Our Culture Today Essay

Personal Beliefs, Attitudes, Values, Basic Assumptions, these values are universal to every human being living today, in the past and in our future. These values shaping our behavior relate to cultural context. Today our Societal attitudes toward homosexuality widely range in different cultures, historical periods, and locations, as do attitudes toward sexual desire, activity and relationships in general. In general many cultures have their own values regarding appropriate and unsuitable sexuality; some sanction same-sex love and sexuality, while others may condemn of such activities in part. Our culture today has changed a lot especially how we view the human body. In my first paragraph I will discuss personal beliefs and how it a tremdous effect on homosexuality community, including social attitudes in general. The issue on Gay sex in religion will have a variety of different views, but you will see the more firm believers that homo’s is a bad thing will be among the older generations, and they will be the ones that also have a harder time accepting it into their lives. Religions such as Judaism, Islam, and various regions of Christianity, are old school and forbid any type of sexual interactions between people of the same sex and preach highly that such an act is to be deemed sinful and that you will burn in hell. The reasoning behind this is very simple like stated above, those religions follow the bible very closely and if you search for it you will find this in the Old testament and New testament, which talks about their beliefs on that topic. Unlike our western religions Hinduism, Buddhism, Jainism and Sikhism, homosexuality is barely discussed although it may not be brought up as often these religions frown on this type of intercourse between two people to be considered a sin as well. Further In addition to the religions of East Asia, along with Chinese religion that passionate homosexual love is most often discouraged because it is believed to not lead to human satisfaction, and that human satisfaction can only come from opposite sex’s  In early religions it’s been said that since early middle age times, people who had sex with the same type of sex were blamed for bringing a deadly plague upon the land, and that their pleasures with each other were blamed for the frequent epidemics of disease which dramatically decreased the population. Crops were dying people didn’t have food, and people were falling over dead for no reason at all. The only thing they thought that was causing this was the â€Å"Homo’s. People were frightened and they thought the only way in order to rid their lands of this disease would be by being cleansed by fire, as a result homosexuals paid a drastic price from the people of the towns in which numerous individuals were tied down and burned at the stake or if they got somewhat lucky just had to have white-hot iron rods ran through them because they thought that this would cleanse the souls and stop the disease. Although the staking and hot ironing ended in the late 1980s similar thoughts have been made, inspired by the AIDS epidemic. In the years since, the epidemic has spread and now has many more heterosexual victims than homosexual. In the next paragraph I will further discuss the Values and basic assumption of play another key role into how our culture views the human body. Off the top of your head when you hear the word gay males, what’s the first thing your brain processes? Most often gay males are viewed as being effeminate. Or maybe you the first thing that comes to mind is that gay males are viewed as showing an interest in women’s fashion such as fashion design or hairdressing, which a lot are. Or perhaps when you think of a gay male it would be a guy would having a huge group of friends consisting females, Sadly we categorize â€Å"homo’s† like this in our culture today What would comes to mind when the word lesbians is thrown out there? Our culture society usually views them as having more of the manly features or what we call â€Å"Tomboy/ Dyke. † When then word Tomboy is thrown out there are society already has them categorized. The typical thought of a tomboy is one having a preference for short haircuts, tattoos and male clothing. Then of course we have both bisexual men and women. What pops in mind when you think of a Bi person? Some people might be seeing them as being sexually immoral, controlling, insincere or undecided. Male bisexuals and female bisexuals are usually on the down low about the choice they have made. Although the cause for most Bi’s is that because our culture is so rough and doesn’t welcome the gay community very well they have a hard time accepting it themselves an call themselves as Bi’s for the fear of how much we demand perfection. Another basic assumption about homosexuals is association with pedophilia. This is the major thing that always pops up and which as a result, some people fear exposing their children to homosexuals in unsupervised settings. This fear assuming that about all â€Å"Gay’s† had led them into making and assumption that their children might be molested, or converted to be gay themselves which in our culture that would just ruin families. Today in our society that is true many Homo’s that finally come out and tell their families just only ends up destroying them. As a result many homosexuals have committed suicide for the fear of judge-ment. What has left a bitter taste in the mouth about â€Å"gay† community and made an impact on how their viewed is that everyone is familiar with the publicity about the Catholic sex abuse cases, which in result has heightened these concerns for many parents. A group of establishments focus on these dawning concerns, drawing linking relations between homosexuality and pedophilia. Recently a number of small scale studies where done and shown that they have not found evidence that homosexuals are more likely to molest children than heterosexuals. Tests done showing that male homosexuals with a preference for adults; are no more attracted to adolescent or younger boys than male heterosexuals with a preference for adults are to adolescent or younger girls. Other research also suggest men who molest boys prefer adult women rather than men as sexual partners.

Organization Theory and behavior-power and authority Essay

Achievement of organizational objective depends on organization structure which is dynamic. Organization structure defines the flow of power and authority geared toward a particular course of action directed by organization’s objective. For organization structure to help to organization objective it is dependent on the employees. Employees operation are guided by the organization supervisors, whose their role is defined in the organization structures. Supervisor operations are dependent of power and authority which help to ensure things in an organization are done in the right way as well as achieving organization goals and objective. In organization management power and authority are very important as they help the organization to be able to direct organization employee toward organizational goals. Power and authority are dependent on the leadership model in an organization. Organizational managers are the leaders who employees report to hence their performance is dependent on the leadership offered by the manager. Achievement of organizational goal shall only be possible if power and authority are employed effectively. Authority and power helps the management to be able to create a productive culture through social process to guide employees’ capacity towards attaining organization goals and objectives. Power and authority helps the leader â€Å"†¦to create, maintain and improve a culture so that people will achieve objective (purpose) and continue to do so over time†¦Leadership in an organizations is a more specific process of influence since it involves goal that have been specified and can be measured or at least evaluated achieved only through employment of power and authority)† (Macdonald, Burke & Stewart (2006) pp 80). To influence employees toward organization goal, management can employ three ways according to Macdonald, Burke & Stewart (2006). That is force, manipulation and persuasion. Use of force by the management involves employment of force as well as real application of physical force to compel employees to work. Concept of force requires power to as it call for imposing one person against other employees, often referred to as coercion. Manipulation takes form of social distortion which direct requires the subject to do as they are told without asking questions. Manipulation is different force in that there is no coercion and employees are convinced that they are doing the right thing. Persuasion in an organization attempt to influence the employee to act in a certain way geared towards achieving organizational objectives without force or manipulation. It is dependent on will of the employee and mutual trust. Employment of force manipulation in an organization is dependent on the power and authority bestowed to the various leader or supervisors in the organizational operations. In an organization, authority is provided for by the organizational structure. Organizational structure grants an outline formal distribution of authority in an organization. Authority in an organization is largely provided for by formalization meaning standardized as well as rule and regulations that govern employee operations. Formalization defines the discretion in which an employee can act in his/her duties. â€Å"In an organization with high degrees of formalization, job descriptions and policies provide clear direction. Where formalization is low, employees have a great deal of freedom in deciding how to conduct their work†. In an organization different department exhibit different degree of formalization which may be base on the qualification of the employee to the organization affairs or rank of the employee. Authority is related to power in that it legitimizes supervisors to be able to direct and control subordinates to the intended course of action. Authority helps the supervisor to make decision geared towards organizational objective. Organization has three form of authority namely line authority, staff authority as well as team authority all distributed in the organizational structure. Line authority refers to straight supervisory form superior to subordinate organized such that it flows from top to the bottom of organization structure. Organization structure gives the chain of command which is unbroken line of command defining the decision, making process within an organization. Chain of command defining the authority of different personality in an organization helps employees to know who they are answerable to. This helps to avoid problem of duplication organization activities which comes due to more than one person assigning duties. Line of authority which is the basis of chain of command is linked to line department which are directly connected to production and sales of the organizational products. Examples of line department are marketing and production responsible for performance of the employees and reward. Staff authority as compared to line authority is more pegged to authority to advice base on the expertise and involves advising line managers. Employees help the line departments in coming up with the advices to be used for decision making but they lack authority to make the last decision. Staff supervision through suggestions made by line department decides on what is to be carried in the line department, coordinate as well as provide technical assistance. Team authority is executed by work teams responsible for daily operations in an organization. It comprises of groups of operating employees responsible for coordination of the organization operations. Team based structure as define under team authority in an organization organizes separate functions based on the overall organizational objectives. Authority is dependent to power such that for a supervisor to be able to get things done in accordance to the objectives of the organization power is required. â€Å"Everyone has power in one form or another and it is by exercising this power that organization get thing accomplished. Supervisors who are capable of achieving their objective independently of others are said to possess strength†. To be able to include people in the plan as well as organizational activities, supervisor requires power to get organizational things accomplished. Therefore, power is capability to apply influence in the organizational ahead of authority. This is gotten from the position as established by the organizational structure. In an organization a legitimate power bestowed to various leaders in an organization is established by individual position according to organizational hierarchy. Other forms of power include coercive power, reward power, expert power, referent power as well as information power. Supervisors’ power toward course of action depends on influence in the organization giving authority which may be centralized or decentralized. Centralization means the decision making power is concentrated on top of the management while in decentralization form of decision making authority is in lower level of employees. Relation of authority and power is that authority is the legitimate power of a supervisor to be able to direct employee to a certain course of action in accordance to organization goals. In a nutshell authority is a form of power delegated from the organization main authorities to subordinate.

Terrorism Thesis Example | Topics and Well Written Essays - 12500 words

Terrorism - Thesis Example The paper is also interested in exploring the effects of Mumbai attacks on NYPD, and the measures they planned to adopt in order to ensure peace and stability in their respective jurisdiction subsequently. The main objective behind investigating into the topic above-mentioned includes the exploration of the factors behind the rapid expansion of terrorists’ network and subsequent attacks in various regions by the beginning of 21st century, which has resulted into horrifying the world population in such a way that it has accelerated the pace and magnitude of hatred and abhorrence amongst the individuals belonging to divergent religious, racial and ethnic groups and communities of the world against the terrorists on the one side, and their rival groups and factions on the other. The terrorists appeared to be creating differences among the people belonging to divergent groups and communities in order to bring the civilisations against one another in a violent confrontation. A prop ortional increase in the gulf of hatred between the civilisations has also paved the way towards waging of wars at the hands of the US-led politico-strategic alliance against two Asian states including Afghanistan and Iraq in 2002 and 2003 respectively, because of the suspicion with regards to the involvement of two terrorist organisations namely Al Qaeda and Taliban in spreading and promoting terrorism in various countries by establishing their condemnable network in the above-mentioned US-invaded states of Asia. The paper is also interested in studying the motifs behind terrorism and similarities and dissimilarities between the strategies adopted by the police departments of both the countries under-examination i.e. USA and India undergoing the terrorist attacks. The researcher has elaborated the topic under-consideration within religious and historical perspectives. In addition to this, the researcher looks for adopting the content analysis as research method while collecting the informational data for the present study. The data gathered from NYPD and Mumbai statistical bureaus, websites and the national databases will be analysed, tabulated and computed in order to estimate the success ratio of the efforts made by the police departments of both these countries for countering terrorism from their respective motherlands. After the data analyses, interpretation of data will be made for the sake of making suggestions for the future researches to be conducted on the same or similar topics. Chapter 1: INTRODUCTION: Terrorism-- Meaning, Nature and Current Serge in the Modern Era: The term terrorism is rightly stated to be an instrument in the hands of the most frustrated and disappointed individuals of society undergoing the situation of alienation and aggravation because of the social injustices and inequalities prevailing in almost all societies and cultures of the world, carrying different level of intensity and magnitude, generally inflicted upon the lower s ocial stratum and depriving them of their share in the social and natural resources. Terrorism is, according to the US Department of Defence, the calculated use of violence or the threat of violence to inculcate fear; intended to coerce or to intimidate governments or

