text:
In this tutorial we look at a 6.5 essay.
You will learn why
- It would get a 6.5
- What its strengths are
- What its weaknesses are
- What kinds of decisions an examiner makes when looking at an essay.
You will also learn what kinds of scores on your writing will result in a 6.5.
The essay is broken down for you sentence by sentence so you can understand how an essay that seems really strong in the beginning may actually not earn the high score you might think it deserves.
Problems with imprecise vocabulary, inaccurate and repetitive grammar and an inconsistent position are examined.
If you are worried about your essays, you should get feedback on what you are writing. This way you identify your errors and improve faster. Here is a link to our popular essay correction service.
Here is the video where you can see the essay as it is being explained and analysed.
Here is the full transcript:
Ben: Hello there, IELTS students. Welcome to IELTS podcast. You no longer have to worry, fret or panic about IELTS because we are here to guide you through this test jungle. Enjoy these IELTS tutorials and if you need more help or want to access the famous online course, you can visit us at ieltspodcast.com.
Ellen: Hi, everybody and welcome to another episode of ieltspodcast.com. This is Ellen and today, I want to give you some examples of 6.5 writing. Clearly, this is something that keeps coming up over and over and over again with lots of very frustrated test-takers wondering why they are stuck at a 6.5 and really just trying to understand what a 6.5 is.
A 6.5 is probably the most frustrating score that somebody can get in IELTS writing and there are a number of reasons for that. The thing is that for someone to get a 6.5 in writing, there are a whole host of scores that you could have gotten in your Task 1 and your Task 2 that would give you a 6.5.
What do I mean? I mean that writing, as with speaking, is a test where your score for that portion of the test itself is rounded down. I'm pretty sure I've talked about this in other podcasts that I've done as well. So, your score is rounded down. What does that mean for you?
That means that if you get 7s for all of your Task 2, okay? So, you get four 7s across the board and you get three 7s for Task 1, but you get one 6, then what that means is that even if you do the math on that score, they're not going to round you up to a band 7. What they'll do is they'll round you down to the nearest 0.5 score, which obviously is 6.5. Frustrating? Yes. Unfair? Perhaps, but it's frustrating and it's a position that a lot of people are in.
So, the reason why I want to talk about this issue first, is for you to understand how close you can get to getting a 7, but just that one 6 will destroy your score and give you that hated 6.5, okay? On the other hand, it's also possible that you could get two 7s and two 6s in one of your writing assignments or in both of your writing assignments and that too will get you a 6.5.
So, I understand that a lot of test-takers are really frustrated with this and I don't disagree with them that 6.5, like I said really covers a wide range of scores in fact. So, I realize how frustrating it is. Now, what I have chosen to show you today is an essay from an old student of mine who was stuck at 6.5 just like a lot of you are and she was very frustrated. She's a doctor and she wanted to go work in the UK and she needed very much that that 7 across the board. Unfortunately, through repeated efforts she kept getting a 6.5.
So, what I've chosen to do is talk to you and read to you her essay. Hopefully, we'll have enough time in this podcast so I can show you one of her Task 1s as well, but let's see how it goes. For now, we're going to start with one of her Task 2s and we'll talk about what an examiner is looking for in this essay and why an examiner might in fact give it a 6.5, okay? So, here we go.
Looking first at the topic, the topic is: Some people believe that everyone can create art i.e. paintings, music, poetry while others believe only people with special talent can create art. Discuss both views and give your opinion.
Okay. So, this is a pretty common type of essay; the discuss both views and give your opinion. I think at this point a lot of people following the podcast series know what they need to do. That they need to obviously discuss both viewpoints one in each paragraph, but they also have to make sure that they give their opinion. I've said that over and over again.
You absolutely need to give your opinion. The best place to do that is in your introductory paragraph. In this way, you guarantee that your position is clear throughout the essay where throughout clearly means from the beginning to the end, okay? So, that's one thing you have to bear in mind if you're looking for that much needed 7.
So, here is what our student said. Undoubtedly, art is an expression of our feelings that is to say everyone can create a painting, music, or poetry or not. It is true that some people believe that only when owning an exceptional talent can someone create art while others insist that art belongs to anyone. The fact is that I am personally inclined to believe that special art can only be provided by talented artists.
Okay. So, the good news is that the test-taker here has clearly rephrased the topic. That's great. That's important to do, okay? And she has also laid out her position. So, okay, great beginning, right? Well, yes, but what has an examiner seen that may make him or her go hmm let's see?
Well, there is some strangeness to some of the expressions. For example, in that second sentence the test-taker wrote that is to say, which is a nice expression. She wrote everyone can create a painting, music, or poetry– and then there's a semicolon here and she says or not. So, this or not feels really unnatural.
Maybe it's something that makes a lot of sense in her native language, but in English, we just would never do something like this. There are other ways to kind of express this contrast. So, an examiner looking at this is thinking not really the greatest most natural kind of expression here.
So, what could she have said instead? She could have said that is to say perhaps everyone can create a painting, music, or poetry or perhaps they cannot. So, maybe this would have made a little more sense here, okay?
And the next sentence, she had some word choices which just felt wrong. So, she wrote it is true that some people believe that only when owning an exceptional talent– This is the wrong word. She was close, but she missed it.
The word she was looking for was actually possess because you possess a talent, which is very similar, obviously, in meaning to owning, but it's just the wrong word to write owning, okay? It doesn't make a collocation. You don't say owning a talent. So, this too is something an examiner is looking for and thinking oh, she's close, but it's not precise.
Okay and then this too is also wrong. I don't believe she meant anyone here. What she meant is everyone. So, art belongs to everyone. That's what the expression should sound like rather than anyone, which as we know is usually used either in negative sentences or in questions. So, the anyone here is wrong. It should be everyone.
And then the last sentence, she says the fact is there's very– not great punctuation here because she needed some commas as well, which is not helping her because the commas– some people go overboard with commas. She didn't do enough, so the reader doesn't know when to pause, okay? So, there is some confusion here. The fact is that I am inclined to believe that special art can only be– you don't provide art, okay? Again, it's an issue of collocation.
So, she's showing us in this short paragraph– it's only five lines long– that there are a few areas where her expression is not precise. She's using some wrong word choices because you don't provide art. Art is not provided by talented artists. It is created. It is produced by talented artists, but it's not provided, okay?
So, we're definitely having a problem here with vocabulary. That's what it looks like and that's definitely something an examiner is going to think about. The examiner is going to say okay well, a lot of this is great. The grammar, the structure, the content is wonderful, but some of the vocabulary is just a little off.
So, let's look at her next– her first body paragraph rather. Okay. On the one hand, there are those who believe that art is whenever wherever. So, not only do toddlers can manage drawings, but elders as well. In that case, everyone can manage to fill in a page with colors and figures without special qualification or innate talent.
What is more, imagination has no limits. Therefore, music can be written with no hesitation or expectation for exhilarating tunes. Lay persons relish the idea of producing a tune without any special talent by using patterns and techniques from older musicians.
Okay. So, some advanced language, right? Some nice grammar. It sounds like she covered the topic, right? Well, at first glance, yes. Maybe that's what you're thinking, but the examiner is going to be looking at this in a different way and thinking well, what has she really answered? What has she really told us? And they're going to look at it a little more in depth.
So, let's see here. In that first sentence, she says on the hand. Now obviously, this is wrong. It's on the one hand. That's a set expression. In fact, not only is it a set expression but it's a pretty basic expression that we use as soon as we learn how to write argumentative essays. So, the fact that she gets this wrong is not going to be in her favor. If you're aiming for one of those bands 7 or higher, the examiner is assuming that you know how to use this and you know how to use it really quite accurately. So, the fact that she doesn't use it accurately is going to be a strike against her, okay?
Then she says there are those who believe that art is whenever wherever. We would possibly say this. It doesn't feel terribly academic. So, she probably could have said something that was a little more precise, a little more academic-sounding. This sounds like something that really belongs in a speaking test, not so much an essay, okay?
And then so, not only do toddlers can manage drawings but elders as well. This is a sentence with numerous problems. First of all, it has grammatical problems. She's trying to use an advanced structure, which is called inversion and that's lovely, but she doesn't do it right. She does it inaccurately. It should be not only can toddlers manage drawings–
And then the word elders is wrong. A lot of people like to try to use the word elder, but it's very, very frequently used incorrectly. In fact, I would have to say that in my years of involvement with IELTS, I think people use the word elder incorrectly more than they do correctly. So, that probably should have been avoided.
In fact, I'm not really sure what she's trying to say. Is she trying to say adults? Is she trying to say elderly? I'm not really sure. So, you can see that not only is it a vocabulary problem but it's also a coherence problem because we now don't know who she's talking about, okay? So, it's a sentence really with a lot of problems.
And then the next sentence reads in that case, everyone can manage to fill in a page with colors and figures without special qualification or innate talent. Okay, I don't think she meant fill in a page. That's not an accurate expression. I think she's trying to use a phrasal verb here, but first of all, you don't want to really use many phrasal verbs or any sort of like idiomatic expressions in your Task 2 writing.
She probably wanted to say to fill a page with colors because what do you fill in? You fill in a form. You fill in an application, but you wouldn't fill in a page with art. So again, you can see there's a problem with vocabulary here. Is it a huge problem? No, but it's lacking the precision that an examiner is probably looking for in order to give that 7 and it's consistent. So, we've pretty much found– so far, we're only in the first body paragraph and we've found from the introduction to the first body paragraph some consistent errors with vocabulary, okay?
Then she tells us what is more imagination has no limits. That's a nice expression. Okay. No problems, but then therefore, music can be written with no hesitation or expectation for exhilarating tunes. What does that mean; no hesitation or expectation for exhilarating tunes? Though the language is nice. It sounds impressive, but what does it really mean?
Do you understand what she means? Is she telling us that anyone can write music as long as we don't expect them to write something exhilarating? I don't really know. So again, it's just not clear and so the examiner is going to look at this and think okay well, it's not clear because the language she's using isn't precise, all right?
So again, if you look at those band descriptors, you'll see that there is mention of precision in the band descriptors. So, this definitely is not precise. We're unclear about what she's trying to say.
Then the last sentence in the paragraph which says lay persons relish the idea of producing a tune without any special talent. So again, there are numerous problems here. First of all, we don't say lay persons. We use the word lay people and then relish the idea– it sounds like a set expression that she learned somewhere, but it really doesn't fit here. They relish the idea. That's not true.
Then grammatically, I think that the sentence means something other than what she intended it to mean. She says that they relish the idea of producing a tune without any special talent. It's as if the tune is without any special talent, okay, and I don't think that's what she meant. So, there is some incoherence here. I think she means that lay people are without any special talent, right?
