Stylistic Analysis of “Arrowsmith” by Sinclair Lewis

Text Analyses Arrowsmith by Sinclair Lewis Starting reading the extract from the novel of the first Ameri piece of tail awarded the Nobel Prize in Literature one peck predict that the whole book is quite subjective. The description of the geographical station of the state Winnemac and its largest city makes exactly such impression. But when the reader goes on he faces really vivid examples of hyperbola, epithets, zeugma, illustrations and other stylistic devices. One becomes immersed in the bright, humorous and at the equal time critical world of Sinclair Lewis.The indite mocks at the weak points of education, at ridiculous university traditions and the life of students in general. The backup of the story Arrowsmith depicts the surname of the main theatrical role. It is a quite rare side surname. The second part of the compound Smith means a somebody who does something extraordinary. An arrow is usually associated with reaching a goal. The surname Arrowsmith is fitting for a person who is initiative, able to cogitate critically, who is patient and persuasive in doing his job.Martin Arrowsmith is mediocre this type of a person. For his shyness he is an attractive young piece devoted to his studying. The fountain describes his university experience. The story is a 3-d person narration. It emphasizes that the author is not a participant of the events but just an observer. The description of the university of Winnemac is intact of exaggeration . Its likeness to Oxford and Harvard, its buildings measured by the mile are faithful examples of hyperbole.The enumeration of the disciplines taught at Winnemac is used to show the great variety of bootless subjects that students should cope with and to depict the broad specialization of universities where Doctors of Philosophy just wee rapid instructions. Sinclair Levis says that such variety of subjects cant insure a good quality of education. The epithets leisury nonsence, snobbish college are contradi cted by a bright metaphor the university is a mill to turn out men and women who will lead moral lives .All these devices help the reader to catch the throne of irony which is used more vividly in the sentence where the university is compared to a Ford Motor Factory. It is also a metaphor and this hidden comparison is used to mention that the work of a college is standardized and there is no ground for developing creative thinking, different from the standard one. Ein truththing is designed to take a leak ordinary people ready to serve for the society. The characteristic of Martin is also very bright. Talking about his prospects the author uses enumeration a respectable runner, a fair basketball center, a savage hockey renovateer.The example of metaphor is The University has become his world. It puts emphasis on Martins loneliness and fear to studying. Describing Digamma Pi Sinclair Lewis uses zeugma It was a lively boarding-house with a billiard table and kickoff prices, In a fraternity, all tennis rackets, trousers and opinions are held in leafy vegetable. Then goes oxymoron comfortably immoral . Everything depicts the doubtful reputation of the fraternity. The conversation amid Martin and Ira Hinkley is spiced with antithesis high ideals- tortured bodies and oxymoron rottenest advantages.But the most vivid is the description of buttery Pfaff. Here Sinclair Lewis uses irony saying that he was the most useful to Digamma Pi, simile he looked like a distended hot water feeding bottle, oxymoron he was magnificently imbecile, bright enumeration he believed eachthing, he knew nothing, he could memorize nothing. All these stylistic devises help to relieve oneself the vivid image of Fatty, his appearance and foolish innocence. On the example of this character the author shows stupid traditions and cruel behavior of the students.But still in every company there is such butt to whom thoughtful house-mates (irony again) like to play tricks. The metaphor the living room suggested a recent cyclone is the most suitable for the description of Digamma Pi. Then goes the enumeration of a great many of things that can be found there. Everything is used to show the way of life of students. Sinclair Lewis is a master of stylistic devises. His irony is vivid, his metaphor is bright, he forces the reader to think over the most burning problems of education and the lifestyle of students at the same time entertaining the public.

Historical Inquiries Group Essay

By the 1870s, atomic number 63 was forever changed by the formation of Italy and Germany as new nation-states. Through this formation, Europe was shaken by the alteration in the relaxation of power. In Germanys case, its coalition was created through the continueership of Prussia, attempting to behave a strong ethnic nation that could defeat Austria. Italys unification was made possible by the initial intentions of Sardinia. Europe witnessed how drastically the balance of power was shifted during World War I, when Germany and Italy proved they had both grown into effectual nation-states.The creation of the nation-states of Italy and Germany was a key point in the history of Europe that changed that balance of power in Europe. There are several factors that lead to the unification of Germany. For example, the introduction of new nationalistic ideas during the Enlightenment, caused for such events like the Carlsbad Decrees, which were German youth movements that spread national an d liberalistic ideologies.These movements, however, were not too victorious and eventually suppressed underground. The greatest factor that leads to the unification of Germany was most likely through Prussia under the control of Otto von Bismarck, who led Prussia to become the unifying power. The Danish-Prussian warfare in 1864 was the first step for Prussia, in which Prussia gained Schleswig, and Austria, which had an alliance with Prussia at the time, gained Holstein. collectible to Holstein geographical isolation from Austria, it created tensions between Prussia and Austria, and lead to the Austro-Prussian war. The results of the war ended up with Austria being defeated, and Prussia gaining Holstein. The Franco-Prussian war in 1870 lead to the Treaty of Frankfurt, allowing Prussia to gain Alsace and Lorraine from France the going of Alsace and Lorraine later becomes a reasons for tensions between France and Germany.

Osmosis Triple Science Essay

IntroductionIn this investigation I am investigating if varying the amount of incision antecedent or distilled body of water determines the parsimoniousness of cubicle sap. I go forth do this by using different concentrations of sugar solution and distilled water. If the moderate is hypotonic a dilute solution, with a high water concentration than the cellphone the cell volition gain water through osmosis. unless if the medium is isotonic a solution with exactly the same water concentration as the cell there will be no net movement of water across the cell membrane. If the medium is hypertonic a concentrated solution, with a lower water concentration than the cell the cell will lose water by osmosis.Investigation variablesTo eat up a controlled reliable investigation I will control the next variablesTo try my best to do the experiments at the same room temperature.I will prepare the cultivated carrots in the same way because any pocketable changes can ruin the expe riment.The mass of the carrots is a dependent variable and this voice communication means that the piece of carrot will be measured invariably throughout the experiment. I will measure in grams, in admission the piece of carrot will be measured before and subsequently it is put into the solution, this will allow us to see if any osmosis has taken place.Fourthly the volume of the solution which the carrot pieces are put in must be same for all of them for example all of them should be covered in what is supposed to be covered in. Also I am going to use the same set of scales to measure the carrot pieces in the solution. This is because measurements may vary between the scales.I did this in a lab so everything was under control to make my results very reliable.My assumptionI predict that the less sugar solution we use the higher the concentration of the cell sap would be.PlanFirst I will take some xylem cells from inside of the carrot and some phloem from the exterior of the ca rrotI will take 15 samples of each typeface of cell from each carrotI will put 3 samples in each solutionI would then leave it for 1 hourThen I would reweigh its massThen plot these results onto a graphAnd then where the line crosses 0 is the concentration of the cytoplasm finishingAs I conclude I can say that in my investigation I found out that the more sugar solution you cover in the carrot piece the higher the concentration of cell sap would be and there would be more osmosis activity. However what does thump me is what you can see above, the two outliers because they don not surprisingly gather with the others but I am sure that if we do this investigation again there would be two outliers or less.

Inferno: The Cantica of Artful Horror

Dante Alighieris Inferno, only one part of the Divine Comedy though hailed by many as the most compelling of the three canticas, deserves to be called a literary classic because it is not only an exceptional manikin of classical literary disgust, but it is also a representation of how gothic battalion envision the pits. It is a blend of grotesque monsters and historical figures whose grooming tie is sin in its many forms.Alighieri invites the reader to enter the golf-club one shots of hell the deeper the circle, the more serious the sin. Unlike most contemporary horror that showcase graphic violence wrought by horrifying monsters or a more intellectual and atmospheric environment, Alighieri attempts to create horror that is some(prenominal) gruesome and intelligently pluralityd by real historical people and real sins. Moreover, the reader can almost believe his version of what hells landscape is like.The Inferno explores the edge of limbo to the innermost circle of the Male bolge. In each step of the journey, depictions of suffering bring the reader to an sense of base human desires making him or her face the reality that people help create the nine circles of hell by living sinfully. A piece of literature that is still remembered after more than 700 years moldiness be considered a literary classic representing a writing style that whitethorn not receive as many praises as others. Though a classic piece that touches on views of the Christian afterlife, true to its horror genre Inferno still shocks and frightens.

Dorian Gray Essay

The television Of Dorian Gray Essay on that point are certain aspects of Dorian Grays personality that contract me think he is schizophrenic, such an example is multiple personalities. In the start of the reputation, Dorian was a young, attractive boy with cunning wit and a semi-feminine charm. It was just an ordinary day and all of the sudden, Dorian meets sweet basil Howard. irrational with his good looks, the beauty of Dorian hit Basil like a Mata bus. As Basil began painting a picture of Dorian, he met noble Henry, a close companion of Basil and he too was in love by Dorian in a different way.He had interests of analyse him instead of admiring him. Finally, Basil finishes the picture and in the first two chapters of the mass and in one paragraph, you have met three contributions of Dorians scruples the painting, master Henry Wotton, and Basil Howard. The painting was an obvious representation of Dorians conscience in my opinion because as his soul grew weaker, as did his conscience. As Dorian aged, he became evil and he never popular opinion for himself, he either adopted noble Henrys views or Basils.Dorian clearly listened to Lord Henry more because in the long run, he became evil. It had, perhaps, served often as a pall for the dead. today it was to hide something that had a certain corruption of its own, worse than the corruption of ending itself something that would breed horrors and yet would never die (Wilde 122). According to the bible, your soul is divinity fudge and I think Dorian is expressing this in his thoughts. In this quote, Dorian wants to mop up up his conscience and his soul to avoid listening to it.The portrait represents his never-ending nagging conscience and shitty decisions he has made in the past. Lord Henry and Basil Howard were the good ideal (Basil) and bad angel (Lord Henry) on Dorians shoulder. Lord Henry always tried to let the cat out of the bag aphorisms and spoke of himself as a higher power, such as My pricey boy, no woman is a genius. Women are a decorative sex. They never have allthing to say, but they say it charmingly. Women represent the triumph of matter eitherplace mind, just as men represent the triumph of mind oer morals (Wilde 51).Lord Henry was always trying to force his opinions into Dorians head and the sad thing was, he ate every word and practiced it in his life. Lord Henry represents the bad angel/conscience and it was also the side he listened to more often than any other. On the other hand, Basil represents the good angle/conscience. Throughout the book, Basil always tried to steer Dorian in the right direction. Dorian looked up to Basil in the beginning but, as his infatuation became stronger with Lord Henry, the respect dwindled and Dorian listened less and less. The prayer of your pride has been answered. The prayer of your self-condemnation will be answered also. I worshiped you too much. I am penalize for it (Wilde 162). Even in a time of horror, Bas il stood behind Dorian and tried to help him in a hard situation but, Dorian did not listen and turned to the dark side when he verbalize Each of us has Heaven and Hell in him, Basil (Wilde 161). Dorian had finally shut the door on his good conscience and killed him in spite of appearance minutes. In Dorian Gray, Oscar Wilde is telling his readers it is harder to follow the better side of your conscience. in that respect are many temptations to do the right and the wrong thing and this story is an example of when you always make the wrong choices. The ending of this story also showed the final bad decision when a change is presented right in front of you and yet the weak character still follows a bad influence. Wilde is teaching us a lesson in life, to always follow your amount as you take in bad and good influences. Works Cited Wilde, Oscar. The Picture of Dorian Gray. New York Barnes & Noble, 2003.

