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Français · Volume 19, Issue 21 - May 21–June 11, 2019 · Download PDF
The theatrical world of puppets
Katy Swainston // Culture, Theatre // Volume 19, Issue 21 - May 21–June 11, 2019
String puppets. By unknown makers (Sinhalese). MOA Collection: Eh149, Eh147, Eh164, Eh144, Eh142 | Photo courtesy of Alina Ilyasova, courtesy of Museum of Anthropology at UBC
In Shadows, Strings and Other Things: The Enchanting Theatre of Puppets, visitors will be able to explore a series of elaborate stages that have been created especially for the puppets exhibition. Curator Nicola Levell believes that visitors will be surprised by how the gallery has been transformed in order to accommodate the exhibition.
“It is incredibly theatrical. I am surprised and delighted every time I see what the Museum’s exhibition team has created. They have produced full stages, complete with everything from red velvet curtains to hand drawn backdrops. Everything in the exhibition is made by hand,” says Levell. “It is phenomenal.”
An immersive exhibition of Western Canada’s largest puppet collection will go on display at the Museum of Anthropology (MOA) from May 16–Oct. 14.
The decision to handcraft each part of the exhibition was intentional, as a way to reflect the unique role that hands-on skillfulness plays in the creation and use of puppets.
“All of the puppets are handmade. Of course, the human hand is central to bringing the puppets to life. It is through the hands that puppets move, dance and even fight,” says Levell.
An international collection
String puppet. By unknown maker (Burmese). MOA Collection: 3307/1.
Levell did not want to stop at exploring this expertise through just showing MOA’s existing world-leading puppet collection. She proactively worked with an international network of knowledge holders, partners, and scholars to acquire over one hundred new puppets for the Museum, along with commissioning the creation of new puppets.
“We have had a set of Chinese shadow puppets crafted for us by the Lu family. They are made of leather but are translucent and absolutely exquisite,” she says. “We have also had a new set of the traditional English Punch and Judy characters created, which some of our visitors may be familiar with.”
To find puppets from both China and England in a single exhibition is an indicator of the variety of traditions that visitors will experience. Over 250 puppets from 15 countries, exploring the five main areas of puppetry: shadow, string, rod, hand, and stop-motion animation will be on display. Beside the surprising range of puppet types being exhibited, visitors may also be taken aback by the sheer variety of their sizes. Puppets in the exhibition range from being the length of a finger to the height of a bus.
“There is a twelve-foot tall puppet, Meh, who was created by the Mortal Coil Performance Society and the Tsatsu Stalquya (Coastal Wolf Pack),” says Levell. “Through collaboration they have made this incredible, gigantic puppet that needs five puppeteers to operate it.”
Meh will find its way to the Vancouver Folk Music Festival this summer when it is brought out by its team of puppeteers as part of the three day long event. Levell is looking forward to seeing festival-goers’ reactions to this.
“Something happens – not only children but also adults can suspend their disbelief. There is a chemistry and connectivity between a puppeteer and their puppets that enables these little, or in this case huge, inanimate entities to come to life”, says Levell.
Levell feels that although the popularity of puppetry has declined in some parts of the world, it is as loved as ever in other parts. More than that, she believes that there is a growing shift in what today’s audiences are looking for, which is leading to a resurgence in interest in puppetry.
“I would like to think we are returning to more engagement with analogue forms of entertainment. It is like throwing out smartphone and getting a flip phone,” she says. “Creating puppets and telling stories with them is human inclination. We are storytellers. We want to be enchanted. For at least the last 2000 years, puppetry has been doing just that.”
For more information, please visit www.moa.ubc.ca.
Appreciating Japanese ceramics through tea
Exploring the Taiwanese experience
SHIFT Festival – New work created and performed by women
← A devotion to paper
Sami people: a blueprint for other cultures →
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Raju Narisetti
A media executive with a track record in creating, rethinking and managing major media organizations in North America, Europe and Asia, Raju was most recently the CEO of Gizmodo Media Group, at Univision Communications Inc, a portfolio of digital journalism sites that included some of the web’s most beloved and authentic brands. Raju has been Senior Vice-President of Strategy at News Corp. His previous roles have included Managing Editor of The Wall Street Journal Digital Network, where he was responsible for WSJ’s digital/mobile content strategy and execution; Managing Editor of The Washington Post, where he led the integration of its digital and print businesses; Editor of The Wall Street Journal Europe; and Founder of Mint, the second-largest business newspaper/website in India.