So, her word order is creating some miscommunication here even though you can't say that grammatically, there's something wrong with what she said. Not necessarily, but in terms of the conveyance of meaning, there's a problem.
Okay. So, moving on to the second body paragraph. On the other hand, there are those who insist that gifted persons solely make art. Indeed, history has taught us that a man with innate talent can, for example, produce amazingly harmonious melodies. The same goes for poetry and painting. Monet, Picasso, Klimt, El Greco, Beethoven are really some of the glorious namely that wrote history. Not only did they use innovative methods but also no one ever before had used the same techniques.
If it was not for the cube designs of which YSL became famous for his clothes, the magnificent historic reference of Seferis in his poems or Renaissance drawing walls of Leonardo da Vinci, then we would not inherit those techniques and methods we copy nowadays. Only after those gifted artists do we enjoy art is any mean with amazing results.
Okay. So, I think that the paragraph actually started off quite well. She used some nice arguments. She used some good vocabulary, but she did have some problems with grammar, but not only. So, let's try to pick apart this paragraph one more time.
Okay. So, on the other hand, there are those who insist– she wrote insist on. This is wrong. We say I insist on doing something. I insist on giving something. I insist on– it must be followed by a gerund; by a verb with the -ing. That's not what she did here, okay? So, since she had a that clause, she needed to get rid of this on. It should just say on the other hand, there are those who insist that gifted persons solely make art, okay? That's accurate.
Indeed history– and she put it in quotations although I don't know why– has taught us that a man with innate talent, for example– oh that an innate talent can, for example, produce amazingly harmonious melodies. It's not the greatest expression– amazingly harmonious melodies. In other words, why are we using this amazingly here? It just feels a little too much. It feels inaccurate. It feels like she's throwing it in there to impress us, but it's not doing what she wants it to do, okay?
The same goes for poetry and painting. That's fine. And then she tells us these names, okay. Monet, Picasso, Klimt, El Greco, Beethoven. She should have put an and here before that last name in the list; before Beethoven because when we have a list, we have to put and before the last item in the list. Now, we don't really know why she starts giving us this list of people. Don't know how necessary that was.
She tells us not only did they use innovative methods– and here's where she starts having problems– but also no one ever before had used the same techniques. Well, isn't that what innovation means? It's when you do something new that no one else has done before. So, it sounds nice when you look at it the first time, but in fact, it's redundant, okay and it has some grammatical problems, too.
So, let's look at that sentence one more time. Not only did they use innovative methods but also something else, okay? No one ever before had used the same techniques. So, she's just saying the same thing twice. So, there's absolutely no reason for her to use this structure even though it's lovely. It's just a redundant sentence. It's almost like saying not only do I like milk but I also really enjoy milk. So, that's kind of what's happened here. The grammar is okay in the end. It's fine, but it's not the structure she really needed to use here.
Okay. So, here again she has some problems. If it was not for the cube designs he or she has a problem. She's trying to do something really challenging here in terms of her grammar. Unfortunately, she doesn't really quite rise to that challenge. So, if it was not for the cube designs which made YSL famous, okay, the magnificent historic references of Seferis in his poems– capital r here– or Renaissance draw– you don't say drawing walls. You would just say or Renaissance paintings or Renaissance painted walls of Leonardo da Vinci, then we would not have inherited, okay?
So, she needed to use a different form of the conditional here. We would not have inherited those techniques and methods which we copy nowadays. So, the question here is okay, great. Let's assume she did do this grammatically correctly, but what is she really telling us? How is this relevant and how does this prove her point? Does it prove her point that only talented individuals can do this? Has she really said that expressly?
Not really. She is assuming that we understand that only someone like Leonardo da Vinci could have done this. Only a poet like Seferis could have done this and only somebody like Yves Saint-Laurent, but she should have said it. She shouldn't ask the reader to assume this, okay?
The rest of it is I think well enough extended that an examiner probably wouldn't lower her score because of something like this. I think she did a good job otherwise with her task achievement. So, an examiner would probably let this slide, but again, there was a grammatical problem in here. She tried to do something really, really complex, but it just didn't pan out.
Okay, and then only after those gifted artists do we enjoy art is any mean with amazing results. Okay, this is just full of mistakes. It doesn't make any sense and quite frankly, she keeps using over and over this grammatical structure called inversion which I personally like a lot and I love to see it in essays. It's very formal. It's very advanced. It's impressive when you do it correctly, but it's just not panning out for her because she's doing it wrong.
Not only is she doing it wrong but it's a structure that she's used several times. She's used not only, she's used only after. There are a couple of other places she used it as well and so when you use something which is advanced and when it is rather impressive, you don't want to overuse it because it then loses its effect. It loses its ability to impress.
It's kind of like the examiner is like okay, well there it is again. Great, you learned inversion so now you're just going to keep using it over and over. You don't want that. You want to show a range of grammatical structures. You want to show that you know complex grammatical structures. Great, you should, but don't use one over and over and over again, okay?
So, how should she have fixed this sentence? Well, only because of those gifted artists do we enjoy art today. And then this really even today makes no sense to me is any mean with amazing results. It doesn't make sense, but still what she really needed to kind of hammer home and really make the point very clear is the point that she's actually supposedly arguing. Only these people with special talents can do such things, okay? And only the work of these kinds of people are considered art. So, she just needed to go a click further to discuss that.
Okay. So clearly, what is needed for special art is the innate talent of a person and the tendency for this, but we cannot underestimate those who try to do their best in a more impulsive way. Okay. So, a couple of things here that I want to discuss in this conclusion.
First of all, the first error is the word impulsive. It's the wrong word. It doesn't mean what she wants it to mean. I'm not really sure what word she means. Maybe amateurish, maybe in a– I'm not really sure what she's trying to say, but impulsive definitely feels like it doesn't belong based on how she developed her essay up to this point, okay?
Also, the word underestimate is wrong. It sounds like a direct translation from her native language. In English, we don't use underestimate like this. So, a different word choice would have been important here.
There's another problem that goes beyond just vocabulary and it's an issue that we can find in the band descriptors. If you look at band 6 under task achievement, it talks about conclusions and it might say conclusions may be unclear. Well, based on what she wrote here, the conclusion is a little unclear. Look at it again. So, what is needed for special art is the innate talent of a person and the tendency for this, but we cannot underestimate those who try to do their best in a more impulsive way.
So, what is she telling us? That only innate talent or is she saying hey, you know what? People who aren't really talented cannot also be underestimated. So, the way she phrased this and the fact that she put this thing about underestimating those who tried to do their best last, it kind of gives it more weight. We're left not really sure because she's kind of 50/50 here, isn't she?
So, that creates some confusion because here– she told us in her introduction that she thinks only special art can be provided by talented artists. We already analyzed what's wrong with that expression, but she expressed one view point here and then all of a sudden in her conclusion, she's saying yes, well you know what? They're both kind of important. So, this is a little strange. It's almost as if she's contradicting what she wrote in her introduction and we're just not really sure at the very end of her essay where she stands on this.
So, an examiner is going to look at that and be like okay well, in the end, am I clear on this test-taker's position, okay? What would an examiner probably say about this essay? The examiner would probably say that the student is at an advanced level, but not consistently advanced. The candidate shows good grammar, but it's not consistent. It's not– there are inaccuracies and I wouldn't say that there's just like a couple of inaccuracies, but there are frequent inaccuracies, okay?
More importantly, I think probably for me the biggest thing here if I were going to give 1/6 anywhere in this essay, it would probably be for the vocabulary because she tries to use some good vocabulary and there are some areas where she does, but it's just not consistent. There are enough places where the vocabulary creates some confusion that honestly no; it probably wouldn't get a 7 because it just has that many errors, okay?
So, you can see that what at first glance looks like a really good essay and you think wow! This person really knows how to write. Well yes, but it's just not the kind of essay that will automatically get a 7, okay?
So, this is what I wanted all of you to hear today. I wanted you to understand really the complexity of the 7. I think this is a really important point just one more time to reiterate that a 7 can mean– okay, if you've got these twelve scores, you need to have at least all twelve of those scores be a 7; at least, okay?
If you have even just one 6, it's not going to be a 7. It's going to be a 6.5 and I also want you to remember that you could have as many six 6s across those twelve scores and that too will be a 6– 6.5 excuse me. That's probably the most important thing that we can talk about today; just the variation and the variety of scores that can end up giving you a 6.5, but I wanted you to look at this today and see also the kinds of decisions and the kind of thought processes an examiner might be going through and having in reviewing and grading an essay, okay?
So, it turns out that I wasn't able to get to more than one essay. I think that's okay. I really wanted to kind of go into this particular one in depth. I hope you found it helpful. If you do, I'm more than happy to kind of go over in great depth even more essays, maybe some Task 1s.
So with that, I leave you for now and I wish you all the best of luck with your IELTS preparation.
Female Voice: Thanks for listening to ieltspodcast.com
You can download or listen to the audio version here:
|Direct Download Here | Stitcher | iTunes | Spotify | Soundcloud | Transcript |
Podcast: Play in new window | Download
You can also watch the full tutorial here:


text:
Our April box is all about spring, featuring our Amaretti Cookies, Lemon Sugar and limited edition Sprinkle Cookies! Our April box contains tree nuts, please let us know if you're allergic and we will substitute another cookie.
Order by April 30th to get this box!
Ask the community and get help from thousands of informed subscribers.
Thank you
Mix box of Signature Chocolate Chip, Molasses Spice and Double Chocolate Peppermint.
1 dozen mixed box of Signature Chocolate Chip, S'mores and Triple Chocolate Cookies.
Caramel Snickerdoodle Cookie Pie
For the month of April we sent out our Spring Part Cookie Box featuring s'mores, lemon sugar and subscriber only sprinkle party cookies!
We celebrated National Chocolate Chip Day with our Signature Chocolate Chip Cookie box in May.
Our June box celebrates the King's favorite foods, peanut butter and bananas with our Elvis Cookie Pie.
We're ready for fall and getting in the mood with our seasonal Caramel Apple Oatmeal Cookies!
Our July box is a taste of summer in every bite with our Blueberries & Cream Cookies, only available to subscribers.
We celebrated National S'mores Day this month with our s'mores cookies!
Perfect for Thanksgiving! If you can hold out long enough our Brown Sugar Pumpkin Cookies make a perfect finish to your Thanksgiving table or just dig in before hand. We promise we won't tell! Made with 100% pure organic pumpkin, this Fall classic a favorite for a reason!
