Death of a Salesman :: essays papers

Demise of a Salesman Ben as a Minor Character Who Develops the Play In Arthur Miller’s, Death of a Salesman, the character of Ben is utilized as an impetus to fuel the advancement of the principle character, Willy. Ben shows up in three significant flashbacks all through the story. In the principal flashback, Ben shows up to give Willy bliss on the grounds that to Willy, cash implies joy. The second time Ben shows up, he is utilized as a substitute to show that Willy makes some hard memories managing reality. The third and last time that Ben shows up is in Willy’s mental trip to assist him with settling on whether he ought to end it all. Through a correlation and comprehension of every one of these events, the peruser can increase immense information on who Willy Loman really is. These flashbacks and mental trips show how Ben’s character is utilized as a gadget to permit the peruser to comprehend what is really going on inside Willy Loman’s mind. The first run through Ben shows up is in a flashback inside Willy’s mind. This flashback is utilized as an interference of Willy’s sentiments of insufficiency about his current circumstance. Willy has get back from a selling trip, unfit to focus and incapable to keep his brain in the present. Ben shows up as a prime example for Willy’s powerlessness to confront reality, a route for him to disregard his current condition and sentiments. This flashback with Ben gives the peruser a lot of data about him, and, in this way, about Willy. The peruser first discovers that Ben is a lot wealthier then Willy, and, while they are siblings, they didn't grow up together. The peruser likewise learns through the flashback that Willy loves Ben, however they have never been close. Willy remarks, â€Å"Ben! I’ve been sitting tight for you so long! What’s the appropriate response? How could you do it?† clearly indicating Ben has accomplished what Willy wishes. T he peruser understands that Ben has made a fortune by â€Å"walking into Africa†. He has flourished by basically utilizing others for what they can give him. â€Å"When I was seventeen I strolled into the wilderness, and when I was twenty-one I exited. Furthermore, by god I was rich† . The peruser finds out about the character of Willy in light of the fact that he totally accepts this is a magnificent method to bring in cash.

Basic Hazardous Waste Management (Blackman, 2001) #2 Essay

Essential Hazardous Waste Management (Blackman, 2001) #2 Essay Essential Hazardous Waste Management (Blackman, 2001) #2 †Essay Example Irresistible waste Infectious waste can likewise be named as biomedical waste, which is unattended strong waste, with the intensity of causing transmittable maladies whenever revealed pathogenic creatures of reliable infection and measurements through an open entry in the focused on have. For example, societies and load of irresistible specialists are viewed as irresistible waste with a particular risk. This is on the grounds that pathogenic life forms are within reach in extraordinary fixation in these materials. Instances of operators in this classification incorporate â€Å"specimen from clinical and neurotic research facilities, specialists from pharmaceutical arrangements and scatters from arrival of organic and antibiotics† (Blackman, 2001). In â€Å"Blood and blood products† the primary wellbeing dangers incorporate â€Å"hepatitis B, hepatitis C and HIV† (Blackman, 2001). â€Å"Malaria, yellow fever, Colorado tick fever† are viewed as minor special ists present in blood items. Blood tests utilized in various tests ought to be taken care of all the more cautiously, in light of the fact that they are additionally viewed as unsafe, and can cause irresistible maladies. In this way all blood and blood items viewed as waste ought to be treated as irresistible despite the fact that test outcomes may term them to be negative (Blackman, 2001). Pathological squanders incorporate â€Å"tissue, organs, body parts, blood and body fluids† that are discharged during medical procedure and examination (Blackman, 2001). Neurotic squanders from patients having irresistible waste illness ought to be dealt with as destructive as a result of the opportunity that these squanders may contain hurtful pathogens. Moreover, it is likewise critical to deal with obsessive squanders as unsafe, in light of the fact that they may contain obscure disease present in the patient or body being taken care of. Subsequently, all obsessive waste ought to be ta ken care of in a similar way paying little mind to the degree of mischief present. Legitimate measures ought to accordingly, be embraced when taking care of irresistible waste. A satisfactory and solid program ought to be created to guarantee clinical staffs, and patients are shielded from any type of damage produced by irresistible waste. For example all fluids irresistible waste ought to be expelled in fixed holders. Also, compaction irresistible waste ought to be stayed away from. Preceding transportation of any irresistible waste legitimate cleansing ought to be finished. Legitimate rules ought to likewise be created to guarantee honesty is looked after (Blackman, 2001).ReferencesBlackman,W. (2001). Fundamental perilous waste administration. Arizona State University, CRC Press.

