. She is a cancer. She is dangerous. She is toxic."
And then there are the other "Jews" listed below who signed on...
74 Democrats Join J Street in Urging Concessionsby Rachel Hirshfeld
Seventy-four Democrats in the House of Representatives have joined the leftist J Street organization in supporting the Obama administration's attempt to force Israel into making painful and possibly dangerous concessions to the Palestinian Authority.
"In our view, support for a two-state resolution is inseparable from such support for Israel, its special relationship with the United States, and its very survival as a democratic homeland for the Jewish people," the letter asserted.
Seven Jewish members signed the letter, including Reps. Steve Cohen (D-Tenn.), John Yarmuth (D-Ky.), Reps. Susan Davis (D-Calif.), Bob Filner (D-Calif.), Jared Polis (D-Colo.), Jan Schakowsky (D-Ill.) and Henry Waxman (D-Calif.).
Rep. Chris Van Hollen (D-Md.), the chairman of the Democratic Congressional Campaign Committee also signed the letter.
J Street's director of government affairs, Dylan Williams, noted that the signatories "are making clear that to be pro-Israel is to support active U.S. engagement in achieving a two-state solution."
"If the U.S. Congress does not make a viable resolution to the Israeli-Palestinian conflict a cornerstone of foreign policy in the region, then we are not truly helping Israel to face one its most critical challenges," Williams continued, not mentioning that there are other possible solutions and that the two-state one might bring catastrophe upon Israel.
While J Street claims it is a "pro-Israel" organization, its policies have ranged from supporting the libelous Goldstone Report to opposing sanctions and military actions against Iran. The organization has provided a forum for radicals advocating boycotts, divestment and sanctions against Israel and has denied, despite evidence to the contrary, that it receives funding from George Soros, the multi-billionaire financier of radically left leaning organizations.
Monday, May 7, 2012
How Jan Schakowsky Il 9 hurts Israel
Posted by Jewish Education at 1:27 PM
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Thomas F. O'Mara, a New York State Senator from mid-western New York, has posted a poll on his website. He's asking, presumably, his voters to tell him whether they'd like to have wine on supermarket shelves.
This has been an ongoing point of contention and law in New York. Currently only single-proprietor shops are allowed to sell wine and liquor. Beer is sold in beverage shops, supermarkets and convenience stores. Not surprisingly, current liquor stores are adamantly against this. Supermarkets would love it, the state would love it for what it sees as more licensing fees and tax revenues.
Give Mr. O'Mara your opinion. Wine shops and supermarkets co-exist right next store in New Jersey, why not here?
UPDATE: the poll has been taken down. The senator's views on the topic remain.


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Everyone deserves a second chance. My first experience with Rocksbox wasn't so great. But when they reached out, I thought I'd give them another try. For those who don't know, Rocksbox is a monthly jewelry subscription box. $19 you can borrow 3 pieces of jewelry that were picked by their stylists, and swap them out anytime you want. Here's what was inside:
It comes cutely wrapped in a box. The three items I received were - Jenny Bird Palm Rope Necklace $85, Gorjana Mae Shimmer Ring $43 (similar here), and Trina Turk Pyramid Delicate Frontal Necklace $78.
This Trina Turk necklace was too similar to other necklaces I own for me to purchase it.
Overall, my second experience with Rocksbox was better than my first. Still didn't absolutely fall in love with anything that it would make me want to buy it. But that doesn't mean you won't!


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|Specials menu and featured desserts
Jeanie Tomanek. I loved the art. Loved.
One not so good thing was the service. It was way too intrusive. I get that everyone is different and some customers like very high-touch. I'm just not one of them. Very kind but trying way too hard.
Another little bump was timing out of the kitchen. We ordered an appetizer (really the whole reason I was there) and a little later ordered our entrees. We were just starting on our appetizer when the entrees hit the table. Better timing by the kitchen is definitely in order.
Now the good stuff, the food, and the reason I was there. The Pork Poutine starter. Poutine is a French Canadian dish that got its start in Quebec. It consists of french fries, gravy and cheese curds. I've seen different versions of this dish on menus lately but the one at The Rotisserie Shop had the ring of authenticity and I just had to try it. (Yes, I know that roasted pork is not authentic to poutine. It sure was good though!)
|Pork Poutine - hand cut fries, pulled pork, cheese curds and rotisserie gravy
|Rotisserie Chicken Club and Brunswick Stew
|Rotisserie Chicken with Jalapeno Cole Slaw
The Rotisserie Shop is a good, local, non chain option serving thoughtfully prepared, locally sourced food. If you're ever in the northwest Atlanta area in need of a good lunch spot you'd do well to give these guys a try.
Happy dining!


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Newborn photography sessions take place at your London/ Surrey home, which is more relaxing for you than a studio as you have all the things you need to hand and don't have to organise yourself to leave the house in those first chaotic couple of weeks! My style is natural and sessions are entirely baby-led, with the safety of your newborn very important, so I don't put them into any poses they are not comfortable doing. Click for more session info, prices or to view my newborn photography gallery.
Baby, child and family photography sessions can be at your home or your favourite outdoor location in London or Surrey. My style is fun, relaxed and informal, which puts your little ones at ease and allows their personalities to shine through in my pictures. I can also photograph special occasions such as your baby's christening or child's birthday party. Click for session info, prices and examples of my photos: baby photography, child photography and family photography.
Maternity sessions can be at your home or outdoors if you would like me to photograph your bump in a natural setting! We can do a variety of poses, with bump out if you wish, including older siblings and partner too. Click to view my pregnancy photography gallery.
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It's really important when choosing your photographer to pick one who has been trained in newborn safety and is fully insured. ShutterBaby is a member of the Baby and Newborn Photography Association and you can be secure in the knowledge that I will handle your newborn safely. Click here for all the reasons you should trust me to be your baby photographer.
Click to view session information, examples of my work, product guide and prices or contact me to make a booking.
I am also a member of the Society of Wedding and Portrait Photographers SWPP and supporter of the premature baby charity First Touch based at St. George's Hospital in London.
If you think I am the right photographer for you I would love to hear from you! Sara-Jane x
I am based in Herne Hill (SE24), South London and cover London & Surrey, including South East London: Dulwich, East Dulwich, West Dulwich, Camberwell, Forest Hill, Brockley, Bexley, Honor Oak, Sydenham, Brixton, Greenwich, Blackheath, Hither Green, Lewisham, West Norwood, Streatham, Peckham, Nunhead, Loughborough Junction, Denmark Hill, Crystal Palace, Anerley, Gipsy Hill, New Cross Gate, Bromley, Beckenham, Penge, Orpington, Chislehurst, West Wickham, Bickley, Bermondsey. South West & Central London - Clapham, Battersea, Wandsworth, Fulham, Putney, Westminster, Kensington, Knightsbridge, Chelsea, Notting Hill, Balham, Tooting, Wimbledon, Colliers Wood, Earlsfield, Richmond, Twickenham, Barnes, St John's Wood, Pimlico. In Surrey - Kingston, Sutton, Epsom, Croydon, Purley. I also cover Central, West & East London. I can't list all London boroughs or Surrey towns here so please do enquire for availability in your area.
07958 734184
07958 734184


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Today Shermie and I put up Mrs.Sadies new kennel. Then we connected her old kennel to the chicken coop. So the birds are no longer cooped up! They were so happy, by the end of the day they all had green beaks (from eating the grass). Mrs. Sadies new kennel is huge!! Now when I want to put Chester outside I can just put him in the kennel with her. And I don't have to worry about runaway hounds! Those two played all day, Chester is worn out hasn't moved from the couch in hours!! I put Mrs. Sadies new kennel close to the house so I could hear her if she barked, now I am regretting it. She seems to bark at nothing a lot, but my yard is really dark at night so I have to take her word for it. I've got my eye on some solar powered floodlights. Maby I'll make lots of money at my yard sale this weekend!
The garden is pretty much ready I have everything planted except for my tomatoes & cucumbers. It is supposed to frost tonight hope everything will be o.k.
I guess that's all the news for today


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Musician Scott Kepnes is the featured entertainer at this month's Kids Club on Friday, May 13, from 10-11 a.m. at Memorial Hall.
Each month, the Melrose Kids Club features a different entertainer for preschool-aged children and offers parents and caregivers an opportunity to come together and network with one another. Kids Club is held the second Friday of each month at Memorial Hall, located at 590 Main Street, and it is always free.