The Uae Food & Drink

How Near-Term deal Weakness Is Reshaping social club Strategies A New Report from clientele superintend international (BMi) The UAE solid nutriment & take in militant Intelligence Report rival for foodstuff sh be in the UAE continues to intensify as nutrient and imbibe firms battle against the conflicting interests of limited harvest-time prospects but appealingly-high spending levels and as local players seek to ward off the ever growing threat of multinational competition.Responding to our clients requests, BMIs food and suck up analysts have just produced The UAE Food & Drink competitory Intelligence Report, analysing and comparing the strategies adopted by major players as they seek to exploit opportunities and mitigate risks in a rapidly changing environment. Whether you are a food and drink manufacturer, localiseor or supplier to the assiduity, you entirelyow benefit from the following key features of this report the UAe food & drink belligerent intelligen ce report pUblished by bUsiness observe internAtionAl caller-up indites on the UAEs 10 leading food and drink companies, containing Company overview, latest Company exploitations, Product entropy, local/ personaal/Global operations,SWot compend, Company Strategy and Financial Per levelance. Each profile provides hard-to-get competitive intelligence with which to benchmark the festering and risk management strategies of your competitors, peers, partners and clients. List of companies profiled Al own(prenominal) Water Al Ain Dairy Al Rawabi crossroad Dubai Refreshments EMKE FoodCo Masafi Spinneys Unilever www. usinessmonitor. com 9 BMIs Investment Risk-Reward Rating ranks the uaes attractiveness for industriousness investors compared to its regional peer group (Bahrain, egypt, israel, capital of Kuwait, lebanon, oman, Qatar, Saudi arabia). 9 BMIs line of descent Development theater directory gives you direct access to senior decision-makers and purchasers at le ading food and drink manufacturers and suppliers operating in the uaes food and drink securities industriousness store providing a powerful business development and send awayworking tool to source bran-new clients, partners and suppliers.The UAE Food & Drink Competitive Intelligence Report is available to industry professionals, strategists, trade bodies, government and regulatory agencies and international investors on preferential monetary value for a limited period only Saving you 15% on your report mark (see anchor page special Discount nightclub Form). BMIs clients, who include over 400 of the Global Fortune vitamin D companies rely on our competitive intelligence epitome and data to benchmark competitors and peers at leading multinational and local companies operating across philia East & African food and drink markets.CLIENT LIST Carlsberg MW Brewery Coca green goddess Maersk Mars GCC Fzc Mitsubishi Corporation Pepsico International Price piddlehouseCoope rs Red Bull The Boston Consulting root Unilever North Africa & Middle East REpoRT CoNTENTS plane section 1 CoMpETITIvE LANDSCApE ANALySIS 1. Company-comparative abstract of the leading food, drink and securities industry retail companies, CoMpANy pRoFILES ExTRACTS DuBaI REfREShmEnTS examining gross gross sales, market share and primary(prenominal) reaping areas and facilitating the denomination of successful investment strategies and themes. nd our broader macroeconomic growth forecasts. Company strategies are also examined in relation to key operational, macroeconomic and political risks. 2. Company comparisons are made within the framework of our industry growth forecasts subdivision 2 CoMpANy pRoFILES Companies Profiled Al Ain Water Al Ain Dairy Al Rawabi Carrefour Dubai Refreshments EMKE FoodCo Masafi Spinneys Unilever Key PepsiCo franchise bottler Dubai Refreshments Company (DRC) is to invest in a AED400mn (US$108. 9mn) plant in the UAE to come on flo wing in 2012.The plant is expected to boost DRCs annual faculty nearly threefold to 150mn cases and should, in our opinion, allow the firm to launch a number of new drinks as the wider soft drinks industry speeds up its spiritual rebirth away from traditional low-cost carbonates to higher value segments Company Profile Contents 1. Company Overview period established, ownership structure, main business units, total maSafI business operations, leading products, market share. 2. Latest Company Developments M&a, junction ventures, divestment/investments, projects, ontracts, new product launches, regulatory issues, announcements. 3. Product Portfolio leading brands and new product development initiatives. 4. Local, Regional & Global Operations Domestic sales, main regional/global export markets, impertinent purchases, JVs and strategic partnerships. 5. SWOT Analysis analysis of company strengths, Weaknesses, opportunities and threats allowing for an examination of factors both i nternal and external that will advert future company performance. 6.Company Strategy Analysis of company responses to fast-changing local market conditions, ranging from distribution network expansion to exploring new markets and from portfolio diversification to widen sales reach to research and development investment to secure future growth prospects. growth y-o-y, set against historic 5-year financial performance covers revenues, operating profit, net profit, Basic EPS and EBITDA. Masafi aims to strengthen its market position by introducing new products and developing manufacturing and marketing strategies.It has a wide range of products, ranging from a twolitre mineral water bottle to a sizeable juice range. The company also promotes itself as highly socially responsible, entering into partnerships with international humanitarian and medical balance organisations. Masafi has also been looking abroad for growth, with overseas sales now be for nearly 30% of its business 7. F inancial Performance BMIs analysis of latest-available company financials and % EmKE GRouP Financial Performance Table estle 5-year (2005-2009) financial information (chfmn, or % chg y-o-y for growth statistics) 2005 Sales Sales appendage EBIT EBIT Growth interlocking Profit Net Profit Growth Capital Expenditure CapEx Growth Earnings Per Share EPS Growth Source come near Investor Relations 2. 08 3,375 8,081 11,876 91,115 2006 98,458 8. 1 13,302 12. 0 9,197 13. 8 4,200 24. 4 2. 39 14. 9 2007 107,552 9. 2 15,024 12. 9 10,649 15. 8 4,971 18. 4 2. 78 16. 3 2008 109,908 2. 2 15,676 4. 3 18,039 69. 4 4,869 -2. 1 4. 87 75. 2 2009 107,618 -2. 1 15,699 0. 1 10,428 -42. 2 4,641 -4. 7 2. 92 -40. 0 UAE-based conglomerate EMKE Group, owner of the Emirates leading saucer branded supermarkets and hypermarket will invest SAR1bn (US$267mn) in Saudi Arabia over the near eighteen months a decision we believes makes sense given our view that Saudi Arabia houses the Gulf regions most promising m ass grocery retail (MGR) industry on a number of counts SECTIoN 3 MARkET ATTRACTIvENESS FoR INvESToRS Market overview analysis of sector maturity, industry expenditure, foreign investment, GDP contribution, key industry players, regulatory environment, imports and exports. SWoT Analysis trengths, Weaknesses, opportunities and threats analysis covering government policy and foreign investment environment, local manufacturing standards, growth and demand trends, demographic and macroeconomic trends, distribution infrastructure and supply range of mountains standards and the competitive landscape. RISK-REWARD RATINg ExTRACT BMIs Investment Risk-Reward Rating BMIs Investment Risk reenforcement rating allows investors to weigh up the attractiveness of the uae as an industry investment opportunity relative to its regional peers Bahrain, Egypt, Israel, kuwait, Lebanon, Oman, Qatar, Saudi Arabia.Food and Drink industry and Country reward and risk scores ( forbidden of a total of 100) ar e weighted and combined to illustrate potential investor returns, as compared to other markets and to the regional average. middle east food & drink risk/reward ratings rewards Bahrain UAe Qatar Kuwait Egypt Saudi arabia oman Lebanon *Israel 53 51 50 46 49 45 39 38 45 risks 68 69 65 69 57 63 67 48 73 risk/reward rating 57. 3 56. 5 54. 7 52. 6 51. 0 50. 8 47. 7 40. 8 53. 2 The UAEs reward score is the regions second highest behind Bahrain.However, its industry reward score is the concluding of the conduct three ranked markets, emphasising the relative maturity of the UAE market, with high alert per capita consumption levels. Although strong per capita food consumption growth is not forecast, which is the main card Bahrain has in its favour against the UAE, premiumisation opportunities have yet to be worn despite ongoing real economy weakness (mostly in Dubai) inflicted by the 2009 economic downturn *Israel has been included for comparative purposes only. Had it been ranked, it w ould have scored fourth.Source BMI. Scores out of 100, with 100 highest. For full methodology see Appendix at the back of our Food & Drink Quarterly Reports, or visit our online service SECTION 4 BUSINESS DEvELopMENT DIRECToRy The UAE Food & Drink Business Development Directory Primary research, conducted in Q3 2010, brings together latestavailable, accurate data on jacket crown decision-makers at the UAEs leading supplier companies, including ownership structure, company size and sales volume, expansion strategy, key partners and main products and services.Providing direct access to top industry decision-makers and purchasers, the directory represents a powerful tool to source new clients, partners and suppliers, and benchmark competitors. Sample Directory Listing Nestle Middle East FZE PO misfortune 17327 Jebel Ali Free Zone Dubai UAE Tel xxxxxxxxxx autotype xxxxxxxxxx E-mail xxxxxxxxxx Website www. nestle. com KEY PERSONNEL president & CEO xxxxxxxxxx Finance Director xxxxxxx xxx Communication & Marketing Services Director xxxxxxxxxx Sales Director xxxxxxxxxx Head of Human Resources xxxxxxxxxx LOCAL STATISTICS Annual sales volume US$ xxxxxxxxxx No. f employees xxxxxxxxxx BUSINESS ACTIVITY Nestle Middle East has 17 factories and 37 offices in the region and in March 2010, opened a new multi-million dollar facility given over to manufacturing powdered milk and packaging imported Mackintoshs pure tone Street chocolates. The complex, based at TechnoPark, Dubai, also plans to manufacture chocolates and wafers from the new spread out facility later this year. Nestle Pure Life bottled water will also be produced and distributed from the facility.Nestle Middle East also sells brands such as Nido, Kit Kat, Quality Street, Nescafe and Maggi. INDUSTRY CLASSIFICATION Food & Drink NATIONALITY / dole out AFFILIATION Switzerland SUBSIDIARY OF Nestle SA, Switzerland NEWLY RESEARCHED IN Q3 2010 Core Company Dataset Company name, web and postal allot email, t elephone and fax add up Year of local registration employee size and sales volume (estimates) of import business activities, products and services Industry classifications nationality Global and regional HQsSpecial Discount differentiate Form 15% Discount on The UAE Food & Drink Competitive Intelligence Report oR up to 50% discount for all 13 Food & Drink Competitive Intelligence Reports place your order online at www. businessmonitor. com/bfr/australia Place your order online at www. businessmonitor. com/dm/cir/food/uae occupy tick the box(es) below, complete your payment details and fax back the form to us within 30 days latest on +44 (0)20 7248 0467 Intelligence Report at the 15% discount rate of 695/ US$975 (down from 820/ US$1,150).This includes 3 FREE quarterly updates, airmail and email delivery. i would also like to purchase the following Food & Drink Competitive Intelligence Reports at the special discount rates below australia china egypt india indonesia M alaysia russia All 13 Food & Drink Competitive Intelligence Reports saudi arabia singapore south africa thailand Vietnam yES i wish to order The UAE Food & Drink CompetitivePrefix / Full Name .. 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Take Home Final Exam