Ray Ban Sunglasses Essay Example | Topics and Well Written Essays - 750 words

Ray Ban Sunglasses - Essay Example It is important to bring to your notice that these designer wear prescription glasses help improve not only your vision but also ameliorate the eye strains. This is the forte of this brand as they offer Glass or polycarbonate lenses offer 100% UV protection. Ray Ban glasses always attract the customers without a second thought. Their new strategic media campaign for Spring/Summer 2007 "NEVER HIDE," is full of thought provoking innovativeness which happens to be the brand's benchmark. In its every form, the RAY-BAN campaign portrays regular guys and girls living their day to day lives with authenticity, with the courage to express themselves and their unique individuality, because the most fashionable thing to be is your self. Recently the company launched its campaign in New York and briefed its customers through a press release and said: "Ray-Ban has a rich history and an iconic personality that is authentic, real, bold and stylish. Ray-Ban has always created trends not followed them: authenticity and legacy mean something while flash and sparkle will come and go. But Ray-Ban is forever."(1) It speaks of timeless nostalgia. The elegance and subtlety of its design makes it an all time collector's item. For instance: the heavy metal Aviator series are unisex and look well proportioned on any face. Likewise the brand does not pose off cheap ritzy glasses that become dated after a while. The beauty of possessing a Ray Ban is the endorsement of its simplicity in design. Real trendsetters, real opinion leaders, real individuals believe the most fashionable thing you can be is yourself; to be authentic, real, bold and stylish. So to reclaim its rightful place as the legitimate leader of sunglasses, Ray-Ban has to only speak and act like their maverick selves. No wonder why all stylish models and celebrities put them because these glasses epitomize class and breed. Ray-Ban has adorned thousands of famous faces in international films, helping create the myth that it is today. To further explicate the proposition of purchasing only and only Ray Ban can be evaluated and gauged through the following review by one of its customers: "They are the ones to rock n roll. They speak of the 70s-80s style. They are perfect for my face. I think it looks good on anyone. There is a big difference buying sunglasses in streets. You could feel the quality and comfort because they are 100% authentic ray-bans, made in Italy. So, therefore I recommend for the people to get it if you could handle this hot item!"(2) This clearly proves that these designer wear glasses are every style conscious person's dream wear and imply the rich aesthetic sense of its wearer as well. Their supreme quality construction, sophisticated designs, and premier features like polarized lenses and durable frames make them ideal for activities ranging from heavy duty sports to driving. Appearing in hundreds of inspiring Hollywood films and beloved by fashion fans worldwide, the name "Ray-Ban" has become an icon in eyewear. Therefore, the Company's much coveted motto endorses its high claims and makes it the world's undisputed top notch designer wear brand-making it a worthwhile purchase. "Never pretend. Never be afraid. Never give up. Never Hide."

Natural environment Assignment Example | Topics and Well Written Essays - 250 words

Natural environment - Assignment Example Another equally disastrous effect of man’s unlimited usage of energy will be exhaustion of earth’s natural resources. Each human activity today will have its repercussions tomorrow. The manner in which man’s life might change because of the change in the environment is complex and quite unpredictable. The rapidly changing climate will have an impact on a person’s life by endangering life itself through natural disasters. It is not only the poor countries that will suffer but rich countries will suffer as well evident from instances such as Katrina and Aila leading to a crash in the world’s economy and creating economic problem for each individual . Problems in crop production might lead to market politics and decrease in food security. Famines might also result from this. Bad air and water quality will affect a person’s health and reduce the quality of life. Man-wildlife conflict is bound to harm man’s life as well with rapid urbanization and an increase in stress factors on wildlife (Hunter, 2007, p316). Another major problem will be scarcity of water because of rapid decrease in potable water leading scientists to predict as 3rd World War over this precious resource. Exhaustion of natural resources would bring man’s life to a stand-still since man is over dependent on resources such as coal, petroleum and natural gas. Since man’s future depends on the present activities, mitigation efforts and plans need to be constructed to help restore the environmental quality and control anthropogenic activities thereby ensuring continuation of life on

Assistant VP OF Development at Al-Saif Trading Agencies Company Assignment

Assistant VP OF Development at Al-Saif Trading Agencies Company - Assignment Example Achieving of the targets will ensure the guaranteed profitability of the company and that will enable the company to gain market dominance over its competitors (Den 2000). Al-saif Company is a company that intends to specialize in utensils that would suit households in Saudi. The company aims at developing local utensils that were used in the past by modernizing them without any form of deformation (Al-saif.biz) .The Company is one of the biggest retailers in the country and it has a reputation that is suitable for most of its suppliers. The company is also considered to have a financial position that is unique because of the independence and strength that exists in the administrative structures of the company. My plans and strategies My strategies will be aimed at adding more coordination in the administration department. I will also ensure that the customers are satisfied with our services and the suppliers are comfortable with the payment terms. I will also strive to ensure that t he staff of the company is properly coordinated to ensure increased efficiency and productivity (brandhouseadv.com). Strategies aimed at customers The customers are the most important assets to the business. The customers should be the first priority when the company is coming up with any strategy. I will liaise with the management of the company so that we can establish a 12-hour respond time. This strategy will ensure that we respond to the customer’s requirements before 12 hours. Therefore, the customers will not repeat calls to follow up on the progress of their requests. That will lead to customer satisfaction. Satisfaction is a critical thing that customers want from their suppliers (Buhler 2002). I will also request for the establishment of a feedback system in which the customers can give their feedbacks in regard to the services provided by the company and the way that they thing that the company can enhance its service provision. I will also recommend that the manag ement come up with classes on communication skills. The lessons on communication skills will ensure that the customers are properly attended to (Lamont 2003).The class will also enhance communication among the staff and that will ensure that company policies are perfectly communicated and executed and that will result in efficiency. Strategies aimed at the administration department I will ensure that there are policies that will ensure that the administrative department is properly streamlined. I will do that by ensuring that the files of the customers and suppliers are updated on a daily basis to avoid any instances of backlogs or wrong entries. Updating of the company files will ensure that the company has up to date records on the items that are demanded most and the items that are out of stock (Day 1994). The policy will ensure that there are no instances of stock outs in the business and stock out costs will not be incurred in the company. The administration department will als o be responsible in ensuring that that office supplies are available when they are required. Strategies directed towards suppliers Suppliers are another important part of the business. The suppliers of Al-Saif Company are from all over the world. That means that there should be effective communication between the company and the suppliers. My experience in working in different places will enable me coordinate with the suppliers who are from a

Art history comparison of two works Essay Example | Topics and Well Written Essays - 750 words

Art history comparison of two works - Essay Example River in the Catskills captures the effects of industrialization which was slowly but surely making its presence felt even in the bucolic landscape of the Catskill Mountains. Albert Bierstadt’s The Buffalo Trail retains much of the landscape without depicting any interference of modern life. Coles work is in contrast from his earlier work, and here we see there are no large trees to frame the picture and thus what we get is an open landscape. In the middle distance can be seen a locomotive engine and some railroad cars. In the foreground can be seen a man looking out at these modern contraptions, while beside him can be seen trees which have been cut down. Bierstadt’s painting, on the other hand, binds the attention of the viewer by the tall trees in the foreground and the beginnings of a storm which just may unleash itself at any moment. The two paintings differ from each other most pointedly in the use of color. Coles painting uses a large number of colors from the palette, while Bierstadt’s landscape is made up of muted colors, the emphasis being on the grays and browns. In Coles work there is no large tree, while the other painting shows the grandeur of nature, both by incorporating the big trees as well as the herd of buffaloes crossing the river. Thomas Cole’s River in the Catskills has confounded scholars because it â€Å"does not readily fall into an established category of landscape painting† (Wallach, Alan, June2002) but there is no doubt that it is a pastoral scene where we can see the distress of the artist at the encroachment of modernity. This painting is also more realistic, since we see the artist bringing in the idea of change that will necessarily follow whenever inventions begin to coexist in this pastoral scene. Bierstadt’s landscape is on the other hand a work in which we can see how the painter has given us an illusion of space. He achieves this by keeping the middle ground and background clear of unnecessary details and in

Health Effects of Water Fluoridation Research Paper

Health Effects of Water Fluoridation - Research Paper Example Questions concerning the health impact of fluoride have been raised by various experts arguing that water fluoridation carries with it significant health risks which may not be easily managed in the long run. This paper will provide an analysis of the health impacts and the current health situation in relation to the use of fluoride in the water, mostly in countries of Central Asia, including Pakistan, India, Sri Lanka, Bangladesh, and Nepal. This analysis is being carried out in order to establish a more thorough understanding of the impact of fluoride on health, details which can help health authorities in their policy-making activities concerning fluoridation of water in these areas. Body In general, fluoride is often added to water as a decontamination agent to remove bacteria and other possible contaminants (Sharma 2003, 1). In various countries, especially in developing countries, this is the only means of filtering their water supply. It is a cheaper and easier option for these territories whose need to decontaminate the water supply is imperative. Other, more developed, countries, have other decontamination processes and options, options which allow them to do away with the fluoridation of their water supply (Fawell, et.al., 2006, 18). In Central Asia, fluoridation of water is a common practice. However, in recent years various health issues in regard to the persistent introduction of fluoride in the water have been raised (Fawell, et.al., 2006, 15). Some of these health issues will be specified below.... It is a cheaper and easier option for these territories whose need to decontaminate the water supply is imperative. Other, more developed, countries, have other decontamination processes and options, options which allow them to do away with the fluoridation of their water supply (Fawell, et.al., 2006, 18). In Central Asia, fluoridation of water is a common practice. However, in recent years various health issues in regard to the persistent introduction of fluoride in the water have been raised (Fawell, et.al., 2006, 15). Some of these health issues will be specified below. Based on an assessment by the British Geological Survey (n.d, 2), fluoride build-up has become significantly apparent in the ground waters of Central Asia and Africa. Countries that have been affected worse include China, India, Sri Lanka, West Africa, and other African and South American territories (British Geological Survey n.d, 2). Fluorosis issues arose in India and became major issues for its various territor ies, including Pradesh and Tamil Nadu. Fluorosis also emerged as a major issue in Sri Lanka and Bangladesh (Fawell et al. 2006, 29). In Pakistan, fluorosis was also seen as a major health issue, and this prompted detailed research studies by the UNICEF on the subject matter (Fawell et al. 2006, 29). In recent years, recommendations on the elimination or at least the reduction of fluoride in the water have been suggested as a healthier option for the decontamination of water. To some extent, the reduction of fluoride use has been implemented; however, undeniably, the health effects of fluoride in water are still persistent. At low concentrations, fluoride is beneficial to the teeth, mostly in helping eliminate teeth decay;

A strategic map of different drinks Essay Example | Topics and Well Written Essays - 2000 words

A strategic map of different drinks - Essay Example Multi-brand Dominate brand Single brand Regional National International A strategic map provides a visual evaluation of how a brand dominates the market concerning its presence in the market. from the case study, the strategic map would be represented by the above graph. The products have been evaluated by comparing the brands and their presence in the market. other products available in a specific region have the lowest position in the strategic map, this is because they are a local product and the management has not focused on marketing. Comparing products available internationally, single brand products like Red bull and Rockstar are positioned lower compared to dominate and multi-brands. A brand with many products attracts a larger market share compared to a product with a single product. In the case study, Coca-Cola and Pepsi are better positioned compared to other brands under evaluation. For other brands to compete effectively with the best-positioned brands, the management ne eds to market the products to the international market. the management needs to strategize to ensure product diversity in a brand. Geographic distribution will increase product scope and diversity in a product will allow customers to have choice. Products like 5-hour energy are moderately positioned in the strategic map in terms of distribution, the single brand is distributed nationally placing it above regional brands (Gamble, 2010). 5. What key factors determine the success of alternative beverage producers?   The beverage industry is competitive due to the many players that have invested in it. The success of each player is dependent on various factors. One of the main factors is a strong brand name. some of the older and established brands have a larger market share compared to the newer brand. Companies like Coca-Cola and Pepsi have a larger market share. Market penetration is another factor influencing the success of products. Brands that have penetrated the market and have a global distribution system have more sales compared to local brands. The companies are able to advertise their products through developed distribution channels. Big companies like Pepsi and Coca-Cola have established productions and distribution outlets in many parts of the world to ensure that the customer has access to the product. The taste of the beverage is also a key factor, the beverage should have a unique taste that attracts clients to the brand. Coca-Cola has a secret formula that is passed down from generation to generation, giving Coca-Cola a unique global brand. The beverage companies invest heavily in the marketing of its products, marketing creates market awareness thus increasing the popularity of the products. Marketing also informs the customers of the variations in the products a brand has and their availability. Beverage companies have to invest in innovation. The management should ensure that the company competes not only in its primary competition group but also against other beverages in the market. 6. What recommendations would you make to Coca-Cola to improve its competitiveness in the global alternative beverage industry? to PepsiCo? to Red Bull GmbH? Coca-Cola has a good position in the market. To maintain this position, the company has to carry out extensive research to evaluate the customers’ needs in the global market. Through research, the company will be able to produce new products that will appeal to the dynamic beverage market. Through market research, the company will be able to evaluate the products being produced and discontinue production of non-profitable products. The resources can be reassigned to profitable product and the production of new products in the market (Gamble, 2010). Pepsi is also a strong brand in the market, the main