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Police charged two people with endangering others after finding apparent explosive material at a home in Ferguson in Pulaski County.
Police also charged Ember Collins, 20, and Robert Ware, 31, with drug possession, according to a news release from the Somerset Police Department.
Police found what appears to be a low-explosive powder at the house, said Matthew White, a supervisor with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives in Lexington.
Collins and Ware have not been charged with federal offenses, but could be. Material found at their house is being tested, White said.
Local and federal authorities said it's not yet clear why the two had the material.
"That's really kind of a mystery at this point," said Michael Grigsby, a Somerset police detective who is investigating. "There's really no legitimate reason for them to have what they had."
The case started after someone at the address where the material was found called 911 about 1:30 p.m. Thursday, but hung up. Somerset police went to make sure there were no problems at the house, where Ware and Collins lived, Grigsby said.
While talking to residents at the house, police saw what they thought could be a pipe bomb and commercial-blasting materials, according to a news release.
Police got the people out of the house and notified ATF and the state police hazardous materials unit.
The investigation showed there was no pipe bomb at the house, White said.
In addition to what is thought to be low-explosive material, however, there were items in the house similar to blasting caps that had been exploded, White said.


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Skipped the 5:30 am run with the one running group. Truly, it had been an option but for whatever reason, I knew that I would miss the initial Saturday. It didn't feel right. I mentioned maybe going with Tom and insisted that it would have to be before 8 am. Otherwise, running would not be part of my Saturday routine.
He agreed and suggested attending his spin class. I pondered that option before committing to skipping the earlier run. The group would run a different area that I was accustomed too. Still it was insane early and I didn't feel like it.
At 6 am, there was a knock on my door. I could smell coffee (I was immediately awake) and stretching. I walked outside to sense the temperature factor and it wasn't too bad yet. About 6:45, we headed out. I knew it would be an easy pace without hills as we had a spin class to contend with, too. We ran about 30 minutes and it was nice. Too easy and I was regretting my decision to skip the group run. I need to be running more miles, preparing, for the upcoming half. Choosing to run 3 miles on the designated long run day was not going to cut it. Next week, I will run with the group.
Anyways, we returned and Tom made us toast and eggs. There were a few hours between the run and spin class. I was all for the food factor and trying to decide if I really wanted to go to the class or find a way to back out. Still, I had committed to going and knew that that was the right thing to do.
Off we went to the gym. Checked in and headed to the spin class. I looked around and it was a mix of ages. Definitely dominated by males and most of the people were already warming up by cycling. I adjusted the seat and wiped off the equipment before fully settling in. Uncertain of how the next hour of my life was going to go. Of course, Tom was supportive and encouraging. On the way over to the gym, he explained the equipment and what to expect. He told me that this particular instructor was pleasant, had okay music and he preferred a few of the other instructors. The girl was adequate but not super challenging.
We arrive ten minutes early and waited. I joined in on the cycling factor. Circle. Slow. Cycle. Stop. Wait.
Is the instructor joining us? Yes. Soon. She sub'd for some other class.
Hold tight. Cycle. Check clock. Cycle. Relax. Cycle. Wait....
Instructor arrives. Thankfully. Cycle. Wait. Breathe.
Pump it up~or not. Too loud....perhaps, I am unused to it being this loud--according to the instructor. She adjusts the music and we are off. An hour of intense cycling. Not that bad in all honesty. Afterwards, I could walk and without too much difficulty. My only other experience with spin class made me hurt. I suppose the three flights of stairs to the locker room added to it. My legs took a beating that day.
Now, I have a two week guest pass and I feel I will return to spin class. I will check out other instructors to gage their music and intensity.
We found another coffee shop after the class. Stocked up on veggies at the market and headed home. My friend was cleaning out the pantry. For the most part it was organized just overrun with product. She went through and sorted out all of the past due items and cleaned the shelves. This took the entire day. I read, made more to-do lists (I seem to do this on a daily basis) and waited. I couldn't decide what I wanted to do that night. Eventually, Jan knocked on my door and said--I know where we can go and use a pool.
That decided everything. We packed a cooler of ice, beer, limes and headed to her neighbor's house. Glorious. Resembled bath water--a little--but still what a nice way to cool off and combat the heat. A pool definitely makes a difference. Perfect way to spend a Saturday.
Today, I will meet up with friends and bbq with them. Lovely holidays~


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American Physical Society Sites|APS|Journals|PhysicsCentral|Physics
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THOUSANDS more pensioners in Wales could lose out on top-up benefits when the new tax credit system is introduced next month, it was claimed last night.
A four-year drive by the Government to convince pensions to take up the Minimum Income Guarantee has seen the number of Welsh pensioners not claiming the benefit fall by 10,000.
But Age Concern Cymru yesterday warned numbers of benefit non-claimants were set to rise when the MiG is replaced with the Pensioners Tax Credit.
The warning came as the National Pensioners Convention lobbied MPs calling for a restoration of the link between state pensions and earnings while the Liberal Democrats held a Commons debate to call for a fair deal for the elderly.
There are more than five million pensioners in England and Wales thought to qualify for the new Tax Credit but the Government estimates only three million will apply.
Jackie Dix, policy officer for Age Concern Cymru, said the new means-tested benefit was so complicated the numbers of non-claiming pensioners would rise again.
"I think it will probably happen," she said, "I think there is a problem with having to claim complicated means tested benefits and I don't understand why they cannot be awarded automatically."
Of the 600,000 pensioners living in Wales, some 45,000 are still not drawing the Minimum Income Guarantee, leaving millions of pounds worth of benefits unclaimed each year.
Despite a massive information campaign some pensioners remain unaware they are entitled while others simply balk at the idea of claiming benefits.
Age Concern Cymru says the Government should channel the money from the new Tax Credit and the £200 a year winter fuel allowance to fund a major increase in the basic state pension.
They want to see all a basic state pension for single people of £160 a week while couples should be given £233 a week.
Ms Dix said, "A substantial increase in the basic state pension would stop the need for complicated means-tested benefits, pull pensioners out of poverty and give them the power to choose how to spend their money."
In contrast, the National Pensions Convention, lobbying Parliament yesterday, wants to see the link between pensions and pay restored.
It was severed in 1980 in favour of linking pension rises to inflation but the new system has seen the Government come under fire as low inflation leads to paltry pension increases.
Three years ago, Chancellor Gordon Brown came under attack from pensions groups after the state pension rose by just 75p a week and this year the rise is worth just £2 a week extra.
The NPC said yesterday that, had the earnings link not been broken, the current £77.45 basic state pension for a single person would be worth £104 a week today.
The NPC president, Rodney Bickerstaffe, said, "The Government says it wants to end pensioner poverty but is continues to go about it the wrong way through means testing. This is unpopular amongst many people who feel they should not have to fill in forms and divulge every last detail of their lives in order to get a decent income."
Newport West MP Paul Flynn, who addressed the rally, defended the Government's record for the elderly but said it was "psychologically important" for the link with earnings to be restored.
"Actually the increases have been more than they would have been if the Government had restored the link but it would give a psychological boost to pensioners who fear the relative wealth of their pension is being undermined by inflation."