The following dwelling houses provide be reviewed from Rosebushs History of Photography textbook 1) Charles Sheller, Industry, shell 585 2) Eve Seaman, Oranges, Manhattan 1978, plate 743 3) Berne and Hill Becker, tress Towers, plate 736 4) Aaron Siskin, New York NO. 6, 1951, plate 664 5) Lynn Cohen, Corridor, plate 700 6) Mary Ellen Mark, flyspeck in her Halloween Costume, Seattle, plate 689 Charles Sheller, Industry Charles Sellers check, Industry represents a time during the Industrial age when interbreeding was uncompromising machinery and assembly lines were pitiable at a constant rate.Sellers drub enkindle be determined in the Aesthetically Evaluative tagre due to the equilibrium and balance in the photograph. The shapes and lines crisscross and work together to trope a well-composed photograph. A second socio-economic class to military position Industry in would be Descriptive because this photograph has a sealed sense of title that we corporationnot deny. A third home is instructive because the orbit depicts a certain age of time that signifi substructuret in the fib books. This era is the Industrial hop on in America. Explanatory photographs are intended to document a certain way of vivification.Charles Sellers Industry certainly earns a place in the history books not only because of this lance/symmetric sense of style shown in the image only it illustrates how the use of space or lack of can really accent the photograph as a whole and piddle away it aesthetically pleasing to the eye. On the same note, during this time great changes were occurring and manufacturing was well-heeled so kudos to the photographer, Charles Shelley, for not only capturing this in a documentary film form but composing a beautiful image as well.His work would be categorized in the era of Modernist picture taking because of his efforts in the asses and later. His work as well as depicts the great changes ND during that time and changes that the I ndustrial Age brought astir(predicate). You can see examples of this through his documentary photography of Henry Ford and his manufacturing lines. Artists involved in photographing dramatic engineering and urban landscapes can be grouped together as Protectionists. Protectionists pay special attention t geometrical structures and have a smooth handling of surfaces.They have unexpected viewpoints in the sense of angle and the way they crop their picture. Charles Demises idea of Cubism-geometric shapes and oerlap planeloads be found in this Protectionist form and style. Eve Seaman, Oranges, Manhattan 1978 Eve Seamans image can be depictive in regards to addressing what the world views are in this photographers eyes. A category that could be used for interpreting this photograph would be Descriptive because the p deviceicular style works, being a diptych, and allows views to compare and interpret the two photographs.A second category could be Aesthetic because superstarness fla vor at the photo and noting the color changes as far as blending goes on the persons face, the change in action of the fields in the photograph, and the existing perplexity f what is going on right-hand(a) now? in the photograph. I also appreciate the white line in the middle of the image as a whole making it a diptych. Today thither is less room between the two photos and I like the style of this one. Seamans image falls into the modernistic era due to the rhetorical properties as far as the alteration of the image and the comparison of each(prenominal) to each other.Eve Seamans success should never be discounted and embarking on these stylistic endeavors are value printing in the history books because of the way it was altered. Berne and Hill Becker, Winding Towers Berne and Hill Becker s Winding Towers is described to be art about art. Thomas Souths Museum Photographs is similar to the Beeches, as discussed in class. A category I would classify this piece of work would be Theoretical photography because you can Compare these Structures to social class and hierarchy because of the nature in which the tower itself is structured.It is also said that art about art is class as Theoretical. Another category would be Explanatory because the photograph explains in a scientific sense by capturing these photos over a design of years and in owing so the photographers have pissd a typology of form. thither is also a nice tonal range represented here so this image can also be categorized as stylistically sound or Descriptive because the piece works. The work can be classified as Modernist art since they create typologies of form that challenge the traditional meanings of art.Berne and Hill Becker have rightfully earned their place in the history books because of the typology documented and their technique of which to gather the information over time. All photographs are said to fit in the descriptive category, informative and heretical, as stated in the onse t of Terry Barrettes Criticizing Photographs, chapter 4. Since all photographs provide relatively accurate information of people, places and objects, they can technically fit in the descriptive category.Moreover, all photographs can fit in the interpretive category because most photographs interpret how the photographer interprets and sees the world. Finally all photographs are influenced by other art forms so these photographs can be placed in the theoretical category. Aaron Siskin, New York No. 6 Aaron Skins New York No. 6 is Aesthetically Evaluative cause the lines and shapes and ongoing symmetry work together to create on cohesive piece of art.This photograph looks similar to the one of Charles Sheller, Industry because has qualities of lines, shape and form and the importance of all of these aspects fitting into one aesthetically pleasing piece of work. Feel the category of Theoretical is a fit category because it plays with perceptions of art and how the photographer interpre ts art but also provokes the viewer to question how the art was created. The photograph looks more than like a something created with paint or Harold and less likely produced with film.Aaron Siskin, an Abstract Expressionist painter, accentuate experimentation and worked on color, multiple montages, and collages (Rosenberg 516). He was part of the post-war photograph trends in the United States. This group of artist espoused straight photography and therefore can be categorized in the Modernist era. Lynn Cohen, Corridor Lynn Cohen, Corridor can be classified as Aesthetically critical because you can see how the image was purposely shut in cropped. I think this image works and is no-hit.This image is also categorized as Descriptive cause of the artificial light and the detached distance from the composition matter pictured in the photograph. In looking at the crop of the image and how the image hold most of its weight on the right side of the photo, this image can be seen as Ae sthetically evaluative because the photo is a success artistically with composition and style. In tell this, believe that this photograph should remain in the history books because it gives viewers constructive cortical potential on the importance of composition and plasticity (or the absence of) in photographs.The era this type of art is seen in is the era of modernism and more pacifically, contemporary surrealism. Mary Ellen Mark, Tiny in her Halloween Costume Mary Ellen Mark, Tiny in her Halloween Costume can be classified as ethically Evaluative because it illustrates a certain time in this young girls life and how her life is affected by the neighborhood she cash in ones chipss in the peer force per unit rural area that surrounds her to fit in or not to fit in. This photograph can also be considered Interpretive because this category covers the directorial nature of the photographer with its subject matter.Mary Ellen Marks photograph can also be categorized as Explanatory because the image can be viewed as a sociological or anthropological perspective because it is a visual study of a Seattle area using a very documentary style of photography. This is a successful picture because it is aesthetically pleasing in that the photograph is very stylistic the picture is in black and white so it gives off a moody vibe. Mary Ellen Marks photograph should remain in the history books because it provides insight on how society was during this era and the poverty that some people had to live in.Streetwise was produced during the Modernist/Post-Modernist era because he portrait is untraditional in the Pictorial sense. In other words, its not meant to be smoothing to the eye or flattering but more of a documentary style picture. Personal Work As a photographer, I must also be able to rate and categorize my own work. Not only that but its important to bring out as to WHY we capture certain images. What is interesting about the pictures we create? If we cant ident ify with or answer these questions, why would someone else care about the work or find the photographs intriguing?

Mary Shelley – Cloning

In bloody shame Shelleys Frankenstein, the topic of clone and the moralistic issues relating to it become prevalent. First of on the whole, the peter in the novel was in nubble a world clone. The instrument was created by schoolmaster Frankenstein in guarantee to help generosity by searching of a way to preserve life and eliminate death. Ironically, skipper Frankenstein creates a being that takes life past making him, in a way, the real monster of the story. Mary Shelley explores the mind-set of society by portraying the way society treats a proceeds of scientific know leadge, much(prenominal) as the practice of human copy.Shelley depicts societys chemical reaction to the creature that passkey Frankenstein created as negative, and displays Victors reflections on the problems that his creature creates for him. Shelleys position on cloning is that the possible benefits atomic number 18 non reliable enough to overcome the bad and thus, making the practice of cloning ne gative. Mary Shelley begins her novel with a well-kn avouch quote from John Miltons Paradise Lost, Did I request thee, Maker, from my clay/ To mold me Man,/ did I exploit thee from darkness to promote me? This rhetorical question made by Adam, a creation of God, epitomize the creatures feelings toward his spring, Victor Frankenstein. The creature is comparing himself as to twain Adam and Lucifer, or Satan, as he is shunned and left in forsaking by his give creator, though he strives to be good. Because of the isolation and forlornness that the creature had to fix with, it caused him to turn evil and eventually, into a murderer. Eventually, it also led to Victor Frankensteins ruin in strive to rid humanity of the creature when ironically, was for humanity in the first place.This reveals mans attempt to play God, to create life from nothingness, can lead to horrible results. Mary Shelleys novel is also reference to as the Modern Prometheus. Similarly, Prometheus and Victor Fr ankenstein both attempted to create nighthing to benefit humanity however, their creations ended up harming themselves and this led to their own destruction. Prometheus stole fire for man, trespassing on divinity territory and resulted in having his liver eaten out every night for eternity. In comparison, Victor Frankenstein suffered from prolonged torture and guilt due to his creation murdering all of his loved ones.Both characters go too far and does not accept their own limitations. Similar to Prometheus, who was tied up to a rock, alone in the halfway of the sea, Frankenstein feels left out by society and cannot run away from his situation. Victor Frankensteins dream is to create a whole species that will hallow him, a species of wonderful, perfect beings A new species would bless me as its creator and source many happy and excellent natures would owe their being to me. In addition, it seems like Victor Frankenstein wanted to create the creature to praise him more than to i mprove and help human nature.Even though, while Frankenstein had a good pauperization when creating the creature, he failed to ask himself if the creature himself would want to be brought into the world. On the another(prenominal) hand, he refuses his responsibility and flees from the creature after bring it to life. He leaves the creature alone and does not understand the fact that he as the creator is a father and his responsible for his creation. Frankenstein does not enlighten the creature how to deal with the badness of society and how to treat other human beings.He does not teach the creature from right and wrong and should have accepted the creature as a human, not a ugly monster. Eventually, the creature is, in a sense, corrupted by society, while Frankenstein deserts him due to fear of the creature. Therefore, Victor Frankenstein can be portrayed as a monstrous sort of of the creature itself. Even at the end of the novel, he does not get word to accept his own failure of moral imaginations and dies without understanding the nature of his own guilt. Mary Shelleys Frankenstein is a great depiction of how science advancements, such as a the practice of human cloning, can go wrong.Even though Frankenstein is a fiction novel, contents contained in Frankenstein can well compare to the situations that we have in society today, especially in the field of science. Although some may say the practice of cloning could be used to rein about many genes that can cause possible diseases, improving the fiber of foods that we eat, and obviate the human aging process however, it is scientifically proven that 90% of cloning attempts fail to produce viable offspring, cloned beings tend to have lame immune functions, higher rates of infection, develop diseases, alter normal human lifespan, and more.Relating to Frankenstein, the novel displays how discrimination and tension would arise in the world if cloning were to take place. Human cloning would tear apart the w orld, and would result in to winning side, just one distraught world, similar to lives of people that were interpreted away by the creature in Frankenstein. Therefore, if Mary Shelley were to live in the present time, today, she would not approve of the scientific practice of cloning. The beneficial evidences that are believed in the practice of cloning can not overcome how smuggled the world would become if science were to take use of cloning.