Celebrate the holiday season with our most festive cookie mix! In this box you'll receive Signature Chocolate Chip, Molasses Spice and Double Chocolate Peppermint. Boxes ship on Monday December 9th.

subset: commoncrawl


text:
Create a Listing
Our resource / services directory has useful links to services used by the freight and shipping industry.
We add services directory listings often. Customers can rate the usefulness and reliability. If you want to add a free or paid listing, click Create a Listing.
Roadside Assistance
Address: 4535 NW 1st Street, Des Moines, IA 50313
Service Category: Mechanic Services
A & A Truck & Trailer Repair works to provide quality service up to a one hundred mile radius from Des Moines, IA. All of our technicians are fully trained in all areas of truck repair, truck maintenance, and roadside assistance.
Country: USA
State: Iowa
Address: 208, 2975 Horley St
Service Category: Tow Services
Academy Towing takes pride in prompt heavy-duty towing service with efficiency and great customer satisfaction. We offer competitive rates for heavy & mid heavy towing service, boost & unlocking service.
Country: Canada
Address: 5300 Gray Court, #11, Arvada, CO 80002
Service Category: Mechanic Services
Arctic Fox Repair Services is fully insured and offers services for trucks or trailers including preventative maintenance, roadside assistance, lockouts, jump starts, DPF Regeneration, fleet maintenance as well as onsite repairs and DOT Inspections.


text:
Узнать больше о подписке Scribd
Откройте для себя все, что может предложить Scribd, включая книги и аудиокниги от крупных издательств.
The doctrine of the "law of the case" is ordinarily a very wise rule ofaction, but it is not a universal, inexorable command. For while thedoctrine is generally deemed applicable whether the formerdetermination is right or wrong, (Wills vs. Lloyd, 21 Cal. 2d 452,132 p.20 471, 474; In re Taylor's Estate, 110 Vt. 80, 2 A. 2d 317, 319;Greenwood Country vs. Watkins, 196 S.C. 51, 12 S.E. 2d 545, 550),there are some cases which hold that the doctrine is in applicablewhere [the] prior decision is unsound (Standard Oil Co. of Californiavs. Johnson, 56 Cal. App. 2d 411, 132 P. 2d 910, 913; Atchison T.& S.F.Ry Co. vs. Ballard, C.C.A. Tax 108 F. 2d 768, 772); or incorrectprinciples were announced or [al mistake of fact was made on firstappeal. (Nation of Match Co. vs. Empire Storage & Ice Co., 227 MoSupp. 11 5, 58 S.W. 2d 997; Morris vs. E.I.Du Pont De Nemours & Com;346 Mo. 126,139 S.W. 2d 984,986, 129 A.L.R. 352).
It is a peculiar virtue of our system of law that in the search for truththrough the process of inclusion and exclusion, it behooves us tocorrect the application of the doctrine of "the law of the case" uponsuch questions which prove to have been mistaken.. . . [T]he Honorable Supreme Court in the case of Lucia Pajarito vs.Hon. Alberto V. Seneris, et. al. (G.R. No. L-44627, December 14, 1978;87 SCRA 275) has definitely set the rule that; . . . considering that Felipe Aizon does not deny that he was theregistered operator of the bus . . ., it would serve no importantpurpose to require petitioner to file a separate and independent actionagainst the employer for the enforcement of the latter's subsidiarycivil liability . . . . At any rate, the proceeding for the enforcement ofthe subsidiary civil liability may be considered as part of theproceeding for the execution of the judgment. A case in which anexecution has been issued is regarded as still pending so that allproceedings on the execution are proceedings in the suit."xxx xxx xxxxxx xxx xxxxxx xxx xxx
To underscore, Our deletion from Our decision in CA-G.R. No. 19077CR, therefore, of the trial court's pronouncement and directions on thesubsidiary liability of Maximiliano Alverez would have not preventedthe respondent court from issuing the writ of subsidiary execution andall other matters now under question.On the issue of the deprivation of the employer of due process, unlesshe is allowed his day in court in the enforcement of his subsidiaryliability in a separate civil action, the Honorable Supreme Court, citingrelevant holdings in previous cases said:
In Miranda vs. Malate Garage & Taxicab Inc. this Court fatheramplified the rule that the decision convicting the employee is bindingand conclusive upon the employer, "not only with regard to (thelatter's) civil liability but also with regard to its amount because theliability of an employer can not be separated but following that of hisemployee ... And this Court, in Miranda further explained that theemployer is in substance and in effect a party to the criminal case,considering the subsidiary liability imposed upon him by law.
The parcel of land under litigation is Lot No. 2476 of the SubdivisionPlan Psd-37365 containing an area of 20,119 square meters andsituated at Gusa, Cagayan de Oro City. Said lot was acquired bypurchase from the late Luis Lancero on September 15, 1964 as perDeed of Absolute Sale executed in favor of plaintiff and by virtue ofwhich Transfer Certificate of Title No. 4320 was issued to plaintiff(DELCOR for brevity). Luis Lancero, in turn acquired the same parcelfrom Ricardo Gevero on February 5, 1952 per deed of sale executedby Ricardo Gevero which was duly annotated as entry No. 1128 at theback of Original Certificate of Title No. 7610 covering the mother lotidentified as Lot No. 2476 in the names of Teodorica Babangha 1/2share and her children: Maria; Restituto, Elena, Ricardo, Eustaquio andUrsula, all surnamed surnamed Gevero, 1/2 undivided share of thewhole area containing 48,122 square meters.Teodorica Babangha died long before World War II and was survivedby her six children aforementioned. The heirs of Teodorica Babanghaon October 17,1966 executed an Extra-Judicial Settlement andPartition of the estate of Teodorica Babangha, consisting of two lots,among them was lot 2476. By virtue of the extra-judicial settlementand partition executed by the said heirs of Teodorica Babangha, Lot2476-A to Lot 2476-I, inclusive, under subdivision plan (LRC) Psd80450 duly approved by the Land Registration Commission, Lot 2476D, among others, was adjudicated to Ricardo Gevero who was thenalive at the time of extra-judicial settlement and partition in 1966.Plaintiff (private respondent herein) filed an action with the CFI (nowRTC) of Misamis Oriental to quiet title and/or annul the partition madeby the heirs of Teodorica Babangha insofar as the same prejudices theland which it acquired a portion of lot 2476.Plaintiff now seeks to quiet title and/or annul the partition made bythe heirs of Teodorica Babangha insofar as the same prejudices theland which it acquired, a portion of Lot 2476. Plaintiff proved thatbefore purchasing Lot 2476-A it first investigated and checked the titleof Luis Lancero and found the same to be intact in the office of theRegister of Deeds of Cagayan de Oro City. The same with thesubdivision plan (Exh. "B"), the corresponding technical description(Exh. "P") and the Deed of Sale executed by Ricardo Gevero all ofwhich were found to be unquestionable. By reason of all these,plaintiff claims to have bought the land in good faith and for value,occupying the land since the sale and taking over from Lancero'spossession until May 1969, when the defendants Abadas forciblyentered the property. (Rollo, p. 23)
After trial the court a quo on July 18, 1977 rendered judgment, thedispositive portion of which reads as follows:WHEREFORE, premises considered, judgment is hereby rendereddeclaring the plaintiff corporation as the true and absolute owner ofthat portion of Lot No. 2476 of the Cagayan Cadastre, particularly LotNo. 2476-D of the subdivision plan (LRC) Psd-80450, containing anarea of SEVEN THOUSAND EIGHT HUNDRED SEVENTY EIGHT (7,878)square meters, more or less. The other portions of Lot No. 2476 arehereby adjudicated as follows:Lot No. 2476 B to the heirs of Elena Gevero;Lot No. 2476 C to the heirs of Restituto Gevero;Lot No. 2476 E to the defendant spouses Enrique C. Torres andFrancisca Aquino;Lot No. 2476 F to the defendant spouses Eduard Rumohr andEmilia Merida Rumohf ;Lot Nos. 2476-H, 2476-I and 2476 G to defendant spousesEnrique Abada and Lilia Alvarez Abada.No adjudication can be made with respect to Lot No. 2476-Aconsidering that the said lot is the subject of a civil case between theHeirs of Maria Gevero on one hand and the spouses Daniel Borkingkitoand Ursula Gevero on the other hand, which case is now pendingappeal before the Court of Appeals. No pronouncement as to costs, SOORDERED. (Decision, Record on Appeal, p. 203; Rollo, pp. 21-22)From said decision, defendant heirs of Ricardo Gevero (petitionersherein) appealed to the IAC (now Court of Appeals) whichsubsequently, on March 20, 1986, affirmed the decision appealedfrom.Petitioners, on March 31, 1986, filed a motion for reconsideration(Rollo, p. 28) but was denied on April 21, 1986.Hence, the present petition.This petition is devoid of merit.Basically, the issues to be resolved in the instant case are: 1) whetheror not the deed of sale executed by Ricardo Gevero to Luis Lancero isvalid; 2) in the affirmative, whether or not the 1/2 share of interest ofTeodorica Babangha in one of the litigated lots, lot no. 2476 underOCT No. 7610 is included in the deed of sale; and 3) whether or notthe private respondents' action is barred by laches.Petitionersmaintainthatthe deedof sale isentirelyinvalid citing alleged flaws thereto, such as that: 1) the signature ofRicardo was forged without his knowledge of such fact; 2) Lancero hadrecognized the fatal defect of the 1952 deed of sale when he signedthe document in 1968 entitled "Settlement to Avoid the Litigation"; 3)
Reversal of the decision of the Court of Appeals in CA-G.R. No. CV11186 affirming with modification the judgment of the RegionalTrial Court of Albay in favor of the plaintiffs in Civil Case No. 7152entitled "Jose Jaucian, et al. v. Mariano B. Locsin, et al.," an action forrecovery of real property with damages is sought. in theseproceedings initiated by petition for review on certiorari in accordancewith Rule 45 of the Rules of Court.The petition was initially denied due course and dismissed by thisCourt. It was however reinstated upon a second motion forreconsideration filed by the petitioners, and the respondents wererequired to comment thereon. The petition was thereafter given duecourse and the parties were directed to submit their memorandums.These, together with the evidence, having been carefully considered,the Court now decides the case.First, the facts as the Court sees them in light of the evidence onrecord:The late Getulio Locsin had three children named Mariano, Julian andMagdalena, all surnamed Locsin. He owned extensive residential andagricultural properties in the provinces of Albay and Sorsogon. Afterhis death, his estate was divided among his three (3) children asfollows:(a) the coconut lands of some 700 hectares in Bual, Pilar, Sorsogon,were adjudicated to his daughter, Magdalena Locsin;(b) 106 hectares of coconut lands were given to Julian Locsin, father ofthe petitioners Julian, Mariano, Jose, Salvador, Matilde, and Aurea, allsurnamed Locsin;(c) more than forty (40) hectares of coconut lands in Bogtong,eighteen (18) hectares of riceland in Daraga, and the residential lotsin Daraga, Albay and in Legazpi City went to his son Mariano, whichMariano brought into his marriage to Catalina Jaucian in 1908.Catalina, for her part, brought into the marriage untitled propertieswhich she had inherited from her parents, Balbino Jaucian and SimonaAnson. These were augmented by other properties acquired by thespouses in the course of their union, 1 which however was not blessedwith children.Eventually, the properties of Mariano and Catalina were brought underthe Torrens System. Those that Mariano inherited from his father,Getulio Locsin, were surveyed cadastrally and registered in the nameof "Mariano Locsin, married to Catalina Jaucian.'' 2Mariano Locsin executed a Last Will and Testament instituting his wife,Catalina, as the sole and universal heir of all his properties. 3 The willwas drawn up by his wife's nephew and trusted legal adviser, Attorney