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The well-established real estate consulting and brokerage firm IRIS is set to take part in Gulf Property Show 2017 which will be held from April 25th to 27th.
IRIS will showcase its ambitious project Providence Residence during the event which was launched in September 2015 and is expected to be delivered this year.
Providence Residence is a fancy high-rise residential tower that is located in Juffair district near Al Najma Club.
The tower includes a wide set of residential units varying between one-, two-, and three-bedroom apartments equipped with all needed facilities for fancy living and offering panoramic views of Bahrain and the sea.
Gulf Property Show 2017 is sponsored by Diyar Al Muharraq and Manara Developments along with a set of prominent real estate and investment companies in Bahrain.
The show is considered one of the best real estate exhibitions in the region and it's expected to drag many visitors who are interested in purchasing investment properties in Bahrain.


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Although we don't believe in timing the market or panicking over market movements, we do like to keep an eye on big changes -- just in case they're material to our investing thesis.
What: Shares of Advanced Micro Devices
So what: Revenue fell 10% from last year to $1.4 billion, resulting in net income of just $37 million, or $0.05 per share. CEO Rory Read cited overall macro weakness, soft consumer demand, and lower demand internationally for the tough quarter.
Now what: Read also said the company was taking definitive steps to boost performance and fix problems, but that next quarter is also expected to be challenging. AMD expects next quarter's revenues to fall by 1% sequentially, plus or minus 3%. The figures show that chip giant Intel is chipping away at AMD's already smaller market share in both PCs and servers.
Interested in more info on Advanced Micro Devices? Add it to your watchlist by clicking here.
Fool contributor Evan Niuholds no position in any company mentioned. Click here to see his holdings and a short bio. The Motley Fool owns shares of Intel. Motley Fool newsletter services have recommended buying shares of Intel. The Motley Fool has a disclosure policy. We Fools may not all hold the same opinions, but we all believe that considering a diverse range of insights makes us better investors. Try any of our Foolish newsletter services free for 30 days.