Best Author Websites Improve Your Craft

There are so many things to learn if you are interested in becoming a great writer. The first thing you will learn is writers never truly stop learning. There will always be ways that you can better express yourself and better engage your readers. Who knows better what you’re struggling with, when trying to improve your craft, then other writers? For tips and resources, you can only get from those who have walked in your shoes or picked up your pen, check out these best author websites: Be More Productive Even good writers struggle with issues when getting the words down on paper. If you need to improve your ability to get the ideas in your head onto the page and be more productive, check out best author websites like the one below for tips: Bane of Your Resistance by Rosanne Bane. Find out some of the scientific reasons your brain puts up a fight when it’s time to write. Check out this website for weekly posts with solutions to issues such as writer’s block, perfectionism, and procrastination. Get help with brainstorming, capturing ideas, and how to stop missing deadlines and losing opportunities. Craft a Good Story and Get Ready to Publish Most writers want to eventually share their writing with others. That means improving your craft so you can tell a good story and get it ready to publish. We think you’ll agree that one of the best author websites for writers looking for tips on how to weave a great story is: 2.  Live, Write, Thrive by C.S. Lakin is a must see for any writer who is looking to publish their work. Lakin will walk you through not only creating a fantastic story but also how to edit and format your story to get it published. Check out this website for tips on crafting your story, developing characters, and structuring scenes. Her free articles and checklists in the Resources section of the website are a gold mine for fiction writers. If you’ve completed a manuscript, she also offers editing and critiquing services for a fee. Get Paid to Write If one of your writing goals includes getting paid for your writing, you are not alone. It’s tough work, but you can do it. The two best author websites listed below will give you regular access to resources and information that will help you land those writing gigs more easily. 3.  Freelance Writing has been helping writers since 1997 and is still going strong. It’s a great resource for writers who are looking for paid writing jobs. This site pulls in writing and editing jobs from various job boards including Indeed, BloggingPro, and Craigslist. It’s a great way to save time when looking for writing gigs. You can also find information about writing contests, writer’s guidelines for various industries, how-to articles on writing and several free e-books available for download. 4.  About Freelance Writing is a tried and true writers website. It provides information about freelance jobs, how to set freelance fees and improve your ability to land writing gigs. It also includes great free stuff and a helpful books section of links that is a great resource for any writer. Be sure to check out the list of must have books for writers in the helpful books section of the site. Find Your Tribe Becoming a writer can be a lonely, isolated calling. Experienced writers know the best way to be successful is to discipline yourself enough to write every day. Put your butt in the chair and write, or you’ll never make it. But when you spend three to nine months working on your next novel, it can be difficult to find the time to get out and connect with people. Even pro writers need the feedback, inspiration, and companionship that comes with being part of a good writers group. If you can’t find an in-person writer’s group or don’t have time for all that, find an online group. One of the best author websites for helping writers to break out of isolation and find their tribe is the one below: 5.  Fiction Writers Group is a great community of writers for anyone who is writing fiction. A group that got its beginnings on Facebook in 2009, it has become one of the most rapidly growing communities of authors. Members get benefits such as indie service discounts, private anthology calls, publishing opportunities and co-operative workshops as well as great conversation and support from authors of all walks of life. Be Persistent There are many different resources out there for you as a writer trying to improve your craft. When you are looking for the right websites to add to your browser’s favorite list, finding the best author websites is a lot like finding the best doctor for your family. There may not be just one website that will have everything you need. And you may have to try several different ones before you find a good combination of the best author websites for your needs. But keep at it, don’t give up. Be willing to step out of your comfort zone and try something new but be patient enough to give a new website a fair try before tossing it for something else. Eventually, you’ll find the right combination of best author websites to propel you into that sweet spot when it’s time to write. Agents and most experienced writers know, when you write from your sweet spot consistently, that’s when everyone wins!

The 7 Global Basins Where Hurricanes Form

Discuss How Veronica Is Portrayed and to What Extent the...

Veronica is a young but unique character who is carefully crafted in this story by Adewale - Maja Pearce who evokes emotions of sympathy towards her in a distinctive way; Veronica is not a woman who fits in with the stereotypical idea of a woman from the village, she does not seem to care that there is no hope for a better life or the future. This is perhaps the main reason why we as readers feel more sympathy towards Veronica as opposed to Mathilde in The Necklace; her almost inhuman ability to simply accept everything that is thrown at her. Mathilde is directly opposite to Veronica in the way that she behaves: Veronica accepts her unlucky situations and Mathilde complains and makes her life worse. Initially, the writer introduces†¦show more content†¦The writer creates an overwhelming sense of shock in Okeke as he discovers the ‘squalor’ of the village. ‘The place was crawling with disease and everybody was living - surviving rather- in acute poverty’. The use of the metaphor, ‘crawling with disease’ provides an image of bacteria literally crawling and creeping through the village infecting people, resulting in sympathy from the reader. The use of the subordinate clause puts an emphasis on and further describes the state in which people were barely living in. Maja Pearce creates sympathy for Veronica by describing the surroundings that Veronica had to endure to survive. People like us, living in Africa can relate to these conditions because Malawi is a poor country and we understand the way these people have to live. Veronica is depicted as a woman who accepts any situation, downfall or calamity that comes her way. She speaks ‘without bitterness’ at the things she does not have. ‘They are my family, that is enough’ even after her family treated her badly and left her. Veronica exceeds all stereotypes of selfless people. Instead of being ashamed or unhappy with her situation like Mathilde, she embraces her fate. Speaking without bitterness implies that Veronica is not affected by what people do or say to her creating sympathy for her. The reader also feels respectful towards Veronica as she keeps her dignity throughout the whole story and her life.