1-JJL Mar. 22, 1967 Deed of Sale in favor of 5,000 P 1,000 HostilioCornelloJulian Locsin (Lot 2020) Helen M. Jaucian1 Nov. 29, 1974 Deed of Donation in 26,509favor Aurea Locsin,Matilde L. Corderoand Salvador Locsin2 Feb. 4, 1975 Deed of Donation in 34,045favor Aurea Locsin,Matilde L. Corderoand Salvador Locsin3 Sept. 9, 1975 Deed of Donation in (Lot 2059)favor Aurea Locsin,Matilde L. Corderoand Salvador Locsin4 July 15, 1974 Deed of Absolute Sale in 1,424 Hostilio Corneliofavor of Aurea B. Locsin Fernando Velasco5 July 15, 1974 Deed of Absolute Sale in 1,456 P 5,750 HostilioCorneliofavor of Aurea B. Locsin Elena Jaucian6 July 15, 1974 Deed of Absolute Sale in 1,237 P 5,720 - ditto favor of Aurea B. Locsin7 July 15, 1974 Deed of Absolute Sale in 1,404 P 4,050 - ditto favor of Aurea B. Locsin15 Nov. 26, 1975 Deed of Sale in favor of 261 P 4,930 - ditto Aurea Locsin16 Oct. 17, 1975 Deed of Sale in favor of 533 P 2,000 Delfina AnsonAurea Locsin M. Acabado17 Nov. 26, 1975 Deed of Sale in favor of 373 P 1,000 Leonor SatuitoAurea Locsin Mariano B. Locsin19 Sept. 1, 1975 Conditional Donation in 1,130 P 3,000 - ditto favor of Mariano Locsin1-MVRJ Dec. 29, 1972 Deed of Reconveyance 1,5110.66 P 1,000Delfina Ansonin favor of Manuel V. del (Lot 2155) Antonio IllegibleRosario whose maternalgrandfather was GetulioLocsin2-MVRJ June 30, 1973 Deed of Reconveyance 319.34 P 500 AntonioIllegiblein favor of Manuel V. del (Lot 2155) Salvador NicalRosario but the rentals
In 1989, or six (6) years after Doa Catalina's demise, some of herJaucian nephews and nieces who had already received their legaciesand hereditary shares from her estate, filed action in the Regional TrialCourt of Legaspi City (Branch VIII, Civil Case No. 7152) to recover theproperties which she had conveyed to the Locsins during her lifetime,alleging that the conveyances were inofficious, without consideration,and intended solely to circumvent the laws on succession. Those whowere closest to Doa Catalina did not join the action.After the trial, judgment was rendered on July 8, l985 in favor of theplaintiffs (Jaucian), and against the Locsin defendants, the dispositivepart of which reads:WHEREFORE, this Court renders judgment for the plaintiffs andagainst the defendants:(1) declaring the, plaintiffs, except the heirs of Josefina J. Borja andEduardo Jaucian, who withdrew, the rightful heirs and entitled to theentire estate, in equal portions, of Catalina Jaucian Vda. de Locsin,being the nearest collateral heirs by right of representation of Juanand Gregorio, both surnamed Jaucian, and full-blood brothers ofCatalina;(2) declaring the deeds of sale, donations, reconveyance andexchange and all other instruments conveying any part of the estateof Catalina J. Vda. de Locsin including, but not limited to those in theinventory of known properties (Annex B of the complaint) as null andvoid ab-initio;(3) ordering the Register of Deeds of Albay and/or Legazpi City tocancel all certificates of title and other transfers of the real properties,subject of this case, in the name of defendants, and derivativestherefrom, and issue new ones to the plaintiffs;(4) ordering the defendants, jointly and severally, to reconveyownership and possession of all such properties to the plaintiffs,together with all muniments of title properly endorsed and delivered,and all the fruits and incomes received by the defendants from theestate of Catalina, with legal interest from the filing of this action; andwhere reconveyance and delivery cannot be effected for reasons thatmight have intervened and prevent the same, defendants shall payfor the value of such properties, fruits and incomes received by them,also with legal interest from the filing, of this case(5) ordering each of the defendants to pay the plaintiffs the amount ofP30,000.00 as exemplary damages; and the further sum ofP20,000.00 each as moral damages; and
(6) ordering the defendants to pay the plaintiffs attorney's fees andlitigation expenses, in the amount of P30,000.00 without prejudice toany contract between plaintiffs and counsel.Costs against the defendants. 9The Locsins appealed to the Court of Appeals (CA-G.R. No. CV-11186)which rendered its now appealed judgment on March 14, 1989,affirming the trial court's decision.The petition has merit and should be granted.The trial court and the Court of Appeals erred in declaring the privaterespondents, nephews and nieces of Doa Catalina J. Vda. de Locsin,entitled to inherit the properties which she had already disposed ofmore than ten (10) years before her death. For those properties didnot form part of her hereditary estate, i.e., "the property andtransmissible rights and obligationsexisting at the time of (thedecedent's) death and those which have accrued thereto since theopening of the succession." 10 The rights to a person's succession aretransmitted from the moment of his death, and do not vest in his heirsuntil such time. 11 Property which Doa Catalina had transferred orconveyed to other persons during her lifetime no longer formed partof her estate at the time of her death to which her heirs may layclaim. Had she died intestate, only the property that remained in herestate at the time of her death devolved to her legal heirs; and even ifthose transfers were, one and all, treated as donations, the rightarising under certain circumstances to impugn and compel thereduction or revocation of a decedent's gifts inter vivos does not inureto the respondents since neither they nor the donees are compulsory(or forced) heirs. 12There is thus no basis for assuming an intention on the part of DoaCatalina, in transferring the properties she had received from her latehusband to his nephews and nieces, an intent to circumvent the law inviolation of the private respondents' rights to her succession. Saidrespondents are not her compulsory heirs, and it is not pretended thatshe had any such, hence there were no legitimes that couldconceivably be impaired by any transfer of her property during herlifetime. All that the respondents had was an expectancy that innowise restricted her freedom to dispose of even her entire estatesubject only to the limitation set forth in Art. 750, Civil Code which,even if it were breached, the respondents may not invoke:Art. 750. The donation may comprehend all the present property ofthe donor or part thereof, provided he reserves, in full ownership orin usufruct, sufficient means for the support of himself, and of allrelatives who, at the time of the acceptance of the donation, are by
In 1975, or two years before her death, Doa Catalina sold some lotsnot only to Don Mariano's niece, Aurea Locsin, and his nephew,MarianoLocsinII, 21 but also to her niece, Mercedes Jaucian Arboleda. 22 If she wascompetent to make that conveyance to Mercedes, how can there beany doubt that she was equally competent to transfer her otherpieces of property to Aurea and Mariano II?The trial court's belief that Don Mariano Locsin bequeathed his entireestate to his wife, from a "consciousness of its real origin" whichcarries the implication that said estate consisted of properties whichhis wife had inherited from her parents, flies in the teeth of DoaCatalina's admission in her inventory of that estate, that "items 1 to33 are the private properties of the deceased (Don Mariano) andforms (sic) part of his capital at the time of the marriage with thesurviving spouse, while items 34 to 42 are conjugal properties,acquired during the marriage." She would have known better thananyone else whether the listing included any of her paraphernalproperty so it is safe to assume that none was in fact included. Theinventory was signed by her under oath, and was approved by theprobate court in Special Proceeding No. 138 of the Court of FirstInstance of Albay. It was prepared with the assistance of her ownnephew and counsel, Atty. Salvador Lorayes, who surely would nothave prepared a false inventory that would have been prejudicial tohis aunt's interest and to his own, since he stood to inherit from hereventually.This Court finds no reason to disbelieve Attorney Lorayes' testimonythat before Don Mariano died, he and his wife (Doa Catalina), beingchildless, had agreed that their respective properties shouldeventually revert to their respective lineal relatives. As the trustedlegal adviser of the spouses and a full-blood nephew of Doa Catalina,he would not have spun a tale out of thin air that would also prejudicehis own interest.Little significance, it seems, has been attached to the fact that amongDoa Catalina's nephews and nieces, those closest to her: (a) herlawyer-nephew Attorney Salvador Lorayes; (b) her niece andcompanion Elena Jaucian: (c) her nieces Maria Olbes-Velasco andMaria Lorayes-Cornelio and their respective husbands, FernandoVelasco and Hostilio Cornelio, did not join the suit to annul andundo the dispositions of property which she made in favor of theLocsins, although it would have been to their advantage to do so.Their desistance persuasively demonstrates that Doa Catalina actedas a completely free agent when she made the conveyances in favor
5. That [as] of this time, the probate Court has not yet issued an ordereither approving or denying the said sale. (p. 3, appealed Order ofSeptember 15, 1992, pp. 109-112, record).[Private respondents] submitted their evidence in support of thematerial allegations of the complaint. In addition to testimonies ofwitnesses, [private respondents] presented the following documentaryevidences: (1) Contract to Sell (Exh A); (2) machine copy of the lastwill and testament of Demetrio Carpena (defendants father) to showthat the property sold by defendant was one of those devised to her insaid will (Exh B); (3) receipts signed by defendant for thedownpayment in the total amount of P300,000.00 (Exhs C, D & E);and (4) demand letters sent to defendant (Exhs F & G).It appears that [petitioner], instead of submitting her evidence, filed aDemurrer to Evidence. In essence, defendant maintained that thecontract to sell was null and void for want of approval by the probatecourt. She further argued that the contract was subject to asuspensive condition, which was the probate of the will of defendantsfather Demetrio Carpena. An Opposition was filed by [privaterespondents]. It appears further that in an Order dated December 15,1992 the court a quo granted the demurrer to evidence and dismissedthe complaint. It justified its action in dismissing the complaint in thefollowing manner:It is noteworthy that when the contract to sell was consummated, nopetition was filed in the Court with notice to the heirs of the time andplace of hearing, to show that the sale is necessary and beneficial. Asale of properties of an estate as beneficial to the interested partiesmust comply with the requisites provided by law, (Sec. 7, Rule 89,Rules of Court) which are mandatory, and without them, the authorityto sell, the sale itself, and the order approving it, would be null andvoid ab initio. (Arcilla vs. David, 77 Phil. 718, Gabriel, et al., vs.Encarnacion, et al., L-6736, May 4, 1954; Bonaga vs. Soler, 2 Phil.755) Besides, it is axiomatic that where the estate of a deceasedperson is already the subject of a testate or intestate proceeding, theadministrator cannot enter into any transaction involving it withoutprior approval of the probate Court. (Estate of Obave, vs. Reyes, 123SCRA 767).As held by the Supreme Court, a decedents representative(administrator) is not estopped from questioning the validity of hisown void deed purporting to convey land. (Bona vs. Soler, 2 Phil,755). In the case at bar, the [petitioner,] realizing the illegality of thetransaction[,] has interposed the nullity of the contract as herdefense, there being no approval from the probate Court, and, in good