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Here are selected October 2011 rulings of the Supreme Court of the Philippines on political law:
Constitutional Law
Constitutionality of RA 10153. Republic Act 10153 reset the ARMM elections from August 8, 2011, to the second Monday of May 2013 and every three years thereafter, to coincide with the country's regular national and local elections. The law also granted the President the power to appoint officers in charge for the Office of the ARMM Regional Governor, the Regional Vice-Governor, and the Members of the Regional Legislative Assembly, who will hold said offices until the officials duly elected in the May 2013 elections shall have qualified and assumed office. In addressing the constitutionality of this law, the Court discussed the following issues:
Does the Constitution mandate the synchronization of elections? Yes. While the Constitution does not expressly state that Congress has to synchronize national and local elections, the clear intent towards this objective can be gleaned from the Transitory Provisions (Article XVIII) of the Constitution, which show the extent to which the Constitutional Commission, by deliberately making adjustments to the terms of the incumbent officials, sought to attain synchronization of elections. The objective behind setting a common termination date for all elective officials, done among others through the shortening the terms of the twelve winning senators with the least number of votes, is to synchronize the holding of all future elections – whether national or local – to once every three years. This intention finds full support in the discussions during the Constitutional Commission deliberations. These Constitutional Commission exchanges, read with the provisions of the Transitory Provisions of the Constitution, all serve as patent indicators of the constitutional mandate to hold synchronized national and local elections, starting the second Monday of May, 1992 and for all the following elections. Although called regional elections, the ARMM elections should be included among the elections to be synchronized as it is a "local" election based on the wording and structure of the Constitution.
Does the passage of RA 10153 violate Section 26(2), Article VI of the Constitution? No. That section provides that before a bill passed by either the House or the Senate can become law, it must pass through three readings on separate days. The exception is when the President certifies to the necessity of the bill's immediate enactment. In this case, the records show that the President wrote to the Speaker of the House of Representatives to certify the necessity of the immediate enactment of a law synchronizing the ARMM elections with the national and local elections. Following Tolentino v. Secretary of Finance, the President's certification exempted both the House and the Senate from having to comply with the three separate readings requirement.
Does the requirement of a supermajority vote for amendments or revisions to RA 9054 violate Section 1 and Section 16(2), Article VI of the Constitution and the corollary doctrine on irrepealable laws? Yes. Even assuming that RA 9333 and RA 10153 did in fact amend RA 9054 (the Court ruled in this case that those two laws did not amend RA 9054), the supermajority (2/3) voting requirement required under Section 1, Article XVII of RA 9054 has to be struck down for giving that law the character of an irrepealable law by requiring more than what the Constitution demands. RA 9054 is the Second Organic Act of the ARMM, which provided that the first ARMM elections would be held on the second Monday of September 2001. RA 9333 is one of several laws prior to RA 10153 that reset the date of the ARMM regional elections. Section 16(2), Article VI of the Constitution provides that a "majority of each House shall constitute a quorum to do business." As long as majority of the members of the House of Representatives or the Senate are present, these bodies have the quorum needed to conduct business and hold session. Within a quorum, a vote of majority is generally sufficient to enact laws or approve acts. In contrast, Section 1, Article XVII of RA 9054 requires a vote of no less than 2/3 of the Members of the House of Representatives and of the Senate, voting separately, in order to amend that law. Clearly, this 2/3 voting requirement is higher than what the Constitution requires for the passage of bills, and served to restrain the plenary powers of Congress to amend, revise or repeal the laws it had passed. While a supermajority is not a total ban against a repeal, it is a limitation in excess of what the Constitution requires on the passage of bills and is constitutionally obnoxious because it significantly constricts the future legislators' room for action and flexibility.
Does the requirement of a plebiscite apply only to the creation of autonomous regions under paragraph 2, Section 18, Article X of the Constitution? Yes. RA 9054 enlarged the plebiscite requirement in the Constitution with respect to the ARMM. This enlargement violates Section 18, Article X of the Constitution. Section 18 states that a plebiscite is required only for the creation of autonomous regions and for determining which provinces, cities and geographic areas will be included in the autonomous regions. This means that only amendments to, or revisions of, the Organic Act constitutionally-essential to the creation ofautonomous regions – i.e., those aspects specifically mentioned in the Constitution which Congress must provide for in the Organic Act – require ratification through a plebiscite. These amendments to the Organic Act are those that relate to: (a) the basic structure of the regional government; (b) the region's judicial system, i.e., the special courts with personal, family, and property law jurisdiction; and, (c) the grant and extent of the legislative powers constitutionally conceded to the regional government under Section 20, Article X of the Constitution. The date of the ARMM elections does not fall under any of the matters that the Constitution specifically mandated Congress to provide for in the Organic Act. Therefore, any change in the date of elections cannot be construed as a substantial amendment of the Organic Act that would require compliance with the plebiscite requirement.
Does RA 10153 violate the autonomy granted to the ARMM? No. Petitioners argued that while synchronization may be constitutionally mandated, it cannot be used to defeat or to impede the autonomy that the Constitution granted to the ARMM. Phrased in this manner, one would presume that there exists a conflict between two recognized Constitutional mandates – synchronization and regional autonomy – such that it is necessary to choose one over the other. The Court found this to be an erroneous approach that violates a basic principle in constitutional construction that the Constitution is to be interpreted as a whole, and one mandate should not be given importance over the other except where the primacy of one over the other is clear. Synchronization is an interest that is as constitutionally entrenched as regional autonomy. They are interests that the Court should reconcile and give effect to, in the way that Congress did in RA 10153, which provides the measure to transit to synchronized regional elections with the least disturbance on the interests that must be respected. Particularly, regional autonomy will be respected instead of being sidelined, as the law does not in any way alter, change or modify its governing features, except in a very temporary manner and only as necessitated by the attendant circumstances. Further, while autonomous regions are granted political autonomy, the framers of the Constitution never equated autonomy with independence. The ARMM as a regional entity thus continues to operate within the larger framework of the State and is still subject to the national policies set by the national government, save only for those specific areas reserved by the Constitution for regional autonomous determination. The autonomy granted to the ARMM cannot be invoked to defeat national policies and concerns. Since the synchronization of elections is not just a regional concern but a national one, the ARMM is subject to it; the regional autonomy granted to the ARMM cannot be used to exempt the region from having to act in accordance with a national policy mandated by no less than the Constitution.
Given the constitutional objective of synchronization, did Congress gravely abuse its discretion or violate the Constitution when it addressed through RA 10153 the concomitant problems that the adjustment of elections necessarily brought with it? No. The Court here identified the following options open to Congress in order to resolve the problems: (1) allow the elective officials in the ARMM to remain in office in a hold over capacity until those elected in the synchronized elections assume office; (2) hold special elections in the ARMM, with the terms of those elected to expire when those elected in the synchronized elections assume office; or (3) authorize the President to appoint officers in charge, pursuant to Section 3 of RA 10153, until those elected in the synchronized elections assume office. The Court held that in choosing to grant the President the power to appoint OICs, Congress chose the correct option and passed RA 10153 as a valid law.
Holdover option is unconstitutional. This option violates Section 8, Article X of the Constitution, which states that the term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Since elective ARMM officials are local officials, they are covered and bound by the three-year term limit prescribed by the Constitution; Congress cannot extend their term through a law allowing officials to serve in a holdover capacity. If it will be claimed that the holdover period is effectively another term mandated by Congress, the net result is for Congress to create a new term and to appoint the occupant for the new term. This view – like the extension of the elective term – is constitutionally infirm because Congress cannot do indirectly what it cannot do directly, i.e., to act in a way that would effectively extend the term of the incumbents. Congress cannot also create a new term and effectively appoint the occupant of the position for the new term. This is effectively an act of appointment by Congress and an unconstitutional intrusion into the constitutional appointment power of the President.
COMELEC has no authority to order special elections. Another option proposed by the petitioner is for this Court to compel COMELEC to immediately conduct special elections pursuant to Section 5 and 6 of Batas Pambansa Bilang 881. The power to fix the date of elections is essentially legislative in nature. Congress has acted on the ARMM elections by postponing the scheduled August 2011 elections and setting another date – May 13, 2011 – for regional elections synchronized with the presidential, congressional and other local elections. By so doing, Congress itself has madea policy decision in the exercise of its legislative wisdom that it shall not call special elections as an adjustment measure in synchronizing the ARMM elections with the other elections. After Congress has so acted, neither the Executive nor the Judiciary can act to the contrary by ordering special elections instead at the call of the COMELEC. The Court, particularly, cannot make this call without thereby supplanting the legislative decision and effectively legislating. Further, the constitutional power of COMELEC, in contrast with the power of Congress to call for and to set the date of elections, is limited to enforcing and administering all laws and regulations relative to the conduct of an election. COMELEC has no power to call for the holding of special elections unless pursuant to a specific statutory grant.
The Court has no power to shorten the terms of elective officials. Even assuming that it is legally permissible for the Court to compel the COMELEC to hold special elections, no legal basis exists to rule that the newly elected ARMM officials shall hold office only until the ARMM officials elected in the synchronized elections shall have assumed office. The Court is not empowered to adjust the terms of elective officials. Based on the Constitution, the power to fix the term of office of elective officials, which can be exercised only in the case of barangay officials, is specifically given to Congress. Even Congress itself may be denied such power, as shown when the Constitution shortened the terms of twelve Senators obtaining the least votes in the 1992 congressional elections, and extended the terms of the President and the Vice-President in order to synchronize elections; Congress was not granted this same power. The settled rule is that terms fixed by the Constitution cannot be changed by mere statute. More particularly, not even Congress and certainly not the Court, has the authority to fix the terms of elective local officials in the ARMM forless, or more, than the constitutionally mandated three years, as this tinkering would directly contravene Section 8, Article X of the Constitution. In the same way that the term of elective ARMM officials cannot be extended through a holdover, the term cannot be shortened by putting an expiration date earlier than the three years that the Constitution itself commands. This is what will happen – a term of less than two years – if a call for special elections shall prevail.
Does the grant to the President of the power to appoint OICs violate the Constitution? No. The power to appoint is essentially executive in nature, and the limitations on or qualifications to the exercise of this power should be strictly construed; these limitations or qualifications must be clearly stated in order to be recognized. The appointing power is embodied in Section 16, Article VII of the Constitution, which pertinently states that the President shall appoint all other officers of the government whose whom the President may be authorized by law to appoint. Since the President's authority to appoint OICs emanates from RA 10153, it falls under this group of officials that the President can appoint pursuant to Section 16, Article VII of the Constitution. Thus, the assailed law rests on clear constitutional basis.
If at all, the gravest challenge posed by the petitions to the authority to appoint OICs under Section 3 of RA 10153 is the assertion that the Constitution requires that the ARMM executive and legislative officials be "elective and representative of the constituent political units." This requirement indeed is an express limitation whose non-observance in the assailed law leaves the appointment of OICs constitutionally defective. But the Court said this alleged constitutional problem is more apparent than real and becomes very real only if RA 10153 were to be mistakenly read as a law that changes the elective and representative character of ARMM positions. RA 10153, however, does not in any way amend what the organic law of the ARMM sets outs in terms of structure of governance. What RA 10153 in fact only does is to "appoint officers-in-charge for the Office of the Regional Governor, Regional Vice Governor and Members of the Regional Legislative Assembly who shall perform the functions pertaining to the said offices until the officials duly elected in the May 2013 elections shall have qualified and assumed office." This power is far different from appointing elective ARMM officials for the abbreviated term ending on the assumption to office of the officials elected in the May 2013 elections.
Given the plain unconstitutionality of providing for a holdover and the unavailability of constitutional possibilities for lengthening or shortening the term of the elected ARMM officials, is the choice of the President's power to appoint – for a fixed and specific period as an interim measure, and as allowed under Section 16, Article VII of the Constitution – an unconstitutional or unreasonable choice for Congress to make? Admittedly, the grant of the power to the President under other situations or where the power of appointment would extend beyond the adjustment period for synchronization would be to foster a government that is not "democratic and republican." For then, the people's right to choose the leaders to govern them may be said to be systemically withdrawn to the point of fostering an undemocratic regime. This is the grant that would frontally breach the "elective and representative" governance requirement of Section 18, Article X of the Constitution. But this conclusion would not be true under the very limited circumstances contemplated in RA 10153 where the period is fixed and, more important, the terms of governance – both under Section 18, Article X of the Constitution and RA 9054 – will not systemically be touched nor affected at all. RA 9054 will govern unchanged and continuously, with full effect in accordance with the Constitution, save only for the interim and temporary measures that synchronization of elections requires.
Viewed from another perspective, synchronization will temporarily disrupt the election process in a local community, the ARMM, as well as the community's choice of leaders, but this will take place under a situation of necessity and as an interim measure in the manner that interim measures have been adopted and used in the creation of local government units and the adjustments of sub-provinces to the status of provinces. These measures, too, are used in light of the wider national demand for the synchronization of elections (considered vis-à-vis the regional interests involved). The adoption of these measures, in other words, is no different from the exercise by Congress of the inherent police power of the State, where one of the essential tests is the reasonableness of the interim measure taken in light of the given circumstances.
Furthermore, the "representative" character of the chosen leaders need not necessarily be affected by the appointment of OICs as this requirement is really a function of the appointment process; only the "elective" aspect shall be supplanted by the appointment of OICs. In this regard, RA 10153 significantly seeks to address concerns arising from the appointments by providing, under Sections 3, 4 and 5 of the assailed law, concrete terms in the Appointment of OIC, the Manner and Procedure of Appointing OICs, and their Qualifications. Datu Michael Abas Kida, etc., et al. vs. Senate of the Philippines, etc., et al./Basari D. Mapupuno vs. Sixto Brillantes, etc., et al./Rep. Edcel C. Lagman vs. Paquito N. Ochoa, Jr., etc., et al./Almarin Centi Tillah, et al. vs. The Commission on Elections, etc., et al./Atty. Romulo B. Macalintal vs. Commission on Elections, et al./Luis "Barok" Biraogo vs. The Commission on Elections, et al./Jacinto V. Paras vs. Executive Secretary, et al., G.R. No. 196271/G.R. No. 196305/G.R. No. 197221/G.R. No. 197280/G.R. No. 197282/G.R. No. 197392/G.R. No. 197454. October 18, 2011.
