The Scarlet Letter Essay -- Literary Analysis, Hawthorne

The aspect of personality in Nathaniel Hawthornes The Scarlet Letter seems to have been characterized to readers with having a mixed blessing. Rather than illustrating Nature in the typical Puritanical manner of the 1600s, that Nature is downright repulsiveness, tying Nature to the Black Man, Hawthorne uses a different approach. Instead, Nature is fairly two-sided in that it portrays damaging as well as somewhat therapeutic powers. The text heralds the positive attributes of Nature that the Puritans overlook or fear. Conversely, the text shows that aspects of Nature that help mankind withal harm him. The duality of Nature mirrors the complex inner feelings and dual temper of the novels characters. Nature represents the paradoxical juxtaposition of both good and evil in man, by showing both good and evil attributes in itself. Ultimately, Nature reveals mans inherent inability to be pure.By presenting a number of aspects of Nature that are beneficial to man, the text manages to d iscount the one-sided Puritanical view of Nature as an outright evil figure out. Nature provides both Hester Prynne and Arthur Dimmesdale with some feelings of switch and relief by giving each a sense of freedom from the oppression of society. For example, Hester, by living in a lonesome cottage, by the ocean shore, (166) a place representative of Nature, is able to invoke such thoughts dared to enter no other dwelling in New England (166). Her isolation from society amidst the liberating influence of Nature, releases her from the restrictions that determine what is acceptable to believe, allowing her mind to roam as freely as the wild Indian in his woods(203). Her estranged point of view, her fate and fortunes, in addition to her homely cottage by the se... ...he way her mother does is best. Also in her pursuit of truth, she fervently desires Dimmesdale to stand with her and Hester in the sunlight, unknowingly requesting that her father reveal the truth about the bond between th em all.Her quest for truth eventually leads her to pledge that she will grow up amid human joy and sorrow(251), ceasing to forever do battle with the world(251), and instead be a woman in it(251). The novel culminates its message of duality by showing the lawless child of nature embrace, in part, the morality of society. In order to live truth, Pearl moldiness hold on to her wild roots, while accepting a civilized future. She must free herself from the isolation of New England, but not give herself over to the complete lawlessness of the forest. She seems on the verge of living the message of the novel by accepting the duality of her nature.

Term African Slave Trade Essay examples -- essays research papers

When you think of the African slave throw, do you realize that over 10 whiz million million people were removed from that untarnished in less than 500 years? Some scholars believe it may be as large a enactment as 20 million.1 I would like to pose a few questions and attempt to answer them in this collection of writings and opinions. The evidence and historical documents testament show some of the economic and social impacts the Slave Trade had on the African continent.The first thing that needs to be established is just how many an(prenominal) slaves were brought to the Americas. This has proven to be quite difficult at best. There have been many scholars debate just this subject alone. As you will see, many hearty known scholars have problems justifying their own estimations or guesses. A quick study of Philip D. Curtins work From Guesses to Calculations Shows his writings ar a compilation of bits-n-pieces of information from previously thought of unimportant publishings . His sole purpose was to try to determine a more accurate account of the number of people brought over from what move of Africa and to what final location. He goes on to make it clear his findings should not be construed as being accurate or to be relied upon with any degree of proof but rather an accuracy range of about 20% approximations. It should also be understood that some estimates would not even reach that standard of accuracy. They are given as the most probable figures at the present state of knowledge. These considerations have made it convenient to round out most quantities to the nearest one hundred, including data taken from other authors...By the following chart you can see clearly the late eighteenth century was the apex of the slave craft, as described by Philip Curtin. You can clearly see that over 60% of all slaves delivered to the New World were brought over between 1721-1820. Eighty per cent of the intact were landed during a century and a half, 1701-1850. 2 I suppose one could find a similar spike in the sugar trade of the Americas, as well as the Rum exports from the colonies and the firearm exports from Europe.A variety of OpinionsOne conclusion that might be drawn is that, in reducing the estimated supply export of slaves from about twenty million to about ten million, the harm to African societies is also reduced by half. This is obvious nonsense.... ...rice of the transatlantic slave trade on Africa was absolutely devastating. Not only was there a massive shortage of young women and men especially, but also the future potential of the continent was essentially gone. Many of the young men and women would die before reaching the New World. Thus not being given the chance to hand down in the mouth their own culture to their children. Their culture was rarely a written culture, but an oral culture. A major factor that must be understood is what is called by some as the brain drain Which is considered a by-product of the Triangle Trade of the time. Craftsman, Warriors, politicians, Artist, Princes, Healers, Farmers, and Musician were all sent to be slaves by their enemies, both personal and political or even coincidental. All to serve the white masters on their sugar, cotton, and tobacco plantations on the other side of the world.5 Slavery does still persist. The reports of the get together Nations International Labor Organizations, the British Anti-Slavery Society, and the U.S. Department of State show there still is large margin of slavery going on in the northwestern (Mauritania) and in the Sudan region. The past isnt dead its not even past. 6

Abortion is a Necessary Alternative Essay -- pro choice abortion

Abortion is not as harmful as its opponents claim it to be. Instead of viewing abortion as murder, society as a whole must consider abortion as a necessary alternative. Abortion can save a womans life, physicall(a)y, mentally, and emotionally. In todays society, the following reasons clearly impact the abortion dilemma. First, the definition of life the anti-abortionists provide us with is self-contradictory. Second, abortions are safer than ever in the past. Third, abortions jock society avoid the challenges caused by unwanted children. Fourth, abortions benefit the mothers emotional life. Finally, abortion has its consent from the Bible. Therefore, abortion in the United States of the States should remain legal. The anti-abortionist argument can be very comfortably refuted because many professionals say that the biological or life argument the anti-abortionists use is wrong. According to embryologist Charles Gardner (Podell 64), the biological argument that a human being is creat ed at fertilization contradicts all that we have learned in the past few decades. Another embryologist, C. R., Austin notes (Kamm 212), fertilization does not confer genetic uniqueness -- this is achieved as a way out of the first meiotic division, which takes place just before ovulation. Although necessary DNA unequivocally exists for the first time at conception, C. R. Austin informs us that (Kamm 231), the information indispensable to make an eye or finger does not exist in the fertilized egg. It exists in the positions and interactions of cells and molecules that impart be formed only at a ulterior time. Besides, if anti-abortionists are claiming that ensoulment takes place at conception, then what happens when twins are born? They grow from the ... ... was introduced to man, man had morals these morals helped man distinguish what was right from wrong. America was built on morals based on Judeo-Christianity, thus, we were all created equal. America is a country where every one has the same rights. And one right, regarding bearing children, effect women. But for the anti-abortionists, who will hopefully be a little less narrow-minded and a little more compassionate, perhaps the argument provided in this thesis can help to provide a bridge or two across the gap between pro-choice and pro-life. Every woman deserves a right to choose an abortion. whole works CitedPatricia Lunneborg, Abortion A Positive Decision (New York Bergin & Garvey, 1992)Kamm, F. M. Creation and Abortion A Study in Moral and Legal Philosophy. Oxford University Press, 1992.Janet Podell, Abortion (Reference Shelf, Vol 62, No 4)

workers comp :: essays research papers

It shouldnt hurt to go to shape. But in 1998, nearly 6 million U.S. workers were hurt at work or became sick because of their jobs.Most working Americans know that they atomic number 18 protected by workers compensation laws if they are injured on the job. But many are unaware of the prominent role played by organized labor in securing these historic legal protections.Workers compensation laws became necessary at the turn of the century, when injured workers were faced with rising medical costs and lost time. In those days, an injured employee had to prove that the employer was at fault, due either to an unsafe workplace, lack of safe tools, flunk to warn of dangers or failing to furnish adequate help. If the employer was non at fault, the employee received no compensation. Even if the employer was at fault, the injured worker still could not recover if he was partly to blame, or if he knew of the risks beforehand, or if the in board was caused by a fellow servant. In most case s, injured workers received no compensation at all. Employees and their families faced financial ruin. And if a worker happened to overcome the legal obstacles and received money damages, the employer might be put out of business, be other employees their jobs. To remedy this unfairness, Labor struggled for the passage of workers compensation laws. Labor argued that an employer could pay for work injuries by merely raising the price of its crossing or religious service by a few pennies to purchase workers compensation insurance. In contrast, an employee bearing the cost of his own injury could become destitute. Labors battle cry was, "the cost of the product should bear the blood of the worker."The original model for workers compensation legislation was a compromise between business and labor. Employees gave up their right to sue for large jury awards in supervene upon for more modest but certain compensation for lost time, medical bills and permanency. Employers gave up their cozy system of fault-based liability in exchange for a no-fault system, but with limits on the amount of money they would have to pay their injured employees.Early workers compensation laws covered only hazardous industries, such as construction, demolition and mining.

Detriment of PSA Screening Essay -- Medical Research

Arguably the most essential and indispensable aspect of life history is the attainment and preservation of good health. Individuals with health-related complications are often prevented from leading what many would consider to be a normal lifestyle. One of the several ailments that impedes typical pitying functioning is prostate gland cancer. The community of experts and professionals who have dedicated their lives to this field of study are, at this time, engaged in a substantive yet divisive and potently opinionated dispute regarding a test considered by some to aid in the detection of this cancer. This highly scrutinized test is known as the prostate-specific antigen test, more usually referred to as the PSA test. In the fall in States and more broadly the world today, the prostate-specific antigen test yields little or no positive results while having the potential to move over damage and destruction and, therefore, should not be administered on a regular basis as a means o f detecting this form of malignancy. Cancer of the prostate has retained its place as the leading source of cancer apart from the melanomas and carcinomas of the skin. In addition, this disease is the second leading killer among men in the United States that pass away due to cancer.1(p164) What then is the reason for such a polarized dialogue concerning a simple diagnostic tool that is relatively painless and noninvasive? The discussion on this issue, although simmering throughout the scientific and medical fraternity for a lengthy period of time, was in fact brought to a boil and to the principal of the news in October of 2011 when a group known as the United States Preventative Services Task Force released their findings on the issue. The USPSTF report, considered to be... ...versy reignites over-screening debate. PBS News hr Website. 2011. http//www.pbs.org/newshour/rundown/2011/10/psa-testing-controversy-reignites-over-screening-debate.html Accessed March 13, 2012.4.Parker-Po pe T. Prostate cancer screening shows no benefit. New York Times Online. 2012. http//well.blogs.nytimes.com/2012/01/06/embargoed-no-benefit-from-prostate-cancer-screening/ Accessed March 13, 2012.5.Cauley DH. Chapter 150. Prostate Cancer. In Schwinghammer TL, Koehler JM, eds. Pharmacotherapy Casebook A Patient-Focused Approach. eighth ed. New York McGraw-Hill 2011. http//www.accesspharmacy.com/content.aspx?aID=55624057. Accessed March 13, 2012.6.Allan GM, Chetner M, Venner P, et al. Furthering the prostate cancer screening debate (prostate cancer specific mortality and associated risks). Can Urol Assoc J. 2011 5(6)416-421. DOI 10.5489/cuaj.11063

Detriment of PSA Screening Essay -- Medical Research

Arguably the most essential and indispensable aspect of emotional state is the attainment and preservation of good health. Individuals with health-related complications are often prevented from leading what many would consider to be a normal lifestyle. One of the several ailments that impedes typical gentle functioning is prostatic cancer. The community of experts and professionals who have dedicated their lives to this field of study are, at this time, engaged in a substantive yet divisive and potently opinionated dispute regarding a test considered by some to aid in the detection of this cancer. This highly scrutinized test is known as the prostate-specific antigen test, more usually referred to as the PSA test. In the joined States and more broadly the world today, the prostate-specific antigen test yields little or no positive results while having the potential to buckle under damage and destruction and, therefore, should not be administered on a regular basis as a means of detecting this form of malignancy. Cancer of the prostate has retained its place as the leading source of cancer apart from the melanomas and carcinomas of the skin. In addition, this disease is the second leading killer among men in the United States that pass away due to cancer.1(p164) What then is the reason for such a polarized dialogue concerning a simple diagnostic tool that is relatively painless and noninvasive? The discussion on this issue, although simmering throughout the scientific and medical fraternity for a lengthy period of time, was in fact brought to a boil and to the header of the news in October of 2011 when a group known as the United States Preventative Services Task Force released their findings on the issue. The USPSTF report, considered to be... ...versy reignites over-screening debate. PBS News minute Website. 2011. http//www.pbs.org/newshour/rundown/2011/10/psa-testing-controversy-reignites-over-screening-debate.html Accessed March 13, 2012.4.Parker-Po pe T. Prostate cancer screening shows no benefit. New York Times Online. 2012. http//well.blogs.nytimes.com/2012/01/06/embargoed-no-benefit-from-prostate-cancer-screening/ Accessed March 13, 2012.5.Cauley DH. Chapter 150. Prostate Cancer. In Schwinghammer TL, Koehler JM, eds. Pharmacotherapy Casebook A Patient-Focused Approach. eighth ed. New York McGraw-Hill 2011. http//www.accesspharmacy.com/content.aspx?aID=55624057. Accessed March 13, 2012.6.Allan GM, Chetner M, Venner P, et al. Furthering the prostate cancer screening debate (prostate cancer specific mortality and associated risks). Can Urol Assoc J. 2011 5(6)416-421. DOI 10.5489/cuaj.11063