Digest Election Law free essay sample

G. R. No. L-31455 February 28, 1985 FILIPINAS ENGINEERING AND MACHINE SHOP, Petitioner, vs. HON. JAIME N. FERRER, LINO PATAJO et. Al. Cuevas J. FACTS: In preparation for the national elections of November 11, 1969, then respondent Commissioners of the Commission on Elections (COMELEC) issued an INVITATION TO BID CALL No. 127 on September 16, 1969 calling for the submission of sealed proposals for the manufacture and delivery of 1 1,000 units of voting booths. Among the seventeen bidders who submitted proposals in response to the said INVITATION were the herein petitioner, Filipinos Engineering and Machine Shop, (Filipinas for short) and the private respondent, Acme Steel Manufacturing Company, (Acme for short). the COMELEC issued a Resolution awarding the contract (for voting booths) to Acme, subject to the condition, among others, that (Acme) improves the sample submitted in such manner as it would be rust proof or rust resistant. On October 11, 1969, the COMELEC issued Purchase Order No. 682 for the manufacture and supply of the 11,000 Units of voting booths in favor of Acme. Acme accepted the terms of the purchase. chanroblesvirtualawlibrary chanrobles virtual law library On October 16, 1969, Filipinas filed an Injunction suit with the then Court of First Instance of Manila, docketed as Civil Case No. 77972, against herein public respondents COMELEC Commissioners, chairman and members of the Comelec Bidding Committee, and private respondent Acme. hanroblesvirtualawlibrary chanrobles virtual law library Filipinas also applied for a writ of preliminary injunction. After hearing petitioners said application, the respondent Judge in an order dated October 20, 1969 denied the writ prayed for. Acting on the motion (to dismiss), the respondent Judge issued the questioned Order dismissing Civil Case No. 77972. Filipinas motion for reconsideration was denied for lack of merit. chanroblesvirtualawlibrary chanrobles virtual law library Hence, the instant appeal. chanroblesvirtualawlibrary chanrobles virtual law library Issues: Whether or not the lower court has jurisdiction to take cognizance of a suit involving an order of the COMELEC dealing with an award of contract arising from its invitation to bid; Whether or not Filipinas, the losing bidder, has a cause of action under the premises against the COMELEC and Acme, the winning bidder, to enjoin them from complying with their contract. chanroblesvirtualawlibrary chanrobles virtual law library s virtual law library Held: The Supreme Court resolved the first issue in the affirmative. By constitutional mandate- chanrobles virtual law library The Commission on Elections shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections and shall exercise all other functions which may be conferred upon it by law Hence it has been consistently held 9 that it is the Supreme Court, not the Court of First Instance, which has exclusive jurisdiction to review on certiorari final decisions, orders or rulings of the COMELEC relative to the conduct of elections and enforcement of election laws. hanroblesvirtualawlibrary chanrobles virtual law library We are however, far from convince that an order of the COMELEC awarding a contract to a private party, as a result of its choice among various proposals submitted in response to its invitation to bid comes within the purview of a final order which is exclusively and directly appealable to this court on certiorari. What is contemplated by the term final orders, rulings and decisions of the COMELEC reviewable by certiorari by the Supreme Court as provided by law are those rendered in actions or proceedings before the COMELEC and taken cognizance of by the said body in the exercise of its adjudicatory or quasi-judicial powers. chanroblesvirtualawlibrary chanrobles virtual On the second issue, We rule that Filipinas, the losing bidder, has no cause of action under the premises to enjoin the COMELEC from pursuing its contract with Acme, the winning bidder. hanroblesvirtualawlibrary chanrobles virtual law library While it may be true that the lower court has the jurisdiction over controversies dealing with the COMELECs award of contracts, the same being purely administrative and civil in nature, nevertheless, herein petitioner has no cause of action on the basis of the allegations of its complaint. chanroblesvirtualawlibrary chanrobles virtual law library Indeed, while the law requires the exercise of sound discretion on the part of procurement authorities, 10 and that the reservation to reject any or all ids may not be used as a shield to a fraudulent award, 11 petitioner has miserably failed to prove or substantiate the existence of malice or fraud on the part of the public respondents in the challenged award. chanroblesvirtualawlibrary chanrobles virtual law library In issuing the resolution awarding the contract for voting booths in Acmes favor, the Commissioners of the COMELEC had taken into account that Acmes bid was the lowest; that Acme was a responsible manufacturer; and that upon an ocular inspection of the samples submitted by the bidders, Acmes sample was favorable chosen subject to certain conditions cited in the resolution. In fine, the public respondents properly exercised its sound discretion in making the award. chanroblesvirtualawlibrary chanrobles virtual law library WHEREFORE, finding the instant petition to be without merit aside from being moot and academic, the same is hereby DISMISSED. G. R. No. 108399 July 31, 1997 RAFAEL M. ALUNAN III et. al vs ROBERT MIRASOL, et. al FACTS: August 27, 1992, the Commission on Elections issued Resolution No. 499, providing guidelines for the holding of the general elections for the SK on September 30, 1992 The guidelines placed the SK elections under the direct control and supervision of the DILG, with the technical assistance of the COMELEC. 