Ombudsman; power to grant immunity. In this case, petitioner argues that by excluding the respondents in the information, the Ombudsman is engaged in "selective prosecution" which is a clear case of grave abuse of discretion. He claims that before the Ombudsman may avail of the respondents as state witnesses, they must be included first in the information filed with the court. Thereafter, the Ombudsman can ask the court for their discharge so that they can be used as state witnesses under the conditions laid down in Section 17, Rule 119 of the Rules of Court. The Supreme Court held petitioner's claim to be erroneous. The Ombudsman has the power to grant immunity by itself and even prior to the filing of information in court. RA No. 6770 fully recognizes this prosecutory prerogative by empowering the Ombudsman to grant immunity, subject to "such terms and conditions" as he may determine. The only textual limitation imposed by law on this authority is the need to take "into account the pertinent provisions of the Rules of Court," – i.e., Section 17, Rule 119 of the Rules of Court. The rule under RA No. 6770 clarifies that in cases already filed with the courts, the prosecution merely makes a proposal and initiates the process of granting immunity to an accused-witness in order to use him as a witness against his co-accused. If there is any distinction at all between the public prosecutor and the Ombudsman in this endeavor, it is in the specificity of and the higher priority given by law to the Ombudsman's purpose and objective. This accounts for the Ombudsman's unique power to grant immunity by itself and even prior to the filing of information in court, a power that the public prosecutor himself generally does not enjoy. Thus, there was no grave abuse of discretion in this case. Erdito Quarto vs. The Hon. Ombudsman Simeon Marcelo, et al., G.R. No. 169042. October 5, 2011.
Police power; zoning. Congress expressly granted the city government, through the city council, police power by virtue of Section 12(oo) of Republic Act No. 537, or the Revised Charter of Quezon City. With regard to the power of local government units to issue zoning ordinances, jurisprudence has recognized that the government may enact legislation that may interfere with personal liberty, property, lawful businesses and occupations to promote the general welfare. However, the interference must be reasonable and not arbitrary. Based on the foregoing, the power to establish zones for industrial, commercial and residential uses is derived from the police power itself and is exercised for the protection and benefit of the residents of a locality. In this case, it is clear that the primary objectives of the city council of Quezon City when it issued the questioned ordinance ordering the construction of arcades were the health and safety of the city and its inhabitants; the promotion of their prosperity; and the improvement of their morals, peace, good order, comfort, and the convenience. These arcades provide safe and convenient passage along the sidewalk for commuters and pedestrians, not just the residents of Quezon City. More especially so because the contested portion of the building is located on a busy segment of the city, in a business zone along EDSA. Consequently, the enactment of the ordinance in this case is within the power of the Sangguniang Panlungsod of Quezon City and any resulting burden on those affected cannot be said to be unjust. Emilio Gancayco vs. Cito Government of Quezon City and Metro Manila Development Authority/Metro Manila Development Authority vs. Justice Emilio A. Gancayco (Retired), G.R. No. 177807/G.R. No. 177933. October 11, 2011.
Right to privacy; unreasonable search and seizure. This case involves a search of office computer assigned to a government employee who was charged administratively and eventually dismissed from the service. The employee's personal files stored in the computer were used by the government employer as evidence of misconduct. Petitioner questions the legality of the search conducted on his office computer and the copying of his personal files without his knowledge and consent. He said this search violated his constitutional right to privacy. The right to privacy is a facet of the right protected by the guarantee against unreasonable search and seizure under Section 2, Article III of the 1987 Constitution.
Relying on US jurisprudence, the Court noted that the existence of privacy right involves a two-fold requirement: first, that a person has exhibited an actual (subjective) expectation of privacy; and second, that the expectation be one that society is prepared to recognize as reasonable (objective). Once the right is established, the next inquiry is whether the search alleged to have violated such right was reasonable. This proceeds from the principle that the constitutional guarantee under Section 2, Article III, is not a prohibition of all searches and seizures but only of unreasonable searches and seizures.
In the case of searches conducted by a public employer, the court needs to balance the invasion of the employees' legitimate expectations of privacy against the government's need for supervision, control, and the efficient operation of the workplace. A public employer's intrusions on the constitutionally protected privacy interests of government employees for non-investigatory, work-related purposes, as well as for investigations of work-related misconduct, should be judged by the standard of reasonableness under all the circumstances. Under this reasonableness standard, both the inception and the scope of the intrusion must be reasonable. Ordinarily, a search of an employee's office by a supervisor will be "justified at its inception" when there are reasonable grounds for suspecting that the search will turn up evidence that the employee is guilty of work-related misconduct, or that the search is necessary for a non-investigatory work-related purpose. The search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the nature of the misconduct.
Applying the above standards and principles, the Court then addressed the following issues: (1) Did petitioner have a reasonable expectation of privacy in his office and computer files?; and (2) Was the search authorized by the respondent Civil Service Commission Chair, the copying of the contents of the hard drive on petitioner's computer, reasonable in its inception and scope? Here, the relevant surrounding circumstances to consider include: (1) the employee's relationship to the item seized; (2) whether the item was in the immediate control of the employee when it was seized; and (3) whether the employee took actions to maintain his privacy in the item.
The Court answered the first issue in the negative. Petitioner failed to prove that he had an actual (subjective) expectation of privacy either in his office or government-issued computer which contained his personal files. Petitioner did not allege that he had a separate enclosed office which he did not share with anyone, or that his office was always locked and not open to other employees or visitors. Neither did he allege that he used passwords or adopted any means to prevent other employees from accessing his computer files. On the contrary, he submits that being in the public assistance office of the CSC, he normally would have visitors in his office. Even assuming that petitioner had at least a subjective expectation of privacy in his computer as he claims, the same is negated by the presence of policy regulating the use of office computers. The CSC had implemented a policy that puts its employees on notice that they have no expectation of privacy in anything they create, store, send or receive on the office computers. Under this policy, the CSC may monitor the use of the computer resources using both automated or human means. This implies that on-the-spot inspections may be done to ensure that computer resources were used only for legitimate business purposes.
On the second issue, the Court answered in the affirmative. The search of petitioner's computer files was conducted in connection with an investigation of work-related misconduct. Under the facts obtaining, the Court held that the search conducted on petitioner's computer was justified at its inception and in scope. Briccio "Ricky" A. Pollo vs. Chairperson Karina Constantino-David, et al., G.R. No. 181881. October 18, 2011.
Administrative Law
Administrative agencies; due process. Procedural due process is the constitutional standard demanding that notice and an opportunity to be heard be given before judgment is rendered. As long as a party is given the opportunity to defend his interests in due course, he would have no reason to complain; the essence of due process is in the opportunity to be heard. A formal or trial-type hearing is not always necessary. In this case, while the petitioner did not participate in the August 17, 2006 pre-hearing conference (despite receipt on August 14, 2006 of a fax copy of the August 11, 2006 order) conducted by the GSIS, GSIS President and General Manager Winston Garcia's decision of February 21, 2007 duly considered and discussed the defenses raised in the pleadings filed by petitioner's counsel. Furthermore, what negates any due process infirmity is the petitioner's subsequent motion for reconsideration which cured whatever defect the Hearing Officer might have committed in the course of hearing the petitioner's case. Again, Garcia duly considered the arguments presented in the petitioner's motion for reconsideration when he rendered the June 6, 2007 resolution. Thus, the petitioner was actually heard through his pleadings. Monico K. Imperial, Jr. vs. Government Service Insurance System, G.R. No. 191224. October 4, 2011.
Administrative agencies; findings of facts. In this case, petitioner was found to have committed the acts complained of, i.e., he approved the requests for salary loans of eight GSIS Naga Field Office employees who lacked the necessary contribution requirements under PPG No. 153-99. However, the Supreme Court disagreed with the findings of the GSIS, the CSC and the CA that the petitioner's acts constituted grave misconduct. While great respect is accorded to the factual findings of administrative agencies, the Supreme Court did not characterize the offense committed as grave. No substantial evidence was adduced to support the elements of "corruption," "clear intent to violate the law" or "flagrant disregard of established rule" that must be present to characterize the misconduct as grave. Under the circumstances of this case, the Supreme Court did not see the type of open defiance and disregard of GSIS rules that the CSC observed. In fact, the CSC's findings on the petitioner's actions prior to the approval of the loans negate the presence of any intent on the petitioner's part to deliberately defy the policy of the GSIS. First, GSIS branch managers have been granted in the past the authority to approve loan applications beyond the prescribed requirements of GSIS; second, there was a customary lenient practice in the approval of loans exercised by some branch managers notwithstanding the existing GSIS policy; and third, the petitioner first sought the approval of his immediate supervisor before acting on the loan applications. These circumstances run counter to the characteristic flagrant disregard of the rules that grave misconduct requires. Thus, the his liability under the given facts was found to constitute as simple misconduct only. Monico K. Imperial, Jr. vs. Government Service Insurance System, G.R. No. 191224. October 4, 2011.
Administrative proceedings; due process. Due process in administrative proceedings requires compliance with the following cardinal principles: (1) the respondents' right to a hearing, which includes the right to present one's case and submit supporting evidence, must be observed; (2) the tribunal must consider the evidence presented; (3) the decision must have some basis to support itself; (4) there must be substantial evidence; (5) the decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected; (6) in arriving at a decision, the tribunal must have acted on its own consideration of the law and the facts of the controversy and must not have simply accepted the views of a subordinate; and (7) the decision must be rendered in such manner that respondents would know the reasons for it and the various issues involved. In the present case, the fifth requirement was not complied with. Reyes was not properly apprised of the evidence offered against him, which were eventually made the bases of petitioner's decision that found him guilty of grave misconduct. The fact that Reyes was able to assail the adverse decision of the petitioner via a Motion for Reconsideration Cum Motion to Set the Case for Preliminary Conference did not cure the violation of his right to due process in this case. Reyes filed the said motion precisely to raise the issue of the violation of his right to due process. As it were, petitioner rendered its Decision dated September 24, 2001 on the basis of evidence that were not disclosed to Reyes. Thus, it cannot be said that Reyes had a fair opportunity to squarely and intelligently answer the accusations therein or to offer any rebuttal evidence thereto. Office of the Ombudsman vs. Antonio T. Reyes, G.R. No. 170512. October 5, 2011.
Government contract; lack of appropriation. Petitioner DPWH argues that the contracts with respondents were void for not complying with Sections 85 and 86 of Presidential Decree 1445, or the Government Auditing Code of the Philippines, as amended by Executive Order No. 292. These sections require an appropriation for the contracts and a certification by the chief accountant of the agency or by the head of its accounting unit as to the availability of funds. In this case, there was an appropriation amounting to Php400 million, which was increased to Php700 million. The funding was for the rehabilitation of the areas devastated and affected by the eruption of Mt. Pinatubo, which included the Sacobia-Bamban-Parua River for which some of the channeling, desilting and diking works were rendered by respondents' construction companies. It was, however, undisputed that there was no certification from the chief accountant of DPWH regarding the availability of funds for the disputed expenditure. In spite of the lack of certification, however, the Supreme Court held that jurisprudence has consistently recognized the rule that payment for services done on account of the government, but based on a void contract, cannot be avoided. The contract in this case was not illegal per se. Department of Public Works and Highways vs. Ronald E. Quiwa, doing under the name "R.E.Q. Construction," et al., G.R. No. 183444. October 12, 2011.
Government construction contracts; price escalation. The issue here is whether Presidential Decree 1594 requires the contractor to prove that the price increase of construction materials was due to the direct acts of the government before a price escalation is granted in a construction contract. Petitioner argues that Section 8 of PD 1594 requires the following conditions before an adjustment of the contract price may be made: (i) there was an increase or a decrease in the cost of labor, equipment, materials and supplies for construction; and (ii) the increase or decrease is due to the direct acts of the government. Petitioner stresses that respondent failed to show the existence of these conditions. The Court disagreed. The contractor does not need to prove that the increase in construction cost was due to the direct acts of the government. PD 454, which was enacted prior to PD 1594, provides (in relation to adjustment of contract price for public works projects) that "increase of prices of gasoline and other fuel oils and of cement shall be considered direct acts of the Government." Consequently, when PD 1594 reproduced the phrase "direct acts of the government" without supplying a contrary or different definition, the definition and coverage provided by the earlier enacted PD 454 were deemed adopted by the later decree. Thus, proof of increase in fuel or cement price during the contract period is enough to justify a claim for price escalation based on such increase. Philippine Economic zone Authority vs. Green Asia Construction & Development Corporation, etc., G.R. No. 188866. October 19, 2011.
MMDA; power to demolish. MMDA alleges that by virtue of MMDA Resolution No. 02-28, Series of 2002, it is empowered to demolish Justice Gancayco's property. It further alleges that it demolished the property pursuant to the Building Code in relation to Ordinance No. 2904, as amended. However, the Supreme Court held that the power to enforce the provisions of the Building Code was lodged in the Department of Public Works and Highways, not in MMDA. Since there was no evidence that the MMDA had been delegated by the DPWH to implement the Building Code, it necessarily had no authority to carry out the demolition. Additionally, the penalty prescribed by Ordinance No. 2904 itself does not include the demolition of illegally constructed buildings in case of violations. Instead, it merely prescribes a punishment of a fine or by imprisonment, or both, at the discretion of the court. The ordinance itself clearly states that it is the regular courts that will determine whether there was a violation of the ordinance. Emilio Gancayco vs. Cito Government of Quezon City and Metro Manila Development Authority/Metro Manila Development Authority vs. Justice Emilio A. Gancayco (Retired), G.R. No. 177807/G.R. No. 177933. October 11, 2011.
Election Law
Election protest; failure to file preliminary conference brief. In exercising its powers and jurisdiction, as defined by its mandate to protect the integrity of elections, the COMELEC "must not be straitjacketed by procedural rules in resolving election disputes." Here, notwithstanding the fact that petitioner's motion for reconsideration was not verified, the COMELEC should have considered the merits of the said motion in light of petitioner's meritorious claim that he was not given timely notice of the date set for the preliminary conference. The essence of due process is to be afforded a reasonable opportunity to be heard and to submit any evidence in support of one's claim or defense. It is the denial of this opportunity that constitutes violation of due process of law. Procedural due process demands prior notice and hearing. The fact that petitioner somehow acquired knowledge or information of the date set for the preliminary conference by means other than the official notice sent by the COMELEC is not an excuse to dismiss his protest, because it cannot be denied that he was not afforded reasonable notice and time to adequately prepare for and submit his brief. This is precisely the reason why petitioner was only able to file his Preliminary Conference Brief on the day of the conference itself. Hence, by denying petitioner's motion for reconsideration, without taking into consideration the violation of his right to procedural due process, the COMELEC also guilty of grave abuse of discretion. Salvador D. Violago, Sr. vs. Commission on Elections and Joan V. Alarilla, G.R. No. 194143. October 4, 2011.
Public Officers
Public officers; dishonesty. Good faith is ordinarily used to describe that state of mind denoting honesty of intention and freedom from knowledge of circumstances which ought to put the holder upon inquiry. In other words, good faith is actually a question of intention. Although this is something internal, one can ascertain a person's intention not from his own protestation of good faith, which is self-serving, but from evidence of his conduct and outward acts. In this case, the facts and circumstances surrounding petitioner's acquisition of the Certificate of Eligibility cast serious doubts on his good faith. He made a deal with a retired CSC official and accepted the Certificate of Eligibility from the latter's representative. These circumstances reveal petitioner's knowledge that the CSC official could have pulled strings in order to obtain his Certificate of Eligibility and have it delivered to his residence. Besides, whether some CSC personnel should be held administratively liable for falsifying petitioner's Certificate of Eligibility is beside the point. The fact that someone else falsified the certificate will not excuse him for knowingly using the same for his career advancement. Thus, the Supreme Court held that that the CA did not err in affirming the penalty of dismissal and all its accessory penalties imposed by the CSC. Cesar S. Dumduma vs. Civil Service Commission, G.R. No. 182606. October 4, 2011.
(Teng thanks Charmaine Rose K. Haw for assisting in the preparation of this post.)