Apollo 11 Mission

Apollo 11 Mission The Apollo 11 mission was the first man mission to land on the moon on. The Apollo 11 team left Kennedy Space Center on July 16, 1969 at 1332UTC. The missions team included bider Neil Alden Armstrong, Commander staff Pilot Michael Collins and lunar Module Pilot Edwin Eugene Buzz Aldrin Jr. After being in orbit for 72 hours, Armstrong and Aldrin climbed into the Lunar Module, named the Eagle, and prepared for their dusk to the Lunar draw close. The Lunar Module Eagle consisted of two parts the descent branch and the ascent stage.The descent stage had the engine used to land on the Moon, four legs, a storage area for experi mental gear and a ladder for the crew to climb down to the Moons surface. The descent stage module also served as the launch platform for the ascent stage module when it was time to leave the Moons surface and reunite with the Command Service Module. The two Apollo 11 astronauts landed on the Moon at 418pm EDT on July 20, 1969 at a site calle d Mare Tranquillitatis. This site was elect for many factors which included smoothness, approach, propellant requirements, free return, and slope.The Lunar Module was equipped with cameras that would provided live television coverage of Armstrongs first steps onto the moon at 1056pm EDT and proclaimed Thats One Small Step for Man, One Giant Leap for Mankind. At 1116 p. m. EDT, Buzz Aldrin stepped come on of the Lunar Module and joined Neil Armstrong on the Moons surface. During the time the astronauts were on the surface of the Moon they collect about forty- seven pounds of Lunar surface materials. This material was collected for later analysis by scientists rearward on farming.Armstrong and Aldrin stated in communication with Houston that they notice that the Moons gravity was very different than that on body politic. They had to move slowly by leaping of hopping with both feet to keep their balance. Some of the items the astronauts left on the Moons surface were an American fl ag as a reminder of their accomplishments, a disc that contained 73 messages from around the world, a patch from Apollo 1, medals from Russian cosmonauts, and the U. S. symbol that was an eagle carrying an olive branch.The two astronauts were on the Moon for about 2 hours 30 minutes before successfully connecting back with the command ship. After the successful landing, walking, and return to the command ship, Armstrong, Collins and Aldrin prepared for the sex back to Earth after spending 128 hours in space. The decent to Earth took place on July 24, 1969. The astronauts landed in the Pacific Ocean east of erupt Island 195 ? hours after launch. Armstrong, Collins and Aldrin were than quarantined due to landing on the Moon and also the fear that they may have brought back some undiscovered pathogens spell they were there.After a three week long quarantine the astronauts were released. On August 13, 1969 the three astronauts excited to be released were met by crowds of cheering Ame ricans. There were parades to recognize the astronauts in cities like impertinent York, Chicago and LA on the same day of their release from quarantine. Apollo 11 mission objective was accomplished. They had safely landed men on the Moon and brought them back to Earth again. This mission made many things possible for the future of space travel and what was to come. Works Cited Apollo 11. Lunar science and exploration.Lunar and Planetary Institute. 26 Sept. 2008 . This website source offered the detailed information of the whole Apollo 11 Mission from the take off to the landing on the Moon and back to Earth again. The specifics of every aspect of the astronauts activities such as experiments, the first steps, details on the landing sites. There were also a variety of pictures of the Apollo 11 Mission and its crew. I ensnare this site very useful because of the great amount of detailed information about what the astronauts went through and how long it took them to complete this m ission. Apollo 11. Science Channel. Comcast Cable. 99, Rockford. 28 Sept. 2008. During this sprinkle you witnessed the Apollo 11 crew member Neil Armstrong making his first steps and the famous words that were spoken One small step for man one heavyweight leap for mankind. It was amazing to see the actual footage from the original broadcast of the first steps on the Moon. I found it exciting to be transported to the actual essence in history. Garner, Joe. Apollo 11 MAN WALKS ON MOON. We Interrupt This Broadcast.By Joe Garner, Walter Cronkite and Bill Kurtis. Naperville, IL Sourcebooks, 1998. 68-72. The area of the book that pertained to Apollo 11 Mission told of the take off from Earth and the close call when landing on the Moon. Many of the details in this book were covered more thoroughly in my other resources. There was precisely one fact that I obtained from this book that was not mentioned in anything else I had read, that was about the plaque left on the Moon. Weaver, Ke nneth F. The Flight of Apollo 11. National Geographic Dec. 1969 752-87.This term tells of the landing in great detail, the events that took place while on the Moon as well as the technology that was used on Earth and in space for this mission. Also included in this article was how this feet had changed the outlook for the future of space travel for the better and how landing on the Moon and safely locomote to Earth. I found this article to be one of the most informative resources I used in writing my paper. Wilford, John N. MEN WALK ON THE MOON. New York Times 21 July 1969 1-2. This newspaper article told the readers about Armstrongs first steps on the Moon.Also it told of the items collected from the Moons surface for future scientific experiments back on Earth. Finally the article told of the Presidents words of congratulations and pride in the accomplishments and advancements the astronauts made in the vision of future and in peace for all mankind. The New York Times newspape r article summarized key points of the Apollo 11 Mission which informed millions of people that may have missed the broadcast of the events on July 21,1969. I found this newspaper showed how important the Apollo 11 Mission was to the world and how this event changed history.

International Policing

International policing is a form of cooperation among many countries with the main aim being to safeguard the security rice beers of the various partner countries. International policing has been employ fro many years especially after individual countries realized that it was somewhat difficult to manage all their borders solely. This paper looks at boundaries of internationalistic policing, to what extent it is relevant and how it stick out be applied an makeupal setting (Daniel. 2001).International policing plays a key role in the prevention and control of international criminal offenses like medicate trafficking, piece trafficking, illegal immigration, incidents of terrorism and other crimes that take place across borders. International policing has thus been justified by the dire need to control the overwhelming cases of crime in the international arena (Hilary. 2005). There are three main forms of international policing that are widely recognized and implemented the wor ld over.The first champion is where societies organize themselves in such manner that goes beyond the local boundaries of the country. This usually comes about as a result of influence from economical and political changes. The back form of international policing is whereby police officers in their capacity as police officers while on duty in transnational activities. It could be on an experience or investigative duty. The third category is institutions of police officers in various countries collaborate with officers from another country.These collaborations bring about unions which may be permanent or temporary depending on the purpose of their formation (Mathieu. 2010). Looking at the concept of international policing through the years, it has been observed that police officers prefer working on their receive on a unilateral basis without having to collaborate with other officers from foreign countries. This means that transnational policing still remains the most popular for m of international policing in the police force.It has also been noted that collaboration among police officers at the international level is quite limited and is only used when need arises. third is that any time police officers in different countries engage in collaborative measures no permanent forces are formed. Instead communication and exchange of info among the various organizations of police are done through headquarters and use of technology to relay information from one center to another (Beth. 2009).Some of the key issues that gain ground international policing effective is the development of a society in terms of organizational policing and making crime a matter of international interest. International policing can also be applied in an organizational context. For example one department of an organization say, the finance department can collaborate with the procurement of the organization for the harmonious and smooth running of the organization. Similarly one departme nt of an organization can collaborate with another department of another organization for the best interest of both organizations (Daniel.2001). Despite the various challenges that international policing has faced over the years, it is slowly emerging to be one of the best ways of ensuring security across border. mixed countries have to come to accept that it is difficult to be self sufficient when it comes security especially at the borders (Mathieu. 2010). It is only through international policing that crimes like drug trafficking, trafficking of human beings, acts of terrorism and cases of illegal immigration can come to an end.All countries must therefore embrace international policing as it is the only way out in combating transnational crimes. References Beth, Greener. (2009). The freshly International Policing, Global Issues, Palgrave Macmillan. Daniel J. et al (2001). International Police Cooperation A World Perspective, Lexington Books. Hilary. Charles worth & C. M. Chinki n. (2005). The boundaries of international law a feminist analysis. New York Sunny Press. Mathieu. Deflem. (2010). Policing world society historical foundations of international police. New York SAGE

Client Relationship Management (CRM) Essay

IntroductionThe abbreviation CRM is Client Relationship Management and outlined as it is a process to create a solid relationship with the client and to know all the more about the client needs. Stronger associations with the clients will stand by in the improvement of the business. This process also helps to customer by getting the information about customer needs and what they desires from reputed company. CRM makes the utilization of innovation and human assets for the cash advance of the business. By actualizing CRM Better client judicatory might be given (Avinashramana).Figure 1 CRM relationship and Management (James D. Mckeen)Minitrex Company HistoryMinitrex is an governing with 2 real divisions including finance and insurance. George Degas is the chief of offers at Minitrex, thinks about the correspondence issue happened in deals group, in light of the fact that there is no playact together client correspondence framework. , Jon Bettman designated as VP of promoting, ei ghteen months prior, to bring together the client correspondence focus which will be useful to throw a fit the offers of the fundamental law in cross and up bearings. Anyhow the thought is not executed, in view of absence of coordination between Harold Blumfen, VP of insurance, and the VP of financing, Mariella Hopkins. Insurance is a high benefit segment, which is utilizing mention organization framework to track the client charging. Blumen accepts that machines respect store selective information yet fuckingt swap persons for client learning and backing. Hpokins is an IT aficionado, who needs to modernize IT framework, to bring about a significant improvement.Figure 2 CRM representation (James D. Mckeen)Harold Blumfen, VP of insurance, is a real benefit creator for Minitrex. His division utilizes a credit organization framework, which is created more than twenty years prior to track client billings and installments and a general administration framework to stay informed regar ding which items a client has brought and what administrations the client is qualified for. Both are in a general sense backend frameworks. For front end they areutilizing their own particular documentation. Mariella Hopkins, VP of financing, has effective involvement in managing an account division, subsidized the improvement of administration business focus action, to join together enormous keeping money administrations with little organization adaptability.This application demonstrations as an online client self administration framework, by which clients can get explanations and financing online and can get credit sanction immediately. Organization can utilize this application for client following. By co-ordinating the usefulness and client data of credit organization framework general administration frameworks and administration business focuses organization can expand its cross deals by creating the unified client contact framework Due to these reasons Denny Khan, chief of IT said, without collaboration of insurance and money Beltman cant attain collective client contact data framework.CRM at Minitrex1. Explain how it is possible for someone at Minitrex to call a customer and not know (a) that this is a customer and (b) that this is the leash time this week that they had been called? Minitrex deals group didnt have entry to client data of protection and account divisions which are significant lines of organization. Absence of data causes this issue. Deals group is not by any means upgrading their information base. In light of these two reasons, somebody at Minitrex called n existing client and third time in same week.2. Outline the steps that Bettman must take in order to implement CRM at Minitrex. In your plan, be sure to take people, processes, and technology As per Khan Analysis, none of the VPs assign committed business lag and plan to new framework. The execution of a client relationship administration (CRM) result is best treated as a six-stag e methodology, moving from gathering data about your clients and preparing it to utilizing that data to enhance your showcasing and the client experience.Stage 1 stash outdoor(a) dataThe necessity ought to be to catch the data we have to recognize the obliged client contact data, with restricted offering over the groups according to gage approach. Data ought to incorporate clients and order their conduct. Those organizations with a site and online client administrationhave favorable element as clients can enter and keep up their own particular subtle elements when they purchase.Stage 2 Storing dataThe best approach to store and deal with your client data is in a fond database an unified client database that will permit you to run all your frameworks from the same source, guaranteeing that everybody uses avant-garde data.Stage 3 Accessing dataWith data gathered and put away midway, the following stage is to make this data accessible to staff in the most helpful arrangement.St age 4 Analyzing client conductUtilizing information excavation instruments within spreadsheet programs, which examine information to recognize examples or connections, you can start to profile clients and create deals methods. Stage 5 Marketing all the more successfullyNumerous organizations find that a little rate of their clients produce a high rate of their benefits. Utilizing CRM to addition a finer understanding of your clients necessities, goals and distinguish toward yourself, you can remunerate and focus on your most significant clients.Stage 6 Enhancing the client experienceGenerally as a little gathering of clients are the most beneficial, a little number of griping clients regularly takes up an unbalanced measure of staff time. In the event that their issues could be recognized and determined rapidly, your staff will have more of an opportunity for different clients.ReferencesAvinashramana (2014, 09). CRM at minitrex. StudyMode.com. Retrieved 09, 2014, from http//www. studymode.com/essays/Crm-At-Minitrex-50337471.html, Customer Relationship Management, retrieved September 20th, 2014, from http//www.studymode.com/essays/Customer-Relationsihp-Management-84388.html James D. Mckeen and Smith, H.A., Making IT Happen, Wiley UK, Chichester, UK, 2003, p. 124)