2 After two postponements, the elections were finally scheduled on December 4, 1992. Accordingly, registration in the six districts of Manila was conducted. A total of 152,363 youngsters, aged 15 to 21 years old, registered, 15,749 of them filing certificates of candidacies. The City Council passed the necessary appropria tions for the elections. On September 18, 1992, however, the DILG, through then Secretary Rafael M. Alunan III, issued a letter-resolution exemption the City of Manila from holding elections for the SK on the ground that the elections previously held on May 26, 1990 were to be considered the first under the newly-enacted Local Government Code. On November 27, 1992 private respondents, claiming to represent the 24,000 members of the Katipunan ng Kabataan, filed a petition for certiorari and mandamus in the RTC of Manila to set aside the resolution of the DILG. They argued that petitioner Secretary of Interior and Local Government had no power to amend the resolutions of the COMELEC calling for general elections for SKs and that the DILG resolution in question denied them the equal protection of the laws. On November 27, 1992, the trial court, through Executive Judge, now COMELEC Chairman, Bernardo P. Pardo, issued an injunction, ordering petitioners to desist from implementing the order of the respondent Secretary dated September 18, 1992, . . . until further orders of the Court. On the same day, he ordered petitioners to perform the specified pre-election activities in order to implement Resolution No. 2499 dated August 27, 1992 of the Commission on Elections providing for the holding of a general election of the Sangguniang Kabataan on December 4, 1992 simultaneously in every barangay throughout the country. The case was subsequently reraffled to Branch 36 of the same court. On January 19, 1993, the new judge, Hon. Wilfredo D. Reyes, re ndered a decision, holding that (1) the DILG had no power to exempt the City of Manila from holding SK elections on December 4, 1992 because under Art. IX, C,  §2(1) of the Constitution the power to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall is vested solely in the COMELEC; (2) the COMELEC had already in effect determined that there had been no previous elections for KB by calling for general elections for SK officers in every barangay without exception; and (3) the exemption of the City of Manila was violative of the equal protection clause of the Constitution because, according to the DILGs records, in 5,000 barangays KB elections were held between January 1, 1988 and January 1, 1992 but only in the City of Manila, where there were 897 barangays, was there no elections held on December 4, 1992. Petitioners sought this review on certiorari. ISSUE: There are two questions raised in this case. The first is whether the Secretary of Interior and Local Government can exempt a local government unit from holding elections for SK officers on December 4, 1992 and the second is whether the COMELEC can provide that the Department of Interior and Local Government shall have direct control and supervision over the election of sangguniang kabataan with the technical assistance by the Commission on Elections. HELD: First. As already stated, by  §4 of Resolution No. 2499, the COMELEC placed the SK elections under the direct control and supervision of the DILG. Contrary to respondents contention, this did not contravene Art. IX, C,  §2(1) of the Constitution which provides that the COMELEC shall have the power to enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. Elections for SK officers are not subject to the supervision of the COMELEC in the same way that, as we have recently held, contests invol ving elections of SK officials do not fall within the jurisdiction of the COMELEC Second. It is contended that, in its resolution in question, the COMELEC did not name the barangays which, because they had conducted kabataang barangay elections between January 1, 1988 and January 1, 1992, were not included in the SK elections to be held on December 4, 1992. That these barangays were precisely to be determined by the DILG is, however, fairly inferable from the authority given to the DILG to supervise the conduct of the elections. Since  §532(d) provided for kabataang barangay officials whose term of office was extended beyond 1992, the authority to supervise the conduct of elections in that year must necessarily be deemed to include the authority to determine which kabataang barangay would not be included in the 1992 elections. The decision of the Regional Trial Court of Manila, Branch 36 is REVERSED and the case filed against petitioner by private respondents is DISMISSED. G. R. No. 103956 March 31, 1992 BLO UMPAR ADIONG, Petitioner, vs. COMMISSION ON ELECTIONS, Respondent GUTIERREZ, JR. , J. : FACTS: Petitioner Blo Umpar Adiong, a senatorial candidate in the May 11, 1992 elections assailed the COMELECs Resolution insofar as it prohibits the posting of decals and stickers in mobile places like cars and other moving vehicles. According to him such prohibition is violative of Section 82 of the Omnibus Election Code and Section 11(a) of Republic Act No. 6646. In addition, the petitioner believes that with the ban on radio, television and print political advertisements, he, being a neophyte in the field of politics stands to suffer grave and irreparable injury with this prohibition. The posting of decals and stickers on cars and other moving vehicles would be his last medium to inform the electorate that he is a senatorial candidate in the May 11, 1992 elections. Finally, the petitioner states that as of February 22, 1992 (the date of the petition) he has not received any notice from any of the Election Registrars in the entire country as to the location of the supposed Comelec Poster Areas. chanrobles virtual law library ISSUE Whether or not the Commission on Elections (COMELEC) may prohibit the posting of decals and stickers on mobile places, public or private, and limit their location or publication to the authorized posting areas that it fixes. HELD: The petition is impressed with merit. The COMELECs prohibition on posting of decals and stickers on mobile places whether public or private except in designated areas provided for by the COMELEC itself is null and void on constitutional grounds. First the prohibition unduly infringes on the citizens fundamental right of free speech enshrined in the Constitution (Sec. 4, Article III). There is no public interest substantial enough to warrant the kind of restriction involved in this case. The posting of decals and stickers in mobile places like cars and other moving vehicles does not endanger any substantial government interest. There is no clear public interest threatened by such activity so as to justify the curtailment of the cherished citizens right of free speech and expression. Under the clear and present danger rule not only must the danger be patently clear and pressingly present but the evil sought to be avoided must be so substantive as to justify a clamp over ones mouth or a writing instrument to be stilled: Second the questioned prohibition premised on the statute and as couched in the resolution