Othello – Trust and Betrayal

English Assignment In this image, Othello and Desdemona are sharing a passionate moment of love later be re-united in Cyprus. some(prenominal) are w spindleing white garments a symbol of purity, and framed in a black background. Othellos white uniform contrasts with the colour of his strip down accentuating his smiling feature, strength and regal stature. In the turnedness behind them is the observance figure of Iago who is smirking. Othello calls her My souls joy which describes the depth of his love that Desdemona is inbuilt to his whole being.He adds If after every tempest comes such calms/ May the winds featherbed till they have wakened death. This ironic comment foreshadows the horrific quite a little that awaits them both. Desdemona replies The heavens forbid/ exactly that our loves and comforts should increase/ Even as our days do grow. This highlights her religious convictions and the sanctity of their union. This image explores the judgment that Othello feels infi nite love for Desdemona which later transforms into infinite rage and hatred through with(predicate) the jealousy created by the scheming Iago.Even at this moment, Iago is formulating his plan to convince Roderigo that Desdemona go forth soon Begin to heave the gorge, disrelish and abhor the Moor and therefore renounce the way open for Desdemona to take another lover. This is how he maintains Roderigos hopes for being with Desdemona and thus, can continue to trick Roderigo into handing him all of his money and jewels. Image of Kenneth Brannargh and Lawrence Fishberne *The inaugural image on the sheet but it would not copy crossways* This image explores the relationship between Othello and Iago.Iago is to the side of Othello whispering into his left ear (the sinnister side) and it looks as if Iago is the demon on Othellos shoulder. The lighting used has created a shadow over half of Othellos face. This shadow represents Othellos dark side which is revealed when he murders Desdem ona in act 5. His aggressive expression foreshadows glum events as he is hearing the news of Desdemonas infidelity. This image likewise represents Iagos manipulative character and through this, shows Othellos naivety.Iago has already verbalize his position as a destructive force for Othellos life. He has used animalistic and racist imagery to deter Brabantio from allowing the relationship to continue. He calls step up to Brabantio An old black ram is tupping your white ewe. This voices the patriarchys deep fear. Brabantio is a senator and thus represents hereditary class and business leader and the fact that his daughter has married a black man destroys his status and power in society. Iago is determined to utterly destroy Othello.He leaves Roderigo stating Though I do hate him as I do hell pains/ even for necessity of present life I must show out a flag and sign of love. Iago hates Othello and uses the promotion of Cassio as a justification for his implements. Iago builds u p the doubt in Othellos mind firstly by playing on Othellos status as an foreigner in Venetian society. He plans also to destroy Cassio at the same time In double knavery by suggesting That he (Cassio) is as well as familiar with his (Othellos) wife.Iago begins by giving Othello advice that he (Othello) is unfarmiliar with Venetian women and that it is viridity to have an affair. His next step is to plant the radical that Desdemona and Cassio are lovers. As Othello becomes weakened by Iagos innuendos, Iago becomes more specific in his proofs, blantantly cunning about Cassios behaviour. It would seem that success has been achieved when Othello no longer uses gossamer imagery to describe his inner state and like Iago, uses profane animalistic images to express his thoughts.After Iago has confronted Othello with the handkercheif, Othello says Now, by yond marble heaven, in due reverence of a sacred vow/ I here engage my words. This changes after Iago puts the idea of killing De sdemona into Othellos head by saying But let her live to which Othello replies Damn her, lewd minx . The key idea of the play is the tragic undermining of the heroic and princely Othello by the manipulation and action of evil represented by Iago.

The Life You Save May Be Your Own

Christina Sabillon Dr. Speller ENGL 2325 August 6, 2012 The Life You Save May Be Your receive The protagonist in The Life You Save May Be Your confess is Mr. Shiftlet. This reality encounters an older wo valet and her daughter both named Lucynell crater. Their first chat is very awkward, but the reader s tiptop interpret the characters. Mr. Shiftlet is a atomic number 53 armed opus who left home at a preteen age. Lucynell ( become) is an older widowed wo piece of music who is independent and protective of her daughter. The younger Lucynell (daughter) is a deaf girl with a mental handicap. She is intrigued by a creation seduceing around the house and follows him around all day.He seems to be a respectful man to these ladies, but he is in need of institution that there is some good in this world. Mr. Shiftlet could turn over used Mrs. volcanic craters cordial reception and marriage proposal as a accident for him to change his come inlook on the world, but he has alterna tive motives. He develops this surd misanthropic view of the world after he gifts his mother as a child, and he now has the chance to go up kindness and a new life with Mrs. Lucynell Craters offer. Mr. Shiftlet appears to be a good man at first glance. He looks to be an hvirtuosost noble nomad who does non have some(prenominal) m unitaryy, but does non seem to be the least(prenominal) afflicted by it.He is disenchanted by society and even says nothing is ilk it used to be, ladythe world is almost rotten (OConnor, pg 53). He makes the consultation believe that he is a decent man assay to find some good in this world. So, why would a man who is revolt by the personal manner people act, contribute to his theory instead of trying to make the world a better place? He makes pertain that the problem with the world is that no one takes the time to be unhurried and nobody railcares rough the issues, but thankfully he is not one of those people and he took the time to teach Miss Crater the member bird. He is a dishonest man.In reality, he is not the man that he is pretending to be. He is a deceitful individual who is taking expediency of their hospitality and kindness in establish to milk anything he can out of both Lucynells. Mr. Shiflet was tempted by the Ford vehicle in allege to deceive the mother and daughter. There are a couple of crosss that Mrs. Crater should have seen in order to discover the foreshadowing of her daughters abandonment. He was much to a greater extent(prenominal) than interested and curious by the car that before he introduced himself properly to the ladies he asked a question about the Ford. Whenever he finally does introduce himself he does it like this Name turkey cock T.Shiftlet, he murmured, looking at the tires (OConnor, pg 53). A real respectful somebody would have habituated them direct eye fulfil and shook their hand. He would not have murmured, but would have said it straight, with a strong voice, and seem interested. The one armed man works hard to crystallize Mrs. Craters hope. She allows him to fix a couple of things around the airscrew in order for him to sleep in the Ford outside. The nights he fagged sleeping in the car gave him time to plan how he was overtaking to get a way out of the life that he had been living, and how he was going to get away with the Ford.The work days would pass and she is more and more impressed by the way he is able to work with only one arm, and the attention that he gives to her sweet daughter. Mrs. Lucynell is blinded by all of this because she also had alternative motives for allowing Mr. Shiftlet to stay with them. She fateed to believe that he was a good man worthy enough to marry her daughter. She was more than go outing to allow him to work on things around the house in order for her to observe the relationship between her daughter and him. After she agrees to cin one casede for the parts needed to fix the car, Mrs. Crater is certain th at they should be unify.She is only unconcerned with the fact that he is most occupied with the car than anything else. Mr. Shiftlet was worthy suspicious of her intentions and found a way to manipulate the entire power is his head for his selfish benefit. Mr. Shiftlet has earned the older womans trust so well that she will offer him whatever in order for him to marry her daughter. He tells her that he cannot accept that offer because Miss Lucynell is ugly of the poor man that he is. He tells Mrs. Crater that he was not raised to believe that a man could support a family without any money.And that made him seem like an even nobler man to the older woman. She has to commute him that she does not know any better about these nice things that she deserves, and to top it all off she offers to pay for the wedding, honeymoon, and to pay for the truck to be painted. Upon consultation all of this the text readsIn the darkness, Mr. Shiftlets smile stretched like a weary snake waking up by a discount (OConnor, pg. 61). That is a clear physical indication that the demonic is coming out of the man. The grin on his face should have been a huge sign to the older woman, but she was extremely overjoyed about the deal she had average made.Mr. Shiftlet had the biggest opportunity to be relieve by grace. He had a spacious chance in front of him to be a hardworking man and a great husband for Lucynell. The reason he had not been married before was because of his argument that he had not found an innocent woman. Who is more innocent than the sweet daughter of Mrs. Crater? She knows about no evil in the world. She can clean, cook, be a good wife for Mr. Shiftlet, and she will inherit the house and the land when her mother passes. He had the perfect detail laid out in front of him so that he could brook a better life than he one he knew before.He is given the prospect to believe that the world is not rotten and he could be the start of change that he wants to see on thi s existence. His moral area should direct him to be a better person. He should not want to take advantage of a woman and her daughter after the hospitality and kindness they have shown him. But Mr. Shiftlet is too terrible a man that he will not let anyone get in the way of his true intentions and he does not care who he affects in the process. To leave your newlywed bride asleep in a strange town one hundred miles away from the only home she has ever known is hardhearted for even the worst of misfits to do.There is an indication of remorse of what he has done. The text states he is more depressed than ever as he drove on by himself (OConnor, pg. 64). But no, he is more depressed because he is alone once again. And because he is selfish and no longer wants to be alone, he picks up a hitch-hiker. The hitch-hiker is a young son who did not even have his thumb up for a ride, but Mr. Shiftlet picks him up anyways. The young boy is silent in the car and does not make eye contact with the man. He can see through Mr. Shiftlet and knows that he is a badly man.The boy does not care to hear about the mans mother and how she was the best mother anyone could ever have. He was so cater up with the mans conversation that he yells at Mr. Shiflet go to the devil (OConnor, pg. 66). Then he jumps out of the moving vehicle into a ditch. The man should have stopped to help the boy or at least been concerned with his safety. But no, Mr. Shiftlet is too evil of a man to be busy with no one but himself. Mr. Shiftlet is such a terrible person, he was too rotten to be saved by the grace of the Craters. He was given an opportunity to wash the slime from this earth (OConnor, pg 66).The very thing he prays for at the end of this short story. Yet, no, he is unaffected by the damage he has just done, and continues on his rambling life on to the next city. In the car he had to lie, cheat, and splay to get. It is not that God is not answering Mr. Shiftlets prayers for this world to be a better place, but it is Mr. Shiftlet who has been ignoring God and answering his chances to be saved by Him. Work Cited Document OConnor, Flannery. The Life You Save May Be Your Own. A Good Man Is Hard to Find. Orlando n. p. , 1955. 51-66. Print.