Bahamian environment Essay

Question Littering and irresponsible disposal of garbage by humans is destroying our Bahamian environment. In order to define the flocking we must first define the joint litter. Litter refers to different waste products such as containers, papers, and wrappers that have been disposed onto streets, yards and remote atomic number 18as. This means littering is the pollution of our environment by different litter waste. Littering non only destroys our bonnie Bahamian environment but it also affects wildlife, human health and the economy. Littering and irresponsible disposal of garbage in our environment is a very(prenominal) important issue, which many people overlook. Although people know littering is an illegal act, many continue to carelessly scatter their trash around nonetheless. Litter creates toxins and pollutants that are catastrophic to our environment. When Bahamians throw supply bottles and cigarettes in bushes and along the roads the sun reflects off of them, resultin g in a fire igniting.The smoke from the fire will soon look at the air, slowly polluting and destroying the atmosphere. Litter is harmful to wildlife also. They may ingest the plastic and paper then suffer from serious illness. Small animals crawl into bottles and jars looking for food and may become stuck and slowly thirst to death. Littering not only affects land creatures but marine life as well. Many marine animals confuse plastic bags, balloons, slang packets, candy wrappers and rubber with prey and eat them. Plastic bags and balloons floating in the water look like jellyfish. Turtles often eat them and choke or starve to death because they have so much plastic in their stomachs. In addition, illegally dumped items containing hazardous waste can harm the environment and have a potentially negative impact on human health.Food, packaging, and other materials left to rot provide a fertile breeding ground in which bacteria thrives, resulting in a health hazard for those that co me into contact with it. Litter can also create safety problems, with items such as broken glass bottles and metal cans having the potential to cause injury to anyone that steps or falls on it. In the Bahamas, mainly in Freeport we experience many bush fires. When pollutants are left in the air we as humans inhale them, this contaminated are travels to our lungs which slowly kills them. Furthermore, littering can widely affect the economy. Due to animals consuming litter and dumping they sooner or later die.Because these animals are dying they will very shortly become extinct. With no marine life and wildlife, the Bahamas will draw back it main attraction which is its beautiful coral reefs and sea creatures. With no tourists coming to see these attractions, the economy of the Bahamas will soon fall dramatically all from littering and pollution. Littering is an passing important issue in Bahamian society that should not be overlooked. It can affect the Bahamas in ways such as envir onmental, economic, health and wildlife. Our beautiful country is filled with many undiscovered wonders let us not kill them by failing to do such a small action. draw garbage in the trash and not the sea keep litter in your hand and not on the land. So remember Keep the Bahamas clean, putting surface and pristine.

Is the United States winning the war in Iraq? Essay

Is the unite States benefitning the state of war in Iraq? warfare is a word that brings a sad feeling in the minds of listener. This word is associated with fight, blood, death, miseries, pain and trouble for many only when war is also associated with winning, freedom, and authority. Iraq is a actually sm completely country as compare to United States of America, but having a tradition of love for expansion, power and control. On the otherwise hand United States of America, the only existing super power after cold war but seriously threatens by terrorist, expansionist and extremist forces of the land after attacks on twin towers in 2001.US has launched war against terrorism as a counter measure to curb above mentioned forces and attacked Afghanistan which was favored by most of the countries like Britain, Nato Countries etc. Attack on Iraq was also a continuation of War against terrorism delinquent to charges of human rights violation, coalition and support to extremist and t errorist groups coupled with construction of weapons of mass remainder. Iraq was facing sanctions after Iraq Kuwait war in 90s its economic conditions were severely awful.Being a country with plenty of natural resources Iraqi people were suffering from economic recession, political aggression, and poor foreign relations. Iraqi ruler was a dictator having tradition of violating human rights. These issues were not only a threat for United States but to both peace benignant forces of the world. All the above facts paved flairs for a new turn in War against terrorism. President Bush said it clearly in an hearing with MSNBC that Americans did not start war against terrorism but we will win it (Bush, 2004) According to American lobby they are victims rather than slaughterers.America attacked Iraq to safe themselves and all the people of the world because if those weapons of mass destruction will left with Iraqi regime then no individual in any part of the world will be safe. It seem s reasonable to the world. Therefore it gained favor from majority of nation and their population. Thomas Donnelly, a resident fellow at the American Enterprise land (AEI) said The American and coalition forces invasion was justified and paved modes to a new age of democracy and justice in Middle East. Iraq claimed that all claims made regarding weapons of mass destruction are bogus and America attacked Iraq because of American strategy to take control over Iraqs oil reserves and meliorate land. It will also expire ways towards a solid position in Asia and will helpful in curbing down China. The war started and is slake going on and according to officials will not obliterate in near future. Is America winning war in Iraq need many other questions to address for having a clear, unbiased and logical reasoning like what war in Iraq has given United States specifically and to the world generally?War in Iraq brought peace and harmony in the world. It gives strength to the peace lo ving forces of the world and shows all the dictators and extremist forces of the world that human lives are most important assets and United States of America will not let any one play with not guilty souls of innocent civilians. Taking Sadam Hussains into American custody gives end to an era of violation, obsession, and victimization. It also convey message to the world that justice is s process prevailing in the society.On the other end war in Iraq was fought to save lives of innocent civilians of the world from cruel weapons but the weapons used in Iraq by united forces and America were also cruel because they were also not able to differentiate mingled with terrorist, and innocent people when they explode in markets and civilian places of Iraq. Innocent people were dead due to the attacks in Iraq in fact they are still dying. In these innocent people not only Iraqi civilians are included but it also included all those military officials and soldiers those were dead in Iraq due to the counters attacks and gorilla fights between Iraqi people and United Forces.These soldiers were sent to Iraq on a war that was started to reduce miseries, trouble and pain in lives of 9/11 victims families but now their families are suffering with same pain, trouble and miseries of loosing their loved ones. Strategically if one calculates what United States is spending in Iraq till today, it will be equal to millions of dollars and if that money will invest on welfare activities it will resulted in better outcomes. The war in Iraq asks a very important question to all peace loving nations that Is war a solution of all problems? Is life of American those dead in 9/11 and other terrorist attacks are more important than lives of Iraqi and Afghani civilians? Even if America is still not able to prove it claims regarding presence of weapons for mass destruction in Iraq. Is an attack on twin towers is more vital than several attacks on Iraq? No. Definitely not and this is what gene ral consensus is started to develop among neutral actors inside(a) and outside USA. Vast majority in United States of America is feeling that the cause of war against terrorism was correct, genuine and need of the time but the way it was fought should be different.Because if we critically analyze the current bureau we will feel that War in Iraq gave us nothing except lesson that Any War that is fought with weapons give nothing except pain to both winners and losers. This concept is enforce by the decision of American nation to giving votes to the democrats in recent alternatives rather than republicans those election campaign revolves around the effects of war in Iraq and Afghanistan on American nation and the future of war on terror.The war in Iraq was started around tercet years back and no body knows when it will end. Apparently Sadam Hussain and his allies are in custody, Iraq has American and Coalition forces deputed for peace keeping but at that place is also a doubt that this war is leading towards the same situation that has happened with USSR for America. No one can guarantee that any course of action in Iraq at this point will stop sectarian warfare, growing violence, or a slide toward chaos. If current trends continue, the potential consequences are severe.(The Iraq probe root get over December 2006) because world has seen the what has happened with USSR in Afghanistan, how Afghanis threw them out of their country after more than 8 years and as a result USSR itself was vanished from the map of the world. The solution for this situation is address by Iraq study group in their recent report Our most important recommendations call for new and enhanced diplomatic and political efforts in Iraq and the region, and a change in the primary mission of U. S. forces in Iraq that will enable the United States to begin to move its combat forces out of Iraq responsibly. (The Iraq study Group report December 2006) The war in Iraq is a war between ideologie s, it is a war between rights and wrong, it is a war between justice and inclemency but the American Nation as one unit need to develop consensus towards the future strategy against war in Iraq because it will not end unless it will be fought on all possible grounds rather than military and force because weapons can only create destructions, they can only win lands but not hearts of people and United States of America has a tradition of winning hearts with love, sympathy and understanding.Therefore it is essential to understand that This sputter must be fought with ideas and undertaken not just by the political leadership and the military but also by all levels of government including diplomatic, informational, economic, social and heathenish mean. (Effect based operations and counter terrorism, pg 27). The conclusion of the prolong war lies in self assessment and self realization. It includes re enamouring our strategy and reassessing our goals.The targets are many but the way t o achieve them is still ambiguous. The elite leadership of Al Qaeda and Taliban are still out of reach of United States. The strategy need to device by means of cooperation and collaboration on diplomatic and political fronts to support self sufficient and democratic Iraq where freedom and respect will prevail because peace and harmony in America cannot be kept at sake of Iraq.BIBLIOGRAPHY1.Effect based operations and counter terrorism, Air & Space Power Journal fall 05, 2005, Diane Publishing, pg 129 2. Bush clarifies view on war against terrorism We will win, just not in conventional way, NBC, MSNBC and news services, national journal. com, Aug. 31, 2004 retrieved on Nov 20th 2006 from http//www. msnbc. msn. com/ID/5865710/ 3. Executive summary of The Iraq study Group report December 2006 4. Iraq transition to power retrieved from http//www. cnn. com/2006/POLITICS/10/23/iraq. poll2/index. html on 15th Dec 2006.

Nietzsche and Foucault

Both Nietzsche and Foucault have similar ideas ab a commission the genealogy of penalization. On the one hand, Nietzsche argued that the initial public displays of punishment arose out of our basic primal instincts to see the wrongdoer punished in a public manner so everyone who wanted to see their suffering (and according to Nietzsche this rabble was composed of anyone who didnt repress their instincts and urges) could do so. Foucault, on the other hand, presents his account as a genealogy.His genealogy gives us an account of the shift from the old method of self-directed office staff towards the modern method of disciplinal office. In the older system of punishment, the baron to execute and punish was held absolutely by the sovereign, and all public displays of punishment were displays of the sovereigns power over their subjects.In the modern system, this power relation between the state and the respective(prenominal) still exists, but is done so in a much more private way. Punishment now takes place behind closed doors, giving rise to the birth of prisons and correctional facilities, exhibiting a more disciplinary power. In other words, the system of punishment shifted from public displays of the sovereigns power over their subjects to private rehabilitative processes meant to change the criminal back to normal standards of society.In this test I exit explain each of the philosophers ideas about the shift in the method and purpose of punishment, and I will explore how Nietzsches genealogy of morals could supercharge account for this shift. Foucaults investigation into punishment and the origin of punishment begins with his exploration into why people in society conform to standardized norms and how certain institutions correct peoples diversion away from those norms through exercising their power.He explains that this corrections have been historically carried out in the form of two different types of power sovereign power and disciplinary power. In Discipline and Punish, Foucault asserts that sovereign power is held by the leader or ruler of the land and the subjects, historically residing in the form of a world power or other monarch, and the subjects of much(prenominal) a sovereign are made to abide by their laws and regulations.When a subject breaks a law, their punishment is characterized by essential violence and made to be very public (DP, 7). The execution or punishment itself is to the highest degree often carried out by a state-appointed executioner, working as a direct representative of the sovereigns power in order to further dissuade the public witnessing the execution of committing other crimes (DP, 9).Around a hundred old age later, there was a shift away from these public displays of power and violence to a more corrective and rehabilitating process. Foucault defines disciplinary power as the power to occur a wrongdoer to the normative standards of society (DP, 179). As the years go on, power is taken away from a central body and is exhibited through institutions such as schools, prisons, and hospitals where power and knowledge is maintained through the sciences (e.g. psychology, sociology, and psychiatry) rather than laws.This new form of power is exercised over the individuals soul rather by disciplining their body (DP, 30). In other words, these new houses of power prefer a correctional approach in order to rehabilitate the wrongdoer and cut down on the come of individuals not adhering to the norms of society (DP, 19).By doing this, disciplinary power and punishment is exercised over subjects through hierarchical observation, correcting individuals based off of an accepted norm (DP, 171, 183), and examination, which is characterized by the group meeting of observation and normalizing in order to more fully understand the actions and thought-process of the individual, thereby gaining more power over them (191).Foucault further argues that this shift from sovereign to discipli nary power was instantiated by evolution of power the state held (or wanted to implement) over its subjects. The new Enlightenment system of punishment that emerged in the early 19th century, although on its eccentric seems to be a reaction against the old system of linking together punishment with violence and spectacle is in fact just a new system of power for the state and a new way of exercising control over its subjects.This new system is supposed to be a more humane way of dealing with offenders it is meant to be seen as a cure in fact however, the opposite is true no long-range is it intended to punish the individual, rather it is put together up to supervise and observe the individual. This system of disciplinary power is no longer torturing the body, rather it is characterized by the deprivation of some sort of rights and liberties, most often by housing them in some sort of correctional institution.However, for Foucault, this does not remove the harm and injury of cor poral punishment for to deprive an individual their rights and freedoms is to inflict a different form of pain. With this current form of punishment, the State has shifted its power into the shadows so to speak.It has distanced itself from grand, gruesome public displays of its power to a more nuanced and clandestine system of private punishment that no longer sates the bloodlust of the crowds that used to watch the executions (because as we will see with Nietzsche, people began to suppress their natural instincts around the conviction of the slave-morality revolt) but rather focuses its energy on the degradation of the offenders soul.In his Geneology of Morals, Nietzsche presents his view of how morality (and through that, punishment) has developed over the course of history. Retributivists assert that the essential spirit of punishment is contained in the fair and equitable deserts it presents the guilty offenders with.To this, Nietzsche claims that this punishment did not come from the thought that the crimes of the guilty must be punishedin fact, he claims that this judgement is a rather late form of human observation and condemnation. Punishment, in Nietzsches mind, came about as the will of the masters over the slaves, to alter them to experience and revel in the feeling of condemning someone and being able to abuse someone beneath them.In other words, punishing a wrongdoer was a right of the masters to engage in mercilessness, something that was viewed as a positive trait. However, these values changed after the emergence of Christian ressentiment which flipped the cruelty exhibited by the masters before from something good to something evil this taught man to be ashamed and to rule in his primal instincts (those of the masters) which told him that cruelty and abuse was essential to a happy life. in the lead this reversal, humans celebrated our cruel instincts Without cruelty there is no festival thus the longest and most ancient part of human his tory teachesand in punishment there is so much that is festival( Nietzsche, Genealogy , essay 2, section 6). Nietzsche believed that punishment as it was supposed to be practiced in the days of the masters is no longer how it is actually practiced in modern society.This is because if punishment still represented the sovereign power (as Foucault would put it) of those who punished, we would no longer punish. Originally, punishment came about as the direct expression of the will of the powerful (what Foucault called the sovereign). However, in our modern society, a change has taken places and the roles in punishment have been reversed.Being powerful in ancient times was likened to being cruel and happy being powerful nowadays is the ability to suppress those instincts, to reject cruelty and through that, punishment. Being able to punish is no longer an act of power over those beneath you those who now punish are alike frail to be able not to punish.This Christian ideal of ressentimen t irrevocably changed who punished and what punishment actually is. Those who are now the punishers take punishment as not being the imposition of their will over those weaker than them but rather as the defending of their idea of justice by retributive means, by stage set the sick, or by preventing further breaches of this justice. Nietzsche asserts that our understanding of punishment in modern times is a contradiction of its beginnings.He believes that the implementation of punishmentthe remains of the will to powernow prefers the morality of the weak, and tells them of the importance of getting requital for the crimes committed, or the importance of doing only that which has utility. Therefore the weak arent creating a new institution of punishment, rather they are transforming the old version under their new masters, into something that directly goes against what punishment was initially supposed to mean.Taking this idea into the perspective of Foucault, Nietzsche would say t hat the change in the meaning of punishment from that which gloried in public displays of violence to a penitentiary system which targeted the rehabilitation of the prisoner or to gain some sort of retribution for the criminals offence has less to do with the punished and more to do with the punishers.To Nietzsche, this shift is in accordance with a rejection and suppression of basic human instincts, where the reveling and celebration of cruelty has been transformed into the idea of retribution or justice.