is void for overbreadth. ibrary A statute is considered void for overbreadth when it offends the constitutional principle that a governmental purpose to control or prevent activities constitutionally subject to state regulations may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms. (Zwickler v. Koota, 1 9 L ed 2d 444 [1967]). In sum, the prohibition on posting of decals and stickers on mobile places whether public or private except in the authorized areas designated by the COMELEC becomes censorship which cannot be justified by the Constitution: The petition was GRANTED. The portion of Section 15 (a) of Resolution No. 347 of the Commission on Elections providing that decals and stickers may be posted only in any of the authorized posting areas provided in paragraph (f) of Section 21 hereof is DECLARED NULL and VOID. G. R. No. 135691 September 27, 1999 EMMANUEL SINACA, petitioner, vs. MIGUEL MULA and COMMISSION ON ELECTIONS, respondents. DAVIDE, JR. , C. J. : In the 11 May 1998 elections, the two opposing factions of the ruling party LAKAS-NUCD-UMPD (hereafter LAKAS) filled in separate candidates for the position of mayor of the Municipality of Malimano, Surigao del Norte. One faction headed by Robert Z. Barbers (hereafter BARBERS Wing) nominated Grachil G. Canoy (hereafter CANOY), while the other group lead by Francisco T. MATUGAS (hereafter MATUGAS Wing) endorsed the candidacy of Teodoro F. Sinaca, Jr. hereafter TEODORO). Miguel H. Mula (hereafter MULA), a candidate for vice-mayor and belonging to the BARBERS Wing, filed before the COMELEC a petition for disqualification against TEODORO which was docketed as SPA 98-021. On 8 May 1998, the Second Division of the COMELEC issued a resolution disqualifying TEODORO as candidate for mayor of the Municipality of Malimono, Surigao del Norte and ordering the cancellation of his certificate of candidacy because of prior conviction of bigamy, a crime involving moral turpitude. 2 On 10 May 1998, TEODORO filed a motion for reconsideration of the aforesaid resolution. On even date, herein petitioner Emmanuel D. Sinaca, (hereafter EMMANUEL), an independent candidate, withdrew his certificate of candidacy for Sangguniang Bayan Member, joined and became a member of the LAKAS party and was nominated by the LAKAS MATUGAS Wing as the substitute mayoralty candidate for the Municipality of Malimono, Surigao del Norte. On the basis of said nomination, EMMANUEL filed his certificate of candidacy 3 attached thereto is his certificate of nomination as LAKAS mayoralty candidate signed by Governor Francisco T. MATUGAS (hereafter MATUGAS), as party provincial chairman together with EMMANUELs written acceptance of the partys nomination. 4 On 11 May 1998, MULA filed through mail another petition for disqualification, this time against EMMANUEL, which was received by the COMELEC on 14 May 1998 and was docketed as SPA No. 98-292. In his petition MULA contended that the nomination of EMMANUEL as substitute candidate is illegal on the following grounds: a) The substitute, before he filed his Certificate of Candidacy as LAKAS candidate, was an independent candidate. Being so, he cannot rightfully substitute the disqualified one; On 28 May 1998, the COMELEC Second Division dismissed the petition for disqualification and upheld the candidacy for mayor of EMMANUEL. MULA filed a motion for reconsideration raising in the main that the signature alone of MATUGAS in the nomination was not sufficient because the partys authority to nominate was given to both MATUGAS and Senator Robert S. Barbers (hereafter BARBERS), in their joint capacity, and that the nomination of EMMANUEL is void since he was an independent candidate prior to his nomination. On 6 October 1998, the COMELEC en banc issued a Resolution 9 which set aside the resolution dated 28 May 1998 of the Second Division and disqualified EMMANUEL. Emmanuel filed a Special Civil Action in the Supreme Court for Certiorari, Mandamus and Prohibition. ISSUE: Whether or not Emmanuel’s nomination as a substitute candidate was regular and valid. HELD: In the instant case, there was substantial compliance with the substitution of candidate. Emmanuel was properly nominated as substitute candidate by the LAKAS Party to which Teodoro, the disqualified candidate belongs as evidence by the Certificate of Nomination and Acceptance signed by Matugas, the Party’s provincial chairman. The fact that EMMANUEL was an independent candidate prior to his nomination is immaterial. What is more significant is that he had previously withdrawn his certificate of candidacy as independent candidate for Sangguniang member before he filed his certificate of candidacy as a substitute for TEODORO at which time he was, for all intents and purposes, already deemed a member of the LAKAS party MATUGAS wing. Even the fact that EMMANUEL only became a member of the LAKAS party after the disqualification of TEODORO, will not affect the validity of the substitution. There is nothing in the Constitution or the statute which requires as a condition precedent that a substitute candidate must have been a member of the party concerned for a certain period of time before he can be nominated as such. Section 77 of the Omnibus Election Code only mandates that a substitute candidate should be a person belonging to and certified by the same political party as the candidate to be replaced. We cannot provide for an additional requirement or condition not provided under the said provision without encroaching into the domain of the legislative department. Where a candidate has received popular mandate, overwhelmingly and clearly expressed, all possible doubts should be resolved in favor of the candidates eligibility for to rule otherwise is to defeat the will of the people. 