faith offers to return the money she received from the [privaterespondents]. Certainly, the administratrix is not estop[ped] fromdoing so and the action to declare the inexistence of contracts do notprescribe. This is what precipitated the filing of [petitioners] demurrerto evidence.[6]The trial courts order of dismissal was elevated to the Court ofAppeals by private respondents who alleged:1. The lower court erred in concluding that the contract to sell is nulland void, there being no approval of the probate court.2. The lower court erred in concluding that [petitioner] in good faithoffers to return the money to [private respondents].3. The lower court erred in concluding that [petitioner] is not underestoppel to question the validity of the contract to sell.4. The lower court erred in not ruling on the consideration of thecontract to sell which is tantamount to plain unjust enrichment of[petitioner] at the expense of [private respondents].[7]Public Respondents RulingDeclaring the Contract to Sell valid, subject to the outcome of thetestate proceedings on Demetrio Carpenas estate, the appellate courtset aside the trial courts dismissal of the complaint and correctly ruledas follows:It is apparent from the appealed order that the lower court treated thecontract to sell executed by appellee as one made by theadministratrix of the Estate of Demetrio Carpena for the benefit of theestate. Hence, its main reason for voiding the contract in questionwas the absence of the probate courts approval. Presumably, what thelower court had in mind was the sale of the estate or part thereofmade by the administrator for the benefit of the estate, as authorizedunder Rule 89 of the Revised Rules of Court, which requires theapproval of the probate court upon application therefor with notice tothe heirs, devisees and legatees.However, as adverted to by appellants in their brief, the contract tosell in question is not covered by Rule 89 of the Revised Rules of Courtsince it was made by appellee in her capacity as an heir, of a propertythat was devised to her under the will sought to be probated. Thus,while the document inadvertently stated that appellee executed thecontract in her capacity as executrix and administratrix of the estate,a cursory reading of the entire text of the contract would unerringlyshow that what she undertook to sell to appellants was one of theother properties given to her by her late father, and more importantly,it was not made for the benefit of the estate but for her own needs. To
Insisting that the above rule should apply to this case, petitionerargues that the stipulations in the Contract to Sell require her to act inher capacity as an executrix or administratrix. She avers that herobligation to eject tenants pertains to the administratrix or executrix,the estate being the landlord of the said tenants.[10] Likewisedemonstrating that she entered into the contract in her capacity asexecutor is the stipulation that she must effect the conversion ofsubject land from irrigated rice land to residential land and secure thenecessary clearances from government offices. Petitioner alleges thatthese obligations can be undertaken only by an executor oradministrator of an estate, and not by an heir.[11]The Court is not persuaded. As correctly ruled by the Court ofAppeals, Section 7 of Rule 89 of the Rules of Court is not applicable,because petitioner entered into the Contract to Sell in her capacity asan heiress, not as an executrix or administratrix of the estate. In thecontract, she represented herself as the lawful owner and seller of thesubject parcel of land.[12] She also explained the reason for the sale tobe difficulties in her living conditions and consequent need of cash.[13]These representations clearly evince that she was not acting onbehalf of the estate under probate when she entered into the Contractto Sell. Accordingly, the jurisprudence cited by petitioner has noapplication to the instant case.We emphasize that hereditary rights are vested in the heir orheirs from the moment of the decedents death. [14] Petitioner,therefore, became the owner of her hereditary share the moment herfather died. Thus, the lack of judicial approval does not invalidate theContract to Sell, because the petitioner has the substantive right tosell the whole or a part of her share in the estate of her late father.[15]Thus, in Jakosalem vs. Rafols,[16] the Court resolved an identicalissue under the old Civil Code and held:Article 440 of the Civil Code provides that the possession of hereditaryproperty is deemed to be transmitted to the heir without interruptionfrom the instant of the death of the decedent, in case the inheritancebe accepted. And Manresa with reason states that upon the death of aperson, each of his heirs becomes the undivided owner of the wholeestate left with respect to the part or portion which might beadjudicated to him, a community of ownership being thus formedamong the coowners of the estate while it remains undivided. xxx Andaccording to article 399 of the Civil Code, every part owner mayassign or mortgage his part in the common property, and the effect ofsuch assignment or mortgage shall be limited to the portion whichmay be allotted him in the partition upon the dissolution of the
The IssuePetitioner raises only one issue:Whether or not the Contract to Sell dated 03 February 1989executed by the [p]etitioner and [p]rivate [r]espondent[s] withoutthe requisite probate court approval is valid.The Courts RulingThe petition has no merit.Contract to Sell ValidIn a nutshell, petitioner contends that where the estate of thedeceased person is already the subject of a testate or intestateproceeding, the administrator cannot enter into any transactioninvolving it without prior approval of the Probate Court. [9] Shemaintains that the Contract to Sell is void because it was notapproved by the probate court, as required by Section 7, Rule 89 ofthe Rules of Court:SEC. 7. Regulations for granting authority to sell, mortgage, orotherwise encumber estate. The court having jurisdiction of the estateof the deceased may authorize the executor or administrator to sell,mortgage, or otherwise encumber real estate, in cases provided bythese rules and when it appears necessary or beneficial, under thefollowing regulations:xxx
and the fees paid upon filing of this complaint that is subject toadjustment and which may be subjected to a lien.In the oft-quoted case of Sun Insurance Office, Ltd. v. Hon.Maximiano Asuncion,[22] this Court held that when the specific claimhas been left for the determination by the court, the additional filingfee therefor shall constitute a lien on the judgment and it shall be theresponsibility of the Clerk of Court or his duly authorized deputy toenforce said lien and assess and collect the additional fee. Clearly, therules and jurisprudence contemplate the initial payment of filing anddocket fees based on the estimated claims of the plaintiff, and it isonly when there is a deficiency that a lien may be constituted on thejudgment award until such additional fee is collected.Based on the foregoing, the trial court erred in not dismissing thecomplaint outright despite their failure to pay the proper docketfees. Nevertheless, as in other procedural rules, it may be liberallyconstrued in certain cases if only to secure a just and speedydisposition of an action. While the rule is that the payment of thedocket fee in the proper amount should be adhered to, there arecertain exceptions which must be strictly construed.[23]In recent rulings, this Court has relaxed the strict adherence tothe Manchester doctrine, allowing the plaintiff to pay the properdocket fees within a reasonable time before the expiration of theapplicable prescriptive or reglementary period.[24]In the recent case of National Steel Corp. v. Court of Appeals,[25]this Court held that:The court acquires jurisdiction over the action if the filing of theinitiatory pleading is accompanied by the payment of the requisitefees, or, if the fees are not paid at the time of the filing of thepleading, as of the time of full payment of the fees within suchreasonable time as the court may grant, unless, of course,prescription has set in the meantime.It does not follow, however, that the trial court should have dismissedthe complaint for failure of private respondent to pay the correctamount of docket fees. Although the payment of the proper docketfees is a jurisdictional requirement, the trial court may allow theplaintiff in an action to pay the same within a reasonable time beforethe expiration of the applicable prescriptive or reglementary period. Ifthe plaintiff fails to comply within this requirement, the defendantshould timely raise the issue of jurisdiction or else he would beconsidered in estoppel. In the latter case, the balance between theappropriate docket fees and the amount actually paid by the plaintiff
3. The banks failed to comply with the 6th paragraph of the Codicilwhich provided that in case of the sale, lease, or mortgage of theproperty, the buyer, lessee, or mortgagee shall likewise have theobligation to deliver 100 piculs of sugar per crop year to hereinprivate respondent.The plaintiff then prayed that judgment be rendered orderingdefendant-heirs to reconvey/return-Lot No. 1392 to the surviving heirsof the late Aleja Belleza, the cancellation of TCT No. 44498 in thename of the deceased, Dr. Jorge Rabadilla, and the issuance of a newcertificate of title in the names of the surviving heirs of the late AlejaBelleza.On February 26, 1990, the defendant-heirs were declared in defaultbut on March 28, 1990 the Order of Default was lifted, with respect todefendant Johnny S. Rabadilla, who filed his Answer, accordingly.During the pre-trial, the parties admitted that:On November 15, 1998, the plaintiff (private respondent) and acertain Alan Azurin, son-in-law of the herein petitioner who was lesseeof the property and acting as attorney-in-fact of defendant-heirs,arrived at an amicable settlement and entered into a Memorandum ofAgreement on the obligation to deliver one hundred piculs of sugar, tothe following effect:"That for crop year 1988-89, the annuity mentioned in Entry No.49074 of TCT No. 44489 will be delivered not later than January of1989, more specifically, to wit:75 piculs of 'A' sugar, and 25 piculs of 'B' sugar, or then existing inany of our names, Mary Rose Rabadilla y Azurin or Alan Azurin, duringDecember of each sugar crop year, in Azucar Sugar Central; and, thisis considered compliance of the annuity as mentioned, and in thesame manner will compliance of the annuity be in the nextsucceeding crop years.That the annuity above stated for crop year 1985-86, 1986-87, and1987-88, will be complied in cash equivalent of the number of piculsas mentioned therein and which is as herein agreed upon, taking intoconsideration the composite price of sugar during each sugar cropyear, which is in the total amount of ONE HUNDRED FIVE THOUSANDPESOS (P105,000.00).That the above-mentioned amount will be paid or delivered on astaggered cash installment, payable on or before the end ofDecember of every sugar crop year, to wit:For 1985-86, TWENTY SIX THOUSAND TWO HUNDRED FIFTY(P26,250.00) Pesos, payable on or before December of crop year1988-89;