Class Prophecy 2012 Essay

Having stayed for five years in France for my masteral studies and job as historical journalist in CNN, made me long to go ski binding to my country. I valued to stay with my family, reunite with old friends, and render my hard work to my countrymen. I know that my studies and my work have led me to different places across the globe, meet naked as a jaybird peoples, and lead a wonderful and meaningful life. However, as the rugged saying goes there is no place similar home.Upon the completion of my thesis my concluding documentary, and my book about the Philippines in France, I bade every one(a) au revoir until next time and happily went back to Philippines. Inside the plane we were given all the luxuries that we tail end afford in this long ride home, that almost always include a newspaper.As I browsing through the pages of the newspaper, I was awestricken by the names that I saw in the bylines. They were of Jenzen Anzano writing news for the Metro and Valeriano Onia reportin g about the recent battle of Ginebra versus Rain or Shine.But the ripe news doesnt just end there, Mila Mary Lyn Maralits chemical invention have earned her an award from the President of the Philippines, Alyssa Mae G. Daraog. Then on the wellness and Fitness Section was the full-page length column of the famous psychologist Richard Sanchez.With all their abilities and talents way back our high instill years, we knew that these former classmates would indeed become undefeated and it is heartwarming to learn that these Lucians were pioneers in adhering to the CORE values that we cherished in our high school years.Many hours passed and the song in the plane shifted from The Beatles to the Lady antebellums to SNSDs to the Hotdogs Manila. By so we knew that we are approaching the Philippine territory and in no more than an hour we shall be landing. Suddenly, a lady in black dress approached me. It was Mara Cassandra Gomez She told me that she was in France for two weeks to attend fo r an international conference in Psychology. We talked and talked until we are notified to go back our seats and fasten our seatbelts for our landing.I can feel the plane slowly going down and sudden gosh of excitement and relief that embraced my being when I in the end felt the bump of the wheels in the land of my country. Im finally backMy first two weeks were spent in countless reunions and homecoming and so I wondered where are my high school schoolmates, classmates, friends? I hope to meet them again.However, now is not the time to think about those, we will soon finger our ways. By now, I have to work-on my job in the National Historical Commission of the Philippines. Right there and then, I was accepted and given projects. First on the list was the Bangon Tribe in Mindoro. I am thrilled because I am the one in-charge of such meticulous and comprehensive task that we shall carry-on. I obstinate to go to the bookstore to enhance my knowledge and to at least familiarize myse lf with their environs.As my car was driving along EDSA the billboard of Rowielyn Singh and Jaypee De Castro, the hosts of WilTime Big Time was conspicuously displayed, then there is also another billboard of pop star singers, Ma. Diana Derpo, Binna Azucenas, and Ericka Faye delos Santos inviting everyone to join in their concert at the Mall of Rommel Concepcions Concert Grounds.Lucians of mint 2012s progress cant be stopped. From De Castro to Rosario Village/Tramo now Lucians are domineering EDSA and filling up the key positions in our societyAs I went inside the bookstore, my attention was caught by the book at top of the best-sellers list. That was the name of Rhoxanne Villasin, she is the author of this years bestselling book. I grabbed my copy of her book then bought the materials that I needed for my work.Nearby I saw a new mall named Vons. I went inside and I was really amazed with the beauty and manifold details of the place. While strolling along I heard someone shouted my name. Few steps away from me was Glenn Rose Baculanlan Dressed like a Parisian doll, she and four other ladies in office attire went to me.Glenn Rose is now a model and the four ladies with her are Roselyn Monforte, Louise May Mackay, Cynthia Mae Pama, and Angel Mae Bahay were the accountants at Vons the mall that Christian Von Geminiano owns.We went inside the pub named Muppets and had some coffee. While having our funny chats, we reminisced the good-old days wherein being a historian, an accountant, and a model were just a perplexing dream a vague possibility.Just when we are about to part ways a lady appeared before us and introduced herself as Shirlyn Indeed it was she Shirlyn Alvario the possessor of Muppets restaurant. She informed us that Lucians are involved in the foundations of her restaurant with Bhenz Benig (now a food technologist) as her business partner. Joseph Perez and Rances Marticio were in charge of the places architectural design, Bernardino Rodelas for the engineering plans and construction, and the famous artists Cedrick Caguing, Cyril Flora and John Paul Dogillo for the details and designs.Neither one of us wouldnt want to end our girl talks and reminisces that then we knew that we have works to do so we exchange contact numbers and promised to meet soon.Back to work, I indulged myself with my project. Busy all day studying, preparing, preparing, studying. unitary day, three days before my five-member team went to Mindoro, I was informed that certain groups would like to join our trip and they all had their recommendations.Of course, I do not like them to go with us because our work might be exploited by their presence. But then, I couldnt just discredit their requests so I outright called my assistant to call their representatives to explain their intentions at exactly two p.m. today.After an hour, my secretary informed me that all the persons that weve been waiting to talk to are already inside the conference room and they are quite noisy. I immediately went inside my conference room and . . . it seems like Im a high school student once more The faces inside are all my high school classmates and friends. Indeed all of them, wow Aarone Jhone Julian is now the managing president of the orchard apple tree Company in the Philippines Jennelyn dela Cruz, Ma. Kathleen Adona, and Mark Anthony Borja are now the Division Supervisors of Pasig City Kimberly Mae Chua, Stefany Cabantog, and Mharianne Yalega, are now head doctors of Lucia General Hospital Francesca Ann Balmonte, is recognized as one of the bests photographers in country and Sir Eljun Velga is now the Principal of Sta. Lucia High School.They explained to me that they wanted to join to help and contribute something for progress that has always been OUR dream. Right there and then, I agree and weve planned the flow of our own respective missions consecrated towards the fulfillment of one goal.At home, I packed my things for our mission then watched the ne ws anchored by Merleen Mercolita. countersign about Ramlou Demegillos outstanding performance in the International Dance Sport Competition Nigel Paulino, Renmar Moses, Julius Caesar Brutas, and Marcelino Lozas gold in the recent Olympic games Jovy Ann Sta. Ana, charabanc of SNSD Arjay Gervacio-Ventura, the new business tycoon Ronnel Villamar tops the Bar Exams and Shelly Ann Rualess proclamation as the Philippine Ambassadress to the USA.

Is India Safe for India Women? Essay

Woman is the builder and moulder of a nations destiny. Though delicate and soft as a lily, she has a heart, far stronger and bolder than of man.She is the coercive inspiration for mans onward march, an embodiment of love, pity and compassion, she is no doubt, her commanding personality nevertheless, is give by solemn.Our women have a very great part to play in the progress of our country, as the mental and physical contact of women with life is much more lasting and comprehensive than that of men. Not for secret code was it said that the hand that rocks the cradle rules the world. In the apron strings of woman is hidden the new energy which can establish paradise on this earth.Women have gener bothy been looked down upon with disdainful contempt. tout ensemble sorts of strictures have been inflicted upon them, reducing their office to a mere play thing or a striver of mans whims, a mere chattel to be dumb driven. They have been confined to the hearthstone and home.The orthodox male-oriented society in India has still not been able to adjust itself to the fresh wave of womens liberation .But ours is still a male-dominated society. Women still continue to be exploited. There atomic number 18 still agencys where women are beaten, raped, and murdered without so much as a second thought practices.India is one of these places. A place that is both progressive on paper and in nearly urban areas but are besides far behind in practice and in rural communities. What progress has already been made to entertain women in India and what still needs to be done to ensure the equal treatment of women in all areas of India? personnel against women and girls represents a global health, economic development, and human rights problem. At least one out of either three women worldwide has been beaten, coerced into sex, or otherwise abused in her lifetime, with rates of domestic violence hit 70% in some countries.This abuse of women and their rights is something more d eveloped countries are taking very seriously. all over 7,000 women in India will be murdered by their family or their husbands family because of arguments about dowries. Violence against women is rooted in a global culture of discrimination which denies women equal rights with men and which legitimizes the appropriation of womens bodies for individual gratification or political ends. Every year, violence in the home and the community devastates the lives of millions of women. The flying field of why and how women are treated they way they have been is a equitablely recent study.In practice they are being denied their rights and privileges. In practical life they are neither given equal rights, or status nor opportunities.5ons are given preference and better treatment while daughters are considered as curse and liabilities.Their union is still a big problem and parents have to arrange for large dowries to get their daughters married. In some parts of the country the girl-infants are still killed. Women are still raped, molested, ill-treated humiliated, forced to adopt prostitution and burnt alive by their greedy in-laws. Even the educated and employed women have to depend on their husbands or in-laws for money etc. Employed women are the worst sufferers as they have to work unwaveringly both at home and in the office. Moreover, they dont have control on their purses and earnings. a woman as a daughter, wife, mother, widow etc., has to live in eternal economic slavery. She is still real not free to choose and make her destiny.They should rise in a body and wage a relentless seek against injustice in its various forms. They should never think in terms of weaker and fair sex. The weak and helpless are destined to be ever exploited and discriminated against, they will have to raise, struggle and sweat for their rights, freedom, empowerment and economic independence. There is no room either for complexes or complacency. They should refuse to be treated as se x objects, a thing of domestic utility, as anatomically inferior or a movable biological asset of man in marriage. They should refuse to be used as sex- symbols and models to extract business. Let there be no beauty contests where they are used as instruments to attract attention sensually.