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Thursday, July 21, 2016
Teeth are very sharp on Polar Bears, and they use them too as weapons in these battles. As a result these teeth can be damaged or knocked out. After many such battles it can become extremely hard for Polar Bears to continue eating their diet as they are carnivores. This too can result in them eventually starving to death as well.
This is why you will find that they stay in very large groups. Most of the time these land animals won't attack unless they can get a seal alone. However, if they are hungry enough they will advance and do what they can as an instinct of survival.
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Many of us know all those little dodges to trick the scale at this time of the week when we want to check if the last binging or the hard work are showing in numbers. Going through that myself i was inspired to make this pose set as soon as i saw this lovely (only 2 prim) scale in SL.
6 fun poses to change the magic number the scale shows you like stretching far up, making yourself small, removing one leg from the scale and balancing your body to become lighter.. Of course as well as a "oh my" shock and a "Wohoo" victory pose 🙂
The set comes with a blue, a pink and a white scale, each of them including the 6 poses.
Hope you will enjoy 🙂
Come and get it at *~*HopScotch*~*
Also used in the pictures:
Skin: Mockskin Melanie (Chandni Make-up)
Hair: Truth – Milla
Tattoo: I ❤ Rien – Natural Girl
Panties: Ema's Secret – old Group gift
Top: Dutch Touch – old Group gift