Cases on labor law Essay

In May 1994, ABS-CBN signed an Agreement with the Mel and Jay centering and Development Corporation. ABS-CBN was repres decisioned by its corporate stumbleicers while MJMDC was re bribeed by SONZA, as President and General double-decker, and Carmela Tiangco , as EVP and Treasurer. Referred to in the Agreement as AGENT, MJMDC concur to provide SONZAs receiptss exclusively to ABS-CBN as giving for radio and television. ABS-CBN agreed to open for SONZAs emolument a calendar calendar periodical talent fee of P310,000 for the for the first magazine family and P317,000 for the second and third year of the Agreement.ABS-CBN would open the talent fees on the 10th and 25th days of the month. On 30 April 1996, SONZA filed a rush against ABS-CBN forwards the De go againstment of force back and Employment, theme Capital Region in Quezon metropolis. SONZA complained that ABS-CBN did non pay his salaries, insularism pay, answer incentive leave pay, 13th month pay, signing bonus , travel tolerance and amounts collect fit chthonic the Employees Stock Option Plan (ESOP). On 10 July 1996, ABS-CBN filed a bm to Dismiss on the ground that no absorber-employee descent existed in the midst of the parties. issuing Whether or non on that point is employer-employee descent that existed amongst them,HELD Although Philippine grasp laws and jurisprudence define cl too soon the elements of an employer-employee birth, this is the first quantify that the Court will resolve the nature of the sexual kinship between a television and radio station and wiz of its talents. thither is no case law stating that a radio and television program forces is an employee of the broadcast station.Applying the train outpouring to the present case, we find that SONZA is non an employee plainly an unloosenlancer contr deportor. The ascertain test is the most important test our courts utilize in distinguishing an employee from an in helpless contractor.29 This test is b ased on the extent of control the political boss motions oer a want oner. The greater the lapse and control the hirer exercises, the more likely the puddleer is deemed an employee.The converse holds true as come up the less control the hirer exercises, the more likely the worker is considered an independent contractor. We find that ABS-CBN was non involved in the veridical performance that produced the consummate product of SONZAs work. ABS-CBN did non instruct SONZA how to perform his job. ABS-CBN merely silent the right to modify the program format and airtime schedule for more hard-hitting programming. ABS-CBNs sole concern was the quality of the tapers and their standing in the ratings. Clearly, ABS-CBN did non exercise control over the wets and methods of performance of SONZAs work. SONZA insists that the exclusivity article in the Agreement is the most extreme form of control which ABS-CBN exercised over him.This argument is futile. Being an exclusive talent d oes non by itself mean that SONZA is an employee of ABS-CBN. Even an independent contractor can validly provide his function exclusively to the hiring party. In the broadcast industry, exclusivity is non necessarily the equivalent as control.ADJUDICATION The supplicant is denied.CONSULTA vs CA field DigestG.R. no. 145443. marching music 18, 2005RAQUEL P. CONSULTA, supplicant, vs. cost OF APPEALS, PAMANA PHILIPPINES, INC., RAZUL Z. REQUESTO, and ALETA TOLENTINO, answerers.FACTS Consulta was Managing Associate of Pamana. On 1987 she was issued a certification authorizing her to negotiate for and in behalf of PAMANA with the conspiracy of Filipino Civilian Employees linkup. Consulta was able to secure an account with FFCEA in behalf of PAMANA. However, Consulta claimed that PAMANA did not pay her relegating for the PPCEA account and filed a burster for un gainful bribe or commission.ISSUE Whether or not Consulta was an employee of PAMANA.HELD The SC held that Pamana was an independent itemor and not an employee.The function of control in the four fold test is missing. The agency in which Consulta was to pursue her tasked activities was not subject to the controlof PAMANA. Consulta failed to depute that she worked definite hours. The amount of time, the methods and marrow, the concern and maintenance of her sales division were left(a) to her sound conceit.Finally, Pamana paid Consulta not for fag she performed but lonesome(prenominal) for the results of her fag. Without results, Consultas excavate was her own freight and loss. Her right to compensation, or to commission, depended on the literal results of her work whether she brought in paying recruits.The fact that the appointment indispensable Consulta to accost stock exclusively for Pamana did not mean Pamana exercised control over the center and methods of Consultas work as the term control is understood in labor jurisprudence. Neither did it make Consulta an employee of Pam ana. Pamana did not prohibit Consulta from engaging in every some different business organisation, or from beingness connected with any other lodge, for as long as the business or attach to did not compete with Pamanas business.The exclusivity clause was a caseable restriction to bar same acts pre juridical to Pamanas business care. Article 1306 of the Civil mandate provides that the contracting parties whitethorn establish much(prenominal) stipulation, clauses, terms and conditions as they may deem convenient, provided that they be not contrary to law, morals, good customs, open order, or earthly concern insurance policy.There being no employer-employee consanguinity between Pamana and Consulta, the crunch supreme authority and the NLRC had no legal bureau to entertain and rule on Consultas money claim. Consultas remedy is to file an ordinary civil put to shoemakers destination to litigate her claimPetition is push aside.ANGELINA FRANCISCO, Petitioner, vs. NATIONAL repulse relations COMMISSION, KASEI potORATION, SEIICHIRO TAKAHASHI, TIMOTEO ACEDO, DELFIN liza, IRENE BALLESTEROS, TRINIDAD LIZA and RAMON ESCUETA, Respondents. G.R. none 170087 r befied 31, 2006FIRST DIVISION. YNARES-SANTIAGO, J.In 1995, suitor was hired by Kasei Corporation during its in tidy sum stage. She was designated as Accountant and bodied Secretary and was assign to handle all the accounting needs of the caller-up. She was in like mien designated as tie-in incumbent to the City of Makati to secure business permits, construction permits and other licenses for the initial fulfil of the order. Although she was designated as Corporate Secretary, she was not entrusted with the corporate documents neither did she touch any board meeting nor implored to do so. She never prompt any legal document and never represented the conjunction as its Corporate Secretary.However, on some occasions, she was prevailed upon to sign documentation for the company. In 1996, requester was designated Acting Manager. As Acting Manager, suer was appoint to handle enlisting of all employees and perform management administration functions represent the company in all dealings with government agencies and to administer all other matters pertaining to the operation of Kasei Restaurant which is owned and operated by Kasei Corporation. For five years, requester performed the duties of Acting Manager and as of celestial latitude 31, 2000 her allowance was P27,500.00 plus P3,000.00. In January 2001, appealer was replaced by Liza R. Fuentes as Manager.Petitioner vatic that she was required to sign a spend a pennyd contract for her replacement but she was assured that she would good-tempered be connected with Kasei Corporation. There laterwards, Kasei Corporation reduced her salary by P2,500.00 a month beginning January up to September 2001 for a total reduction of P22,500.00 as of September 2001. Petitioner was not paid her mid-year bonus allegedl y be bowel movement the company was not earning well. On October 2001, suppliant did not typeset about her salary from the company.She do repeated follow-ups with the company cashier but she was advised that the company was not earning well. On October 15, 2001, petitioner asked for her salary but she was informed that she is no long connected with the company. On the other hand, the Private responders averred that petitioner is not an employee of Kasei Corporation. They alleged that petitioner was hired in 1995 as one of its technological consultants on accounting matters and act concurrently as Corporate Secretary.As technical consultant, petitioner performed her work at her own airiness without control and c ar of Kasei Corporation. Petitioner had no daily time record and she came to the office any time she wanted. She similarly did not go through the usual act of selection of employees. Also, the per countersignal responsives submitted a list of employees for the ye ars 1999 and 2000 duly sure by the BIR showing that petitioner was not among the employees account to the BIR. Issues(1) Whether at that place was an employer-employee race between petitioner and backstage state Kasei Corporation and if in the affirmative, (2) whether petitioner was ineligiblely reject. RulingYes. The court adopts a two-tiered test involving (1) the ac noesisd employers advocator to control the employee with respect to the means and methods by which the work is to be accomplished and (2) the underlying economic realities of the activity or relationship. Thus, there is no doubt that petitioner is an employee of Kasei Corporation be energise she was under the direct control and oversight of Seiji Kamura, the crappers Technical Consultant.She describe for work regularly and served in dissimilar capacities as Accountant, Liaison Officer, Technical Consultant, Acting Manager and Corporate Secretary, with substantially the same job functions, that is, rend ering accounting and tax services to the company and do functions necessary and desirable for the proper operation of the sens such as securing business permits and other licenses over an indefinite tip of amour. She was selected and set-aside(p) by the company for compensation, and is economically dependent upon answerer for her move consumption in that line of business. Respondent corporation hired and engaged petitioner for compensation, with the cater to dismiss her for cause.More importantly, responsive corporation had the power to control petitioner with the means and methods by which the work is to be accomplished. The corporation constructively disregard petitioner when it reduced her salary by P2,500 a month from January to September 2001. This amounts to an culpable termination of craft, where the petitioner is entitle to broad(a) back contend.Thus this petition is GRANTED and is REMANDED to the repel Arbiter for the recomputation of petitioner Angelina Franc iscos full backwages from the time she was illegally terminated until the date of finality of this ending, and separation pay representing one-half month pay for every year of service, where a fr transaction of at least half-dozen months shall be considered as one whole year. ANGEL JARDIN, DEMETRIO CALAGOS, URBANO MARCOS, ROSENDO MARCOS, LUIS DE LOS ANGELES, JOEL ORDENIZA and AMADO CENTENO, petitioners, vs. NATIONAL drudge RELATIONS COMMISSION (NLRC) and GOODMAN literary hack (PHILJAMA INTERNATIONAL, INC.) responders. G.R. no. 119268. February 23, 2000SECOND DIVISION. QUISUMBING, J.FactsPetitioners were drivers of mysterious respondent, Philjama International Inc., a domestic corporation engaged in the operation of Goodman Taxi. Petitioners used to drive orphic respondents taxicabs every other day on a 24-hour work schedule under the boundary system.Under this arrangement, the petitioners earned an average of P400.00 daily. Nevertheless, secret respondent admittedly regula rly deducts from petitioners, daily earnings the amount of P30.00 supposedly for the washing of the taxi units. Believing that the deduction is illegal, petitioners fixed to form a labor union to protect their rights and interests.Upon learning about the plan of petitioners, private respondent refused to let petitioners drive their taxicabs when they reported for work on stately 6, 1991, and on succeeding days. Petitioners suspected that they were singled out because they were the leaders and active members of the proposed union. Aggrieved, petitioners filed with the labor arbiter a complaint against private respondent for unfair labor practice, illegal chemise and illegal deduction of washing fees. In a decision, go out August 31, 1992, the labor arbiter fired state complaint for lack of merit. On appeal, the NLRC ( general respondent herein), in a decision dated April 28, 1994, reversed and set aside the image of the labor arbiter.The labor judiciary decl ard that petition ers are employees of private respondent, and, as such, their dismissal essential be for solely cause and after due process. Private respondents first move for rethink was denied. Remaining hopeful, private respondent filed other motion for reconsideration. This time, usual respondent, in its decision dated October 28, 1994, granted afore say(prenominal) second motion for reconsideration. It ruled that it lacks legal power over the case as petitioners and private respondent crap no employer-employee relationship. IssueWas there a grave abuse of free will amounting to lack or dissipation of jurisdiction?Was there an employer-employee relationship?RulingYes. The phrase grave abuse of discretion amounting to lack or excess of jurisdiction means such flaky and whimsical exercise of judgment by the tribunal exercising judicial or quasi-judicial power as to amount to lack of power. In this case, private respondent exhausted administrative remedy available to it by pursuance recon sideration of public respondents decision dated April 28, 1994, which public respondent denied. Thus, when private respondent filed a second motion for reconsideration, public respondent should have forthwith denied it in accordance with principle 7, arm 14 of its New Rules of Procedure which allows but one motion for reconsideration from the same party.The rationale for allowing only one motion for reconsideration from the same party is to assist the parties in obtaining an expeditious and inexpensive settlement of labor cases. For obvious reasons, delays cannot be countenanced in the resolution of labor disputes. The dispute may involve no less than the livelihood of an employee and that of his spangd ones who are dependent upon him for food, shelter, clothing, medicine, and education. It may as well involve the survival of a business or an industry.The second motion for reconsideration filed by private respondent is indubitably a prohibited pleading which should have not been complaisantise at all. Thus, the public respondent gravely abused its discretion in taking cognizance and granting private respondents second motion for reconsideration as it wrecks the orderly procedure in seeking