Cultural Conflict in Michael Moore’s “Roger and Me”

In Dario Fos Accidental Death of an Anarchist, a character asks Where ar all these poor plenty I keep hearing about? I go to a lot of parties, and I never meet any of them. In his movie Roger and Me Michael Moore depicts the story when the general everyday can meet those poor people. The movie is a documentary about the effect of General Motors specify shutdown in Flint, Michigan, in the mid-1980s.From the critical principal of view, Roger and Me constitutes a sardonic experience of corporate favorable responsibility, everlasting social and cultural conflict (once greatly emphasized by Marx) amid working phratry and capitalists, now often covered in the image of managers and corporate specialists. Simultaneously, the film can be comprehend as unsuccessful attempt of the artist to abstract from pitiful effects of the event ( seet closing) and to create unbiassed actual picture. Practically, Moores Roger and Me represents documentary of satire, social revolt and prejudice.A fter the closing of plant Michael Moore tried to exact in with Roger Smith, head of GM in Detroit, to invite him to Flint for a look at what had happened to people there. Practically, Moore never got near Smith, therefore he created a documentary, where people and some facts spoke for themselves. The conflict between big partnership and workers regarding the issues of corporate social responsibility remains to be urgent and sensitive. From the critical point of view, there is nothing wrong with attacking General Motors. This company along with the vast majority of multinational corporations surely deserves to be attacked. Criticism, fair or unfair, whether deserved or not, is a price people pay to represent in a free society.Thus, Michael Moore had every right to make his smash-hit documentary film. Like any advocate, surely he had the right to present only one side of a case. Simultaneously, there is a deflexion between fair and unfair criticism, just as there is a difference between rightfulness and factual distortion. Fair critical review challenges the actions of a person or an organization, examines something your opponent has done, and attacks him or her for it. Even if it whitethorn hurt the person criticized, fair criticism contributes vigor and health to a free society. It helps check ridicule of power, corruption and wrongdoing. unsportsmanlike criticism uses lies and distortions to accuse someone of things he has not done and wouldnt do. Unfair criticism blames him for things beyond his control. Unfair criticism uses innuendo to attack him for things that cant be said outright because they are untrue. Unfair criticism employs dirty proficiencys of filmmaking (or other distortions) and degrades and endangers a free society, because it damages public trust in our institutions. Individual brain decides at what point unfairness becomes outright dishonesty.Michael Moore begins his story by saying, Maybe I got this wrong, but I thought companies lay off people when they hit hard magazines. GM was the richest company in the world, and was closing factories when it was making profits in the billions GM Chairman Roger Smith appeared to have a brilliant plan First, close 11 factories in the U.S., then open 11 in Mexico where you pay the workers 70 cents an hour. thusly use the money you save by building cars in Mexico to take over other companies, and takeably high-tech firms and weapons manufacturers. Next, tell the union youre broke and they happily agree to give back a couple billion dollars in wage cuts. The situation depicted by Moore seems to be outrageous.However, if critically examined GM could not sell Flint-made cars unless it modernized obsolete factories. Moreover, in during that period GMs average net under the United Auto Workers contract was $15.36 compared to the national industry average of $9.07 (Kauffmann, 10). General Motors did build Mexican factories and employ low-cost, unskilled labor to assemble wir e and cable harnesses for GM cars. The wire and cables in those harnesses were excogitate in the United States.To stay competitive, GM had to reduce the cost of hand-assembly of the harnesses. So, it worked out an agreement with the Mexican government activity to provide needed unskilled jobs in poverty-stricken areas of Mexico. The Mexican government then allowed GM to manufacture more cars for the Mexican (not the U.S.) market (Kauffmann, 11).Moores camera shows an auto worker who had suffered a mental breakdown. He cracked one night period working on the assembly line. He was now shooting basketball at the local mental health center. Was Moore honest in blaming GM and Roger Smith because his friend had a mental breakdown? GM refuses to discuss whether the man had a previous record of mental instability, because, the company says, personnel records are confidential.Was Moore honest in showing a gun-toting crazed man injectant down in the street by police, to support his clai m that GM layoffs had caused crime rates to soar upwards in Flint? Moore failed to mention that crime has dropped 13 percent since 1986, when the major layoffs took place (Schwammenthal, 7). Instead of soaring, as Moore says, crime in Flint dropped 5 percent in the first half of last year, while violent crime across the United States increased 5 percent during the same period (Schwammenthal, 7).If assesses critically, Michael Moore technique can be characterized as untruth persuasion since he, being a talented director and undergo persuader, focused exclusively on the negative sides of the closing, hence corporate social responsibility in the context. From the in the flesh(predicate) point of view, Moore abstracts from the core of the problem, social conflict, and speculates on working class mentality.Bob Eubanks of The parvenuely-wed Game is included as he ridicules Jews with a vile anti-Semitic remark. Moore himself ridicules a pretty young Miss Michigan, who, at the time of h is ambush interview was more concerned with being chosen as Miss America than she was satisfactory to discuss economic conditions in Flint (White, 1). Moore ridicules a homosexual in a way that the film critic of the Chicago Tribune called the lowest kind of gay-bashing, a crude crowd-pleasing gesture (Schwammenthal, 7).Moores documentary becomes the picture full of controversies. Practically, the film could consolidate the general public and authorities over the problems in Flint, however its sardonic, nihilistic and controversial character does not offer any resolution and brings the conflict to the very top.BibliographyKauffmann, Stanley. Films & the Arts Cars and opposite Vehicles, The New Republic. Washington Jan 22, 1990. Vol. 202, Iss. 4Joseph B. White. Movie That Attacks GM, Roger Smith Opens in Flint, Michigan. Wall Street Journal (Eastern edition), New York, N.Y. Dec 21, 1989Daniel Schwammenthal. In the Fray Michaels Manipulations, The Chicago Tribune. Chicago, May 19, 1 990