Personalised Comments Essay Example for Free

Personalised Comments Essay The presenter refers to her own experience several times in the text. She uses the expressive function using the first person story. Line 79-80: First time I heard him say that I burst out laughing in the dressing room some people er visiting QVC I just think must sound very very strange if you Here she refers to one of her experiences. The reason she might be doing this is to create solidarity with the audience. She attempts at being conversational intimate so that the audience feels like they know the presenter and will trust what she is saying. Line 62-64: Ive just realised something (2. 0) but all will become clear (2. 0) in just a couple of moments. I have changed the ear in which I wear my earpiece I used to wear the earpiece on my right ear She speaks about herself here as an incident has occurred and she feels obliged to explain what has happened in order to include the audience. She adopts a chatty, friendly tone. The presenter uses personalised comments to be deliberately informal. 2) Generic Features of Discourse The text has a number of generic features that are found in this type of discourse and spoken language in general. The presenter possesses some of these features, although they are kept to the minimum. This could be because she is a professional and experienced in this field. She makes informed comments, which adds authority to her utterances. She does this by using pseudo-scientific talk. Pseudo-scientific talk and Field Specific Lexis She uses pseudo-scientific lexis throughout the text as it gives the product prestige and this acts as a persuasive device. Line 13: Look at the shape of the vial its almost as slightly Here she uses pseudo-scientific vial, which is also a quasi-technical word. This adds prestige to the product and it makes her sound professional, and authority and the repetition of this lexeme adds emphasis. Line 23-24: turn it to the light here you can see that swirl of silver Phonological patenting like sibilance and alliteration make the products more memorable. The use of sibilance in swirl of silver adds rhythm and interest in the description of the product in order for the presenter to attract the attention of the audience. Line 40: Have a look at these the diomodice saltier dangle drop earrings Here she guides the audience, using a mitigated imperative form, to look at the product without sounding too authoritative. She uses pseudo scientific field specific lexis related to diamonds, to add weight to her utterances, and uses a neologism. This reference to diomodice sounds precious and exclusive. Alliteration is also evident dangle drop which works as a cohesive and attention seeking device. Although the information is al times technical and scientific, more often it is emotive and based on opinion rather than fact as throughout the data she describing the products suing personal endorsement and opinion, often implicitly. Discourse Markers She uses discourse markers to indicate the beginning or the end of a segment of the programme. Line 8-9: Now you could go into some of the most competitive jewellery stores Line 23: Now look as I just turn it to Here the discourse marker now is used as a tool to draw attention to what she wants the audience to look at. In the former utterance the presenter uses the conditional form could, which is more of a mitigated directive so it has a less authoritative feel. Deictic words like now and hyperbolic adjectives amazing are as Ogilvy describes them, all shop worn clichis that work in the world of advertising. In the latter utterance she uses an imperative look as the audience are being urged to buy. This adds a degree of immediacy and authority and puts the presenter in position of power. Line 36: Now previously over 500 of you have gone for this particular pendant Line 89-90: but never mind. Lets have a look at what er we are going to be talking about now Discourse markers make it clear when there is a subject shift and draws the audiences attention to what the presenter will be talking about next.

Muhammad A Revolutionary Prophet Theology Religion Essay

Muhammad A Revolutionary Prophet Theology Religion Essay To both the Muslim faithful, the name Prophet Muhammad is not alien. Previous to his birth, many kinds of religious beliefs and practices reigned supreme but he came with another definition of what faith in Allah truly is. His beliefs can be truly referred to as revolutionary. According to general school of thought, revolutionary refers to the overthrow of an established government by those formerly under its authority (The Harcourt Brace School Dictionary: 628). It could also mean great change in a condition (The Harcourt Brace School Dictionary: 628). The transition of America from the monarchical political system to new governmental foundation for the colonial states was as a result of values gathered from years of being enlightened due to deep thoughtful period is correctly referred to as revolution whereas a revolutionary refers to an individual who is involved in effecting the radical change. The prophet of Islam, Muhammad ibn Abdullah, was truly a revolutionary. Major spheres of life such as religious, social and political received a new meaning due to the philosophies Prophet Muhammad brought into these areas of life. Many events concerning him were penned down by some scholars: many shared belief in some of these writings while so many people were also in doubt of these. Some even called him Apostle of Allah Ibn Ishaq -(Muhammad ibn Ishaq (d. 767 or 761) (justislam). Prior to Islamizing Mecca, there were many tribes which was headed by the tribe known as Quraysh and accumulated much of its wealth from the tribes that would make pilgrimage to Mecca which was an important holy site for the polytheistic religions of the nomadic Arabs. As at then, The Arabs worshipped spirits associated with natural features such as stones and trees (William: 26). When the Prophet Muhammad brought one of the most important part of Islam, Tawhid which is translated as (Uniqueness and Unity of God), this message principle coded in this message immediately challenged the existing religious beliefs because it completely disapprove the worship of other tribal idols. Tawhid is contained in the 112th chapter of the Quran. It is to be noted that Quran is the holy book of the Muslims and contains divine message to the people (sufibooks). Prophet Muhammads messages really did not go down well with many people. These people were already entrenched in theory local beliefs that they (the Meccan elite) saw him as a revolutionary leader espousing an ideological message that threatened their social, economic, and political dominance. (Mir Zohair Husain : 45). The theological tenets of Muhammad was so strong that he left no stone unturned when he purify it by smashing the polytheistic idols (Frederick: 66) when he entered Mecca and approached Kaba. All his messages are already contained in the holy book (Darultawhid). Considering the fact that Islam is a holistic way of life its religious tenets present quite a number of social repercussions. The Prophets message of Islam was revolutionary on this front as well. Muhammad made it know to them that the Arabs pre-Islamic social life was referred to as the period of jahiliyya or the period of ignorance. Because of this ignorance, Peoples allegiances were absolutely to their tribe and family irrespective of whether the tribe was right or wrong. A kind of anarchy reigned among tribes because each of them was fighting his own course and that of his tribesmen. (William: 26). Another noticeable thing was that there was also an increasing gap between the wealthy and the poor (William : 27). This was causing strains in the society and made some individuals to be exploited by the elite which is considered wrong by the prophet. In addition to other things, Muhammads first followers were amongst the poor and were at times tortured because they were seen as expendable. The Prophet of Islam strongly countered this with the Islamic injunctions of social justice. Muhammad frequently stated that all are equal before God (Mir Zohair Husain : 46) which effectively eliminated tribal-elder status, socio-economic status and any superiority based on race or physical traits. This was a revolution in the social and political history of Arabia (Frederick: 66) which started with the bloodless victory of Mecca by the Prophet Mohammed (May peace be upon him) in 628. This political change was not simply a reform in the Arabs political life but was a radical shift from self-inte rested tribes made up of families and clans to a more unified nation based on religious orientation. No doubt, in today world, the revolution of Muhammad is still alive since .Islamic revivalism is an explicit illustration of this. The modern movement of Islamism is the re-emergence of Islam as a social and political force to be reckoned with in a world that is dominated by religious, social and political systems that are not in accordance with an Islamic message. Movements based upon the Prophet Muhammads teachings are taking place and are attempting to replace non-Islamic entities. Modern Islamism is also global in scope (Mir Zohair Husain : 55) and targets religious, social and political entities that may have little or no Islamic influence just as pre-Islamic Arabias values were founded on principles which Islamic values challenged. The shift in Arabia is an after effect of Prophet Muhammads message. The Prophets message and cultivation of his way of life in his community would not be such a distinguished force in the world today if it didnt espouse a new, fundamentally different, social milieu. In conclusion, as a true fundamentalist, Prophet Mohammed has proved beyond doubt that his mission is not just humane but divine. From the time of his birth to the situations that surrounded his birth, Mohammed, no doubt has proved that he was a courier of a greater knowledge than the society and environment he met himself. Although the ancient Arabs worshiped their own gods in their own way but Mohammed made it a point of duty to preach divine truth to these people. Quite expectedly, many od these Arabs took it as an insult while so of them understood the thesis of the message Mohammed was preaching but a true revolutionary, he was unshaken and pursued his objectives with vigor. His vigor further gave him the badge of true revolutionary and when he challenged the religious practice as this was true to his nature; fighting a just course. From which angle this great revolutionary is viewed from, he may be not be everything to everybody but he is a true revolutionary to everyone.

Hackers and the Internet :: Cyberspace Essays

Hackers and the Internet Internet Security covers a broad list of topics. I have chosen to cover hackers and their history. I will go through who hackers are and how we define hackers. I will also cover the history of how hackers got started. This was a very interesting topic and may surprise a lot of people who have had misconceptions of what hackers do due to how the are covered by the media. In the 1960’s at MIT a group of curious students, members of the Tech Model Railroad Club, decided to hack into the MIT Artificial Intelligence Lab. At this time hackers were encouraged to explore and were not considered malicious like the hackers the media portrays today. These groups of students were allowed access to the MIT AI Lab by the lab’s director Marvin Minsky. In the 1970’s a trend started with phone hacking. Phreaks exploit phone systems to make free long distance calls. One famous phreak is John Draper, also known as â€Å"Captain Crunch†, made long distance calls for free by blowing a certain tone in a telephone. This tone opened a line on the phone system and he was able to make long distance calls for free. Two names that everyone is familiar with are Steve Jobs and Steve Wozniak; these two gentlemen founded Apple Computer. However, what a lot of people did not know is that they were members of Homebrew Computer Club. While being members of this club they began making â€Å"blue boxes†, which are devices used to help phreaks access phone systems. Steve Jobs and Steve Wozniak had handles that they were known by and they were â€Å"Berkley Blue† and â€Å"Oak Toebark†. By the late 1980’s computer hacking had grown so much that a magazine was formed called 2600: The Hacker Quarterly. This magazine shares tips on phone and computer hacking. The government responds to this growth by passing the Computer Fraud and Abuse Act and forming the Computer Emergency Response Team. This gives the government more authority in tracking wily hackers. This about the same time that the Media did a lot of coverage on Kevin Mitnik, a well known computer hacker who was convicted of stealing software and was sentenced to one year in prison. By the 1990 the instances were computers were hacked grew exponentially.

Complex Visual Hallucinations and Macular Degeneration :: Optometry Psychiatry Neurology Essays

Complex Visual Hallucinations and Macular Degeneration Located in the center of the retina, the sensitive macula provides us with sight in the center of our field of vision. When we look directly at something, the macula allows us to see the fine details. This sharp, straight-ahead vision is necessary for driving, reading, recognizing faces, and doing close work, such as sewing. Macular degeneration is the impairment of this central macular area. Age-related macular degeneration (AMD) is the most common cause of vision loss in the Western world in the over 50 age group. It most commonly affects those of northern European descent and is uncommon in African-Americans and Hispanics. The prevalence increases with age. It affects about 15% of the population by age 55, and over 30% are affected by age 75 (Miller, 1992). In macular degeneration a layer beneath the retina, called the retinal pigment epithelium (RPE), gradually wears out from its lifelong duties of disposing of retinal waste products. Eventually the capacity of the RPE layer to handle these metabolic products is overwhelmed and the RPE begins to degenerate (Miller, 1992). Other deep layers involved in development of macular degeneration are Bruch's membrane and the choroid layer. Additional factors that may hasten loss of the RPE layer, and the resulting degeneration of the central retina (macula) include hereditary factors, ultraviolet rays from sunlight, and blue iris color (more UV rays reach the retina in blue-eyed patients, probably because of the lower pigment density in the eye). There are basically two forms of macular degeneration. So-called dry (or atrophic) macular degeneration, which accounts for 90% of cases, is caused by the aging and thinning of the tissues of the macula (Miller, 1992). This type is characterized by tiny yellowish deposits under the macular part of the retina. These deposits are known as drusen and may increase in size and number over time. Areas of loss of retinal and RPE layers in the macula may gradually appear. Small clumps of brown pigment from the degenerating RPE layer also are commonly seen. The other major form of this disease is wet (or exudative macular degeneration) which is a much greater threat to vision loss even though it accounts for only 10% of cases. This type can be associated with a more sudden loss of vision due to leakage or bleeding under the macula from abnormal vessels, called the choriocapillaris, arising from one of the deeper layers.