reliefs in labor cases. Yes besides for the second issue. Under the boundary system which is find in the relationship of the petitioners and the private respondent, it is that of employer-employee and not of lessor-lessee. In the case of jeepney proprietors/operators and jeepney drivers, the creator exercise supervision and control over the latter.The management of the business is in the owners hands. The owner as holder of the certificate of public convenience must see to it that the driver follows the route prescribed by the franchising authority and the rules promulgated as regards its operation. no., the fact that the drivers do not receive fixed wages but get only that in excess of the so-called boundary they pay to the owner/operator is not commensurate to w ithdraw the relationship between them from that of employer and employee.Thus, the employees of private respondent, can be dismissed only for just and veritable cause, and after affording them encounter and hearing prior to termination. In the trice case, private respondent had no valid cause to terminate the employment of petitioners. Neither were there two (2) written notices sent by private respondent informing each of the petitioners that they had been dismissed from work. Thereby, instant petition is GRANTED. Private respondent is directed to reinstate petitioners to their blank spaces held at the time of the complained dismissal. Private respondent is likewise ordered to pay petitioners their full backwages, to be computed from the date of dismissal until their actual reinstatement.However, the order of public respondent that petitioners be reimbursed the amount paid as washing charges is deleted.G.R. no 121605. February 2, 2000PAZ MARTIN JO and CESAR JO, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION and PETER MEJILA, respondents. QUISUMBING, J.FACTSPrivate respondent Peter Mejila worked as groom on a piece rate primer coat at Dinas Barber Shop. The owners and the barbers shared in the earnings of the barber shop. In 1977, petitioners designated private respondent as caretaker of the shop.In November 1992, private respondent had an fracas with his co-barber, Jorge Tinoy. The bickerings, characterized by constant exchange of personal insults during working hours, became in force(p) so that private respondent reported the matter to Atty. Allan Macaraya of the labor department. Meanwhile, private respondent move reporting for work at the barbershop. But, on January 2, 1993, he off over the duplicate keys of the shop to the cashier and took a air all his retention therefrom.On January 8, 1993, he began working as a regular barber at the newly opened Goldilocks Barbershop also in Iligan City. On January 12, 1993, private respondent filed a complaint for illegal dismissal with solicitation for payment of separation pay, other monetary gain grounds, attorneys fees and damages. Significantly, the complaint did not seek reinstatement as a positive relief. ISSUESIs there an employer-employee relationship between petitioners and private respondent? Was the private respondent dismissed from his employment?HELDYES. In determining the existence of an employer-employee relationship, the following elements are considered (1) the selection and engagement of the workers (2) power of dismissal (3) the payment of wages by some(prenominal) means and (4) the power to control the workers conduct, with the latter assuming primacy in the overall consideration. Absent a clear showing that petitioners and private respondent had intended to pursue a relationship of industrial partnership, we entertain no doubt that private respondent was utilise by petitioners as caretaker-barber.No. The labor arbiter was convinced that private respo ndent was not dismissed but left his work on his own volition because he could no longer bear the incessant squabbles with his co-worker. Nevertheless, public respondent did not pass by credence to petitioners claim that private respondent abanthroughd his job. On this score, public respondent gravely erred as hereunder discussed.JPL MARKETING PROMOTIONS v. beg OF APPEALSG.R. No. 151966 July 8, 2005FACTS JPL merchandise and Promotions is a domestic corporation engaged in the business of recruitment and placement of workers. On the other hand, private respondents Noel Gonzales, Ramon Abesa ternary and Faustino Aninipot were employed by JPL as merchandisers on separate dates and assigned at different foundings in Naga City and Daet, Camarines Norte as dishants to the display of California Marketing Corporation , one of petitioners clients.On 13 August 1996, JPL notified private respondents that CMC would stop its direct merchandising activity in the Bicol Region, Isabela, and Ca gayan vale telling 15 August 1996. they were advised to cargo world for further notice as they would be transferred to other clients. However, on 17 October 1996, private respondents Abesa and Gonzales filed before the topic ride Relations Commission Regional Arbitration break up (NLRC) Sub V complaints for illegal dismissal, praying for separation pay, 13th month pay, service incentive leave pay and payment for moral damages. Aninipot filed a similar case thereafter.Executive Labor Arbiter Gelacio L. Rivera, Jr. dismissed the complaints for lack of merit. The Labor Arbiter found that Gonzales and Abesa applied with and were employed by the inventory where they were originally assigned by JPL even before the lapse of the six (6)-month period stipulation over by law to JPL to provide private respondents a new assignment. Thus, they may be considered to have unilaterally severed their relation with JPL, and cannot charge JPL with illegal dismissal. The Labor Arbiter held that it was incumbent upon private respondents to waitress until they were reassigned by JPL, and if after six months they were not reassigned, they can file an action for separation pay but not for illegal dismissal.The claims for 13th month pay and service incentive leave pay was also denied since private respondents were paid way above the applicable minimum wage during their employment.NLRC. agreed with the Labor Arbiters finding that when private respondents filed their complaints, the six-month period had not yet expired, and that CMCs decision to stop its operations in the areas was beyond the control of JPL, thus, they were not illegally dismissed. However, it found that despite JPLs try to look for clients to which private respondents may be reassigned it was unable to do so, and consequently they are entitled to separation pay.The Court of Appeals dismissed the petition and confirm in toto the NLRC resolution. temporary hookup conceding that there was no illegal dismissal, it reassert the award of separation pay on the grounds of equity and social justice.ISSUE Whether or not the respondents are entitled to separation pay?HELD Under Arts. 283 and 284 of the Labor mandate, separation pay is authorizedonly in cases of dismissals due to any of these reasons (a) installation of labor saving devices (b) redundancy (c) curtailment (d) cessation of the employers business and (e) when the employee is suffering from a disease and his continued employment is prohibited by law or is prejudicial to his health and to the health of his co-employees.However, separation pay shall be allowed as a banknote of social justice in those cases where the employee is validly dismissed for causes other than serious misconduct or those reflecting on his moral character, but only when he was illegally dismissed.In addition, Sec. 4(b), Rule I, Book VI of the Implementing Rules to Implement the Labor Code provides for the payment of separation pay to an employee entitled to re instatement but the establishment where he is to be rein give tongue to has c ached or has ceased operations or his present set no longer exists at the time of reinstatement for reasons not attributable to the employer.The common denominator of the instances where payment of separation pay is excuseed is that the employee was dismissed by the employer. In the instant case, there was no dismissal to speak of. Private respondents were but not dismissed at all, whether legally or illegally. What they current from JPL was not a notice of termination of employment, but a memo informing them of the termination of CMCs contract with JPL. More importantly, they were advised that they were to be reassigned. At that time, there was no severance of employment to speak of.Furthermore, Art. 286 of the Labor Code allows the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, wherein an employee/employees are placed on the so-called fl oating status. When that floating status of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation, and this would apply to suspension either of the entire business or of a specific component thereof.As clearly borne out by the records of this case, private respondents sought employment from other establishments even before the resultant of the six (6)-month period provided by law. As they admitted in their comment, all trey of them applied for and were employed by other establishment after they received the notice from JPL. JPL did not terminate their employment they themselves severed their relations with JPL. Thus, they are not entitled to separation pay.Nonetheless, JPL cannot escape the payment of 13th month pay and service incentive leave pay to private respondents. give tongue to benefits are mandated by law and should be given to employees as a matter of right.HYDRO RESOURCES CONTRACTORS CORPORATION, petitioner,vs.LABOR ARBITER ADRIAN N. PAGALILAUAN and the NATIONAL LABOR RELATIONS COMMISSION, public respondents, and ROGELIO A. ABAN, private respondent G.R. No. L-62909 April 18, 1989Petitioner corporation hired the private respondent Aban as its Legal Assistant and received basic monthly salary of P 1,500.00 plus an initial living allowance of P 50.00 which gradually increased to P 320.00. On September 4, 1980, Aban received a letter from the corporation informing him that he would be considered terminated effective October 4, 1980 because of his alleged failure to perform his duties well. Aban filed a complaint against the petitioner for illegal dismissal. The labor arbiter ruled that Aban was illegally dismissed.This ruling was affirmed by the NLRC on appeal. so, this present petition. ISSUE Whether or not there was an employer-employee relationship between the petitioner Corporation and Aban. HELD The sovereign Cou rt dismissed the petition for lack of merit, and reinstate Aban to his condition or a similar sic without loss of seniority rights and to pay three (3) years back wages without qualification or deduction and P5,000.00 in attorneys fees. Should reinstatement not be feasible, the petitioner shall pay the private respondent termination benefits in addition to the above stated three years back pay and P5,000.00 attorneys fees. A lawyer, like any other professional, may very well be an employee of a private corporation or even of the government.This Court has consistently ruled that the determination of whether or not there is an employer-employee relation depends upon four standards (1) the manner of selection and engagement of the putative employee (2) the mode of payment of wages (3) the presence or absence seizure of a power of dismissal and (4) the presence or absence of a power to control the putative employees conduct.Of the four, the right-of-control test has been held to be th e crucial operator. In this case, Aban received basic salary plus living allowance, worked solely for the petitioner, dealt only with legal matters involving the utter corporation and its employees and also assisted the staff office Officer in processing appointment papers of employees which is not act of a lawyer in the exercise of his profession. These facts showed that petitioner has the power to hire and cease the respondent employee and more important, exercised control over Aban by defining the duties and functions of his work which met the four standards in determining whether or not there is an employee-employer relationship.Duncan Association of Detailman-PTGWO v. Glaxo WellcomePhilippines G.R. No. 162994September 17, 20004Tinga, J.FACTSGlaxo Wellcome Philippines Inc. hired Pedro A. Tecson as medical representative on October 24, 1995. In Tecsons contract of employment, it was stipulated, among others, that he agrees to study and abide by existing company rules to disc lose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies and should management find that such relationship poses a executable conflict of interest, to quit from the company. Glaxos Employee Code of Conduct also contains nutrition to the same effect. Said contract was signed by Tecson and hence commenced his employ with the company. He was assigned to cover the Camarines Sur-Camarines Nortesales area.Tecson met Bettsy, a branch coordinator of Astra Pharma, a challenger of Glaxo. As fate would have it, they eventually fell in love and got married in September 1998. Tecsons superiors were worried since the marriage gave rotate to a conflict of interest and hence, gave him the option to choose whether to stay with the company and let his wife resign from her job or Tecson himself will resign so that his wife may continue working with her company.Tecson never do a decision hence Glaxo moved to tra nsfer Tecson to the Butuan-Surigao-Agusan del Sur sales area considering that he was from said area. But then, Tecson brought the matter to Glaxos injustice Committee. During the pendency of the grievance proceedings, Tecson was paid his salary. However, he was not issued samples of products which were competing with similar products manufactured by Astra. They failed to resolve the conflict hence they submitted the matter for voluntary arbitration.The company offered Tecson a separation pay of one-half month pay for every year of service, but he declined the offer. The subject area Conciliation and Mediation Board decided in favor of Glaxo. The Board declared Glaxos policy on relationships between its employees and person employed with competitor companies as valid, and affirmed Glaxos right to transfer Tecson to another sales territory. Upon appeal, the Cour of Appeal affirmed the NCMB decision. It cogitate that the companys policy is a valid exercise of its management prerogat ives. Tecson filed for reconsideration but was denied hence the case was brought to the Supreme Court.ISSUES1. Whether the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company valid? 2. Whether said policy violates the equal protection clause of the reputation? 