The Court of Appeals erred not in ruling that the institution of Dr. JorgeRabadilla under subject Codicil is in the nature of a modal institutionand therefore, Article 882 of the New Civil Code is the provision of lawin point. Articles 882 and 883 of the New Civil Code provide:Art. 882. The statement of the object of the institution or theapplication of the property left by the testator, or the charge imposedon him, shall not be considered as a condition unless it appears thatsuch was his intention.That which has been left in this manner may be claimed at onceprovided that the instituted heir or his heirs give security forcompliance with the wishes of the testator and for the return ofanything he or they may receive, together with its fruits and interests,if he or they should disregard this obligation.Art. 883. When without the fault of the heir, an institution referred toin the preceding article cannot take effect in the exact manner statedby the testator, it shall be complied with in a manner most analogousto and in conformity with his wishes.The institution of an heir in the manner prescribed in Article 882 iswhat is known in the law of succession as an institucion sub modo or amodal institution. In a modal institution, the testator states (1) theobject of the institution, (2) the purpose or application of the propertyleft by the testator, or (3) the charge imposed by the testator uponthe heir.[18] A "mode" imposes an obligation upon the heir or legateebut it does not affect the efficacy of his rights to the succession. [19] Onthe other hand, in a conditional testamentary disposition, thecondition must happen or be fulfilled in order for the heir to beentitled to succeed the testator. The condition suspends but does notobligate; and the mode obligates but does not suspend. [20] To someextent, it is similar to a resolutory condition.[21]From the provisions of the Codicil litigated upon, it can be gleanedunerringly that the testatrix intended that subject property beinherited by Dr. Jorge Rabadilla. It is likewise clearly worded that thetestatrix imposed an obligation on the said instituted heir and hissuccessors-in-interest to deliver one hundred piculs of sugar to theherein private respondent, Marlena Coscolluela Belleza, during thelifetime of the latter. However, the testatrix did not make Dr. JorgeRabadilla's inheritance and the effectivity of his institution as adevisee, dependent on the performance of the said obligation. It isclear, though, that should the obligation be not complied with, theproperty shall be turned over to the testatrix's near descendants. Themanner of institution of Dr. Jorge Rabadilla under subject Codicil isevidently modal in nature because it imposes a charge upon the
the obligation under the amicable settlement and not the seizure ofsubject property.Suffice it to state that a Will is a personal, solemn, revocable and freeact by which a person disposes of his property, to take effect after hisdeath.[25] Since the Will expresses the manner in which a personintends how his properties be disposed, the wishes and desires of thetestator must be strictly followed. Thus, a Will cannot be the subject ofa compromise agreement which would thereby defeat the verypurpose of making a Will.WHEREFORE, the petition is hereby DISMISSED and the decision ofthe Court of Appeals, dated December 23, 1993, in CA-G.R. No. CV35555 AFFIRMED. No pronouncement as to costsSO ORDERED.
We are not prepared to set aside the finding of the lower courtupholding Ricardo Tanedos testimony, as it involves a matter ofcredibility of witnesses which the trial judge, who presided at thehearing, was in a better position to resolve. (Court of AppealsDecision, p. 6.)In this connection, we note the tenacious allegations made bypetitioners, both in their basic petition and in their memorandum, asfollows:1. The respondent Court allegedly ignored the claimed factthat respondent Ricardo by fraud and deceit and withforeknowledge that the property in question had alreadybeen sold to petitioners, made Lazaro execute the deed ofJanuary 13, 1981;2. There is allegedly adequate evidence to show that only 1/2of the purchase price of P10,000.00 was paid at the timeof the execution of the deed of sale, contrary to thewritten acknowledgment, thus showing bad faith;3. There is allegedly sufficient evidence showing that thedeed of revocation of the sale in favor of petitioners wastainted with fraud or deceit.4. There is allegedly enough evidence to show that privaterespondents took undue advantage over the weaknessand unschooled and pitiful situation of Lazaro Tafledo . . .and that respondent Ricardo Taedo exercised moralascendancy over his younger brother he being the eldestbrother and who reached fourth year college of law and atone time a former Vice-Governor of Tarlac, while hisyounger brother only attained first year high school x x x ;5. The respondent Court erred in not giving credence topetitionersevidence,especiallyLazaroTaedos Sinumpaang Salaysay dated July 27, 1982 statingthat Ricardo Taedo deceived the former in executing thedeed of sale in favor of private respondents.To be sure, there are indeed many conflicting documents andtestimonies as well as arguments over their probative value andsignificance. Suffice it to say, however, that all the above contentionsinvolve questions of fact, appreciation of evidence and credibility ofwitnesses, which are not proper in this review. It is well-settled thatthe Supreme Court is not a trier of facts. In petitions for review underRule 45 of the Revised Rules of Court, only questions of law may beraised and passed upon. Absent any whimsical or capricious exerciseof judgment, and unless the lack of any basis for the conclusions
Thirteenth Division, composed of i. Minerva P. GonzagaReyes, ponenle, and JJ., Arturo B. Buena, Chairman and Quirino D.Abad Santos, Jr., member.3CA Decision, p. 5; rollo, p. 62.4At pp. 11-12; rollo, pp. 145-146.5Nuguidvs. Court ofAppeols, 171 SCRA 213 (March 13, 1989).6Court of Appeals Decision, p. 6; rollo, p. 63.7GR. No. 112130, March 31, 1995; J. Flerida Ruth P. Romero, ponente.[8]G.R. No. 102253, June 2, 1995; J. Jose C. Vitug, ponente.2
CHICO-NAZARIO, J.:Before this Court is a Petition for Review on Certiorari under Rule 45 ofthe 1997 Revised Rules of Civil Procedure seeking to annul and setaside the Decision[1] and Resolution[2] of the Court of Appeals in CAG.R. CV No. 60450 entitled, Spouses Jose Lumbao and ProserfinaLumbao v. Spouses Virgilio F. Santos and Esperanza Lati, SpousesVictorino F. Santos and Lagrimas F. Santos, Ernesto F. Santos andTadeo F. Santos, dated 8 June 2005 and 29 July 2005, respectively,
deliver the title to the subject property because the entire propertyinherited by her and her co-heirs from Maria had not yet beenpartitioned.
No pronouncement as to costs.[12]
VI.THE APPELLATE COURT COMMITTEDA REVERSIBLE ERROR IN NOT FINDING THATRESPONDENTS[SPOUSESLUMBAOS]COMPLAINTFORRECONVEYANCEISDISMISSABLE (SIC) FOR NON COMPLIANCE OFTHE MANDATE OF [P.D. NO.] 1508, ASAMENDED BY Republic Act No. 7160.VII.THE APPELLATE COURT COMMITTEDA REVERSIBLE ERROR IN NOT FINDING THATRESPONDENTS [SPOUSES LUMBAO] SHOULD BEHELD LIABLE FOR PETITIONERS CLAIM FORDAMAGES AND ATTORNEY[]S FEES.
Section 408 of the aforesaid law and Administrative Circular No. 1493[15] provide that all disputes between parties actually residing in thesame city or municipality are subject to barangay conciliation. A priorrecourse thereto is a pre-condition before filing a complaint in court orany government offices. Non-compliance with the said conditionprecedent could affect the sufficiency of the plaintiffs cause of actionand make his complaint vulnerable to dismissal on ground of lack ofcause of action or prematurity; but the same would not prevent acourt of competent jurisdiction from exercising its power ofadjudication over the case before it, where the defendants failed toobject to such exercise of jurisdiction.[16]
While it is true that the present case should first be referred to theBarangay Lupon for conciliation because the parties involved hereinactually reside in the same city (Pasig City) and the dispute betweenthem involves a real property, hence, the said dispute should havebeen brought in the city in which the real property, subject matter ofthe controversy, is located, which happens to be the same city wherethe contending parties reside. In the event that respondents SpousesLumbao failed to comply with the said condition precedent, theirComplaint for Reconveyance with Damages can be dismissed. In thiscase, however, respondents Spouses Lumbaos non-compliance withtheaforesaidconditionprecedentcannotbeconsideredfatal. Although petitioners alleged in their answer that the Complaintfor Reconveyance with Damages filed by respondents spousesLumbao should be dismissed for their failure to comply with thecondition precedent, which in effect, made the complaint prematurelyinstituted and the trial court acquired no jurisdiction to hear the case,yet, they did not file a Motion to Dismiss the said complaint.
WITNESS:A.No, sir.Q. I am showing to you this document, there is a signature at theleft hand margin of this document Virgilio Santos, willyou please go over the same and tell the court whosesignature is this?A. I dont remember, sir, because of the length of time that hadpassed.
neverappearedbeforeApolinario Mangahas?
A. I dont remember.[20]
ATTY. CHIU:Q. Now, you said, Mr. WitnessVirgilio Santos, that you dont knowabout this document which was marked as Exhibit A forthe [respondents spouses Lumbao]?
In the case at bar, when the estate left by Maria had beenpartitioned on 2 May 1986 by virtue of a Deed of ExtrajudicialSettlement, the 107- square meter lot sold by the mother of thepetitioners to respondents Spouses Lumbao should be deducted fromthe total lot, inherited by them in representation of their deceasedmother, which in this case measures 467 square meters. The 107square meter lot already sold to respondents Spouses Lumbao can nolonger be inherited by the petitioners because the same was nolonger part of their inheritance as it was already sold during thelifetime of their mother.Likewise, the fact that the property mentioned in thetwo Bilihan ng Lupa documents was described as a portion of a parcelof land covered in Tax Declarations No. A-018-01674, while the subjectmatter of the Deed of Extrajudicial Settlement was the propertydescribed in Transfer Certificate of Title (TCT) No. 3216 of the Registryof Deeds of the Province of Rizal in the name of Maria is of no momentbecause in the Bilihan ng Lupa, dated 17 August 1979 and 9 January1981, it is clear that there was only one estate left by Maria upon herdeath. And this fact was not refuted by the petitioners. Besides, theproperty described in Tax Declaration No. A-018-01674 and theproperty mentioned in TCT No. 3216 are both located in BarrioRosario, Municipality of Pasig, Province of Rizal, and almost have thesame boundaries. It is, thus, safe to state that the property mentioned
in Tax Declaration No. A-018-01674 and in TCT No. 3216 are one andthe same.