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Not known Details About flower shop in bangkokWould you prefer to send flowers to Roses-bangkok, employing online florists? Then you definitely've arrive at the ideal flower shop! Monday to Saturday we will take orders for flowers, chocolates, wine, balloons and teddies as a result of our online flower shop for subsequent working day flower delivery to Roses-bangkok. Our online flower shop sends flowers to Roses-bangkok for every celebration.
FB5963 ... 12 inch pair teddy bears and 9 red roses in a basket. Teddy bears are available in a darkish brown and a light brown to serve all events and uses for the female and male who is the best at all the things she or he does...
If you must utilize them for a few causes, be sure to Get hold of me at my electronic mail. Usually do not Clear away my watermark without having my permission. The photos will not be used for small business or commercial functions without the need of my approval. Thanks to your knowing! :)
Oh well, sign language is available in handy in these types of circumstances. Just position to what you wish and cross your fingers she gets it proper! forty baht a bowl, I cautiously included condiments and introduced it to search out my family to join them.
Good hotel, looked like five star hotel but the furnishing pretty outdated. Stability is superb but the location will not be really around to BTS, somewhat off the most crucial Sukhumvit street with food items stalls and massage shops by the roadside.
Rooms extremely claen, the Resort by itself an awsome Show of class and style. Site close to ferry and Road markets. Best element: the breakfast. A buffet that leaves no nutrituous dreams unfulfilled ! I can not praise it really adequate !
place is superb, bordering practical shops make the put just ideal, personnel is rather well mannered and helpfull
Perhaps the ideal element was it's place, only a short 3 minute stroll to your Skytrain. We were being in the position to relax in the resort for a vacation resort & then simply just capture a educate to anywhere in Bangkok.
Wow lovely photos, really such as this put up - can study lots discover this info here of delectable Thai Avenue food stuff which i never ever understood about.
It absolutely was a huge strike of sourness, spiciness and sweetness that makes this noodle so attractive. Individuals alienated sorts of pork balls and fish cakes had been also astonishingly scrumptious. Liked the nutty peanuts while in the noodles while hints of pungent fish sauce make the noodles distinctively Thai!
Roses-bangkok Florists Our Roses-bangkok florists have preparations for flowers delivery to anywhere in Roses-bangkok. This helps make certain which the floral market has a large Restrict. The florists in Roses-bangkok have a lot of flowers and floral preparations prepared online. The samples in the floral layouts are outlined inside our Web page as well as their personal costs.
Even now early and Thais are already witnessed enjoying rice! This Woman was found Carefully slicing up pieces of meat and distributing it Similarly on to packets of rice topped with a very delectable piece of crispy edge fried egg.
It definitely didn't replicate the richness and excitment of Thai cuisine which we send flowers to bangkok adore. The breakfast, afternoon tea and canapes were great nevertheless. The Shangri-la locale is astounding...wonderful views above the river with simple acess to h2o taxis on one particular side....and a lovely space brimming with gem shops and good foodstuff stalls on another. The Shangri-la deserves It is really status as one of many worlds finest inns. Just about every community Area as been made wonderful with excellent consideration to detail and each request we made to your personnel member was satisfied with grace and patience. It absolutely was a handle at the end of rather a active holiday break travelling all over Thailand and Vietnam Therefore the charm and luxery ended up very much appreciated.
Photograph taken at 7am and consumers are just shopping like no one's enterprise! It seemed that everybody is out to seize the top and bargains are haggled ferociously but with respect. Women and perhaps Males are seen to generally be grabbing big baggage of goods and dragging them simply everywhere.