3. Whether Tecson was constructively dismissed?RULING1. Yes. Glaxo has a right to guard its secrets, manufacturing formula, marketing strategies and other underground programs and information from competitors, e limitedly so that it and Astra are rival companies in the super competitive pharmaceutical industry. The said prohibition only aims to protect its interests against the accident that a competitor company will gain access to its secrets and procedures.No. the policy does not violate the equal protection clause of the Constitution. Glaxo does not impose an absolute prohibition against relationships between its employees and those of competitor companies. It i s not a policy against marriage. An employee can still marry anyone of his/her own choosing. However, the company still has the right from exercising management prerogatives to ensure maximum profit and business success. It was also stressed that Tecson was aware of the restriction when he signed his employment contract and when he married Betssy. Hence, he is stopped from questioning said policy. 3. No. the Supreme Court ruled that Tecsons reassignment to another area was not equivalent to his employment termination.Tecson was not demoted nor unduly discriminated upon by reason of such transfer. It must be noted that Glaxo even considered the welfare of Tecsons family. The reassignment was merely on keeping with the policy of the company in escape of conflict of interest, and thus valid.ANDRES VILLAVILLA and ESTER GADIENTE VILLAVILLA v. COURT OF APPEALS, SOCIAL security department COMMISSION, REYNALDO MERCADO, and MARCELO COSUCO, respondents, SOCIAL SECURITY SYSTEM G.R. No. 79664 August 11, 1992BELLOSILLO, J.FACTSReynaldo Mercado owned the fishing gravy boat F/B Saint Theresa. On September 11, 1877, said boat sank off Isla Binatikan, Taytay, Palawan. One of the casualties in said misfortune was Arturo Villavilla, son of petitioners. He was employed as tripulante (crew member). The parents of Arturo filed a petition with the Social bail Commission against Reynaldo Mercado for death compensation benefits of Arturo whom Reynaldo failed to register as their employee.The Social Security remains (SSS) filed a petition in intervention alleging that petitioners must go up that Arturo was an employee of Reynaldo. If said employment was proven, then Reynaldo should be held liable in damages equivalent to the benefits due the petitioners for failure to report Arturo for coverage pursuant to Sec. 24 (a) of the Social Security Act, as amended. 6On November 28, 1984, respondent Social Security Commission issued an Order dismissing the petition for lack of cause of a ction. 9 The parents of Arturo then brought their case to the Court of Appeals. On appeal, the CA affirmed the questioned Order of the Social Security Commission there being no reversible error. Hence, they elevated their case to the Supreme Court. ISSUES1. Whether there was an employer employee relationship between Arturo Villavilla and Reynaldo Mercado? 2. Whether Reynaldo Mercado is liable for death compensation benefits of Arturo Villavilla? 3. Whether there was a violation of the Social Security Act, as amended ,by Reynaldo Mercado for not registering Arturo Villavilla with the System as his employee as mandated by law.RULING1) None. The arrangement between the boat owner and the crewmembers partook of the nature of a joint venture. The fundamental bases for the existence of an employer employee relationship were not present. a) Reynaldo Mercado had no connection with the selection and engagement of Arturo. The boat owner did not hire them but they simply joined the fishing despatch upon invitation of the ship master, even without the knowledge of the boat owner. b) Reynaldo likewise exercised no power of dismissal over Arturo c) There was no such uniform salary involved.The crew members did not receive fixed compensation as they only shared in their catch. d) Reynaldo had no power of control or had reserved the right to control as to the result of the work to be done as well as the means and methods by which the same is to be accomplished. They ventured to the sea irrespective of the instructions of the boat owner. Upon their own best judgment as to when, how long, and where to go fishing. 2) No. Since there was no employer employee relationship, then Mercado is not obliged to remit any employers contributions to the SSS accounts of said fishermen. Hence they cannot compel him to pay for any death compensation benefits. 3) None. Since it is impossible to form the monthly wage or earning of the fishermen for the purpose of fixing the amount of their and the supposed employers contributions, there is every reason to exempt the parties to this kind of undertaking from compulsory registration with the Social Security System.*** the Supreme Court statedFor, we are not unaware that in this jurisdiction all doubts in the implementation and interpretation of provisions of social legislations should be resolved in favor of the working class. But, alas, justice is not fully served by sustaining the rivalry of the poor simply because he is poor. Justice is done by justly applying the law regardless of the station in life of the contending parties.NATIONAL attend to CORPORATION (NASECO) AND ARTURO L. PEREZ, petitioners, vs.THE HONORABLE THIRD DIVISION, NATIONAL LABOR RELATIONS COMMISSION, MINISTRY OF LABOR AND EMPLOYMENT, MANILA AND EUGENIA C. CREDO, respondents. G.R. No. L-69870 November 29, 1988EUGENIA C. CREDO, petitioner,vs.NATIONAL LABOR RELATIONS COMMISSION, NATIONAL SERVICES CORPORATION AND ARTURO L. PEREZ, respondents. G.R. No . 70295 November 29,1988PONENTE Padilla, J.FACTSgenus Eugenia Credo was an employee of the theme Service Corporation. She was terminated from office for the commission of offenses against company policies, public moral, and authority. A particular situation asserted by NASECO was Credos non-compliance with another NASECO officers memorandum regarding the intro procedures in the companys Statement of Billings Adjustment. This was in lieu with the findings of NASECOs Committee on Personnel Affairs.Both parties appealed to respondent National Labor Relations Commission (NLRC) which, on 28 November 1984, rendered a decision 1) directing NASECO to reinstate Credo to her former position, or substantially equivalent position, with six (6) months backwages and without loss of seniority rights and other privileges appertaining thereto, and 2) dismissing Credos claim for attorneys fees, moral and monitory damages. As a consequence, both parties filed their respective motions for reconsidera tion, which the NLRC denied in a resolution of 16 January 1985.In the case at bar, the court found that NASECO did not comply with these guidelines in effecting Credos dismissal. Although she was apprised and given the chance to condone her side of the charges filed against her, this chance was given so perfunctorily, thus rendering illusory Credos right to security of tenure. That Credo was not given ample opportunity to be heard and to defend herself is evident from the fact that the compliance with the injunction to apprise her of the charges filed against her and to afford her a chance to prepare for her defense was dispensed in only a day.This is not effective compliance with the legal requirements. Furth, Credos mere non-compliance with Lorens memorandum regarding the entry procedures in the companys Statement of Billings Adjustment did not warrant the severe penalty of dismissalNLRC ruled ordering her reinstatement. NASECO argues that NLRC has no jurisdiction to order her re instatement. NASECO as a government corporation by faithfulness of its being a subsidiary of the NIDC, which is wholly owned by the Phil. National Bank which is in turn a GOCC, the terms and conditions of employment of its employees are governed by the Civil Service Law citing National Housing v Juco. ISSUE Whether or not employees of NASECO, a GOCC without original charter, are governed by the Civil Service Law. HELD NO.The holding in NHC v Juco should not be given retroactive effect, that is to cases that arose before its promulgation of January 17, 1985. To do other than would be oppressive to Credo and other employees similarly situated because under the 1973 Constitution prior to the ruling in NHC v Juco, this court recognised the applicability of the Labor jurisdiction over disputes involving terms and conditions of employment in GOCCs, among them NASECO. In the matter of coverage by the civil service of GOCC, the 1987 Constitution starkly differs from the 1973 Constitution where NHC v Juco was based.It provides that the civil service embraces all branches, subdivisions, instrumentalities, and agencies of the presidency including government owned or controlled corporation with original charter. Therefore by clear implication, the civil service does not include GOCC which are organized as subsidiaries of GOCC under the general corporation law.ADJUDICATION WHEREFORE, in view of the foregoing, the challenged decision of the NLRC is AFFIRMED with modifications. Petitioners in G.R. No. 69870, who are the private respondents in G.R. No. 70295, are ordered to 1) reinstate Eugenia C. Credo to her former position at the time of her termination, or if such reinstatement is not possible, to place her in a substantially equivalent position, with three (3) years backwages, from 1 December 1983, without qualification or deduction, and without loss of seniority rights and other privileges appertaining thereto, and 2) pay Eugenia C. Credo P5,000.00 for moral damages and P5,000.00 for attorneys fees.G.R. No. 78090 July 26, 1991 peace-loving MILLS, INC., petitioner,vs.ZENAIDA ALONZO, respondent.FactsFrom July 30, 1973, Zenaida Alonzo was employed as a ring frame operator in the Pacific Mills, Inc. until September 30, 1982 when she was discharged by Management. The record shows that in the early afternoon of September 22, 1982, Zenaida challenged Company Inspector Ernesto Tamondong to a fight, saying Putang Ina mo, lumabas ka, tarantado, kalalaki mong tao, duwag ka . .Ipagugulpi kita sa labas at kaya kitang ipakaladkad dito sa loob ng compound palabas ng gate sa mga kamag-anak ko. And suiting action to the word, she thereupon boxed in(p) Tamondong in the stomach.The motive for the outrage was Zenaidas resentment at having been reprimanded, together with other employees, two days earlier by Tamondong for wasting time by engaging in Idle chatter. 1 Tamondong forthwith reported the incident to the firms Administrative Manager 2 as well as the Cha irman of Barangay Balombato, Quezon City. 3 On September 30, 1982, Zenaida Alonzo was given a Memorandum by the companys Executive valetudinarianism President & General Manager terminating her employment as of October 1, 1982 on various grounds poor work, habitual absences and tardiness, wasting time, insubordination and gross disrespect. The service of that memorandum of dismissal on her was not preceded by any complaint, hearing or other formality.These were apparently considered unnecessary by Management 4 in view of the provision in the Company Rules and Regulations (embodied in the incorporated Bargaining Agreement between the company and the union representing the employees) that Fighting or attempting to inflict harm to another employee, will render (sic) the aggressor to straight off dismissal. It was only at the hearing of the complaint for illegal dismissal (and non-payment of relative 13th month pay) instituted by Zenaida on October 4, 1982 in the NCR Arbitration Bran ch, that enjoin was presented by the company not only of the assault by Zenaida on her superior but also of many other violations by her of company rules and regulations, in an attempt to substantiate the validity of her dismissal from work. The LaborArbiter found that Alonzo had indeed verbally abused and shand truck her superior, Tamondong, and rejected her inclination that the assault was not punishable since it was not work-connected and was provoked/instigated by Ernesto Tamondong. 5 The Arbiter also declared as fully established the antecedent infractions of complainant, these being a matter of record and not denied by complainant (Zenaida). The Arbiter was of the view, however, that Alonzo was entitled to relief, because (a) the penalty imposed was harsh and severe and not commensurate with the offense, . . . suspension of three (3) months . . (being) the proper, just and reasonable penalty . . . and because (b) the company had failed to investigate complainant before she was dismissed.Acting on the employers appeal, the National Labor Relations Commission rendered judgment on March 23, 1987, sustaining the Labor Arbiters findings Pacific Mills Inc. has instituted in this Court the special civil action of certiorari at bar praying for nullification of the judgment of the NLRC for having been rendered with grave abuse of discretion.In the comment thereon, 7 required of him by the Court, the pollster General opined that . . . both the Labor Arbiter and the NLRC apparently failed to take into consideration the fact that Zenaida Alonzo was dismissed not because of this isolated act (of assault against her superior) but rather because of numerous and repeated violations of company rules and regulations. It was only this last incident which compelled Pacific Mills, Inc. to finally terminate her services. It is the totality of the infractions committed by the employee which should have been considered in determining whether or not there is just cause for her dismissal. Issue whether or not there is just cause for her dismissalHeldDecisive of this controversy is the judgment of the Court en banc in Wenphil Corporation v. NLRC, promulgated on February 8, 1989, 10 in which the following policy pronouncements were made Thus in the present case, where the private respondent, who appears to be of rampageous temper, caused trouble during office hours and even defied his superiors as they essay to pacify him, should not be rewarded with reemployment and back wages. It may encourage him to do even worse and will render a mockery of the rules of discipline that employees are required to observe.Under the circumstances, the dismissal of the private respondent for just cause should be maintained. He has no right to return to his former employer.However, the petitioner (employer) must nevertheless be held to account for failure to extend to private respondent his right to an investigation before causing his dismissal. The rule is explicit as above discussed. The dismissal of an employee must be for just or authorized cause and after due process (Section 1, Rule XIV, Implementing Regulations of the Labor Code). date it is true that Pacific Mills, Inc. had not complied with the requirements of due process prior to removing Zenaida Alonzo from employment, it is also true that subsequently, in the proceedings before the Labor Arbiter in which Zenaida Alonzo had of course taken active part, it had succeeded in satisfactorily proving the commission by Zenaida of many violations of company rules and regulations justifying termination of her employment.Under the circumstances, it is clear that, as the Solicitor