The Moon :: essays research papers

The moon   Ã‚  Ã‚  Ã‚  Ã‚  The moon is the only natural satellite of Earth. The moon orbits the Earth from 384,400 km and has an average speed of 3700 km per hour. It has a diameter of 3476 km, which is about  ¼ that of the Earth and has a mass of 7.35e22 kg. The moon is the second brightest object in the sky after the sun. The gravitational forces between the Earth and the moon cause some interesting effects; tides are the most obvious. The moon has no atmosphere, but there is evidence by the United States Department of Defense Clementine spacecraft shows that there maybe water ice in some deep craters near the moon's North and South Pole that are permanently shaded. Most of the moon's surface is covered with regolith, which is a mixture of fine dust and rocky debris produced by meteor impact. There are two types of terrain on the moon. One is the heavily cratered and very old highlands. The other is the relatively smooth and younger craters that were flooded with molten lava. Throughout the 19th and 20th centuries, visual exploration through powerful telescopes has yielded a fairly comprehensive picture of the visible side of the moon. The hitherto unseen far side of the moon was first revealed to the world in October 1959 through photographs made by the Soviet Lunik III spacecraft. These photographs showed that the far side of the moon is similar to the near side except that large lunar maria are absent. Craters are now known to cover the entire moon, ranging in size from huge, ringed maria to those of microscopic size. The entire moon has about 3 trillion craters larger than about 1 m in diameter. The moon shows different phases as it moves along its orbit around the earth. Half the moon is always in sunlight, just as half the earth has day while the other half has night. The phases of the moon depend on how much of the sunlit half can be seen at any one time. In the new moon, the face is completely in shadow. About a week later, the moon is in first quarter, resembling a half-circle; another week later, the full moon shows its fully lighted surface; a week afterward, in its last quarter, the moon appears as a half-circle again. The entire cycle is repeated each lunar month, which is approximately 29.

Materials and Methods

All of these Jobs were processed by a screening tool called the Physical Demands Analysis Worksheet. With this work sheet along with feedback from the worker we were able to determine and make an early hypothesis at the Jobs with the highest biomedical risk. Once the specific risk factors of the job have been identified, we can then use ergonomic analysis tools and guideline comparisons to pacifically quantify the Job demands. The specific analysis tools that we will use to identify the Job stresses are DSSSL, AD Watch. NOSH lift/pull/push equations and table guidelines, Snoop carrying/left/lower/push/pull equations, and the Rapid Upper Limb Assessment.The assumption made when gathering Information on the worker Is to assume all workers have the same/scalar dimensions as the worker being analyzed for this job. For the job demands that require the worker to use low back moments (skate sharpening, boxes off shelf, Winter stagier and skate filter tasks) the analysis tools that will be u sed are DSSSL and AD Watch. The collected data used came from measuring the weights of the objects and subject by a simple weight scale assuming no peculations between loads. Other measuring devices such as measuring tapes to measure distances and heights, galvanometer to measure Joint angles, camera for picture to analyze after work site analysis and force gauge to measure push and pull forces.These models will be used to measure the outputs and compare them to the Action Limits and/or Maximal Permissible Limit. In order to find out which tasks exceed the Action Limits and/or Maximal Permissible Limit of the compression or shear forces along the spine measurements of postures and loads must be collected. Once the data Is collected and calculated the comparison will be between the actual comparison will be between the two Joint models; DSSSL and AD Watch to determine the optimal Joint loads and increase the validity of the results. Shoulder tasks will also be analyzed by the DSSSL f or awkward shoulder movements and postures with loads.Other Job demands(snowboard waxing, boxes off shelf, winter Steiner, Skate Filter-lifting) that require lifting, pushing, pulling, and carrying will be calculated using NOSH equations. These calculations require the data collection of the repetition of the task, the distance traveled via pushing/carrying/lifting by using measuring tape, force(load) by using a force gauge or weight scale, and general information about the individual. The comparisons will be between the calculated results and the NOSH and SNOOP guidelines and also a comparison between the woo guidelines. To properly interpret the data to encompass a wide range of workers we will general construct our data for worse case scenarios or for workers of the Male 10th %.Lastly the Rigid Upper Limb Assessment will determine what risks are in upper limbed tasks(skate sharpening, snowboard waxing, winter Steiner, and skate filter tasks) by using Joint angles (measured by gon iometry) and loads (measured by force gauge or weight scales). The comparison is within the assessment based on the resultant number. The purpose of all the assessments is to identify and quantify the risk of injury to understand the location of the risk and therefore investigate possible solutions. When considering our recommendations we will re-assess the risk factors using the same tools for the same Jobs to compare and note improvements. An assumption made for this particular tool is to neglect any lower limb contributions to the risk of injury when performing the tasks. Also another assumption is using this model for non-static work such as snowboard waxing.

A Room With A View Essay

â€Å"A Room With A View† is a novel written by Edward Morgan Forster, in 1908. I will be analysing two different versions of the film and I will be comparing the first three establishing shots, as well as the kiss between George Emerson and Lucy Honeychurch, who is the main character. The first adaptation I will be analysing is by Merchant Ivory, who are most famous for their costume dramas. The second adaptation I will be studying is by Andrew Davies, who is famous for his small-screen adaptations of costume dramas and classical dramas. â€Å"A Room With A View† was written in 1908. Forster started planning this novel when he was travelling with his mother and aunt in 1901. At the time, he was 21 years old. When he went travelling, he thought of his future and his country. However, in the novel, he decides to look back to the reign of Queen Victoria- which ended in 1901. Charlotte Bartlett is portrayed as a backward looking character, who prefers the old-fashioned way of doing things. Lucy Honeychurch, however, likes to try out new things, but she does begin to feel slightly insecure. George Emerson, whom Lucy falls in love with, is also a forward looking character. The screenplay of â€Å"A Room With A View† is written by Ruth Prawer Jhabvala. The film was directed by James Ivory, and produced by Ismail Merchant. When Merchant Ivory had adapted â€Å"A Room With A View†, they assumed wide spread distribution. Merchant Ivory had a well-established reputation for costume drama, so they had to live up to their name. This meant that they employed lavish famous actors and actresses, such as Maggie Smith (Charlotte Bartlett), Helena Bonham Carter (Lucy Honeychurch) and Dame Judi Dench (Eleanor McLavish). The first five minutes of the Merchant Ivory adaptation show quite a lot. The film starts with the credits. The credits are accompanied with the music of the famous Italian opera singer, Puccini. In this particular type of music, a woman is singing. This is called soprano, however, it is also known as soprano aria. Aria means single voice singing, which is always a female voice. The credits are also accompanied with boxes, which have been decorated with Florentine motifs. In each of the boxes, there is a picture of an animal, which depicts a certain character. George Emerson, for example, is shown as a Ram, which shows he is quite a passionate, forward-looking character. In Merchant Ivory’s adaptation of â€Å"A Room With A View†, the first establishing shot that we see is the name of the hotel in which Lucy and Charlotte Bartlett are staying- Pensione Bertolini, in Florence, Italy. At first it may not seem like it, but this anticipates Merchant Ivory’s use of intertitle, which continues throughout the film. Intertitle was first used when films became a form of entertainment- as silent movies. When films first came into being, as we know they were silent. They used to proceed by a compromise by what was revealed by image and what was revealed by word onscreen. Sometimes the word would tally with the chapter title. Merchant Ivory used this technique in â€Å"A Room With A View†, in the whole film. They usually feature Forster’s preference for unusually long chapter titles. The second establishing shot is when Charlotte begins to complain about the room, as she and Lucy specifically asked for a room with a view. However, they received a room without a view. The shot begins when Lucy’s throws open the shutters, and is quite disappointed with what she sees, as her and Charlotte both expected a view of the River Arno. As Lucy opens the shutters, she looks much more disappointed with the view than Charlotte. This establishing shot also gives us an idea of what the characters are like. The clothes which are being worn by Lucy and Charlotte describe the characters to us. Lucy appears to be wearing a young modern dress, whereas Charlotte is wearing a Victorian-style dress. Between the second and third establishing shot, there is a tracking shot, which shows Lucy and Charlotte walking down the stairs on the way to the dining room. Merchant Ivory chose to do this, so the audience would become familiar with the hotel in which Lucy and Charlotte are staying. On the way to the dining room, there is a slight obstacle. This may signify the obstacles Lucy and Charlotte may come across, further on in the film. The third establishing shot takes place in the dining room. Lucy and Charlotte take their seats at their table and then a voice is heard. Dame Judi Dench, who plays Miss Eleanor McLavish, is identified by her voice. There is a panning out shot, which gives an impression of all the residents staying at the Pensione Bertolini. There is a momentary focus on Miss McLavish, who is identified by voice. Eye contact is then made between Lucy and George Emerson, which may be the start of a new romance. George makes a question mark on his plate from his leftovers, which he then shows Lucy. George Emerson is often associated with the question mark. This may show that he is the questioning type. After Charlotte and Lucy swap rooms with the Emersons, Charlotte spots a question mark, which has been drawn on the back of a picture hanging on the wall. George then walks in, turns the picture the right way round, and then leaves. The question mark which was made from the leftover food is an example of visual shorthand. It may signify him asking Lucy â€Å"what are we doing here with all these old people? â€Å". Andrew Davies adapted the same scene as Merchant Ivory, as to where the kiss between George and Lucy took place. The slopes of Fiesole are hills, located just outside of Florence. The scenes leading up to the kiss, start off when there is embracing between the cab driver and his â€Å"sister†. This scene acts as leitmotif, which anticipates the kiss between George and Lucy. When they arrive, the women are separated from the men. Lucy, Charlotte and Miss McLavish find a spot to sit down. Miss McLavish and Charlotte engage in deep conversation, which is the work of the producer. Lucy goes off to find Mr Beebe. As she does so, the romantic music by Puccini starts up again. Lucy goes back to the cab driver and asks him to take her to Mr Beebe. However, Lucy is not very good at speaking Italian, therefore when speaking to the cab driver, she accidentally asked for â€Å"the good men†. The cab driver and Lucy then walk onwards. Because of the slopes, Lucy uses her rolled-up umbrella to help her walk on the hills. Merchant Ivory deliberately focus on the rolled-up umbrella, which functions as a phallic symbol-male potency. Lucy then realises that the cab driver has accidentally taken her to George. She walks over to George to ask him of Mr Beebe’s whereabouts, but he grabs her and kisses her.