33 Above and beyond all, the determination of the true will of the electorate should be paramount. It is their voice, not ours or of anyone else, that must prevail. This, in essence, is the democracy we continue to hold sacred. The petition was GRANTED. The assailed resolution of 6 October 1998 of the COMELEC en banc is hereby REVERSED and SET ASIDE and another one rendered declaring EMMANUEL SINACA as having been duly elected mayor of the Municipality of Malimono, Surigao del Norte. G. R. No. L-54718 December 4, 1985 CRISOLOGO VILLANUEVA Y PARDES, petitioner, vs. COMMISSION ON ELECTIONS, MUNICIPAL BOARD OF CANVASSERS OF DOLORES, QUEZON, VIVENCIO G. LIRIO respondents. TEEHANKEE, J. : The undisputed facts show that one Narciso Mendoza, Jr. had filed on January 4, 1980, the last day for filing of certificates of candidacy in the January 30, 1980 local elections, his sworn certificate of candidacy as independent or the office of vice-mayor of the municipality of Dolores, Quezon. But later on the very same day, Mendoza filed an unsworn letter in his own handwriting withdrawing his said certificate of candidacy for personal reasons. Later on January 25, 1980, petitioner Crisologo Villanueva, upon learning of his companion Mendozas withd rawal, filed his own sworn Certificate of Candidacy in substitution of Mendozas for the said office of vice mayor as a one-man independent ticket. The results showed petitioner to be the clear winner over respondent with a margin of 452 votes (3,112 votes as against his opponent respondent Lirios 2,660 votes). But the Municipal Board of Canvassers disregarded all votes cast in favor of petitioner as stray votes on the basis of the Provincial Election Officers erroneous opinion that since petitioners name does not appear in the Comelecs certified list of candidates for that municipality, it could be presumed that his candidacy was not duly approved by the Comelec so that his votes could not be legally counted. The canvassers accordingly proclaimed respondent Vivencio G. Lirio as the only unopposed candidate and as the duly elected vice mayor of the municipality of Dolores. Villanueva filed a petition for annulment of the proclamation of Lirio. Respondent Comelec issued its questioned resolution on February 21, 1980 denying the petition on the ground that Villanueva’s withdrawal of certificate is not under oath. And that the withdrawal was made not after the last dy but on that very same day. ISSUE: Upon a restudy of the case, the Court finds merit in the reconsideration prayed for, which would respect the will of the electorate instead of defeating the same through the invocation of formal or technical defects. The Court holds that the Comelecs first ground for denying due course to petitioners substitute certificate of candidacy, i. e. that Mendozas withdrawal of his certificate of candidacy was not under oath, should be rejected. It is not seriously contended by respondent nor by the Comelec that Mendozas withdrawal was not an actual fact and a reality, so much so that no votes were cast for him at all, In fact, Mendozas name, even though his candidacy was filed on the last day within the deadline, was not in the Comelecs certified list of candidates. His unsworn withdrawal filed later on the same day had been accepted by the election registrar without protest nor objection The fact that Mendozas withdrawal was not sworn is but a technicality which should not be used to frustrate the peoples will in favor of petitioner as the substitute candidate. As to the second ground, Mendozas withdrawal of his certificate of candidacy right on the very same day that he filed his certificate of candidacy on January 4, 1980 which was the very last day for filing of certificates of candidacy shows that he was not serious about his certificate of candidacy. But this could not be done to would be bonafide candidates, like petitioner who had not filed his candidacy in deference to Mendozas candidacy who was one of his co-planners with some concerned citizens (who) held causes to put up a slate that will run against the erstwhile unopposed KBL slate. ACCORDINGLY, the Court SETS ASIDE the questioned Resolutions of respondent Comelec and annuls the proclamation of respondent Lirio as elected vice-mayor of Dolores, Quezon and instead declares petitioner as the duly elected vice-mayor of said municipality and entitled forthwith to assume said office, take the oath of office and discharge its functions [G. R. No. 136351. July 28, 1999] JOEL G. MIRANDA, Petitioner, vs. ANTONIO M. ABAYA and the COMMISSION ON ELECTIONS, Respondents. MELO, J. : FACTS: On March 24, 1998, Jose Pempe Miranda, then incumbent mayor of Santiago City, Isabela, filed his certificate of candidacy for the same mayoralty post for the synchronized May 11, 1998 elections. On March 27, 1998, private respondent Antonio M. Abaya filed a Petition to Deny Due Course to and/or Cancel Certificate of Candidacy (pp. 26-33, Rollo), which was docketed as SPA No. 98-019. The petition was GRANTED by the Comelec in its resolution dated May 5, 1998 (pp. 36-43, Rollo). The Comelec further ruled to DISQUALIFY Jose Pempe Miranda. On May 6, 1998, way beyond the deadline for filing a certificate of candidacy, petitioner Joel G. Miranda filed his certificate of candidacy for the mayoralty post, supposedly as a substitute for his father, Jose Pempe During the May 11, 1998 elections, petitioner and private respondent vied for the mayoralty seat, with petitioner garnering 22,002 votes, 1,666 more votes than private respondent who got only 20, 336 votes. On May 13, 1998, private respondent filed a Petition to Declare Null and Void Substitution with Prayer for Issuance of Writ of Preliminary Injunction and/or Temporary Restraining Order, which was docketed as SPA No. 98-288. He prayed for the nullification of petitioners certificate of candidacy for being void ab initio because the certificate of candidacy of Jose Pempe Miranda, whom petitioner was supposed to substitute, had already been cancelled and denied due course. On May 16, 1998, Comelecs First Division dismissed SPA No. 98-288 motu proprio (pp. 57-61, Rollo). Private respondent moved for reconsideration (pp. 62-72, Rollo). On December 8, 1998, the Comelec En Banc rendered the assailed decision aforequoted, resolving to GRANT the motion for reconsideration, thus nullifying the substitution by petitioner Joel G. Miranda of his father as candidate for the mayoralty post of Santiago City. On December 9, 1998, petitioner sought this Courts intercession via a petition for certiorari, with prayer for the issuance of a temporary restraining order and/or writ of preliminary injunction. ISSUES: 1. Whether the annulment of petitioners substitution and proclamation was issued without jurisdiction and/or with grave abuse of discretion amounting to lack of jurisdiction; and 2. Whether the order of the Comelec directing the proclamation of the private respondent was issued with grave abuse of discretion amounting to lack of jurisdiction. HELD: The Court finds neither lack of jurisdiction nor grave abuse of discretion attended the annulment of the substitution and proclamation of petitioner. On the matter of jurisdiction, there is no question that the case at hand is within the exclusive original jurisdiction of the Comelec. On the