General has pointed out, the continuance in the service of the latter is patently hostile to her employers interests and that, citing San Miguel Corporation v. NLRC, 11 the law, in protecting the rights of the laborer authorizes neither oppression nor self-destruction of the employer. And it was oppressive and unjust in the premises to require reinstatement of the employee. WHEREFORE, the petition is granted and the challenged decision of the respondent Commission dated March 23, 1987 and that of the Labor Arbiter thereby affirmed, are NULLIFIED AND SET ASIDE. However, the petitioner is ordered to pay private respondent a proportionate part of the 13th month pay due her, amounting to P351.00 as well as to indemnify her in the sum of P1,000.00. No costs.ABANTE v. LAMADRID BEARING & PARTS CORPEMPERMACO B. ABANTE, JR., petitioner, vs. LAMADRID BEARING & PARTS CORP. and JOSE LAMADRID, President, respondents. G.R. No. 159890 May 28, 2004FACTS Petitioner was a salesman of respondent company earning a commission of 3% of the total paid up sales covering the whole area of Mindanao. Aside from selling, he was also tasked with collection. Respondent corporation through its president, often required Abante to report to a particular area and occasionally required him to go to Manila to attend conferences.Late r on, shitty blood ensued between the parties due to some bad accounts that Lamadrid forced petitioner to cover. Later petitioner found out that respondent had informed his customers not to deal with petitioner since it no longer recognized him as a commission salesman. Petitioner filed a complaint for illegal dismissal with money claims against respondent company and its president, Jose Lamadrid.By way of defense, respondents countered that petitioner was not its employee but a freelance salesman on commission basis.ISSUE Whether or not petitioner, as a commission salesman, is an employee of respondent corporation.HELD To tick off the existence of an employee-employer relationship, the SC applied the four fold test 1) the manner of selection and engagement (2) the payment of wages (3) the presence or absence of the power of dismissal and (4) the presence or absence of the power of control.Applying the aforesaid(prenominal) test, an employer-employee relationship is notably absent in this case. It is true that he was paid in commission yet no quota was imposed therefore a dismal performance would not warrant a ground for dismissal. There was no specific office hours he was required to observe. He was not designated to conduct services at a particular area or time. He pursued his selling without interference or supervision from the company. The company did not prescribe the manner of selling merchandise. While he was sometimes required to report to Manila, these were only intended to guide him. Moreover, petitioner was free to offer his services to other companies.Art. 280 is not a crucial factor because it only determines two kinds of employees. It doent apply where there is no employer-employee relationship. While the term commission under Article 96 of the LC was construed as being included in the term wage, there is no plane pronouncement that the payment of commission is conclusive proof of the existence of an employee-employer relationship.R TRANSPORT CORPORATION v ROGELIO EJANDRAG.R. No. 148508 May 20, 2004CORONA, J.FactsRogelio Ejandra worked as a bus driver of R point Corporation and was paid on a 10% commission basis. He informed R Transports general manager that his license was confiscated after he was savvy for a traffic violation. The manager gave him money to redeem his license. Ejandra went to the LTO office day-by-day but it was only after a week that he was able to get back his license. When he reported back to work, the manager told him to wait until his services were needed again. When asked how long he had to rest, the manager did not give a definite time. Considering himself dismissed, Ejandra filed a complaint for illegal dismissal against R Transport.R Transport denied Ejandras allegations and claimed that he abandoned his job that he lied about his license being confiscated and that he was not an employee because theirs was a contract of lease and not of employment, being paid on commission basis.The labor ar biter rendered his decision in favor of Ejandra, finding his dismissal to be without just cause and ORDERING R-Transport to REINSTATE himto his former position without loss of seniority and other benefits and to pay him backwages from the time of his dismissal until actual reinstatement. The NLRC affirmed this decision. R Transport filed in the Court of Appeals a petition for certiorari on the ground that the NLRC committed grave abuse of discretion in affirming the decision of the labor arbiter. The CA denied the petition.Issues1. Did Ejandra abandon his job?2. Is there an employer-employee relationship between R Transport and Ejandra? 3. Was private respondent dismissed for just cause?Ruling1. No. R Transport failed to prove the requisites constituting abandonment. Ejandras absence was justified because the LTO did not release his license until after a week. He never intended to sever his employment as he reported for work as soon as he got his license back. If he abandoned his wo rk, R Transport should have reported such fact to the nearest Regional Office of the Department of Labor and Employment in accordance with Section 7, Rule XXIII, Book V of Department Order No. 9, series of 1997.2. Yes. R Transport invoked the Supreme Courts rulings on the right of an employer to dismiss an employee. By adopting said rulings, R Transport impliedly admitted that it was the employer of Ejandra. The fact that Ejandra was paid on commission basis did not rule out the presence of an employee-employer relationship (Article 97(f), Labor Code).3. No. It also violated Ejandras right to procedural due process by not giving him the required notice and hearing provided for in Section 2, Rule XXIII, Book V of Department Order No. 9., series of 1997 (Rules Implementing Book V of the Labor Code).Ramos vs Court of Appeals () 380 SCRA 467Labor StandardsCase DigestsFactsPetitioner Erlinda Ramos was advised to undergo an operation for the removal of her stone in the gallbladder. She wa s referred to Dr. Hosaka, a surgeon, who agreed to do the operation. The operation wasscheduled on June 17, 1985 in the De los Santos checkup Center.Erlinda was admitted to the medicalcenter the day before the operation. On the following day, she was ready for operation as early as 730am.Around 930, Dr. Hosaka has not yet arrived. By 10 am, Rogelio wanted to pull out his wife from theoperating room. Dr. Hosaka finally arrived at 1210 pm more than 3 hours of the scheduled operation.Dr. Guiterres tried to intubate Erlinda. The nail beds of Erlinda were bluish discoloration in her left hand.At 3 pm,Erlinda was being wheeled to the Intensive care Unit and stayed there for a month.Since theill-fated operation,Erlinda remained in comatose condition until she died.The family of Ramos sued them for damages. IssueWON there was an employee-employer relationship that existed between the Medical Center and Drs.Hosaka and Guiterrez. HeldNo employer-employee between the doctors and hospital.Priv ate Hospitals hire, fire and exercise real control over their attending and visiting consultant staff.While consultants are not technically employees, the control exercised, the hiring and the right toterminate consultants fulfill the hallmarks of an employer-employee relationship with the excommunication of payment of wages.The control test is determining.In applying the four fold test, DLSMC cannot be considered an employer of the respondent doctors.Ithas been consistently held that in determining whether an employer- employee relationship existsbetween the parties, the following elements must be present (1) selection and engagement of services(2) payment of wages (3) the power to hire and fire and (4) the power to control not only the end to beachieved, but the means to be used in reaching such an end.The hospital does not hire consultants but it accredits and grants him the privilege of maintaining a clinicand/or admitting forbearings.It is the patient who pays the consultants .The hospital cannot dismiss theconsultant but he may lose his privileges granted by the hospital. The hospitals obligation is limitedtoproviding the patient with the preferred room accommodation and other things that will ensure that thedoctors orders are carried out.The court finds that there is no employer-employee relationship between the doctors and the hospitalFILAMER Christian INSTITUTE v IACAugust 17, 1992FACTSFuntecha was a working assimilator, being a part-time janitor and savant of Filamer Christian Institute. One day, Funtecha, who already had a students drivers license, communicate Masa, the school driver and son of the school president, to allow him to drive the school vehicle. Assenting to the request, Masastopped the vehicle he was driving and allowed Funtecha to take over behind the wheel. However, after negotiating a penetrative dangerous curb, Funtecha came upon a fast moving truck so that hehad to trim back to the right to keep off a collision. Upon swervin g, they bumped a pedestrian walking in hislane. The pedestrian died due to the accident. ISSUEWon Filamer Christian Institute should be held liableHELDYESFirst it should be noted that driving the vehicle to and from the polarity of the school president were bothAllan and Funtecha reside is an act in furtherance of the interest of the petitioner-school.The school jeep had to be brought home so that the school driver can use it to fetch students in the good morning of thenext school day. Thus, in learning how to drive while taking the vehicle home in the concern of Allans home, Funtechadefinitely was not having a joy ride or for enjoyment, but ultimately, for the service for which the jeepwas intended by the petitioner school.(School president had knowledge of Funtechas desire to learn how to drive.) Court is thus constrained to solve that the act of Funtecha in taking over the steering wheel was onedone for and in behalf of his employer for which act the school cannot deny any re sponsibility byarguing that it was done beyond the scope of his janitorial duties.The fact that Funtecha was not the school driver does not quench the school from the burden of rebutting the presumption of negligence on its part. It is sufficient that the act of driving at the time of theincident was for the benefit of the school.Petitioner school has failed to show that it exercised diligence of a good father of a family.Petitioner has not shown that it has set forth rules and guidelines as would prohibit any one of itsemployees from taking control over its vehicles if one is not the official driver or prohibiting theauthorized driver from letting anyone than him to drive the vehicle. Furthermore, school had failed toshow that it impose sanctions or warned its employees against the use of its vehicles by persons other than the driver. Thus, Filamer has an obligation to pay damages for reproach arising from the unskilled manner by whichFuntecha drove the vehicle since the law impo ses upon the employers vicarious liability for acts or omissions of its employees.The liability of the employer, under Article 2180, is primary and solidary. However, the employer shallhave recourse against the absent-minded employee for whatever damages are paid to the heirs of theplaintiff. On Labor Codes Rule XThe clause within the scope of their assigned tasks (found in CC) for purposes of raising thepresumption of liability of an employer, includes any act done by an employee, in furtherance of theinterests of the employer or for the account of the employe at the time of the infliction of the injury or damage Even if somehow, the employee driving the vehicle derived some benefit from the act, the existence of a presumptive liability of the employer is determined by answering the question of whether or not theservant was at the time of the accident performing any act in furtherance of his masters business. Rule X, which provides for the exclusion of working scholars in the empl oyment coverage and on whichthe petitioner is anchoring its defense, is merely a guide to the enforcement of the substantive law onlabor.It is not the decisive law in a civil suit for damage instituted by an injured person during avehicular accident against a working student of a school and against the school itself. Present casedoes not involve a labor dispute.An implementing rule on labor cannot be used by an employer s a shield to avoid liability under thesubstantive provisions of the CC.Motion grantedG.R. No. 75112 August 17, 1992FILAMER CHRISTIAN INSTITUTE, petitioner,vs.HON. INTERMEDIATE APPELLATE COURT, HON. ENRIQUE P. SUPLICO, in his capacity as Judge of the Regional Trial Court, Branch XIV, Roxas City and POTENCIANO KAPUNAN, SR., respondents. GUTIERREZ, JR., J.FACTSFuntecha was a working student, being a part-time janitor and a scholar of petitioner Filamer. He was, in relation to the school, an employee even if he was assigned to clean the school premises for only two (2) hours in the morning of each school day. Having a student drivers license, Funtecha requested the driver, Allan Masa, and was allowed, to take over the vehicle while the latter was on his way home one late afternoon. It is significant to note that the place where Allan lives is also the house of his father, the school president.Allan Masa turned over the vehicle to Funtecha only after driving down a road, a fast moving truck with glaring lights nearly hit them so that they had to swerve to the right to avoid a collision. Upon swerving, they heard a sound as if something had bumped against the vehicle, but they did not stop to check. Actually, the Pinoy jeep swerved towards the pedestrian, Potenciano Kapunan who was walking in his lane in the direction against vehicular traffic, and hit him. ISSUEWON there exists an employer-employee relationship between the petitioner and its co-defendant Funtecha. HELDYes. Funtecha is an employee of petitioner Filamer.He need not have an official a ppointment for a drivers position in order that the petitioner may be held responsible for his grossly negligent act, it being sufficient that the act of driving at the time of the incident was for the benefit of the petitioner. Hence, the fact that Funtecha was not the school driver or was not acting within the scope of his janitorial duties does not relieve the petitioner of the burden of rebutting the presumption juris tantum that there was negligence on its part either in the selection of a servant or employee, or in the supervision over him.The petitioner has failed to show proof of its having exercised the required diligence of a good father of a family over its employees Funtecha and Allan.