Title 2 Cases

FIRST DIVISION [G. R. No. 144712. July 4, 2002] SPOUSES SILVESTRE and CELIA PASCUAL, petitioners, vs. RODRIGO V. RAMOS, respondent. DECISION DAVIDE, JR. , C. J. : Before us is a petition for review on certiorari assailing the 5 November 1999 Decision[1] and the 18 August 2000 Resolution[2] of the Court of Appeals in CA G. R. CV No. 52848. The former affirmed the 5 June 1995 and 7 September 1995 Orders of the Regional Trial Court, Malolos, Bulacan, Branch 21, in Civil Case No. 526 -M-93, and the latter denied petitioner’s motion for reconsideration.The case at bar stemmed from the petition[3] for consolidation of title or ownership filed on 5 July 1993 with the trial court by herein respondent Rodrigo V. Ramos (hereafter RAMOS) against herein petitioners, Spouses Silvestre and Celia Pascual (hereafter the PASCUALs). In his petition, RAMOS alleged that on 3 June 1987, for and in consideration of P150,000, the PASCUALs executed in his favor a Deed of Absolute Sale w ith Right to Repurchase over two parcels of land and the improvements thereon located in Bambang, Bulacan, Bulacan, covered by Transfer Certificate of Title (TCT) No. 05626 of the Registry of Deeds of Bulacan. This document was annotated at the back of the title. The PASCUALs did not exercise their right to repurchase the property within the stipulated one -year period; hence, RAMOS prayed that the title or ownership over the subject parcels of land and improvements thereon be consolidated in his favor.In their Answer,[4] the PASCUALs admitted having signed the Deed of Absolute Sale with Right to Repurchase for a consideration of P150,000 but averred that what the parties had actually agreed upon and entered into was a real estate mortgage. They further alleged that there was no agreement limiting the period within which to exercise the right to repurchase and that they had even overpaid RAMOS.Furthermore, they interposed the following defenses: (a) the trial court had no jurisdiction over the s ubject or nature of the petition; (b) RAMOS had no legal capacity to sue; (c) the cause o f action, if any, was barred by the statute of limitations; (d) the petiti on stated no cause of action; (e) the claim or demand set forth in RAMOS’s pleading had been paid, waived, abandoned, or otherwise extinguished; and (f) RAMOS has not complied with the required confrontation and conciliation before the barangay.By way of counterclaim, the PASCUALs prayed that RAMOS be ordered to execute a Deed of Cancellation, Release or Discharge of the Deed of Absolute Sale with Right to Repurchase or a Deed of Real Estate Mortgage; deliver to them the owner’s duplicate of TCT No. T-305626; return the amount they had overpaid; and pay each of them moral damages and exemplary damages in the amounts of P200,000 and P50,000, respectively, plus attorney’s fees of P100,000; appearance fee of P1,500 per hearing; litigation expenses; and costs of suit.After the pre-trial, the trial court issued an order[5] wherein it identified the following issues: (1) whether the Deed of Absolute Sale with Right to Repurchase is an absolute sale or a mere mortgage; (2) whether the PASCUALs have paid or overpaid the principal obligation; (3) whether the ownership over the parcel of land may be consolidated in favor of RAMOS; and (4) whether damages may be awarded. Among the documents offered in evidence by RAMOS during the trial on the merits was a document denominated as Sinumpaang Salaysay[6] signed by RAMOS and Silvestre Pascual, but not notarized.The contents of the document read: Ako, si SILVESTRE PASCUAL, Filipino, nasa hustong gulang, may asawa at kasalukuyang naninirahan sa Bambang, Bulacan, Bulacan, ay nagsasabing buong katotohanan at sumusumpa sa aking mga salaysay sa kasulatang ito: 1. Na ngayong June 3, 1987 dahil sa aking matinding pangangailangan ng puhunan ay lumapit ako at nakiusap kay Rodrigo Ramos ng Taal, Pulilan, Bulacan na pautangin ako ng halagang P150,000. 00 . 2. Na aming napagkasunduan na ang nasabing utang ay babayaran ko ng tubo ng seven percent (7%) o P10,500. 0 isang buwan (7% per month). 3. Na bilang sangla (collateral security) sa aking utang, kami ay nagkasundo na mag-execute ng Deed of Sale with Right to Repurchase para sa aking bahay at lupa (TCT No. 305626) sa Bo. Taliptip, Bambang, Bulacan, Bulacan ngayong June 3, 1987 at binigyan ako ni Mr. Ramos ng isang taon hanggang June 3, 1988 upang mabiling muli ang aking isinanla sa kaniya sa kasunduang babayaran kong lahat ang capital na P150,000. 00 pati na ang P10,500. 0 na tubo buwan buwan. 4. Na bilang karagdagang condition, si RODRIGO RAMOS ay pumayag sa aking kahilingan na kung sakali na hindi ko mabayaran ng buo ang aking pagkakautang (Principal plus interest) sa loob ng isang taon mula ngayon, ang nakasanglang bahay at lupa ay hindi muna niya iilitin (foreclose) o ipalilipat sa pangalan niya at hindi muna kami paaalisin sa tinitirhan naming bahay hanggat ang tubo (interest) na P10,500. 00 ay nababayaran ko buwan buwan. 5.Na ako ay sumasang-ayon sa kundisyon ni Rodrigo Ramos na pagkatapos ng isang taon mula ngayon hanggang June 3, 1988 at puro interest lamang ang aking naibabayad buwan-buwan, kung sakaling hindi ako makabayad ng tubo for six (6) consecutive months (1/2 year after June 3, 1988 (6 na buwang hindi bayad ang interest ang utang ko) si Rodrigo Ramos ay binibigyan ko ng karapatan at kapangyarihan na mag-mayari ng aming bahay at lupa at kami ng aking pamilya ay kusang loob na aalis sa nasabing bahay at lupa na lumalabas na ibinenta ko sa kaniya dahil hindi ako nakasunod sa aming mga pinagkasunduang usapan. . At bilang finale ng aming kasunduan, ako ay nangangako na hindi maghahabol ng ano mang sukli sa pagkakailit ng aming bahay at lupa kung sakali mang dumating sa ganuong pagkakataon o sitwasyon o di kaya’y magsasampa ng reklamo kanino man. Bilang pagsang-ayon sa mga nasabing kasunduan, kami ay lumagda sa ibaba nito kalakip ng aming mga pangalan ngayong ika-3 ng Hunyo, 1987. (Sgd. )Rodrigo Ramos Sgd. ) Silvestre Pascual Nagpautang UmutangFor their part, the PASCUALs presented documentary evidence consisting of acknowledgment receipts [7] to prove the payments they had made. The trial court found that the transaction between the parties was actually a loan in the amount of P150,000, the payment of which was secured by a mortgage of the property covered by TCT No. 305626. It also found that the PASCUALs had made payments in the total sum of P344,000, and that with interest at 7% per annum, the PASCUALs had overpaid the loan by P141,500.Accordingly, in its Decision[8] of 15 March 1995 the trial court decreed as follows: WHEREFORE, judgment is hereby rendered in favor of the defendants and against the plaintiff in the following manner: 1. Dismissing the plaintiff’s petition; 2. Directing the Register of Deeds to cancel the annotation of the Deed of Sale with Right to Repurchase on the dorsal side of TCT No. 305 626; 3. Awarding the defendants the sum of P141,500. 00 as overpayment on the loan and interests; 4. Granting the defendants attorney’s fee in the sum of P15,000. 0 and P3,000. 00 for litigation expenses. With costs against the plaintiff. RAMOS moved for the reconsideration of the decision, alleging that the trial court erred in using an interest rate of 7% per annum in the computation of the total amount of obligation because what was expressly stipulated in the Sinumpaang Salaysay was 7% per month. The total interest due from 3 June 1987 to 3 April 1995 was P987,000. Deducting therefrom the interest payments made in the sum of P344,000, the amount of P643,000 was still due as interest.Adding the latter to the principal sum of P150,000, the total amount due from the PASCUALs as of 3 April 1995 was P793,000. Finding merit in the motion for reconsideration, which was not opposed by the PASCUALs, the trial court issued on 5 June 1995 an Order[9] modifying its decision by deleti ng the award of P141,500 to the PASCUALs as overpayment of the loan and interest and ordering them to pay RAMOS P511,000 representing the principal loan plus interest. The trial court acknowledged that it had inadvertently declared the interest rate to be 7% per annum when, in fact, the Sinumpaang Salaysay stipulated 7% per month.It noted that during trial, the PASCUALs never disputed the stipulated interest rate. However, the court declared that the 7% per month interest is too burdensome and onerous. Invoking the protective mantle of Article 24 of the Civil Code, which mandates the courts to be vigilant for the protection of a party at a disadvantage due to his moral dependence, ignorance, indigence, mental weaknes s, tender age or other handicap, the trial court unilaterally reduced the interest rate from 7% per month to 5% per month. Thus, the interest due from 3 June 1987 to April 1995 was P705,000. Deducting therefrom the payments made by the PASCUALs in the amount of P344,000 , the net interest due was P361,000. Adding thereto the loan principal of P150,000, the total amount due from the PASCUALs was P511,000. Aggrieved by the modification of the decision, the PASCUALs filed a motion to reconsider the Order of 5 June 1995. They alleged that the motion for reconsideration filed by RAMOS was a mere scrap of paper because they received a copy of said motion only a day before the hearing, in violation of the 3 -day-notice rule.Moreover, they had already paid the interests and had in fact overpaid the principal sum of P150,000. Besides, RAMOS, being an individual, could not charge more than 1% interest per month or 12% per annum; and, the interest of either 5% or 7% a month is exorbitant, unconscionable, unreasonable, usurious and inequitable. RAMOS opposed the motion of the PASCUALs. He contended that the non-compliance with the 3-day-notice rule was cured when the trial court gave them an opportunity to file their opposition, but despite the lapse of the pe rio d given them, no opposition was filed.It is not correct to say that he was not allowed to collect more than 1% per month interest considering that with the moratorium on the Usury Law, the allowable interest is that agreed upon by the parties. In the absence of any evidence that there was fraud, force or undue influence exerted upon the PASCUALs when they entered into the transaction in question, their agreement embodied in the Sinumpaang Salaysay should be respected. Furthermore, the trial court had already reduced the interest rate to 5% per month, a rate which is not exorbitant, unconscionable, unreasonable and inequitable.Their motion for reconsideration having been denied in the Order[10] of 7 September 1995, the PASCUALs seasonably appealed to the Court of Appeals. They pointed out that since the only prayer of RAMOS in his petition was to have the title or ownership over the subject land and the improvements thereon consolidated in his favor and he did not have any prayer for general relief, the trial court had no basis in ordering them to pay him the sum of P511,000. In its Decision[11] of 5 November 1999, the Court of Appeals affirmed in toto the trial court’s Orders of 5 June 1995 and 7 September 1995.It ruled that while RAMOS’s petition for consolidation of title or ownership did not include a prayer for the payment of the balance of the petitioners’ obligation and a prayer for general relief, the issue of whether there was still a balance from the amount loaned was deemed to have been raised in the pleadings by virtue of Section 5, Rule 10 of the Rules of Court, which provides that â€Å"[w]hen issues not raised by the pleadings are tried with the express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. In the course of the trial, receipts were presented by the PASCUALs evidencing the payments they had made. Taken in conjunction with the Sinumpaang Salays ay which specified the interest rate at 7% per month, a mathematical computation readily leads to the conclusion that there is still a balance due from the PASCUALs, even at a reduced interest rate of 5% interest per month. With the denial of their motion for reconsideration of the decision by the Court of Appeals, t he PASCUALs filed before us the instant petition raising the sole issue of whether they are liable for 5% interest per month from 3 June 1987 to 3 April 1995.Invoking this Court’s ruling in Medel v. Court of Appeals,[12] they argue that the 5% per month interest is excessive, iniquitous, unconscionable and exorbitant. Moreover, respondent should not be allowed to collect interest of more than 1% per month because he tried to hide the real transaction between the parties by imposing upon them to sign a Deed of Absolute Sale with Right to Repurchase. For his part, RAMOS contends that the issue raised by petitioners cannot be entertained anymore because it wa s neit her raised in the complaint nor ventilated during the trial.In any case, there was nothing illegal on the rate of interest agreed upon by the parties, since the ceilings on interest rates prescribed under the Usury Law had expressly been removed, a nd hence parties are left freely at their discretion to agree on any rate of interest. Moreover, there was no scheme to hide a usurious transaction. RAMOS then prays that the challenged decision and resolution be affirmed and that petitioners be further ordered to pay legal interest on the interest due from the time it was demanded. We see at once the proclivity of the PASCUALs to change theory almost every step of the case.By invoking the decision in Medel v. Court of Appeals, the PASCUALs are actually raising as issue the validity of the stipulated interest rate. It must be stressed that they never raised as a defense or as basis for their counterclaim the nullity of the stipulated interest. While overpayment was alleged in the Answer, no ultimate fac ts which constituted the basis of the overpayment was alleged. In their pre-trial brief, the PASCUALs made a long list of issues, but not one of them touched on the validity of the stipulated interest rate.Their own evidence clearly shows that they have agreed on, and have in fact paid interest at, the rate of 7% per month. Exhibits â€Å"1† to â€Å"8† specifically mentioned that the payments made were for the interest due on the P150,000 loan of the PASCUALs. In the course of the trial, the PASCUALs never put in issue the validity of the stipulated interest rate. After the trial court sustained petitioners’ claim that their agreement with RAMOS was actually a loan with real estate mortgage, the PASCUALs should not be allowed to turn their back on the stipulati on in that agreement to pay interest at the rate of 7% per month.The PASCUALs should accept not only the favorable aspect of the court’s declaration that the document is actually a n equitable mortgage but also the necessary consequence of such declaratio n, that is, that interest on the loan as stipulated by the parties in that same document should be paid. Besides, when RAMOS moved for a reconsideration of the 15 March 1995 Decision of the trial court pointing out that the interest rate to be used should be 7% per month, the PASCUALs never lifted a finger to oppose the claim. Admittedly, in their Motion for Reconsideration of theOrder of 5 June 1995, the PASCUALs argued that the interest rate, whether it be 5% or 7%, is exorbitant, unconscionable, unreasonable, usurious and inequitable. However, in their Appellants’ Brief, the only argument raised by the PASCUALs was that RAMOS’s petition did not contain a prayer for general relief and, hence, the trial court had no basis for ordering them to pay RAMOS P511,000 representing the principal and unpaid interest. It was only in their motion for the reconsideration of the decision of the Court of App eals that the PASCUALs made an issue of the interest rate and prayed for its reduction to 12% per annum.In Manila Bay Club Corp. v. Court of Appeals,[13] this Court ruled that if an issue is raised only in the motion for reconsideration of the decision of the Court of Appeals, the effect is that it is as if it was never duly raised in that court at all. Our ruling in Medel v. Court of Appeals[14] is not applicable to the present case. In that case, the excessiveness of the stipulated interest at the rate of 5. 