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Many different extensions can be undertaken- just get in touch!
Wayne has recently completed a bedroom and bathroom extension for us. He has done a fantastic job! We are more than pleased with the quality of workmanship. He is a true professional and Master of many trades. A one stop shop! Wayne always went that extra mile to please. We have no hesitation in recommending Wayne (contact details available).


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So You Think he is a miler
How long does it take an Irishman to work out a horse's optimum distance? It is not a joke, it is champion Irish trainer Aidan O'Brien's drawn out assessment of So You Think. It appears the dual Cox Plate winner's...Read More
So You Think Obliterates Opposition In Second European Start
So You Think has continued to dominate his European competitors, winning the Group 1 Tattersalls Gold Cup by an incredible four and a half lengths at The Curragh on Sunday. The five-year-old So You Think has now won both of his...Read More
So You Think Faces Just Four Rivals In Tattersalls Gold Cup
So You Think will be contested by a small field of four opponents when he runs in the Group 1 Tattersalls Gold Cup at The Curragh tomorrow. The five-year-old's spectacular ten length win in in the Group 3 Mooresbridge Stakes...Read More


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Monday, 15 November 2010
Stupid Medicos
On Monday poor Dobby had another severe attack of the stomach pains she has been experiencing. Plus, she had the added bonus of period pains. Poor lamb. On Tuesday, she still had some pain so I made her a doctors appointment for Thursday.
Tuesday afternoon saw me up at the plastic surgeon having yet another skin cancer removed. That's four now. Wonderful!
Dobby had guitar on Wednesday as normal. Thursday after work I took her up to the doctor. She saw the little Malaysian fellow, is really nice and very cheerful. He couldn't find anything as by then the pain had abated for the most part.
He wrote us a letter to take up to the hospital and suggested that next time she had an attack we take her to the Emergency Ward and they will give her a thorough check up.
Anyway, Friday was netball. And it rained. Again. They played pretty bad but fortunately so did the other team, so we still won. During the game Dobby complained of feeling sick and was totally off her game. By the end of it she was in a great deal of pain again.
We asked did she want us to take her up to the hospital. She was scared to go because one of the tests the doctor told her they would do is put a camera into her stomach to see what was going on. No way she wanted that. I assured her that would be a last resort thing.
Finally, the pain got the better of her and she agreed to go. I didn't give her any painkillers in case they gave her something.
After a shower and change of clothes, we got to the hospital just after 10.30pm. Poor Fluffy had been up since 5.15am. We waited. And waited. Actually, it wasn't that bad. We got seen just after 1.00am.
By this time the pain had all but abated. Fluffy napped in the waiting room while I took Dobby in. Dobby was given a vial and told to go pee. An Indian doctor came to see us. He was so soft spoken with all the voices outside the cubicle I was hard pressed to hear him. Dobby didn't even try. She just looked at me to interpret what he was asking her.
He prodded her belly, asked her about 5 questions, then left us alone for half an hour.
Eventually he came back, said he had consulted his superior and as the scan she had back in August didn't show anything, they couldn't find anything wrong. Go home and take a panadol.
WHAT???? Friggin hell! Poor Dobby was devastated. She was in tears, cause the pain came back and she still had no answers. How could it be nothing?
Anyway, we took her home and were finally in bed around 2.00am.
Saturday we were going to go to Monarto Zoo but with the late night, an early morning was out of the question. I was up at 7.00 because the cat decided to keep sharpening his claws on the carpet outside the bedroom. I left the others to sleep in.
I think Fluffy emerged around 8.30 and Dobby I woke up at 9.40. We decided instead to wander out to Westlakes for a look around.
We did a little shopping, had lunch, then came home. Fluffy fell asleep in front of the TV in the bedroom, and I actually dozed off in the lounge. Well, not quite, but you know when you can still hear what's going on around you but you are zoned out? Dobby even got up to cover me with a blanket, bless her.
Sunday Fluffy went to work, and Dobby and I did some housework. Sheets, floors, ironing. Then we had to do a grocery shop, put that away, baked cupcakes, iced those, put a roast chicken in the oven, got the laundry in, vacuumed... I finally sat down after Fluffy came home about 4.00.
Dinner was lovely and I was sure glad to go to bed last night. We were all sitting in the lounge again, though, watching a show on SBS called Manson. Dobby was supposed to go to bed but shifting her is like prying glue off a sidewalk and I was really too tired to argue. The show was very good and I admit we were all enthralled.
About half way through Dobby says "I feel sick". I told her it may have been because they just showed actually crime schene photos (although in black and white). No, she insisted, I have watched heaps of those crime shows and they don't make me sick. This has been building for a while.
Okay. So we organised an icecream container for her to take to bed after the show. But I suggested that she go see if she could throw up in the loo first. I hung around the kitchen and could hear lots of long, deep burping. I wandered back into the bedroom where Fluffy had gone to bed and sat chatting to him. He suggested she had wind, from drinking a couple of cans of softdrink.
Personally I suspect it's a combination of all the rubbish she eats while we are at work of an afternoon, and a disruptive digestive system.
Anyway, I went back to check on Dobby, and she comes up with "I think I have wind..." Duh, really? Haha.
Anyway, burping seemed to take away the urge to be sick, but she still felt very nauseous. I offered a painkiller but she is always loathe to take anything. So I turned off her light and went to bed.
Personally, I had a bad night. I just couldn't seem to get down into that deep sleep and everything disturbed me. Aaah, well, at least we had a minor sleep in today (Monday). Fluffy had to go to a conference in the city so didn't need to get up at 5.15. When I woke up at 6.10 I felt like I hadn't been to sleep.
Hopefully this week will be better....
7 comments:
- Butterfly Kissez said...
Poor Dobby...could she have IBS or something? My hubby's niece was diagnosed last year and she had awful pains until diagnosed. She still does on occasion although the medication helps and change of diet. I went through that as a teen too but grew out of the pains and nausea. Doctor at the time reckoned it was growing pains? Hope she gets some relief soon
- 15 November 2010 at 2:11 pm
- Butterfly Kissez said...
Oh and the other thing I picked up...how could they check a scan from a few months ago and say well there was nothing there then so there's nothing there now? Honestly some doctors are not too bright...
- 15 November 2010 at 2:13 pm
love wally
- 15 November 2010 at 5:23 pm
- SOL's view said...
I'm wondering if she has some sort of gastric problem too! Something like reflux or similar even.
Mine was around the solar plexus area, terrible pain like I has having heart trouble, tight and heavy. Then lots and lots of burping and it would eventually ease off. Now I'm on a low dose medication and it has certainly helped!
Or yes, even IBS.
It's rare to get a doctor who actually takes the time to find out what's going on...
- 15 November 2010 at 5:47 pm
- JoeinVegas said...
I had stomach problems, and did end up having a camera down the throat. She might have to go for that, as sometimes it's the only way to see things.
And you did cupcakes too? Was this cupcake weekend down under?
- 16 November 2010 at 9:39 am
- Chris H said...
Poor Dobby, I hope whatever is causing her pain can be found and fixed!
- 16 November 2010 at 3:40 pm
- Chris H said...
Yes, that is Griffin's room now! I am constantly moving things around!
- 18 November 2010 at 6:36 pm


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World's Largest River Restoration Project Begins
The removal of two dams on the Elwha River will help restore once abundant salmon runs.
David Biello
Ninety-eight years ago, engineers tamed Washington State's Elwha River. Dams provided electricity, at the expense of runs of five types of Pacific salmon. But the fish should soon be back.
The two dams on the Elwha are coming down, part of the largest river restoration project ever undertaken in the world and a pointed contrast to the burgeoning number of dams being built around the world. Among other highlights will be the removal of the 21-story tall Glines Canyon Dam—the tallest dam ever taken down.


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2 High School Sweethearts
32 oz Whiskey (cheap)
! 1/2 Cup of Infidelity
2 Cups Insecurity
1 Stick, Hard Truths
3 oz Quiet Desperation
185 lbs Unused Potential
155 lbs Peaked Too Soon
Dash of Jealousy
Sprinkle Success
Preheat the room with tense conversation about menial annoyances. Ask why you have to invite people over every weekend. Ask about the car payments. Ask about what the doctors had to say. Ask why you don't get intimate anymore.
Pour the both of you two generous glasses of cheap whiskey. Deflect questions about the expensive bottle their mother gave you for Christmas. Deflect questions about the messages on your phone by asking why they are looking at your phone.
Act shocked at the revelation of their infidelity.
Throw your own infidelity in their face. Ask them when theirs started. Tell them yours was going longer. Tell them you don't regret it.
Scream about the fact that they never loved you. Ignore them screaming the same thing.
Hurl accusations about their lack of substantial employment. Reel from accusations hurled at you about the ceiling you've reached.
Stew in silence for a few minutes. Pour more whiskey into your thirsty glasses. Stare at your hands, the clock, the bottle of whiskey- nearly empty now.
Look at them.
Know that this is the end.
Realize that you've known for some time.