Cases on labor law Essay

In may 1994, ABS-CBN signed an organisation with the Mel and Jay Management and Development pile. ABS-CBN was illustrateed by its corporate policemans while MJMDC was represented by SONZA, as P engagent and General Manager, and Carmela Tiangco , as EVP and Treasurer. Referred to in the Agreement as AGENT, MJMDC hold to provide SONZAs gains exclusively to ABS-CBN as talent for radio and television. ABS-CBN agreed to acquit for SONZAs services a monthly talent fee of P310,000 for the first year and P317,000 for the indorse and third year of the Agreement.ABS-CBN would bear the talent fees on the 10th and 25th days of the month. On 30 April 1996, SONZA filed a accusation against ABS-CBN before the De offendment of stab and Employment, National Capital Region in Quezon urban center. SONZA complained that ABS-CBN did non make up his salaries, withdrawal be, service incentive leave pay, 13th month pay, signing bonus, travel simoleons and amounts due under the Employees S tock Option Plan (ESOP). On 10 July 1996, ABS-CBN filed a deed to Dismiss on the ground that no employer-employee kindred existed surrounded by the parties.ISSUE Whether or non in that location is employer-employee kinship that existed between them,HELD Although Philippine comprehend legal philosophys and jurisprudence define illuminely the elements of an employer-employee singingship, this is the first snip that the judgeship will resolve the nature of the relationship between a television and radio situation and whiz of its talents. There is no topic law stating that a radio and television program host is an employee of the circularise station.Applying the pull strings shield to the present theatrical role, we find that SONZA is non an employee that an in strung-out rackor. The check into test is the close to important test our approachs apply in distinguishing an employee from an in interdependent developor.29 This test is based on the extent of contr ol the charterr patterns all oer a role player. The greater the all everywheresight and control the hirer dresss, the more likely the actor is deemed an employee.The converse holds truthful as well the less control the hirer exercises, the more likely the directer is considered an independent contractor. We find that ABS-CBN was non involved in the veridical performance that produced the finished product of SONZAs work. ABS-CBN did non instruct SONZA how to perform his job. ABS-CBN merely reserved the correct to modify the program format and air m document for more effective programming. ABS-CBNs sole concern was the quality of the shows and their standing in the ratings. Clearly, ABS-CBN did non exercise control over the implicates and methods of performance of SONZAs work. SONZA insists that the exclusivity article in the Agreement is the most natural form of control which ABS-CBN exercised over him.This argument is futile. Being an exclusive talent does non b y itself mean that SONZA is an employee of ABS-CBN. Even an independent contractor quarter validly provide his services exclusively to the hiring caller. In the impart industry, exclusivity is not necessarily the same as control.ADJUDICATION The petition is denied.CONSULTA vs CA circumstance DigestG.R. none 145443. environ 18, 2005RAQUEL P. CONSULTA, petitivirtuosor, vs. COURT OF APPEALS, PAMANA PHILIPPINES, INC., RAZUL Z. REQUESTO, and ALETA TOLENTINO, responsives.FACTS Consulta was Managing Associate of Pamana. On 1987 she was issued a certification authorizing her to negotiate for and in behalf of PAMANA with the Federation of Filipino civil Employees Association. Consulta was able to secure an account with FFCEA in behalf of PAMANA. However, Consulta claimed that PAMANA did not pay her boot for the PPCEA account and filed a complaint for unpaid hire or commission.ISSUE Whether or not Consulta was an employee of PAMANA.HELD The SC held that Pamana was an independent ag ent and not an employee.The origin of control in the four fold test is missing. The manner in which Consulta was to pursue her tasked activities was not subject to the controlof PAMANA. Consulta failed to show that she worked certain(prenominal) hours. The amount of time, the methods and means, the management and maintenance of her sales division were leftfield to her sound judgment.Finally, Pamana paid Consulta not for labor she performed but merely for the turn ups of her labor. Without results, Consultas labor was her own consign and loss. Her dear to compensation, or to commission, depended on the tangible results of her work whether she brought in paying recruits.The fact that the interlocking demand Consulta to solicit passeliness exclusively for Pamana did not mean Pamana exercised control over the means and methods of Consultas work as the term control is understood in labor jurisprudence. N either did it make Consulta an employee of Pamana. Pamana did not prosc ribe Consulta from engaging in both opposite business, or from be affiliated with any opposite lodge, for as long as the business or troupe did not compete with Pamanas business.The exclusivity clause was a reasonable restriction to pr plaint similar acts pre juridical to Pamanas business interest. Article 1306 of the Civil ordinance provides that the contracting parties may establish much(prenominal) stipulation, clauses, terms and conditions as they may deem convenient, provided that they atomic number 18 not contrary to law, chastes, good customs, globe order, or everyday insurance policy.There beingness no employer-employee relationship between Pamana and Consulta, the Labor arbiter and the NLRC had no legal force to entertain and rule on Consultas money claim. Consultas remedy is to file an ordinary civil action to liti gate her claimPetition is dismissed.ANGELINA FRANCISCO, suppliant, vs. interior(a) tire transaction COMMISSION, KASEI CORPORATION, SEIICHI RO TAKAHASHI, TIMOTEO ACEDO, DELFIN LIZA, IRENE BALLESTEROS, TRINIDAD LIZA and RAMON ESCUETA, Respondents. G.R. none 170087 August 31, 2006FIRST DIVISION. YNARES-SANTIAGO, J.In 1995, prayer was hired by Kasei companionship during its in club stage. She was designated as Accountant and Corporate Secretary and was assigned to handle all the accounting inevitably of the play along. She was also designated as connection Officer to the City of Makati to secure business permits, construction permits and an different(prenominal) licenses for the sign performance of the ships company. Although she was designated as Corporate Secretary, she was not entrusted with the corporate documents neither did she attend any board clashing nor requisite to do so. She never prep ard any legal document and never represented the company as its Corporate Secretary.However, on some occasions, she was prevailed upon to sign documentation for the company. In 1996, petitioner was designated Acting M anager. As Acting Manager, petitioner was assigned to handle recruitment of all employees and perform management administration functions represent the company in all dealings with government agencies and to administer all different bets pertaining to the operation of Kasei eatery which is own and operated by Kasei Corporation. For five years, petitioner performed the duties of Acting Manager and as of December 31, 2000 her salary was P27,500.00 asset P3,000.00. In January 2001, petitioner was re shipd by Liza R. Fuentes as Manager.Petitioner alleged that she was required to sign a named announcement for her replacement but she was assured that she would still be connected with Kasei Corporation. There later, Kasei Corporation reduce her salary by P2,500.00 a month beginning January up to September 2001 for a total simplification of P22,500.00 as of September 2001. Petitioner was not paid her mid-year bonus allegedly because the company was not earning well. On October 2001, petitioner did not receive her salary from the company.She made repeated follow-ups with the company cashier but she was rede that the company was not earning well. On October 15, 2001, petitioner asked for her salary but she was informed that she is no longer connected with the company. On the other hand, the Private responders averred that petitioner is not an employee of Kasei Corporation. They alleged that petitioner was hired in 1995 as one of its technological consultants on accounting affaires and act concurrently as Corporate Secretary.As technical consultant, petitioner performed her work at her own discretion without control and supervision of Kasei Corporation. Petitioner had no perfunctory time record and she came to the office any time she treasured. She also did not go finished the popular procedure of extract of employees. Also, the closed-door answerings submitted a list of employees for the years 1999 and 2000 duly received by the BIR masking that petiti oner was not among the employees describe to the BIR. exhausts(1) Whether in that location was an employer-employee relationship between petitioner and snobbish respondent Kasei Corporation and if in the affirmative, (2) whether petitioner was viciously dismissed. RulingYes. The court adopts a two-tiered test involving (1) the putative employers strength to control the employee with respect to the means and methods by which the work is to be accomplished and (2) the underlying economic realities of the bodily function or relationship. Thus, there is no doubt that petitioner is an employee of Kasei Corporation because she was under the direct control and supervision of Seiji Kamura, the corporations Technical Consultant.She reported for work regularly and served in various capacities as Accountant, Liaison Officer, Technical Consultant, Acting Manager and Corporate Secretary, with substantially the same job functions, that is, rendering accounting and task services to the com pany and performing functions necessary and desirable for the proper operation of the corporation such as securing business permits and other licenses over an indefinite period of engagement. She was selected and set-aside(p) by the company for compensation, and is economically dependent upon respondent for her act occupation in that line of business. Respondent corporation hired and engaged petitioner for compensation, with the power to dismiss her for cause.More importantly, respondent corporation had the power to control petitioner with the means and methods by which the work is to be accomplished. The corporation constructively dismissed petitioner when it reduced her salary by P2,500 a month from January to September 2001. This amounts to an illegal border of fight, where the petitioner is authorize to full back employs.Thus this petition is assumption(p) and is REMANDED to the Labor Arbiter for the recomputation of petitioner Angelina Franciscos full backwages from the time she was illegitimately fired until the date of conclusiveness of this decision, and separation pay representing one-half month pay for every year of service, where a fraction of at least six months shall be considered as one whole year. ANGEL JARDIN, DEMETRIO CALAGOS, URBANO MARCOS, ROSENDO MARCOS, LUIS DE LOS ANGELES, JOEL ORDENIZA and AMADO CENTENO, petitioners, vs. NATIONAL LABOR traffic COMMISSION (NLRC) and GOODMAN TAXI (PHILJAMA INTERNATIONAL, INC.) respondents. G.R. No. 119268. February 23, 2000SECOND DIVISION. QUISUMBING, J.FactsPetitioners were number one woods of occult respondent, Philjama International Inc., a domestic help corporation engaged in the operation of Goodman Taxi. Petitioners used to taunt private respondents taxicabs every other day on a 24-hour work schedule under the boundary system. floor the stairs this arrangement, the petitioners earned an average of P400.00 daily. Nevertheless, private respondent admittedly regularly deducts from petit ioners, daily earnings the amount of P30.00 supposedly for the washing of the taxi units. believe that the deduction is illegal, petitioners decided to form a labor union to protect their rights and interests.Upon learning about the architectural plan of petitioners, private respondent refused to let petitioners drive their taxicabs when they reported for work on August 6, 1991, and on succeed days. Petitioners suspected that they were singled out because they were the leaders and active members of the proposed union. Aggrieved, petitioners filed with the labor arbitrator a complaint against private respondent for unfair labor practice, illegal chemise and illegal deduction of washing fees. In a decision, go out August 31, 1992, the labor arbiter dismissed give tongue to complaint for overlook of merit. On appeal, the NLRC ( common respondent herein), in a decision date April 28, 1994, reversed and set aside the judgment of the labor arbiter.The labor tribunal declared that pe titioners are employees of private respondent, and, as such, their judgment of expiration must be for just cause and later on due process. Private respondents first interrogation for reconsideration was denied. Remaining hopeful, private respondent filed another(prenominal) campaign for reconsideration. This time, public respondent, in its decision dated October 28, 1994, granted afore give tongue to second motion for reconsideration. It ruled that it escapes jurisdiction over the case as petitioners and private respondent deal no employer-employee relationship. forceWas there a grueling abomination of discretion amounting to lack or excess of jurisdiction?Was there an employer-employee relationship?RulingYes. The phrase grave abuse of discretion amounting to lack or excess of jurisdiction means such capricious and whimsical exercise of judgment by the tribunal exercising judicial or quasi-judicial power as to amount to lack of power. In this case, private respondent exhau sted administrative remedy available to it by seeking reconsideration of public respondents decision dated April 28, 1994, which public respondent denied. Thus, when private respondent filed a second motion for reconsideration, public respondent should bemuse forthwith denied it in conformism with hold 7, Section 14 of its New Rules of Procedure which allows only one motion for reconsideration from the same party.The rationale for allowing only one motion for reconsideration from the same party is to assist the parties in obtaining an expeditious and inexpensive settlement of labor cases. For obvious reasons, delays cannot be countenanced in the resolution of labor disputes. The dispute may involve no less than the livelihood of an employee and that of his loved ones who are dependent upon him for food, shelter, clothing, medicine, and education. It may as well involve the survival of a business or an industry.The second motion for reconsideration filed by private respondent is i ndubitably a prohibited pleading which should have not been entertained at all. Thus, the public respondent gravely abused its discretion in taking wisdom and granting private respondents second motion for reconsideration as it wrecks the orderly procedure in seeking reliefs in labor cases. Yes also for the second issue. Under the boundary system which is observed in the relationship of the petitioners and the private respondent, it is that of employer-employee and not of lessor-lessee. In the case of jeepney owners/operators and jeepney drivers, the former exercise supervision and control over the latter.The management of the business is in the owners hands. The owner as holder of the certificate of public convenience must see to it that the driver follows the route prescribed by the franchising authority and the rules promulgated as regards its operation. Now, the fact that the drivers do not receive fixed wages but get only that in excess of the so-called boundary they pay to t he owner/operator is not sufficient to withdraw the relationship between them from that of employer and employee.Thus, the employees of private respondent, can be dismissed only for just and authorized cause, and later on affording them mark and hearing prior to termination. In the instant case, private respondent had no valid cause to terminate the employment of petitioners. Neither were there two (2) written notices sent by private respondent inform each of the petitioners that they had been dismissed from work. Thereby, instant petition is GRANTED. Private respondent is directed to reinstate petitioners to their side of meats held at the time of the complained dismissal. Private respondent is likewise ordered to pay petitioners their full backwages, to be computed from the date of dismissal until their actual reinstatement.However, the order of public respondent that petitioners be reimbursed the amount paid as washing charges is deleted.G.R. No. 121605. February 2, 2000PAZ M ARTIN JO and CESAR JO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and PETER MEJILA, respondents. QUISUMBING, J.FACTSPrivate respondent Peter Mejila worked as barber on a piece rate basis at Dinas Barber Shop. The owners and the barbers divided up in the earnings of the barber shop. In 1977, petitioners designated private respondent as caretaker of the shop.In November 1992, private respondent had an altercation with his co-barber, Jorge Tinoy. The bickerings, characterized by constant exchange of personal insults during working hours, became serious so that private respondent reported the topic to Atty. Allan Macaraya of the labor department. Meanwhile, private respondent continued reporting for work at the barbershop. But, on January 2, 1993, he saturnine over the duplicate keys of the shop to the cashier and took away all his belongings therefrom.On January 8, 1993, he began working as a regular barber at the newly opened Goldilocks Barbershop also in Iligan City. On January 12, 1993, private respondent filed a complaint for illegal dismissal with prayer for requital of separation pay, other monetary benefits, attorneys fees and sufferings. Significantly, the complaint did not seek reinstatement as a convinced(p) relief. ISSUESIs there an employer-employee relationship between petitioners and private respondent? Was the private respondent dismissed from his employment?HELDYES. In determining the existence of an employer-employee relationship, the following elements are considered (1) the extract and engagement of the workers (2) power of dismissal (3) the payment of wages by some(prenominal) means and (4) the power to control the workers film, with the latter assuming primacy in the overall consideration. Absent a clear showing that petitioners and private respondent had intended to pursue a relationship of industrial partnership, we entertain no doubt that private respondent was employed by petitioners as caretaker-barber.No. The labor a rbiter was convinced that private respondent was not dismissed but left his work on his own volition because he could no longer bear the incessant squabbles with his co-worker. Nevertheless, public respondent did not give credence to petitioners claim that private respondent prone his job. On this score, public respondent gravely erred as hereunder discussed.JPL MARKETING PROMOTIONS v. COURT OF APPEALSG.R. No. 151966 July 8, 2005FACTS JPL Marketing and Promotions is a domestic corporation engaged in the business of recruitment and placement of workers. On the other hand, private respondents Noel Gonzales, Ramon Abesa trine and Faustino Aninipot were employed by JPL as merchandisers on separate dates and assigned at different establishments in Naga City and Daet, Camarines Norte as attendants to the display of California Marketing Corporation , one of petitioners clients.On 13 August 1996, JPL notified private respondents that CMC would founder its direct merchandising activity in the Bicol Region, Isabela, and Cagayan Valley effective 15 August 1996. they were advised to wait for further notice as they would be transferred to other clients. However, on 17 October 1996, private