issue of soundness of the disposition in SPA No. 8-288, the Court finds that the Comelecs action nullifying the substitution by and proclamation of petitioner for the mayoralty post of Santiago City, Isabela is proper and legally sound. All told, a disqualified candidate may only be substituted if he had a valid certificate of candidacy in the first place because, if the disqualified candidate did not have a valid and seasonably filed certificate of candidacy, he is and was not a candidate at all. If a person was not a candidate, he cannot be substituted under Section 77 of the Code. Besides, if we were to allow the so-called substitute to file a new and original certificate of candidacy beyond the period for the filing thereof, it would be a crystalline case of unequal protection of the law, an act abhorred by our Constitution. The question to settle next is whether or not aside from Joel Pempe Miranda being disqualified by the Comelec in its May 5, 1998 resolution, his certificate of candidacy had likewise been denied due course and cancelled. The Court rules that it was. Comelec committed no grave abuse of discretion in resolving SPA No. 98-288 in favor of private respondent. As earlier pointed out, the result in the dispositive portion of the December 8, 1998 resolution pertaining to the issues involved in SPA No. 98-288 is correct insofar as it annulled the election and proclamation of Joel G. Miranda. But even assuming for the sake of argument that it is not, still, this supposed error does not constitute grave abuse of discretion which may be annulled and reversed in the present petition for certiorari.

Melbourne Transport System Essay Example

Melbourne Transport System Essay Name: Course: Instructor: Date: We will write a custom essay sample on Melbourne Transport System specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Melbourne Transport System specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Melbourne Transport System specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Melbourne Transport System Abstract According to international standards, the Melbourne transport system is considered one of the most challenged in the world. Though it has the largest tram network in the world, the overall transport system is slowly disintegrating. The numerous problems facing the transport system include cancellations of train schedules at stations, augmentation of ticket fares, poor planning and laxity on the part of the government, congestion on the roads, security issues and long waits at stations. These problems require immediate intervention by the government to improve the transport system in the city. The system can be improved if blame games between the government and the private sector stopped. The government also needs to be strict in its regulations about transport quality within Melbourne and its surroundings. The ticket fares need to be regulated and effectively controlled. Ticket inspectors need to be punished and disciplined for their lack of manners and respect for passengers. More people should start using buses to travel instead of cars so that traffic congestion reduces. Transport ministry should impose harsh laws on quality of trains and trams being used to avoid inconveniences. Introduction The Melbourne transport system is one of the oldest transport systems in the world. Transport in Melbourne consists of widespread networks and a broad assortment of transport services such as tram, bus, railway services, freeway network, just but to name a few. Melbourne’s tram network is considered the largest in the world given by its integration into the train and bus networks. There are nearly 300 bus routes and a 16-line train system servicing Melbourne and its surrounding areas. Melbourne’s Western Central Business District is where all railway networks link. The main mode of transport in Melbourne is train transport. It is resourceful, economical and extensive. As much as it helps Australians, there are issues attached to the transport system that need to be addressed. The Melbourne transport system has been facing a number of challenges from train cancellations, increase of ticket fares, harassments, poor planning, traffic congestion, security, waits, etc. Given by the issues surrounding the transport system; most people are opting to use private means to travel to avoid the hustle that comes with using the city’s transport system. The data for this report was obtained from books and articles about the transport system in Melbourne. Results An estimated 7 percent of all trips inside the metropolitan area in Melbourne are done by the public transport system. Most of the inhabitants of Melbourne city are dissatisfied with the transport system services and would like to see some changes and improvements. Train cancellations have become a common occurrence in the city, and this displays the perceived meltdown of the transport system. The recent fare increase has also contributed to the rising discontent of passengers. According to international standards, Melbourne compares poorly in terms of investing in the transport system. The issues have led to a large number of passengers opting to use private means to get to their destinations. Discussion Train cancellations in the city have been frustrating commuters, and the justifications for this phenomenon are far-fetched. According to the chief executive of Connex, Jonathan Metcalfe, the cancellations have been due to â€Å"very hot weather† (qtd in Windisch, 2009). In addition, he blames this problem on the RTBU (Rail, Tram and Bus Union) claiming that it â€Å"stopped some trains running that could easily have been in use† (qtd in Windisch, 2009). Inhabitants of Melbourne are not satisfied with this explanation because the weather is hot during the summer, and that should not be an excuse for the train cancellations. More blame is shifted to Connex from RTBU about their failure to enhance continuance standards and provide adequate personnel to solve the problems. The trains cancellations prove inconveniencing to the passengers especially considering it is faster to use them to move around. Ticket fares were increased by an estimated 9 percent from January 1 this year. All trips less than 40km were affected by this augment in fares. Going by this increase, public transport in Melbourne became the most expensive in Australia (Davies, â€Å"Is the 9% increase in public transport fares fair?