5 % per month was put in issue by the defendants in the Answer.Moreover, in addition to the interest, the debtors were also required, as per stipulation in the pr omissory note, to pay service charge of 2% per annum and a penalty charge of 1% per month plus attorney’s fee of equivalent to 25% of the amount due. In the case at bar, there is no other stipulation for the payment of an extra amount except interest on t he principal loan. Thus, taken in conjunction with the stipulated service charge and penalty, the interest rate of 5. 5% in the Medel case was found to be excessive, iniquitous, unconscionable, exorbitant and hence, contrary to morals, thereby making such s tipulation null and void.Considering the variance in the factual circumstances of the Medel case and the instant case, we are not prepared to apply the former lest it be construed that we can strike down anytime interest rates agreed upon by parties in a loan transaction. It is a basic principle in civil law that parties are bound by the stipulations in the contracts voluntarily entered into by them. Parties are free to stipulate terms and conditions which they deem convenient provided they are not contra ry to law, morals, good customs, public order, or public policy. [15]The interest rate of 7% per month was voluntarily agreed upon by RAMOS and the PASCUALs. There is nothing from the records and, in fact, there is no allegation showing that petitioners were victims of fraud when th ey entered into the agreement with RAMOS. Neither is there a showing that in their contractual relations with RAMOS, the PASCUAL s were at a disadvantage on account of their moral dependence, ignorance, mental weakness, tender age or other handicap, which would entitle them to the vigilant protection of the courts as mandated by Article 24 of the Civil Code.Apropos in our ruling in Vales vs. Villa: All men are presumed to be sane and normal and subject to be moved by substantially the same motives. W hen of age and sane, they must take care of themselves. In their relations with others in the business of life, wits, sense, intelligence, training, ability and judgment meet and clash and contest, sometimes with gain and advantage to all, sometimes to a few only, with loss and injury to others. In these contests men must depend upon themselves – upon their own abilities, talents, training, sense, acumen, judgment.The fact that one may be worsted by another, of itself, furnishes no cause of complaint. One man cannot complain because another is more able, or better trained, or has better sense or judgment than he has; and when the two meet on a fair field the inferior cannot murmur if the battle goes against him. The law furnishes no protection to the inferior simply because he is inferior, any more than it protects the strong because he is strong. The law furnishes protection to both alike – to one no more or less than to the other.It makes no distinction between the wise and the foolish, the great and the small, the strong and the weak. The foolish may lose all they have to the wise; but that does not mean that the law will give it back to them again. Courts cannot follow one every step of his life and extricate him from bad bargains, protect him from unwise investments, relieve him from one-sided contracts, or annul the effects of foolish acts. Courts cannot constitute themselves guardians of persons who are not legally incompetent.Courts operate n ot because one person has been defeated or overcome by another, but because he has been defeated or overcome illegally. Men may do foolish things, make ridiculous contracts, use miserable judgment, and lose money by then – indeed, all they have in the world; but not for that alone can the law intervene and restore. There must be, in addition, aviolation of law, the commission of what the law knows as an actionable wrong, before the courts are authorized to lay hold of the situation and remedy it. 16] With the suspension of the Usury Law and the removal of interest ceiling, the partie s are free to stipulate the interest to be imposed on loans. Absent any evidence of fraud, undue influence, or any vice of consent exercised by RAMOS on the PASCUALs, the interest agreed upon is binding upon them. This Court is not in a position to impose upon parties contractual stipulations different from what they have agreed upon. As declared in the decision of Cuizon v. Court of Appeals,[17] It is not the province of the court to alter a contract by construction or to make a new contract for the parties; its duty is confined to the interpretation of the one which they have made for themselves without regard to its wisdom or folly as the court cannot supply material stipulations or read into the contract words which it does not contain. Thus, we cannot supplant the interest rate, which was reduced to 5% per month without opposition on the part of RAMOS.We are not persuaded by the argument of the PASCUALs that since RAMOS tried to hide the real transaction by imposing upon them the execution of a Deed of Absolute Sale with Right to Repurchase, he should not be allowed to collect more than 1% per month interest. It is undisputed that simultaneous with the execution of the said deed was the execution of the Sinumpaang Salaysay, which set forth the true agreement of the parties. The PASCUALs cannot then claim that they did not know the real transaction.RAMOS’s claim t hat the interest due should earn legal i nterest cannot be acted upon favorably because he did not appeal from the Order of the trial court of 5 June 1995, which simply ordered the payment by the PASCUALs of the amount of P511,000 without interest thereon. No relief can be granted a party who does not appeal. [18] Therefore, the order of the trial court should stand. Incidentally, we noticed that in the Memorandum filed by RAMOS, the ruling in Vales v. Valle was reproduced by his counsel without the proper citation. Such act constitutes plagiarism. Atty. Felimon B.Mangahas is hereby warned that a repetition of such act shall be dealt with accordingly. WHEREFORE, in view of all the foregoing, the petition is DENIED. The assailed decision of the Court of Appeals in CA G. R. CV No. 52848 is AFFIRMED in toto. Costs against petitioners. SO ORDERED. Vitug, Kapunan, Ynares-Santiago, and Austria-Martinez, JJ. , concur. FIRST DIVISION SPS. EDGAR AND DINAH OMENGAN, Petitioners, G. R. No. 1613 19 Present: PUNO, C. J. , SANDOVAL-GUTIERREZ, Working Chairperson, CORONA, AZCUNA and GARCIA, JJ. – versus – PHILIPPPINE NATIONAL BANK, HENRY M. MONTALVO AND MANUEL S. ACIERTO,*Respondents. Promulgated: January 23, 2007 x – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – -x DECISION CORONA, J. This petition for review on certiorari[1] seeks a review and reversal of the Court of Appeals (CA) decision [2] and resolution[3] in CA-G. R. CV No. 71302. In October 1996, the Philippine National Bank (PNB) Tabuk (Kalinga) Branch approved petitioners-spouses’ application for a re volving credit line of P3 million. The loan was secured by two residential lots in Tabuk, Kalinga-Apayao covered by Transfer Certificate of Title (TCT) Nos. 2954 and 12112. The certificates of title, issued by the Registry of Deeds of the Province of KalingaApayao, were in the name of Edgar[4] Omengan married to Dinah Omengan. The first P2. 5 million was released by Branch Manager Henry Montalvo on three separate dates. The release of the final half million was, however, withheld by Montalvobecause of a letter allegedly sent by Edgar’s sisters. It read: A ppas, Tabuk Kalinga 7 November 1996 The Manager Philippine National Bank Tabuk Branch Poblacion, Tabuk Kalinga Sir:This refers to the land at Appas, Tabuk in the name of our brother, Edgar Omengan, which was mortgaged to [the] Bank in the amount of Three Million Pesos (P3,000,000. 00), the sum of [ P2. 5 Million] had already been released and received by our brother, Edgar. In this connection, it is requested that the remain ing unreleased balance of [half a million pesos] be held in abeyance pending an understanding by the rest of the brothers and sisters of Edgar. Please be informed that the property mortgaged, while in the name of Edgar Omengan, is owned in co-ownership by all the children of the late Roberto and Elnora Omengan.The lawyer who drafted the document registering the subject property under Edgar’s name can attest to this fact. We had a prior understanding with Edgar in allowing him to make use of the property as collateral, but he refuses to comply with such arrangement. Hence, this letter. (emphasis ours) Very truly yours, (Sgd. ) Shirley O. Gamon (Sgd. ) Imogene O. Bangao (Sgd. ) Caroline O. Salicob (Sgd. ) Alice O. Claver[5] Montalvo was eventually replaced as branch manager by Manuel Acierto who released the remaining half million pesos to petitioners on May 2, 1997.Acierto also recommended the approval of a P2 million increase in their credit line to the Cagayan Valley Busines s Center Credit Committee in Santiago City. The credit committee approved the increase of petitioners’ credit line (from P3 million to P5 million), provided Edgar’s sisters gave their conformity. Acierto informed petitioners of the conditional approval of their credit line. But petitioners failed to secure the consent of Edgar’s sisters; hence, PNB put on hold the release of the additional P2 million. On October 7, 1998, Edgar Omengan demanded the release of the P2 million.He claimed that the condition for its release was not part of his credit line agreement with PNB because it was added without his consent. PNB denied his request. On March 3, 1999, petitioners filed a complaint for breach of con tract and damages against PNB with the Regional Trial Court (RTC), Branch 25 in Tabuk, Kalinga. After trial, the court decided in favor of petitioners. Accordingly, judgment is hereby rendered finding in favor of [petitioners. ] [PNB is ordered] : 1) To release without delay in favor of [petitioners] the amount of P2,000,000. 00 to complete the P5,000,000. 00 credit line agreement; ) To pay [petitioners] the amount of P2,760,000. 00 representing the losses and/or expected income of the [petitioners] for three years; 3) To pay lawful interest, until the amount aforementioned on paragraphs 1 and 2 above are fully paid; and 4) To pay the costs. SO ORDERED. [6] The CA, however, on June 18, 2003, reversed and set aside the RTC decision dated April 21, 2001. [7] Petitioners now contend that the CA erred when it did not sustain the finding of breach of contract by the RTC. [8] The existence of breach of contract is a factual matter not usually reviewed in a petition filed under Rule 45.But since the RTC and the CA had contradictory findings, we are constrained to rule on this issue. Was there a breach of contract? There was none. Breach of contract is defined as follows: [It] is the â€Å"failure without legal reason to comply with the terms of a contr act. † It is also defined as the â€Å"[f]ailure, with out legal excuse, to perform any promise which forms the whole or part of the contract. † [9] In this case, the parties agreed on a P3 million credit line. This sum was completely released to petitioners who subsequently applied[10] for an increase in their credit line.This was conditionally approved by PNB’s credit committee. For all intents and purposes, petitioners sought an additional loan. The condition attached to the increase in credit line requiring petitioners to acquire the conformity of Edgar’s sisters was never acknowledged and accepted by petitioners. Thus, as to the additional loan, no meeting of the minds actually occurred and no breach of contract could be attributed to PNB. There was no perfected contract over the increase in credit line. â€Å"[T]he business of a bank is one affected with public interest, for which reason the bank should guard against loss due to negligence or bad fa ith.In approving the loan of an applicant, the bank concerns itself with proper [information] regarding its debtors. †[11] Any investigation previously conducted on the property offered by petitioners as collateral did not preclude PNB from considering new information on the same property as security for a sub sequent loan. The credit and property investigation for the original loan of P3 million did not oblige PNB to grant and release any additional loan. At the time the original P3 million credit line was approved, the title to the property appeared to perta in exclusively to petitioners.By the time the application for an increase was considered, however, PNB already had reason to suspect petitioners’ claim of exclusive ownership. A mortgagee can rely on what appears on the certificate of title p resented by the mortgagor and an innocent mortgagee is not expected to conduct an exhaustive investigation on the history of the mortgagor’s title. This rule is strict ly applied to ban king institutions. xxx Banks, indeed, should exercise more care and prudence in dealing even with registered lands, than private individuals, as their business is one affected with public interest. xx Thus, this Court clarified that the rule that persons dealing wit h registered lands can rely solely on the certificate of title does not apply to banks. [12] (emphasis supplied) Here, PNB had acquired information sufficient to induce a reasonably prudent person to inquire into the status of the title over the subject property. Instead of defending their position, petitioners merely insisted that reliance on the face of the certificate of title (in their name) was sufficient. This principle, as already mentioned, was not applicable to financial institutions like PNB.In truth, petitioners had every chance to turn the situation in their favor if, as they said, they really owned the subject p roperty alone, to the exclusion of any other owner(s). Unfortunately, all they offered were bare denials of the co -ownership claimed by Edgar’s sisters. PNB exercised reasonable prudence in requiring the above-mentioned condition for the release of the additional loan. If the condition proved unacceptable to petitioners, the parties could have discussed other terms instead of making an obstinate and outright demand for the release of the additional amount.If the alleged co-ownership in fact had no leg to stand on, petitioners could have introduced evidence other than a simple denial of its existence. Since PNB did not breach any contract and since it exercised the degree of diligence expected of it, it cannot be held liable for