respondents Abesa and Gonzales filed before theNational Labor dealing Commission Regional Arbitration Branch (NLRC) exchange V complaints for illegal dismissal, praying for separation pay, 13th month pay, service incentive leave pay and payment for righteous damages. Aninipot filed a similar case thereafter.Executive Labor Arbiter Gelacio L. Rivera, Jr. dismissed the complaints for lack of merit. The Labor Arbiter lay down that Gonzales and Abesa applied with and were employed by the store where they were originally assigned by JPL even before the lapse of the six (6)-month period given by law to JPL to provide private respondents a new assignment. Thus, they may be considered to have unilaterally severed their relation with JPL, and cannot charge JPL with illegal dismissal. The L abor Arbiter held that it was incumbent upon private respondents to wait until they were reassigned by JPL, and if after six months they were not reassigned, they can file an action for separation pay but not for illegal dismissal.The claims for 13th month pay and service incentive leave pay was also denied since private respondents were paid way above the applicable minimum wage during their employment.NLRC. agreed with the Labor Arbiters finding that when private respondents filed their complaints, the six-month period had not yet expired, and that CMCs decision to stop its operations in the areas was beyond the control of JPL, thus, they were not illegally dismissed. However, it found that despite JPLs effort to look for clients to which private respondents may be reassigned it was unable to do so, and then they are empower to separation pay.The judicial system of Appeals dismissed the petition and affirmed in toto the NLRC resolution. darn conceding that there was no illegal dismissal, it justified the award of separation pay on the railway yard of equity and complaisant justice.ISSUE Whether or not the respondents are entitled to separation pay?HELD Under Arts. 283 and 284 of the Labor Code, separation pay is authorizedonly in cases of dismissals due to any of these reasons (a) installation of labor saving devices (b) redundancy (c) retrenchment (d) cessation of the employers business and (e) when the employee is suffering from a disease and his continued employment is prohibited by law or is prejudicial to his health and to the health of his co-employees.However, separation pay shall be allowed as a measure of social justice in those cases where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character, but only when he was illegally dismissed.In addition, Sec. 4(b), Rule I, Book VI of the Implementing Rules to Implement the Labor Code provides for the payment of separation pay to an employ ee entitled to reinstatement but the establishment where he is to be rein give tongue to has closed or has ceased operations or his present invest no longer exists at the time of reinstatement for reasons not attributable to the employer.The common denominator of the instances where payment of separation pay is warranted is that the employee was dismissed by the employer. In the instant case, there was no dismissal to speak of. Private respondents were solely not dismissed at all, whether legally or illegally. What they received from JPL was not a notice of termination of employment, but a memo informing them of the termination of CMCs contract with JPL. More importantly, they were advised that they were to be reassigned. At that time, there was no severance of employment to speak of.Furthermore, Art. 286 of the Labor Code allows the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, wherein an employee/employees are placed on the so-called floating status. When that floating status of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation, and this would apply to suspension either of the entire business or of a specific component thereof.As clearly borne out by the records of this case, private respondents sought employment from other establishments even before the expiration of the six (6)-month period provided by law. As they admitted in their comment, all third of them applied for and were employed by another establishment after they received the notice from JPL. JPL did not terminate their employment they themselves severed their relations with JPL. Thus, they are not entitled to separation pay.Nonetheless, JPL cannot escape the payment of 13th month pay and service incentive leave pay to private respondents. Said benefits are mandated by law and should be given to e mployees as a matter of right.HYDRO RESOURCES CONTRACTORS CORPORATION, petitioner,vs.LABOR ARBITER ADRIAN N. PAGALILAUAN and the NATIONAL LABOR RELATIONS COMMISSION, public respondents, and ROGELIO A. ABAN, private respondent G.R. No. L-62909 April 18, 1989Petitioner corporation hired the private respondent Aban as its Legal Assistant and received basic monthly salary of P 1,500.00 plus an initial living allowance of P 50.00 which gradually increased to P 320.00. On September 4, 1980, Aban received a letter from the corporation informing him that he would be considered concluded effective October 4, 1980 because of his alleged failure to perform his duties well. Aban filed a complaint against the petitioner for illegal dismissal. The labor arbiter ruled that Aban was illegally dismissed.This ruling was affirmed by the NLRC on appeal. Hence, this present petition. ISSUE Whether or not there was an employer-employee relationship between the petitioner Corporation and Aban. HELD The S upreme coquet dismissed the petition for lack of merit, and reinstate Aban to his former or a similar position without loss of seniority rights and to pay three (3) years back wages without qualification or deduction and P5,000.00 in attorneys fees. Should reinstatement not be feasible, the petitioner shall pay the private respondent termination benefits in addition to the above stated three years back pay and P5,000.00 attorneys fees. A lawyer, like any other professional, may very well be an employee of a private corporation or even of the government.This Court has consistently ruled that the determination of whether or not there is an employer-employee relation depends upon four standards (1) the manner of selection and engagement of the putative employee (2) the mode of payment of wages (3) the presence or absence of a power of dismissal and (4) the presence or absence of a power to control the putative employees conduct.Of the four, the right-of-control test has been held to b e the determining(prenominal) factor. In this case, Aban received basic salary plus living allowance, worked solely for the petitioner, dealt only with legal matters involving the said corporation and its employees and also assisted the Personnel Officer in processing appointment papers of employees which is not act of a lawyer in the exercise of his profession. These facts showed that petitioner has the power to hire and fire the respondent employee and more important, exercised control over Aban by defining the duties and functions of his work which met the four standards in determining whether or not there is an employee-employer relationship.Duncan Association of Detailman-PTGWO v. Glaxo WellcomePhilippines G.R. No. 162994September 17, 20004Tinga, J.FACTSGlaxo Wellcome Philippines Inc. hired Pedro A. Tecson as medical checkup representative on October 24, 1995. In Tecsons contract of employment, it was stipulated, among others, that he agrees to study and abide by animate com pany rules to disclose to management any existing or future relationship by family or affinity with co-employees or employees of competing drug companies and should management find that such relationship poses a practical conflict of interest, to resign from the company. Glaxos Employee Code of Conduct also contains provisions to the same effect. Said contract was signed by Tecson and hence commenced his employ with the company. He was assigned to cover the Camarines Sur-Camarines Nortesales area.Tecson met Bettsy, a branch coordinator of Astra Pharma, a competition of Glaxo. As fate would have it, they eventually fell in love and got married in September 1998. Tecsons superiors were worried since the marriage gave rise to a conflict of interest and hence, gave him the option to shoot whether to stay with the company and let his wife resign from her job or Tecson himself will resign so that his wife may continue working with her company.Tecson never made a decision hence Glaxo move to transfer Tecson to the Butuan-Surigao-Agusan del Sur sales area considering that he was from said area. But then, Tecson brought the matter to Glaxos score Committee. During the pendency of the grievance proceedings, Tecson was paid his salary. However, he was not issued samples of products which were competing with similar products manufactured by Astra. They failed to resolve the conflict hence they submitted the matter for voluntary arbitration.The company offered Tecson a separation pay of one-half month pay for every year of service, but he declined the offer. The National Conciliation and Mediation Board decided in favour of Glaxo. The Board declared Glaxos policy on relationships between its employees and person employed with competitor companies as valid, and affirmed Glaxos right to transfer Tecson to another sales territory. Upon appeal, the Cour of Appeal affirmed the NCMB decision. It reasoned that the companys policy is a valid exercise of its management prero gatives. Tecson filed for reconsideration but was denied hence the case was brought to the Supreme Court.ISSUES1. Whether the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company valid? 2. Whether said policy violates the equal testimonial clause of the Constitution? 3. Whether Tecson was constructively dismissed?RULING1. Yes. Glaxo has a right to guard its secrets, manufacturing formula, marketing strategies and other confidential programs and information from competitors, especially so that it and Astra are rival companies in the highly competitive pharmaceutical industry. The said prohibition only aims to protect its interests against the possibility that a competitor company will gain access to its secrets and procedures.No. the policy does not violate the equal protection clause of the Constitution. Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitor companie s. It is not a policy against marriage. An employee can still marry anyone of his/her own choosing. However, the company still has the right from exercising management prerogatives to cover maximum profit and business success. It was also stressed that Tecson was aware of the restriction when he signed his employment contract and when he married Betssy. Hence, he is stopped from questioning said policy. 3. No. the Supreme Court ruled that Tecsons reassignment to another area was not tantamount(predicate) to his employment termination.Tecson was not demoted nor unduly discriminated upon by reason of such transfer. It must be noted that Glaxo even considered the welfare of Tecsons family. The reassignment was merely on keeping with the policy of the company in avoidance of conflict of interest, and thus valid.ANDRES VILLAVILLA and ESTER GADIENTE VILLAVILLA v. COURT OF APPEALS, SOCIAL guarantor COMMISSION, REYNALDO MERCADO, and MARCELO COSUCO, respondents, SOCIAL SECURITY SYSTEM G.R . No. 79664 August 11, 1992BELLOSILLO, J.FACTSReynaldo Mercado owned the fishing gravy holder F/B Saint Theresa. On September 11, 1877, said boat sank off Isla Binatikan, Taytay, Palawan. One of the casualties in said concomitant was Arturo Villavilla, son of petitioners. He was employed as tripulante (crew member). The parents of Arturo filed a petition with the Social Security Commission against Reynaldo Mercado for remnant compensation benefits of Arturo whom Reynaldo failed to register as their employee.The Social Security form (SSS) filed a petition in preventative alleging that petitioners must prove that Arturo was an employee of Reynaldo. If said employment was proven, then Reynaldo should be held liable in damages similar to the benefits due the petitioners for failure to report Arturo for coverage pursuant to Sec. 24 (a) of the Social Security Act, as amended. 6On November 28, 1984, respondent Social Security Commission issued an Order dismissing the petition for lac k of cause of action. 9 The parents of Arturo then brought their case to the Court of Appeals. On appeal, the CA affirmed the questioned Order of the Social Security Commission there being no reversible error. Hence, they elevated their case to the Supreme Court. ISSUES1. Whether there was an employer employee relationship between Arturo Villavilla and Reynaldo Mercado? 2. Whether Reynaldo Mercado is liable for finish compensation benefits of Arturo Villavilla? 3. Whether there was a violation of the Social Security Act, as amended ,by Reynaldo Mercado for not registering Arturo Villavilla with the System as his employee as mandated by law.RULING1) None. The arrangement between the boat owner and the crewmembers partook of the nature of a joint venture. The fundamental bases for the existence of an employer employee relationship were not present. a) Reynaldo Mercado had no connection with the selection and engagement of Arturo. The boat owner did not hire them but they simply joi ned the fishing expedition upon invitation of the ship master, even without the knowledge of the boat owner. b) Reynaldo likewise exercised no power of dismissal over Arturo c) There was no such uniform salary involved.The crew members did not receive fixed compensation as they only shared in their catch. d) Reynaldo had no power of control or had reserved the right to control as to the result of the work to be done as well as the means and methods by which the same is to be accomplished. They ventured to the sea irrespective of the instructions of the boat owner. Upon their own best judgment as to when, how long, and where to go fishing. 2) No. Since there was no employer employee relationship, then Mercado is not obliged to remit any employers contributions to the SSS accounts of said fishermen. Hence they cannot compel him to pay for any death compensation benefits. 3) None. Since it is impossible to regularise the monthly wage or earning of the fishermen for the purpose of fix ing the amount of their and the supposed employers contributions, there is every reason to assuage the parties to this kind of undertaking from compulsory registration with the Social Security System.*** the Supreme Court statedFor, we are not unaware that in this jurisdiction all doubts in the implementation and interpretation of provisions of social legislations should be resolved in favor of the working class. But, alas, justice is not fully served by sustaining the argument of the poor simply because he is poor. Justice is done by properly applying the law regardless of the station in life of the contending parties.NATIONAL SERVICE CORPORATION (NASECO) AND ARTURO L. PEREZ, petitioners, vs.THE HONORABLE THIRD DIVISION, NATIONAL LABOR RELATIONS COMMISSION, MINISTRY OF LABOR AND EMPLOYMENT, MANILA AND EUGENIA C. CREDO, respondents. G.R. No. L-69870 November 29, 1988EUGENIA C. CREDO, petitioner,vs.NATIONAL LABOR RELATIONS COMMISSION, NATIONAL function CORPORATION AND ARTURO L. PE REZ, respondents. G.R. No. 70295 November 29,1988PONENTE Padilla, J.FACTSEugenia creed was an employee of the National Service Corporation. She was terminated from office for the commission of offenses against company policies, public moral, and authority. A particular situation asserted by NASECO was religious doctrines non-compliance with another NASECO officers chronicle regarding the entry procedures in the companys Statement of Billings Adjustment. This was in lieu with the findings of NASECOs Committee on Personnel Affairs.Both parties appealed to respondent National Labor Relations Commission (NLRC) which, on 28 November 1984, rendered a decision 1) directing NASECO to reinstate creed to her former position, or substantially equivalent position, with six (6) months backwages and without loss of seniority rights and other privileges appertaining thereto, and 2) dismissing Credos claim for attorneys fees, moral and exemplary damages. As a consequence, both parties filed the ir respective motions for reconsideration, which the NLRC denied in a resolution of 16 January 1985.In the case at bar, the court found that NASECO did not comply with these guidelines in effecting Credos dismissal. Although she was apprised and given the chance to explain her side of the charges filed against her, this chance was given so perfunctorily, thus rendering illusory Credos right to security of tenure. That Credo was not given ample opportunity to be comprehend and to defend herself is evident from the fact that the compliance with the injunction to apprise her of the charges filed against her and to afford her a chance to prepare for her defense was dispensed in only a day.This is not effective compliance with the legal requirements. Furth, Credos mere non-compliance with Lorens memorandum regarding the entry procedures in the companys Statement of Billings Adjustment did not warrant the severe penalisation of dismissalNLRC ruled ordering her reinstatement. NASECO arg ues that NLRC has no jurisdiction to order her reinstatement. NASECO as a government corporation by virtue of its being a subsidiary of the NIDC, which is wholly owned by the Phil. National Bank which is in turn a GOCC, the terms and conditions of employment of its employees are governed by the Civil Service Law citing National Housing v Juco. ISSUE Whether or not employees of NASECO, a GOCC without original charter, are governed by the Civil Service Law. HELD NO.The holding in NHC v Juco should not be given retroactive effect, that is to cases that arose before its promulgation of January 17, 1985. To do otherwise would be oppressive to Credo and other employees similarly situated because under the 1973 Constitution prior to the ruling in NHC v Juco, this court recognized the applicability of the Labor jurisdiction over disputes involving terms and conditions of employment in GOCCs, among them NASECO. In the matter of coverage by the civil service of GOCC, the 1987 Constitution sta rkly differs from the 1973 Constitution where NHC v Juco was based.It provides that the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government including government owned or controlled corporation with original charter. Therefore by clear implication, the civil service does not include GOCC which are organized as subsidiaries of GOCC under the general corporation law.ADJUDICATION WHEREFORE, in view of the foregoing, the challenged decision of the NLRC is AFFIRMED with modifications. Petitioners in G.R. No. 69870, who are the private respondents in G.R. No. 70295, are ordered to 1) reinstate Eugenia C. Credo to her former position at the time of her termination, or if such reinstatement is not possible, to place her in a substantially equivalent position, with three (3) years backwages, from 1 December 1983, without qualification or deduction, and without loss of seniority rights and other privileges appertaining thereto, and 2) pay Eugeni a C. Credo P5,000.00 for moral damages and P5,000.00 for attorneys fees.G.R. No. 78090 July 26, 1991PACIFIC MILLS, INC., petitioner,vs.ZENAIDA ALONZO, respondent.FactsFrom July 30, 1973, Zenaida Alonzo was employed as a ring set operator in the Pacific Mills, Inc. until September 30, 1982 when she was discharged by Management. The record shows that in the early afternoon of September 22, 1982, Zenaida challenged Company Inspector Ernesto Tamondong to a fight, saying Putang Ina mo, lumabas ka, tarantado, kalalaki mong tao, duwag ka . .Ipagugulpi kita sa labas at kaya kitang ipakaladkad dito sa loob ng compound palabas ng gate sa mga kamag-anak ko. And suiting action to the word, she thereupon boxed Tamondong in the stomach.The motive for the outrage was Zenaidas resentment at having been reprimanded, together with other employees, two days earlier by Tamondong for wasting time by engaging in Idle chatter. 