†). Distraught commuters are forced to pay extra for short trips and lack of tickets leads to hefty fines imposed by the ticket inspectors. When found without a ticket, passengers are faced with the burden of paying up to $153 or face prosecution and harassment from the inspectors. These inspectors feel that they can harass commuters. Their continued aggression and confrontation behavior has led to complaints by commuters all over the city. It is not enough that fares have become unbearable the harassment is becoming overwhelming on users of public transport. With the augmenting fares and consumer frustration about the Melbourne transport system, stringent measures need to be tak en for a better future. Public transport and private means have resulted to increased traffic congestion on the roads of Melbourne. Buses and private cars have congested the road system in the city. Traveling to any part of the city has become a menace because of the ever-present traffic on the roads caused by the buses and other vehicles. Given by this discouraging phenomenon, more people are choosing to travel by train and this has led to overcrowding in the trains. Some companies that are introducing new trains and trams into the market have been accused of bringing low-quality trains into the city. The government has since been blamed for this problem because of poor planning and lack of rigorous rules and regulations in the transport system. Commuters have also complained about the poor services and infrequencies of the trams especially during weekends. Public transport minister admitted defeat when he said, â€Å"you’ll never ever get to the point where you can say we’ve fixed the probl em† (qtd in Gardiner, â€Å"Public transport minister Terry Mulder has admitted he cannot deliver Melbourne a perfect train system†) The wait between services is considered the most exasperating aspect of Melbourne transport system. This problem is specially witnessed during off-peak hours where commuters are forced to wait between 30 minutes and an hour for buses. In other cities around the world, passengers only have to wait 10 minutes between services, which makes their transport systems more attractive and convenient. Commuters are constantly complaining about having to wait for services at stations, and the government has not made any efforts to improve this situation. In addition, if the government improved the transport services, â€Å"more people would use the system and it would be safer as a result† (PTUA, â€Å"The problem with Melbourne’s Transport†). This can be done if the government and the private sector provided sufficient recruitment at the stations to make the passengers feel safe. Security has also been breached in trams because there are no conductors, therefore, instillin g fear in most of the passengers. Conclusion The Melbourne transport system has been facing numerous challenges since time immemorial. Some of these problems range from fare issues, train cancellations, harassments from ticket inspectors and security in the system. Moreover, there have been rising cases of traffic congestion on the road given by the increasing number of buses and other vehicles, the government laxity to plan adequately and the long waits at stations. Ticket fares have gone up in recent times making it difficult to use public transport. Cases of trains cancellations especially during peak hours continue to inconvenience many commuters. Ticket inspectors have found a loophole in their work by harassing passengers for mistakes as little as lacking tickets in trains and trams. Because the staffing on the transport system is not sufficient, insecurity continues to loom in the trains and trams. Buses and personal cars continue to increase the traffic congestion on the roads. Poor planning and laxity by the government has given way to unworthy trains in the systems, which have had to be cancelled for failure. Commuters are constantly complaining about the long wits at the stations between services. These problems have lowered international standards of Melbourne in comparison to other cities around the world. Looking at the problems in the Melbourne transport system it is imperative that effective measures are taken to improve the situation. Recommendations In order to counter the problem in the Melbourne transport system, government officials have to stop blaming train cancellations on the weather and do something about it. They should only allow trains in excellent conditions to operate. It would be in the best interests of the city if there were no train cancellations within the transport system. The prices for tickets also need to be regulated. The increase in fare has only chased commuters away from public transport hence reducing the revenue collected from public transport. Responsible government and private authorities should find ways to improve the pricing strategy in the system so that people would go back to using public transport. This problem goes hand in hand with that of ticket inspectors harassing commuters. Strict disciplinary measure should be taken against those inspectors found guilty of harassing passengers. This would teach other inspectors a lesson on respect for passengers and improve the relationship between the m and the commuters. The problem of traffic congestion on the roads caused by buses and cars can be dealt with if people used buses to travel instead of cars. This would substantially reduce traffic congestion and air pollution. The public transport ministry should impose rules on the trains and trams that are used by commuters in the city. This would increase public transport use and instill confidence of the public in the government. In addition, the government should ensure that all modes of transport adhere to the rules and regulations of the land. Waiting periods between services would be reduced if more trains worked during off peak hours and weekends. The transport system requires increased staffing in order to reduce the problem of security. Trams should have conductors to enhance security measures and boost commuter confidence about traveling at any time. Works cited Davies, A. â€Å"Is the 9% increase in public transport fares fair?† Crickey.com.au. 7 December 2011. Web. 17 August 2012. Gardiner, A. â€Å"Public transport minister Terry Mulder has admitted he cannot deliver Melbourne a perfect train system†. Heraldsun.com.au. 15 August 2012. Web. 17 August 2012. PTUA. â€Å"The problem with Melbourne’s transport†. Ptua.org.au. n.d. Web. 17 August 2012. Windisch, M. â€Å"Melbourne’s public transport chaos†. Greenleft.org.au. 24 January 2009. Web. 17 August 2012.