damages. WHEREFORE, the decision and resolution of the Court of Appeals in CA-G. R. CV No. 71302 are hereby AFFIRMED. Costs against petitioners. SO ORDERED. RENATO C. CORONA Associate Justice WE CONCUR: REYNATO S. PUNO Chief Justice ANGELINA SANDOVAL-GUTIERREZ Associate Justice Working ChairpersonADOLFO S. AZCUNA Associate Justi ce CANCIO C. GARCIA Associate Justice CERTIFICATION Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above decision had been reach ed in consultation before the case was assigned to the writer of the opinion of the Court’s Division. REYNATO S. PUNO Chief Justice FIRST DIVISION [G. R. No. 126713. July 27, 1998] ADORACION E. CRUZ, THELMA DEBBIE E. CRUZ and GERRY E. CRUZ, petitioners, vs. COURT OF APPEALS and SPOUSES ELISEO and VIRGINIA MALOLOS, respondents. DECISION PANGANIBAN, J. :Contracts constitute the law between the parties. They must be read together and interpreted in an manner that reconciles and gives life to all of them. The intent of the parties, as shown by the clear language used, prevails over post facto explanations that find no support from the words employed by the parties of from their contemporary and subsequent acts showing their understanding of such contracts, Furthermore, a subsequent agreement cannot novate or change by implication a previous one, unless old and new contracts are, on every point, incompatible with each other.Finally, collateral facts may be admitted in evidence when a rational similarity exists between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. The Case Before us is a petition for review on certiorari seeking to nullify the Court of Appeals (CA) Decision[1] in CA- GR CV 33566, promulgated July 15, 1996, which reversed the Regional Trial Court (RTC) of Antipolo, Rizal; and CA Resolution [2] of October 1, 1996, which denied petitioner’s Motion for Reconsideration.Petitioner’s Adoracion, Thelma Debbie, Gerry and Arnel (all surnamed Cruz) filed an action for partition against the private respondents, Spouses Eliseo and Virginia Malolos. On January 28, 1991, the trial court rendered a Decision which disposed as follows:[3] â€Å"WHEREFORE, judgment is hereby rendered for the plaintiffs and against the defendants -spouses – 1. Ordering the partition of the seven parcels of land totalling 1,912 sq. m. among the four (4) plaintiffs and the defendants-spouses as follows: a. b. c. d. e. Adoracion E. Cruz (1/5) Thelma Debbie Cruz (1/5) Gerry E. Cruz (1/5) Arnel E. Cruz (1/5)Spouses Eliseo and Virginia Malolos (1/5) ———– 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. 382 sq. m. to whom Lot No. 1-C-2-B-2-B-4-L-1-A with an area of 276 sq. m. covered by TCT No. 502603 and a portion of Lot No. 1-C2-B-2-B-4-L-1-B covered by TCT No. 502604 to the extent of 106 sq. m. adjoining TCT No. 502603. 2. Ordering the parties herein to execute a project of partition in accordance [with] this decision indicating the partition of the seven (7) parcels of land within fifteen (15) days upon receipt of this judgment. 3. Ordering defendants-spouses to pay plaintiffs herein P5,000. 00 as and for attorney’s fees; 4. Cost of suit. On appeal, Respondent Court r eversed the trial court thus:[4] â€Å"WHEREFORE, finding the appeal to be meritorious, we REVERSE the appealed decision and render judgment DISMISSING the complaint without prejudice however to the claim of plaintiff -appellees for their shares in the proceeds of the auction sale of the seven (7) parcels of land in question against Nerissa Cruz Tamayo pursuant to the Memorandum Agreement. Cost against the plaintiff-appellees. † As earlier stated, reconsideration was denied through the appellate court’s challenged Resolution: [5] â€Å"WHEREFORE, for lack of merit, the Motion for Reconsideration in DENIED. . The Antecedent Facts The facts of this case are undisputed. The assailed Decision relates them as follows:[6] â€Å"Delfin I. Cruz and Adoracion Cruz were spouses and their children were Thelma, Nerissa, Arnel and Gerry Cruz. Upon the death of Delfin I. Cruz, [his] surviving spouse and children executed on August 22, 1977 a notarized Deed of Partial Partition (Ex hibit 2) by virtue of which each one of them was given a share of several parcels of registered lands all situat ed in Taytay, Rizal.The following day, August 23, 1977, the same mother and children executed a Memorandum Agreement (Exhibit H) which provided: â€Å"That the parties hereto are common co-owners pro-indiviso in equal shares of the following registered real properties, all situated at Taytay, Rizal, Philippines, x x x. xxx That sometime on August 22, 1977, a Deed of Partial Partition was executed among us before Atty. Virgilio J. Tamayo, Notary Public on and for the Province of Rizal, per Doc. No. 1776; Page No. 14; of his Notarial Register No. XLIX, Series of 1977; xxxThat as a result of said partial partition, the properties affected were actually partitioned and the respective shares of ea ch party, adjudicated to him/her; That despite the execution of this Deed of Partial Partition and the eventu al disposal or sale of their respective shares, the contracting parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share alike and received equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the last lot covered by the Deed of [P]artial [P]artition above adverted to shall have been disposed of or sold and the proceeds thereof equally divided and their respective shares received by each of them. † This Memorandum Agreement was registered and annotated in the titles of the lands covered by the Deed of Partial Partition. Subsequently, the same parties caused the consolidation and subdivisions of the lands they respectively inherited from the late Delfin I.Cruz per Deed of Partial Partition. After that, they registered the Deed of Partial Partition and subdivision plans and titles were issued in their names. In the case of Nerissa Cruz Tamayo, the following titles were issued to her in her name: TCT No. 502603 (Exhibit A), TCT No. 502604, (Exhibit B), TCT No. 502605 (Exhibit C), TCT No. 502606 (Exhibit D), TCT No. 502608 (Exhibit E), TCT No. 502609 (Exhibit F), TCT No. 502610 (Exhibit G), hereinafter called the lands in question. Naturally, the annotation pertaining to the Memorandum Agreement was carried in each of said seven (7) titles and annotated in each of them.Meanwhile, the spouses Eliseo and Virginia Malolos filed Civil Case No. 31231 against the spouses Nerissa Cruz -Tamayo and Nelson Tamayo for a sum of money. The Court of First Instance of Rizal, Branch XVI (Quezon City) rendered a decision of June 1, 1981 in favor of Eliseo and Virginia condemning the spouses Nerissa and Nelson Tamayo to pay them P126,529. 00 with 12% interest per annum from the filing of the complaint plus P5,000. 00 attorney’s fee. After the finality of that decision, a writ of execution (Exhibit J) was issued on November 20, 1981. Enforcing said writ, the sheriff of the court levied upon the lands in question.On June 29, 1983, these properties were sold in an execution sale to the highest bidders, the spouses Eliseo and Virginia Malolos. Accordingly, the sheriff executed a Certificate of Sale (Exhibit K) over – ‘†¦ all the rights, claims, interests, titles, shares, and participations of defendant spouses Nerissa Tamayo and Ne lson Tamayo.. ’ Nerissa Cruz Tamayo failed to exercise her right of redemption within the statutory period and so the final deed of sale was executed by the sheriff conveying the lands in question to spouses Eliseo and Virginia Malolos.The Malolos couple asked Nerissa Cruz Tamayo to give them the owner’s duplicate copy of the seven (7) titles of the lands in question but she refused. The couple moved the court to compel her to surrender said titles to the Regis ter of Deeds of Rizal for cancellation. This was granted on September 7, 1984. But Nerissa was adamant. She did not comply with the Order of the court and so the Malolos couple asked the court to declare said titles as null and void.At this point, Adoracion Cruz, Thelma Cruz, Gerry Cruz and Arnel Cruz entered the picture by filing is said lower court a motion for leave to intervene and oppose [the] Maloloses’ motion. The Cruzes alleged that they were co-owners of Nerissa Cruz Tamayo over the lands in question. On January 18, 1985, said court issued an Order modifying the Order of September 7, 1984 by directing the surrender of the owner’s duplicate copies of the titles of the lands in question to the Register of Deeds not for cancellation but for the annotation of the rights, interest acquired by the Maloloses over said lands.On February 17, 1987, Adoracion, Thelma, Gerry and Arnel Cruz filed Civil Case No. 961-A for Partition of Real Estate against spouses Eliseo and Virginia Malolos over the lands in question. As already stated in the first paragraph of this Decision, the court a quo rendered a decision in favor of the plaintiffs from which the defendants appealed to this court, x x x x . † Ruling of the Court of Appeals For Respondent Court, the central issue was: â€Å"Did the Memorandum of Agreement [MOA] (Exhibit H)[7] revoke, cancel or supersede the Deed of Partial Partition [DPP] (Exhibit 2)? [8] If so, then petitioners and Spouses Tamayo were co-owners of the land in issue, and partition should ensue upon motion of the former; if not, then the latter are its absolute owners and to partition should be made. Respondent Court resolved the above question in the negative for the following reasons: First, the DPP was not materially and substantially incompatible with the MOA. The DPP conferred absolute ownership of the parcels of land in issue on Nerissa Cruz Tamayo, while the MOA merely created an obligation on her part to share with t he petitioners the proceeds of the sale of said properties.Second, the fact that private respondent registered the DPP was inconsistent with the allegation that they intended to abandon it. Indeed, had they meant to abandon it, they would have simply gathered the copies of said document and then torn of burned them. Third, petitioners were estopped from claiming co-ownership over the disputed properties because, as absolute owners, they either mortgaged or sold the other properties adjudicated to them by virtue of the DPP. Hence, this petition. [9] Assignment of ErrorsIn their Memorandum,[10] petitioners submit the following assignment of errors: â€Å"A. Respondent Court erred in ruling that the Memorandum of Agreement (Exhibit ‘H’) does not prevail over the Deed of Partial Partition (Exhibit 2). B. sale. C. Respondent Court erred in ruling that petitioners can only claim their right to the proceeds of [the] auction Respondent Court erred in ruling that petitioners ar e in estoppel by deed. D. Respondent Court erred in ruling that the registration of the deed of partial partition precluded the petitioners from abrogating it. E.Respondent Court erred when it completely ignored the finality of the order of the Regional Trial Court of Quezon City, Branch LXXXVI as embodied in the decision of the Regional Trial Court of Antipolo, Rizal, Branch 71. † In fine, the resolution of this petition hinges of the following issues: (1) whether DPP was cancelled or novated by the MOA; (2) whether the MOA established, between petitioners and the judgment debtor, a co -ownership of the lots in question; (3) whether petitioners are barred by estoppel from claiming co-ownership of the seven parcels of land; and (4) whether res judicata has set in.The Court’s Ruling The petition is bereft of merit. It fails to demonstrate any reversible error on the part of the Court of Appeals. First Issue: No Novation or Cancellation In their Memorandum, petitioners in sist that the MOA categorically and unmistakably named and covenanted them as co owners of the parcels in issue and novated their earlier agreement, the Deed of Partial Part ition. Petitioners claim that the MOA clearly manifested their intention to create a co -ownership. This is particularly evident in Exhibit 1-B, which provides: That despite the execution of this Deed of Partial Partition and eventual disposal or sale of their respective shares, the contracting parties herein covenanted and agreed among themselves and by these presents do hereby bind themselves to one another that they shall share and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudicated in their individual names by virtue of this deed of partial partition. † The Court disagrees. The foregoing provision in the MOA does not novate, much less cancel, the earlier DPP.Novation, one of the modes of extinguishing an obligation, requires the concurrence of the following : (1) there is a previous valid obligation; (2) the parties concerned agree to a new contract; (3) the old contract is extinguished; and (4) there is a valid new contract. [11]Novation may be express or implied. Article 1292 of the Code provides: â€Å"In order that an obligation may be extinguished by another which substitutes the same, it is imperative that it be so declared in unequivocal terms [express novation],[12] or that the old and new obligations be on every point incompatible with each other [implied novation]. Tested against the foregoing standards, petitioners’ stance is shattered to pieces. The stipulation that the petitioners and Spouses Tamayo were co-owners was merely the introductory part of the MOA, and it reads:[13] â€Å"That the parties are common co-owners pro-indiviso in equal shares of the following registered real properties, all situated at Taytay, Rizal, Philippines. xxx† xxx xxx xxx That sometime in August 22, 1977, a Deed of Partial Parti tion was executed among us before Atty. Virgilio J.Tamayo, Notary Public in and for the Province of Rizal, per Doc. No. 1796; Page No. 14; of his Notarial Register No. XLIX, Series of 1977;† Following the above-quoted stipulation is a statement that the subject parcels of land had in fact been partitioned, but that the former co-owner intended to share with petitioners the proceeds of any sale of said land,[14] viz: â€Å"That [as] a result of said partial partition, the properties affected were actually partitioned and the respe ctive shares of each party, adjudicated to him/her;That despite the execution of this Deed of Partial Partition and the eventual disposal or sale of their respective shares, th e contracting parties herein covenanted and agreed among themselves [and] to one another that they shall do [sic] hereby bind themselves to one another that they shall share alike and receive equal shares from the proceeds of the sale of any lot or lots allotted to and adjudic ated in their individual names by virtue of this deed of p artial partition; That this Agreement shall continue to be valid and enforceable among the contracting parties herein up to and until the last lot covered by the deed or partial partition above adverted to shall have been disposed of or sold and the procee ds thereof equally divided and their respective shares received by each of them. xxx xxx xxxThe MOA falls short of producing a novation, because it does not express a clear int ent to dissolve the old obligation as a consideration for the emergence of the new one. [15] Likewise, petitioners fail to show that the DPP and the MOA are materially and substantially incompatible with each other. Petitioners admit that, under the MOA, they and the Tamayo spouses agreed to