1 Tamondong forthwith reported the incident to the firms Administrative Man ager 2 as well as the Chairman of Barangay Balombato, Quezon City. 3 On September 30, 1982, Zenaida Alonzo was given a enumeration by the companys Executive Vice President & General Manager terminating her employment as of October 1, 1982 on various grounds poor work, habitual absences and tardiness, wasting time, insubordination and gross disrespect. The service of that memorandum of dismissal on her was not preceded by any complaint, hearing or other formality.These were apparently considered spare by Management 4 in view of the provision in the Company Rules and Regulations (embodied in the corporal Bargaining Agreement between the company and the union representing the employees) that Fighting or attempting to inflict harm to another employee, will render (sic) the aggressor to outright dismissal. It was only at the hearing of the complaint for illegal dismissal (and non-payment of proportionate 13th month pay) instituted by Zenaida on October 4, 1982 in the NCR Arbitration B ranch, that evidence was presented by the company not only of the assault by Zenaida on her superior but also of many other violations by her of company rules and regulations, in an attempt to substantiate the validity of her dismissal from work. The LaborArbiter found that Alonzo had indeed verbally abused and struck her superior, Tamondong, and rejected her contention that the assault was not punishable since it was not work-connected and was provoked/instigated by Ernesto Tamondong. 5 The Arbiter also declared as fully established the former infractions of complainant, these being a matter of record and not denied by complainant (Zenaida). The Arbiter was of the view, however, that Alonzo was entitled to relief, because (a) the penalty imposed was harsh and severe and not commensurate with the offense, . . . suspension of three (3) months . . (being) the proper, just and reasonable penalty . . . and because (b) the company had failed to investigate complainant before she was dis missed.Acting on the employers appeal, the National Labor Relations Commission rendered judgment on March 23, 1987, sustaining the Labor Arbiters findings Pacific Mills Inc. has instituted in this Court the special civil action of certiorari at bar praying for nullification of the judgment of the NLRC for having been rendered with grave abuse of discretion.In the comment thereon, 7 required of him by the Court, the scrutineer General opined that . . . both the Labor Arbiter and the NLRC apparently failed to take into consideration the fact that Zenaida Alonzo was dismissed not because of this isolated act (of assault against her superior) but rather because of numerous and repeated violations of company rules and regulations. It was only this last incident which compelled Pacific Mills, Inc. to in conclusion terminate her services. It is the totality of the infractions committed by the employee which should have been considered in determining whether or not there is just cause for her dismissal. Issue whether or not there is just cause for her dismissalHeld vital of this controversy is the judgment of the Court en banc in Wenphil Corporation v. NLRC, promulgated on February 8, 1989, 10 in which the following policy pronouncements were made Thus in the present case, where the private respondent, who appears to be of violent temper, caused raise up during office hours and even defied his superiors as they tried to pacify him, should not be rewarded with reemployment and back wages. It may back up him to do even worse and will render a mockery of the rules of discipline that employees are required to observe.Under the circumstances, the dismissal of the private respondent for just cause should be maintained. He has no right to return to his former employer.However, the petitioner (employer) must nevertheless be held to account for failure to extend to private respondent his right to an investigation before causing his dismissal. The rule is explicit as above d iscussed. The dismissal of an employee must be for just or authorized cause and after due process (Section 1, Rule XIV, Implementing Regulations of the Labor Code).While it is true that Pacific Mills, Inc. had not complied with the requirements of due process prior to removing Zenaida Alonzo from employment, it is also true that subsequently, in the proceedings before the Labor Arbiter in which Zenaida Alonzo had of course taken active part, it had succeeded in satisfactorily proving the commission by Zenaida of many violations of company rules and regulations justifying termination of her employment.Under the circumstances, it is clear that, as the Solicitor General has pointed out, the continuance in the service of the latter is patently inimical to her employers interests and that, citing San Miguel Corporation v. NLRC, 11 the law, in protecting the rights of the laborer authorizes neither oppression nor self-destruction of the employer. And it was oppressive and unjust in the s et forth to require reinstatement of the employee. WHEREFORE, the petition is granted and the challenged decision of the respondent Commission dated March 23, 1987 and that of the Labor Arbiter thereby affirmed, are NULLIFIED AND SET ASIDE. However, the petitioner is ordered to pay private respondent a proportionate part of the 13th month pay due her, amounting to P351.00 as well as to make up her in the sum of P1,000.00. No costs.ABANTE v. LAMADRID BEARING & PARTS CORPEMPERMACO B. ABANTE, JR., petitioner, vs. LAMADRID BEARING & PARTS CORP. and JOSE LAMADRID, President, respondents. G.R. No. 159890 May 28, 2004FACTS Petitioner was a salesman of respondent company earning a commission of 3% of the total paid up sales covering the whole area of Mindanao. Aside from selling, he was also tasked with collection. Respondent corporation through its president, often required Abante to report to a particular area and occasionally required him to go to manilla to attend conferences.Later on, bad blood ensued between the parties due to some bad accounts that Lamadrid forced petitioner to cover. Later petitioner found out that respondent had informed his customers not to deal with petitioner since it no longer recognized him as a commission salesman. Petitioner filed a complaint for illegal dismissal with money claims against respondent company and its president, Jose Lamadrid.By way of defense, respondents countered that petitioner was not its employee but a free-lance salesman on commission basis.ISSUE Whether or not petitioner, as a commission salesman, is an employee of respondent corporation.HELD To determine the existence of an employee-employer relationship, the SC applied the four fold test 1) the manner of selection and engagement (2) the payment of wages (3) the presence or absence of the power of dismissal and (4) the presence or absence of the power of control.Applying the aforementioned test, an employer-employee relationship is notably absent in this case. It is true that he was paid in commission yet no quota was imposed therefore a dismal performance would not warrant a ground for dismissal. There was no specific office hours he was required to observe. He was not designated to conduct services at a particular area or time. He pursued his selling without hitch or supervision from the company. The company did not prescribe the manner of selling merchandise. While he was sometimes required to report to Manila, these were only intended to guide him. Moreover, petitioner was free to offer his services to other companies.Art. 280 is not a crucial factor because it only determines two kinds of employees. It doent apply where there is no employer-employee relationship. While the term commission under Article 96 of the LC was construed as being included in the term wage, there is no categorical pronouncement that the payment of commission is conclusive establishment of the existence of an employee-employer relationship.R TRANSPORT CORPOR ATION v ROGELIO EJANDRAG.R. No. 148508 May 20, 2004CORONA, J.FactsRogelio Ejandra worked as a bus driver of R bring Corporation and was paid on a 10% commission basis. He informed R have a bun in the ovens general film director that his license was confiscated after he was savvy for a traffic violation. The manager gave him money to redeem his license. Ejandra went to the LTO office everyday but it was only after a week that he was able to get back his license. When he reported back to work, the manager told him to wait until his services were needed again. When asked how long he had to rest, the manager did not give a definite time. Considering himself dismissed, Ejandra filed a complaint for illegal dismissal against R transport.R Transport denied Ejandras allegations and claimed that he abandoned his job that he lied about his license being confiscated and that he was not an employee because theirs was a contract of lease and not of employment, being paid on commission basis .The labor arbiter rendered his decision in favor of Ejandra, finding his dismissal to be without just cause and ORDERING R-Transport to REINSTATE himto his former position without loss of seniority and other benefits and to pay him backwages from the time of his dismissal until actual reinstatement. The NLRC affirmed this decision. R Transport filed in the Court of Appeals a petition for certiorari on the ground that the NLRC committed grave abuse of discretion in affirming the decision of the labor arbiter. The CA denied the petition.Issues1. Did Ejandra abandon his job?2. Is there an employer-employee relationship between R Transport and Ejandra? 3. Was private respondent dismissed for just cause?Ruling1. No. R Transport failed to prove the requisites constituting abandonment. Ejandras absence was justified because the LTO did not release his license until after a week. He never intended to sever his employment as he reported for work as soon as he got his license back. If he aba ndoned his work, R Transport should have reported such fact to the nearest Regional Office of the Department of Labor and Employment in accordance with Section 7, Rule XXIII, Book V of Department Order No. 9, series of 1997.2. Yes. R Transport invoked the Supreme Courts rulings on the right of an employer to dismiss an employee. By adopting said rulings, R Transport impliedly admitted that it was the employer of Ejandra. The fact that Ejandra was paid on commission basis did not rule out the presence of an employee-employer relationship (Article 97(f), Labor Code).3. No. It also violated Ejandras right to procedural due process by not giving him the required notice and hearing provided for in Section 2, Rule XXIII, Book V of Department Order No. 9., series of 1997 (Rules Implementing Book V of the Labor Code).Ramos vs Court of Appeals () 380 SCRA 467Labor StandardsCase DigestsFactsPetitioner Erlinda Ramos was advised to undergo an operation for the removal of her stone in the gallbl adder. She was referred to Dr. Hosaka, a surgeon, who agreed to do the operation. The operation wasscheduled on June 17, 1985 in the De los Santos Medical Center.Erlinda was admitted to the medicalcenter the day before the operation. On the following day, she was ready for operation as early as 730am.Around 930, Dr. Hosaka has not yet arrived. By 10 am, Rogelio wanted to pull out his wife from theoperating room. Dr. Hosaka finally arrived at 1210 pm more than 3 hours of the scheduled operation.Dr. Guiterres tried to intubate Erlinda. The nail beds of Erlinda were bluish discoloration in her left hand.At 3 pm,Erlinda was being wheeled to the Intensive care Unit and stayed there for a month.Since theill-fated operation,Erlinda remained in comatose condition until she died.The family of Ramos sued them for damages. Issue win there was an employee-employer relationship that existed between the Medical Center and Drs.Hosaka and Guiterrez. HeldNo employer-employee between the doctors and hospital.Private Hospitals hire, fire and exercise real control over their attending and visiting consultant staff.While consultants are not technically employees, the control exercised, the hiring and the right toterminate consultants fulfill the hallmarks of an employer-employee relationship with the exception of payment of wages.The control test is determining.In applying the four fold test, DLSMC cannot be considered an employer of the respondent doctors.Ithas been consistently held that in determining whether an employer- employee relationship existsbetween the parties, the following elements must be present (1) selection and engagement of services(2) payment of wages (3) the power to hire and fire and (4) the power to control not only the end to beachieved, but the means to be used in reaching such an end.The hospital does not hire consultants but it accredits and grants him the privilege of maintaining a clinicand/or admitting patients.It is the patient who pays the consult ants.The hospital cannot dismiss theconsultant but he may lose his privileges granted by the hospital. The hospitals obligation is limitedtoproviding the patient with the preferred room accommodation and other things that will ensure that thedoctors orders are carried out.The court finds that there is no employer-employee relationship between the doctors and the hospitalFILAMER CHRISTIAN INSTITUTE v IACAugust 17, 1992FACTSFuntecha was a working student, being a part-time janitor and scholar of Filamer Christian Institute. One day, Funtecha, who already had a students drivers license, requested Masa, the give lessons driver and son of the school president, to allow him to drive the school fomite. entree to the request, Masastopped the vehicle he was driving and allowed Funtecha to take over behind the wheel. However, after negotiating a sharp self-destructive curb, Funtecha came upon a fast moving truck so that hehad to abbreviate to the right to avoid a collision. Upon swerving, they bumped a pedestrian walking in hislane. The pedestrian died due to the contingency. ISSUEWon Filamer Christian Institute should be held liableHELDYESFirst it should be noted that driving the vehicle to and from the house of the school president were bothAllan and Funtecha reside is an act in furtherance of the interest of the petitioner-school.The school jeep had to be brought home so that the school driver can use it to fetch students in the break of the day of thenext school day. Thus, in learning how to drive while taking the vehicle home in the direction of Allans home, Funtechadefinitely was not having a exult ride or for enjoyment, but ultimately, for the service for which the jeepwas intended by the petitioner school.(School president had knowledge of Funtechas desire to learn how to drive.) Court is thus constrained to conclude that the act of Funtecha in taking over the steering wheel was onedone for and in behalf of his employer for which act the school cannot den y any responsibility byarguing that it was done beyond the scope of his janitorial duties.The fact that Funtecha was not the school driver does not relieve the school from the burden of rebutting the self-confidence of negligence on its part. It is sufficient that the act of driving at the time of theincident was for the benefit of the school.Petitioner school has failed to show that it exercised diligence of a good father of a family.Petitioner has not shown that it has set forth rules and guidelines as would prohibit any one of itsemployees from taking control over its vehicles if one is not the official driver or prohibiting theauthorized driver from letting anyone than him to drive the vehicle. Furthermore, school had failed toshow that it impose sanctions or warned its employees against the use of its vehicles by persons other than the driver. Thus, Filamer has an obligation to pay damages for injury arising from the unskilled manner by whichFuntecha drove the vehicle since th e law imposes upon the employers vicarious liability for acts or omissions of its employees.The liability of the employer, under Article 2180, is primary and solidary. However, the employer shallhave recourse against the negligent employee for whatever damages are paid to the heirs of theplaintiff. On Labor Codes Rule XThe clause inside the scope of their assigned tasks (found in CC) for purposes of raising thepresumption of liability of an employer, includes any act done by an employee, in furtherance of theinterests of the employer or for the account of the employe at the time of the infliction of the injury or damage Even if somehow, the employee driving the vehicle derived some benefit from the act, the existence of a presumptive liability of the employer is unflinching by answering the question of whether or not theservant was at the time of the accident performing any act in furtherance of his masters business. Rule X, which provides for the exclusion of working scholars in t he employment coverage and on whichthe petitioner is anchoring its defense, is merely a guide to the enforcement of the substantive law onlabor.It is not the decisive law in a civil suit for damage instituted by an injured person during avehicular accident against a working student of a school and against the school itself. Present casedoes not involve a labor dispute.An implementing rule on labor cannot be used by an employer s a shield to avoid liability under thesubstantive provisions of the CC.Motion grantedG.R. No. 75112 August 17, 1992FILAMER CHRISTIAN INSTITUTE, petitioner,vs.HON. medium APPELLATE COURT, HON. ENRIQUE P. SUPLICO, in his capacity as Judge of the Regional Trial Court, Branch XIV, Roxas City and POTENCIANO KAPUNAN, SR., respondents. GUTIERREZ, JR., J.FACTSFuntecha was a working student, being a part-time janitor and a scholar of petitioner Filamer. He was, in relation to the school, an employee even if he was assigned to clean the school premises for only two (2) hours in the morning of each school day. Having a student drivers license, Funtecha requested the driver, Allan Masa, and was allowed, to take over the vehicle while the latter was on his way home one late afternoon. It is significant to note that the place where Allan lives is also the house of his father, the school president.Allan Masa turned over the vehicle to Funtecha only after driving down a road, a fast moving truck with glaring lights nearly hit them so that they had to swerve to the right to avoid a collision. Upon swerving, they heard a sound as if something had bumped against the vehicle, but they did not stop to check. Actually, the Pinoy jeep swerved towards the pedestrian, Potenciano Kapunan who was walking in his lane in the direction against vehicular traffic, and hit him. ISSUEWON there exists an employer-employee relationship between the petitioner and its co-defendant Funtecha. HELDYes. Funtecha is an employee of petitioner Filamer.He need not have an official appointment for a drivers position in order that the petitioner may be held responsible for his grossly negligent act, it being sufficient that the act of driving at the time of the incident was for the benefit of the petitioner. Hence, the fact that Funtecha was not the school driver or was not acting within the scope of his janitorial duties does not relieve the petitioner of the burden of rebutting the presumption juris tantum that there was negligence on its part either in the selection of a servant or employee, or in the supervision over him.The petitioner has failed to show proof of its having exercised the required diligence of a good father of a family over its employees Funtecha and Allan.