Under the above premises, this Court holds that the Bilihanng Lupa documents dated 17 August 1979 and 9 January 1981 arevalid and enforceable and can be made the basis of the respondentsSpouses Lumbaos action for reconveyance. The failure of respondentsSpouses Lumbao to have the said documents registered does notaffectitsvalidityandenforceability. Itmustberemembered that registration is not a requirement for validity of thecontract as between the parties, for the effect of registration serveschiefly to bind third persons. The principal purpose of registration ismerely to notify other persons not parties to a contract that atransaction involving the property had been entered into. Where theparty has knowledge of a prior existing interest which is unregisteredat the time he acquired a right to the same land, his knowledge ofthat prior unregistered interest has the effect of registration as to him.
There is no dispute that the right to repurchase the subject lots wasawarded to Margarita Herrera in 1959. There is also no dispute thatMargarita executed a "Sinumpaang Salaysay" on October 7, 1960.Defendant NHA claims that the "Sinumpaang Salaysay" is, in effect, awaiver or transfer of rights and interest over the subject lots in favorof Francisca Herrera. This Court is disposed to believe otherwise. Aftera perusal of the "Sinumpaang Salaysay" of Margarita Herrera, it canbe ascertained from its wordings taken in their ordinary andgrammatical sense that the document is a simple disposition of herestate to take effect after her death. Clearly the Court finds that the"Sinumpaang Salaysay" is a will of Margarita Herrera. Evidently, if theintention of Margarita Herrera was to merely assign her right over thelots to her daughter Francisca Herrera, she should have given her"Sinumpaang Salaysay" to the defendant NHA or to Francisca Herrerafor submission to the defendant NHA after the full payment of thepurchase price of the lots or even prior thereto but she did not. Henceit is apparent that she intended the "Sinumpaang Salaysay" to be herlast will and not an assignment of rights as what the NHA in itsresolution would want to make it appear. The intention of MargaritaHerrera was shared no less by Francisca Herrera who after theformer's demise executed on August 22, 1974 a Deed of SelfAdjudication claiming that she is her sole and legal heir. It was onlywhen said deed was questioned in court by the surviving heirs ofMargarita Herrera's other daughter, Beatriz Mercado, that FranciscaHerrera filed an application to purchase the subject lots and presentedthe "Sinumpaang Salaysay" stating that it is a deed of assignment ofrights.19The Court of Appeals ruled that the NHA acted arbitrarily in awardingthe lots to the heirs of Francisca Herrera. It upheld the trial courtruling that the "Sinumpaang Salaysay" was not an assignment ofrights but one that involved disposition of property which shall takeeffect upon death. The issue of whether it was a valid will must firstbe determined by probate.Petitioner NHA elevated the case to this Court.Petitioner NHA raised the following issues:A. WHETHER OR NOT THE RESOLUTION OF THE NHA AND THEDECISION OF THE OFFICE OF THE PRESIDENT HAVE ATTAINEDFINALITY, AND IF SO, WHETHER OR NOT THE PRINCIPLE OFADMINISTRATIVE RES JUDICATABARS THE COURT FROM FURTHERDETERMINING WHO BETWEEN THE PARTIES HAS PREFERENTIALRIGHTS FOR AWARD OVER THE SUBJECT LOTS;
When the original buyer died, the NHA should have considered theestate of the decedent as the next "person"39 likely to stand in to fulfillthe obligation to pay the rest of the purchase price. The opposition ofother heirs to the repurchase by Francisca Herrera should have putthe NHA on guard as to the award of the lots. Further, the Decision inthe said Civil Case No. B-1263 (questioning the Deed of SelfAdjudication) which rendered the deed therein null and void 40 shouldhave alerted the NHA that there are other heirs to the interests andproperties of the decedent who may claim the property after a testateor intestate proceeding is concluded. The NHA therefore actedarbitrarily in the award of the lots.We need not delve into the validity of the will. The issue is for theprobate court to determine. We affirm the Court of Appeals and theRegional Trial Court which noted that it has an element oftestamentary disposition where (1) it devolved and transferredproperty; (2) the effect of which shall transpire upon the death of theinstrument maker.41IN VIEW WHEREOF, the petition of the National Housing Authority isDENIED. The decision of the Court of Appeals in CA-G.R. No. 68370dated August 28, 2003, affirming the decision of the Regional TrialCourt of San Pedro, Laguna in Civil Case No. B-2780 dated March 9,1998, is hereby AFFIRMED.No cost.SO ORDERED.Sandoval-Gutierrez, Corona, Azcuna, Garcia, JJ., concur.Footnotes1Rollo, at 8.2A Decree Creating the National Housing Authority and Dissolving theExisting Housing Agencies, Defining Its Powers and Functions,Providing Funds Therefor, and for Other Purposes, Presidential DecreeNo. 757, promulgated July 31, 1975.3Rollo, at 70.4Id.5It should be noted that a thumbmark is considered a valid signature.As held in Payad v. Tolentino, 62 Phil. 848 (1936): "The testator'sthumbprint is always valid and sufficient signature for the purpose ofcomplying with the requirement of the article. While in most of thesecases, the testator was suffering from some infirmity which made thewriting of the testator's name difficult or impossible, there seems tobe no basis for limiting the validity of thumbprints only to cases ofillness or infirmity."6Rollo, at 49.
Commander Abeng he with other Huks left Mt. Banahaw for Tiaong;that when they crossed the Osiw River already near Tiaong, they weremet by Pasumbal and Capino; that when they were at the outskirts ofthe town, he and the party were told by Commander Tommy to attackthe 8th BCT camp in Tiaong to prevent the sending of army help tothe town proper; that he took part in firing on the camp whichreturned the fire in the course of which he was wounded; and thatbecause of his wound he could not escape with his companions to themountains when the Army soldiers dispersed and drove them out ofthe town and so he was finally captured by said soldiers.As to defendants Pasumbal and Capino, their participation in andresponsibility for the raid was duly established not only by the goingof Pasumbal on November 12th to the mountains followinginstructions of Umali, and conferring with Commander Abeng askinghim to raid Tiaong and kill Punzalan, but also by the fact thatPasumbal and Capino in the afternoon or evening of November 14thmet the Huks at the Osiw River as the dissidents were on their way toTiaong and later Pasumbal and Capino were seen in the yard ofPunzalan firing at the house with automatic weapons and handgrenades.What about Umali? His criminal responsibility was also established,tho indirectly. We have the testimony of Amado Mendoza who heardhim instructing Pasumbal to contact Commander Abeng and ask himto raid Tiaong and kill Punzalan. The rest of the evidence is more orless circumstantial, but nonetheless strong and convincing. No onesaw him take part in the firing and attack on the house of Punzalan;nor was he seen near or around said house. Because of his importantposition as Congressman, perchance he did not wish to figure tooprominently in the actual raid. Besides, he would seem to havealready given out all the instructions necessary and he could well stayin the background. However, during the raid, not very far fromPunzalan's house he was seen in the lanzonesan of his father, holdinga revolver and in the company of about 20 armed men with HukCommander Torio, evidently observing and waiting for developments.Then he and his companions left in the direction of Taguan.Umali and Pasumbal, however, claim that during the raid, they were inthe home of Pasumbal in Taguan, about seven kilometers away fromTiaong where a consolation party was being held. There is ampleevidence however to the effect that they arrived in Pasumbal's homeonly around midnight. An Army soldier named Cabalona whohappened to be in Pasumbal's home arriving there earlier in theevening and who was invited to take some refreshments said that he
did not see the two men until they arrived about midnight when theArmy reinforcements from Lucena passed by on their way to Tiaong.Thus, we have this chain of circumstances that does not speak infavor of Umali, or Pasumbal for that matter. But this is not all. There isthe rather strange and unexplained, at least not satisfactorily,behaviour of Umali and Pasumbal that evening of November 14th.Assuming for a moment as they claim, that the two were not in Tiaongat the commencement of the raid between 8:00 and 9:00 p.m., andduring the whole time the raid lasted, and that they were all that timein the home of Pasumbal in Taguan, still, according to their ownevidence, they were informed by persons coming or fleeing fromTiaong that there was a raid going on there, and that some houseswere burning. As a matter of fact, considering the promixity of Taguanto Tiaong, a distance of about seven kilometers and the stillness anddarkness of the night, the fire and the glow produced by the burningof three houses and the noise produced by the firing of automaticweapons and the explosion of the hand grenades and bottles ofgasoline, could and must have been seen and heard from Taguan. Thenatural and logical reaction on the part of Umali and Pasumbal wouldhave been to rush to Tiaong, see what had really happened and thenrender help and give succor to the stricken residents, including theirown relatives. It will be remembered that the houses of the fathers ofUmali and Pasumbal were in Tiaong and their parents and relativeswere residing there. And yet, instead of following a natural impulseand urge to go to Tiaong, they fled in the opposite direction towardsCandelaria. And Umali instead of taking the road, purposely avoidedthe same and preferred to hike through coconut groves so that uponarriving in Candelaria, he was wet, and spattered and very tired. Hadthey wanted to render any help to Tiaong they could have asked thepolice authorities of Candelaria to send a rescue party to that town. Orbetter still, when the army reinforcements from Lucena sent at theinstance of Punzalan, who at about eight or nine that evening wasreturning to Tiaong from Lucena, found at the barrio or sitio ofLusakan near Tiaong that there was fighting in the town, heimmediately returned to Lucena to get army reinforcements to relievehis town, was passing by Taguan, where they were, Umali andPasumbal could have joined said reinforcements and gone to Tiaong.Instead the two continued on their way to the capital (Lucena) wherebefore dawn, they went and contacted Provincial Fiscal Mayo, a firstcousin of Umali, and Assistant Fiscal Reyes and later had these twoofficials accompany them to the Army camp to see Col. Gelveson, notfor the purpose of asking for the sending of aid or reinforcement to
because the premedition was for the killing of Punzalan. The resultwas the killing of three others intended by the raiders (People vs.Guillen, 47 Off). The killing may, however, be qualified by treachery,the raiders using firearms against which the victims were defenseless,with the aggravating circumstance of abuse of superior strength. Thethree murders may be punished with the penalty of death. However,because of lack of the necessary votes, the penalty should be lifeimprisonment.We deem it unnecessary to discuss the other points raised by theappellants in their brief.In conclusion, we find appellants guilty of sedition, multiple murder,arson, frustrated murder and physical injuries. For the crime ofsedition each of the appellants is sentenced to 5 years of prisioncorrectional and to pay a fine of P4,000; for each of the threemurders, each of the appellants is sentenced to life imprisonment andto indemnify the heirs of each victim in the sum of P6,000; and for thearson, for which we impose the maximum penalty provided in Article321, paragraph 1, of the Revised Penal Code, for the reason that theraiders in setting fire to the buildings, particularly the house ofPunzalan they knew that it was then occupied by one or morepersons, because they even and actually saw an old lady, the motherof Punzalan, at the window, and in view of the aggravatingcircumstances of nighttime, each of the appellants is sentencedto reclusion perpetua and to pay the indemnities mentioned in thedecision of the lower court. It shall be understood, however, thepursuant to the provisions of Article 70 of the Revised Penal Code theduration of all penalties shall not exceed 40 years. In view of theheavy penalties already imposed and their long duration, we find itunnecessary to fix and impose the prison sentences corresponding tofrustrated murder and physical injuries; however, the sums awardedthe victims (Lacorte, Ortega, Anselo, Rivano, Garcia and Lector), bythe court below will stand. With these modifications, the decisionappealed from is hereby affirmed, with costs.Pablo, Bengzon, Padilla, Reyes, A., Jugo, Bautista Angelo, Concepcionand Reyes, J.B.L., JJ., concur.