equally share in the proceeds of the sale of the lots. [16] Indeed, the DPP granted title to the lots in question to the co-owner to whom they were assigned, and the MOA created an obligation on the part of such co -owner to share with the others the proceeds of the sale of such parcels. There is no incompatibility between these two contracts. Verily, the MOA cannot be construed as a repudiation of the earlier DPP.Both documents can exist together and must be so interpreted as to give life to both. Respondent Court aptly explained:[17] â€Å"The Deed of Partition conferred upon Nerissa Cruz Tamayo absolute ownership over the lands in question. The Memorandum of Agreement merely created an obligation on the part of absolute owner Nerissa Cruz Tamayo to share [with] the appellees with [sic] the proceeds of the sale of said properties. The obligation of the owner of a piece of land to share [with] somebody with [sic] its fruits or the proceeds of its sale does not necessarily impair his dominion over the property much less make the beneficiary his co -owner thereof. All in all, the basic principle underlying this ruling is simple: when t he text of a contract is explicit and leaves no doubt as to its intention, the court may not read into it any intention that would contradict its plain import. [18] The hornbook rule on interpretation of contracts gives primacy to the intention of the parties, which is the law among them. Ultimately, their intention is to be deciphered not from the unilateral post facto assertions of one of the parties, but from the language used in the contract. And when the terms of the agreement, as expressed in such language, are clear, they are to be understood literally, just as they appear on the face of the contract. Indeed, the legal effects of a contract are determined by extracting the intention of the parties from the language they used and from their contemporaneous and subsequent acts. 19] This principle gains more force when third parties are concerned. To require such persons to go beyond what is clearly written in the document is unfair and unjust. They cannot possibly delve into the contracting parties’ minds and suspect that s omething is amiss, when the language of th e instrument appears clear and unequivocal. Second Issue: No Co-ownership in the MOA Petitioners contend that they converted their separate and individual ownership over the lands in dispute into a co ownership by their execution of the MOA and the annotation thereof on the separate titles. The Court is not convinced. The very provisions of the MOA belie the existence of a co -ownership.First, it retains the partition of the properties, which petitioners supposedly placed in co -ownership; and, second, it vests in the registered owner the power to dispose of the land adjudicated to him or her under the DPP. These are antithetical to the petitioner’s contention. In a co-ownership, an undivided thing or right belongs to two or more persons. [20] Put differently, several persons hold common dominion over a spiritual (or ideal) part of a thing, which is not physically divided. [21] In the present case, however, the parcels of land in the MOA have all been partitioned and titled under separate and individual names. More important, the MOA stipulated that the registered owner could sell the land without the consent of the other parties to the MOA.Jus disponendi is an attribute of ownership, and only the owner can dispose of a property. [22] Contrary to petitioner’s claim, the annotation of the MOA in the certificate of title did not engender any co -ownership. W ell settled is the doctrine that registration merely confirms, but does not confer, title. [23] It does not give the holder any better title than what he actually has. As earlier observed, the MOA did not make petitioners co-owners of the disputed parcels of land. Hence, the annotation of this document in the separate certificates of title did not grant them a greater right over the same property. Third Issue: Estoppel by DeedRespondent Court found that several deeds of sale and real estate mortgage, which petitioners executed when they sold or mortgag ed some parcels adjudicated to them under the DPP, contained the statement that the vendor/mortgagor was the absolute owner of the parcel of residential land and that he or she represented it as free from liens and encumbrances. On the basis of these pieces of evidence, respondent Court held that petitioners were estopped from claiming that there was a co-ownership over the disputed parcels of land which were also covered by the DPP. Petitioners contend that Respondent Court , in so ruling violated the res inter alios acta rule. Petitioners’ contentions is untenable.Res inter alios acta, as a general rule, prohibits the admission of evidence that tends to show that what a person has done at one time is probative of the contention that he has done a similar as act at another time. [24] Evidence of similar acts or occurrences compels the dependant to meet allegation s that are not mentioned in the complaint, confuses him in his defense, raises a variety of irrelevant issues, an d diverts the attention of the court from th e issues immediately before it. Hence, this evidentiary rule guards against the practical inconven ience of trying collateral issues and protracting the trial and prevents surprise or other mischief prejudicial to litigants. [25] The rule, however, is not without exception.W hile inadmissible in general, collateral facts may be received as evidence under exceptional circumstances, as when there is a rational similarity or resemblance between the conditions giving rise to the fact offered and the circumstances surrounding the issue or fact to be proved. [26] Evidence of similar acts may frequently become relevant, especially in actions based on fraud and deceit , because it sheds light on the state of mind or knowledge of a person’s; it provides insight into such person’s motive or intent; it uncovers a scheme, design or plan; or it reveals a mistake. [27] In this case, petitioners argue that transactions relating to the othe r parcels of land they entered into, in the concept of absolute owners, are inadmissible as evidence to show that the parcels in issue are not co -owned.The court is not persuaded. Evidence of such transactions falls under the exception to the rule on the res inter alios acta. Such evidence is admissible because it is relevant to an issue in the case and corroborative of evidence already received. [28] The relevancy of such transactions is readily apparent. The nature of ownership of said property should be the same as that of the lots on question since they are all subject to the MOA. If the parcels of land were held and disposed by petitioners in fee simple, in the concept of absolute owners, then the lots in question should similarly be treated as absolutely owned in fee simple by the Tamayo spouses.Unmistakably, the evidence in dispute manifests petitioners’ common purpose and design to treat all the parcels of land covered by the DPP as absolutely owned and not subject t o co -ownership. [29] Under the principle of estoppel, petitioners are barred from claiming co-ownership of the lands in issue. In estoppel, a person, who by his deed or conduct has introduced another to act in a particular m anner, is barred from adopting an inconsistent position, attitude or course of conduct that thereby causes loss or injury to another. [30] It further bars him from denying the truth of a fact which has, in the contemplation of law, become settled by the acts and proceedings of judicial or legislative officers or by the act of the party himself, either by conventional writing or by representations, express or im plied or in pairs. [31]In their transaction with others, petitioners have declared that the other lands covered by the same MOA are absolutely owned, without indicating the existence of a co-ownership over such properties. Thus, they are estopped from claiming otherwise because, by their very own acts and representations as evidenced by the deeds of mort gage and of sale, they have denied such co-ownership. [32] FOURTH ISSUES: No Res Judicata On Co-ownership Petitioners argue that the Order (Exhibit J)[33] dated January 18, 1985, issued by the RTC of Quezon City, Branch 86, which had long become final and executory, confirmed their co-ownership. Thus, they claim that Respondent Court’s reversal of the ruling of the RTC of Antipolo, Rizal, is a violation of the rule on res judicata. This contention is equally untenable.The elements of res judicata are: (1) the former judgment was final; (2) the court which rendered it had jurisdiction over the subject matter and the parties;(3) the judgment was on the merits; and (4) the parties, subject matters and causes of action in the first and second actions are identical. [34] The RTC of Quezon City had no jurisdiction to decide on the merits of the present case or to entertain questions regarding the existence of co-ownership over the parcels in dispute, because the suit pending before it was only for the collection of a sum of money. Its disquisition on co-ownership was merely for the levy and the execution of the properties of the Tamayo spouses, in satisfaction of their judgment debt to the private respondents. Perhaps more glaring is the lack of identity between the two actions.The first action before the RTC of Quezon City was for the collection of money, while the second before the RTC of Antipolo, Rizal, was for partition. There being no concurrence of the elements of res judicata in this case, the Court finds no error in Respondent Court’s ruling. No further discussion is needed to show the glaring difference between the two controversies. WHEREFORE, the petition is hereby DENIED and the assailed Decision is Affirmed. Cost against petitioners. SO ORDERED. Davide, Jr. , (Chairman), Bellosillo, Vitug, and Quisumbing, JJ. , concur. THIRD DIVISION [G. R. No. 134559. December 9, 1999] ANTONIA TORRES, assisted by her husband, ANGELO TORRES; and EMETERIA BARING, petitioners, vs.COURT OF APPEALS and MANUEL TORRES,respondents. DECISION PANGANIBAN, J. : Courts may not extricate parties from the necessary consequences of their acts. That the terms of a contract turn out to be financially disadvantageous to them will not relieve them of their obligations therein. The lack of an inventory of real property will not ipso facto release the contracting partners from their respective obligations to each other arising from acts executed in accordance with their agreement. The Case The Petition for Review on Certiorari before us assails the March 5, 1998 Decision [1] Second Division of the Court of Appeals[2] (CA) in CA-GR CV No. 2378 and its June 25, 1998 Resolution denying reconsideration. The assailed Decision affirmed the ruling of the Regional Trial Court (RTC) of Cebu City in Civil Case No. R -21208, which disposed as follows: â€Å"WHEREFORE, for all the foregoing considerations, the Court, finding for the defendant and against the plain tiffs, orders the dismissal of the plaintiff’s complaint. The counterclaims of the defendant are likewise ordered dismissed. No pronouncement as to costs. †[3] The Facts Sisters Antonia Torres and Emeteria Baring, herein petitioners, entered into a â€Å"joint venture agreement† with Respondent Manuel Torres for the development of a parcel of land into a subdivision.Pursuant to the contract, they executed a Deed of Sale covering the said parcel of land in favor of respondent, who then had it registered in his name. By mortgaging the property, respondent obtained from Equitable Bank a loan ofP40,000 which, under the Joint Venture Agreement, was to be used for the development of the subdivision. [4] All three of them also agreed to share the proceeds from the sale of the subdivided lots. The project did not push through, and the land was subsequently foreclosed by the bank. According to petitioners, the project failed because of â€Å"respondent’s lack of f unds or means and skills. † They add that respondent used the loan not for the development of the subdivision, but in furtherance of his own company, Universal Umbrell a Company.On the other hand, respondent alleged that he used the loan to implement the Agreement. With the said amount, he was able to effect the survey and the subdivision of the lots. He secured the Lapu Lapu City Council’s approval of the subdivision project which he advertised in a local newspaper. He also caused the construction of roads, curbs and gutters. Likewise, he entered into a contract with an engineering firm for the building of sixty low -cost housing units and actually even set up a model house on one of the subdivision lots. He did all of these for a total expense of P85,000. Respondent claimed that the subdivision project failed, however, because petitioners and their relatives had separately cause d the annotations of dverse claims on the title to the land, which eventually scared away prospective buyers. Despite his requests, petitioners refused to cause the clearing of the claims, thereby forcing him to give up on the project. [5] Subsequently, petitioners filed a criminal case for estafa against respondent and his wife, who were however acquitted. Thereafter, they filed the present civil case which, upon respondent's motion, was later dismissed by the trial court in an Order dated September 6, 1982. On appeal, however, the appellate court remanded the case for further proceedings. Thereafter, the RTC issued its assailed Decision, which, as earlier stated, was affirmed by the CA. Hence, this Petition. [6] Ruling of the Court of AppealsIn affirming the trial court, the Court of Appeals held that petitioners and respondent had formed a partnership for the development of the subdivision. Thus, they must bear the loss suffered by the partnership in the same proportion as their share in the profits stipulated in the contract. Disagreeing with the trial court’s pronouncement that losses as well as profits in a joint venture should be distributed equally,[7] the CA invoked Article 1797 of the Civil Code which provides: â€Å"Article 1797 – The losses and profits shall be distributed in conformity with the agreement. If only the share of each partner in the profits has been agreed upon, the share of each in the losses shall be in the same proportion. † The CA elucidated further: In the absence of stipulation, the share of each partner in th e profits and losses shall be in proportion to what he may have contributed, but the industrial partner shall not be liable for the losses. As for the profits, the industrial partner shall receive such share as may be just and equitable under the circumstances. If besides his services he has contributed capital, he shall also receive a share in the profits in proportion to his capital. † The Issue Petitioners impute to the Court of Appeals the following error: â€Å"x x x [The] Court of Appeals erred in conclud ing that the transaction x x x between the petitioners and respondent was that of a joint venture/partnership, ignoring outright the provision of Article 1769, and other related provisions of the Civil Code of the Philippines. †[8] The Court’s RulingThe Petition is bereft of merit. Main Issue: Existence of a Partnership Petitioners deny having formed a partnership with respondent.