text:
Explore amazing deals on furniture and lighting at Furniture 123
Need to furnish your home on a tight budget? Check out the best deals on 100s of product from Furniture 123. T&Cs apply.
Last verified
Last updated:
Need to furnish your new home without breaking a bank? Check out our selection of the best deals and offers for Furniture 123 and make sure you snap up hundreds of products at the cheapest prices.
|Last checked
|Code description
|21 Dec 2019
|Explore amazing deals on furniture and lighting at Furniture 123
|21 Dec 2019
|Buy now pay later at Furniture 123
|21 Dec 2019
|Spread the cost with individual monthly plans
finder.com is an independent comparison platform and information service that aims to provide you with the tools you need to make better decisions. While we are independent, the offers that appear on this site are from companies from which finder.com receives compensation. We may receive compensation from our partners for placement of their products or services. We may also receive compensation if you click on certain links posted on our site. While compensation arrangements may affect the order, position or placement of product information, it doesn't influence our assessment of those products. Please don't interpret the order in which products appear on our Site as any endorsement or recommendation from us. finder.com compares a wide range of products, providers and services but we don't provide information on all available products, providers or services. Please appreciate that there may be other options available to you than the products, providers or services covered by our service.


text:
The goal of the project is the development of an overall strategy for reduction of turbidity/TSS, with sets of sediment reduction initiatives and actions for various sources, to address the Minnesota River Turbidity TMDL and the South Metro Mississippi River TSS TMDL.
The Discovery Farms program is a farmer-led effort to gather field-scale water quality information on different types of farms across Minnesota. The three pillars of the program are farmer leadership, credible research, and communicating results.
This project will quantify and qualify the effectiveness of herbicide treatments and native plant re-establishment at Duck Lake through systematic vegetative surveys pre and post herbicide application and following mid-summer die-off of curly-leaf pondweed. The data and analysis will ultimately be used in the development of TMDLs, implementation and protection strategies for other lakes in the Middle Minnesota Major Watershed.
The objectives of this study were to examine ditch sediment and water samples for the presence and numbers of E.coli and to determine what proportion of the E.coli were stable member of the microbial community (i.e. indigenous to the sites) and what proportion were likely transient or only present because of run-off. Researchers used sophisticated DNA technology to determine the potential sources of E.coli present in the ditch sediment and water samples.


text:
about -40 millivolts, the sodium-calcium channels become "activated," thus causing the action potential. Therefore, basically, the inherent leakiness of the sinus nodal fibers to sodium and calcium ions causes their self-excitation.
Why does this leakiness to sodium and calcium ions not cause the sinus nodal fibers to remain depolarized all the time? The answer is that two events occur during the course of the action potential to prevent this. First, the sodium-calcium channels become inactivated (i.e., they close) within about 100 to 150 milliseconds after opening, and second, at about the same time, greatly increased numbers of potassium channels open. Therefore, influx of positive calcium and sodium ions through the sodium-calcium channels ceases, while at the same time large quantities of positive potassium ions diffuse out of the fiber. Both of these effects reduce the intracellular potential back to its negative resting level and therefore terminate the action potential. Furthermore, the potassium channels remain open for another few tenths of a second, temporarily continuing movement of positive charges out of the cell, with resultant excess negativity inside the fiber; this is called hyperpolarization. The hyperpolar-ization state initially carries the "resting" membrane potential down to about -55 to -60 millivolts at the termination of the action potential.
Last, we must explain why this new state of hyper-polarization is not maintained forever. The reason is that during the next few tenths of a second after the action potential is over, progressively more and more potassium channels close. The inward-leaking sodium and calcium ions once again overbalance the outward flux of potassium ions, and this causes the "resting" potential to drift upward once more, finally reaching the threshold level for discharge at a potential of about -40 millivolts. Then the entire process begins again: self-excitation to cause the action potential, recovery from the action potential, hyperpolarization after the action potential is over, drift of the "resting" potential to threshold, and finally re-excitation to elicit another cycle. This process continues indefinitely throughout a person's life.
Was this article helpful?
This ebook provides an introductory explanation of the workings of the human body, with an effort to draw connections between the body systems and explain their interdependencies. A framework for the book is homeostasis and how the body maintains balance within each system. This is intended as a first introduction to physiology for a college-level course.


text:
The Moree's River Lodge is nestled on the bank of the historic Pee Dee River, a renowned fishing location. This two-story 8,000 square foot lodge includes three large bedrooms, a private boat ramp, and an extra large great room with a full kitchen to accommodate special events and occasions.
* Click on any image to view large photos


text:
Not to be all 'bah humbug' on you but I feel like a Scrooge when people don't maximize their time and get enough things done. Yes, you're busy (especially this time of year) but busy doing what? If you can learn one thing from Santa, it's that you need The List. Without it, important priorities,… Read more »
How To Find Your Perfect Practice Vision For 2020
Have you decided yet, what your New Year will bring? Of course, you say to me that there is still a lot of month left between now and the start to 2020. I get that. And I trust you will make the most of it. That said, it isn't too far into a year that… Read more »
Being Your Patients' Santa Claus
Ah, yes, it's only the week after Thanksgiving and the holiday flurry begins. Sure, it's probably already started long ago but with all of the activities, gifts, celebrations and festivities, there is just too much to fit into so little time. So, whatever you do for Christmas, Hanukkah, or your Holidays Season keep it fun… Read more »
What You Should Do Tomorrow (and Other Advice)
I hope you are enjoying your Thanksgiving celebration with your family or you are just tucked away maybe by a fire with a good book. I want you to try something for me, even though I'm very grateful for the fact that you read what I write, participate, respond, and share every week. It does… Read more »
What Are You Thankful For?
Is there another question that puts life into perspective like this one? This week, we are given a day to reflect on, be grateful for, and give thanks for all that we have (people, places, opportunities, health, and bounty of all kinds). As I will reference in many places 'this time of year,' for me… Read more »


text:
Home >> Residential Carpet Cleaning >> Bayview Village >> Move In Carpet Cleaning
Are you moving into a new place you just bought or rented? Or are you preparing a property to be rented and need pre-tenancy carpet cleaning? We can help.
For over 2 decades now, we have been offering top of the line carpet cleaning service in Bayview Village. We can deal with any job no matter how complex.
We are affiliated with a lot of landlords and real estate agents who trust us for their move-in carpet cleaning needs. Not only that but they also often endorse us. You can never be too sure how your property was cleaned before the keys were turned over to you when you move in.
If there's anything that's bothering you at all, make sure you have the carpets cleaned first before bringing in the furniture.
We have been doing move in carpet cleaning for a long time but each and every time we are still shocked by the amount of grime we end up cleaning. Even then, they will still insist that they had the carpets 'expertly cleaned' way before our clients started moving in.
It is hard to tell whether they did the real deep steam cleaning or the landlord essentially had it cleaned with just a regular vacuum cleaner. Getting the carpets cleaned before moving in goes past simple physical tidiness. It can also remove all allergens that could be hiding in the carpet strands. This could cause allergic reactions and skin irritations.
Old pet pee stains may, in any case, be lingering on the carpets. These can cause health issues as it carries unsafe microbes that will spread all through your new home. Other invisible organisms like dust mites and fungi can still be living in the carpets if they're not properly cleaned.
Having your property carpets cleaned is as basic as having the pre-loved furniture you bought cleaned. Because it looks clean doesn't mean it is 100% clean.
This is especially essential if you have children that are often crawling on the floor. They are the most exposed to whatever's breeding on the carpets.
Book now on (289) 312-0067 – Our staff are waiting to take your call!


text:
You get up to € 75 discount on your order consisting of:
- € 37.50 discount on single mattresses
- € 75 discount on double mattresses
Activate the promo code in the checkout.
Do you order a box spring including mattress? Then you will receive a 15% combination discount (you don't need to activate the code).
This promotion is valid until


text:
LIC Assistant Admit Card 2019 Released | October 31 Last Date To Download | Prelims To Be Held On October 30
Share with friends
LIC ADO Admit Card 2019 –
Life Insurance Corporation of India (LIC) has released the admit card of Computer Based Test (CBT) for Prelims Exam for the post Assistant. Candidates can download the LIC Assistant Prelims Admit Card 2019 through LIC official website
LIC Assistant Admit Card Link is also given below. Candidates can download the LIC Assistant Call Letter directly through the link given below from 16 October to 31 October 2019.
Direct Link: LIC Assistant Admit Card Download
LIC Assistant will be held on 30 and 31 October 2019 at various exam centres across India.
LIC has sent intimation for downloading LIC Assistant call letters through e-mail/SMS to the candidates.
How to Download LIC ADO Admit Card 2019?
LIC Assistant Prelims Exam consists of objective type questions from Reasoning Ability (30 Marks), Numerical Ability (35 Marks), and English Language/Hindi Language (30 Marks). The duration of the test is 1 hour.
LIC had invited applications for more than 7000+ post of Assistant for its various zonal offices across the country in the month of September. The last date for submitting LIC Assistant Applications was 01 October 2019.
Stay tuned to IndiaExam site for latest updates on the online filing and examination date! Make sure you follow us on Facebook and bookmark us!
Other posts by Rashmi Laroia
© 2011-2019, IndiaExam.in
SITE MAINTAINED BY tvich Technologies