SoftBank News Server @ Silver Oak
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上傳校園照片
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英格蘭-西北英格蘭
Settlebeck School
基本資料 | Information
創校
Settlebeck School, Long Lane, Sedbergh, Cumbria, LA10 5AL
https://settlebeck.org/
Settlebeck School is a small coeducational secondary school with academy status. It is located in Sedbergh in the English county of Cumbria, drawing pupils from a radius of at least of ten miles, and a total number on roll of about 160.
Previously a community school (Settlebeck High School) administered by Cumbria County Council, Settlebeck School converted to academy status on 1 August 2011. The school continues to coordinate with Cumbria County Council for admissions.
Settlebeck High School offers GCSEs, AS-Levels and ASDAN qualifications as programmes of study for pupils. The school also has a provision of vocational courses offered in conjunction with Kendal College.
Settlebeck School is not to be confused with Sedbergh School which is a nearby independent boarding institution.
制服介紹 | Uniform Intro
校園 | Campus
本校尚無照片，歡迎提供照片上傳
上傳制服照片 推薦學校
Sheldon School
The Oaks Academy
Moulton School & Science College
Stuart Bathurst Catholic High School
Morpeth School
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Vensai's Management Team - CEO, SVP, VP
Srinivasa Nimmagadda (Nimms)
CEO - Founder
Nimms founded Vensai with one goal, to deliver Quality, Value and Change to every client, every time. Leveraging his extensive technical background and never-ending desire to exceed client expectations on every project, he has built a multi-million dollar organization spread across three continents.
Abdul Qadeer
Abdul Qadeer is an MBA from Osmania University with over 18 years of sales and operations experience in the IT Industry. He developed rich experience in geographies such as the United States, Europe, the Indian Sub-continent and the Middle East during his tenure with organizations such as iSpace, Crestcom and GSS Infotech. He is responsible for the establishment and optimization of day-to-day operations in the company, additionally he oversees the global delivery, marketing sales and finance functions of the Organization.
Gopichand Lingamaneni (Gopi)
CFO/ VP HR
Gopichand Lingamaneni is Vensai's Chief Financial Officer with responsibility for the company's Corporate Accounting, MIS, finance operations, internal controls and compliance. Gopi has extensive experience spanning 15 years in financial and commercial management. He also reviews the financial performance, budgets, cash flows and ensures that the working capital and long term fund requirements are met. Gopi manages the entire gamut of financial, commercial and accounting activities including designing, implementation and maintenance of internal controls. He also ensures tax, legal and statutory compliance are followed as per the each country's norms.
JR Hood
SVP, Global Services
Mr. Hood has spent over 15 years in outsourcing and consulting, focusing specifically on offshore outsourcing. He has held sales and leadership roles in companies such as HCL Technologies, Zensar and GSS Infotech. Mr. Hood brings a wealth of industry knowledge to Vensai, having built and managed global sales forces across multiple continents and countries.
Kalpit Singhal
VP,Service Delivery
Kalpit has over 13 years of experience in managing and delivering IT projects & Services across the globe. Primarily he has worked on Microsoft Technologies throughout his career ranging from times of VB/ASP all the way to SharePoint & Business Intelligence. Prior to joining Vensai, Kalpit was heading an IT start-up out of NCR in the capacity of a Delivery Manager. In Past, he has worked with organizations like Microsoft & Keane. Kalpit has completed his B.E from Barkatullah University Bhopal.
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Music Notes: A Music Stalwart Remains Undefeated Delbert McClinton perseveres into his 70's by combining great music and a strong constitution.
Delbert McClinton plays The Birchmere May 21 (Courtesy Photo)
Delbert McClinton perseveres into his 70’s by combining great music and a strong constitution.
One of the true bonafide survivors of the insanity that often is the music business, Delbert McClinton is still out there at 75, playing his familiar yet unique blend of rock and blues that’s been keeping him going for over 50 years.
When I called McClinton recently to chat about his current tour, his upcoming record and his formidable life in music, I asked what he was doing, and what he attributes his longevity to.
“Sitting here having breakfast with my grandkids,” McClinton said in his amicable Texas drawl. “We kinda did a reinvention on this new record. Wrote some really good songs and I think it’s a great record. And yeah, I attribute (my longevity) to the fact that I still love doing this. I’ve had this with me my whole life, and it’s always sustained me. I just can’t seem to get enough.”
Life is pretty darn good these days for the durable McClinton, who continues to play and record his music for a legion of loyal fans, while at the same time being able to look back at a career he made work for himself on his own terms, despite the nefarious dealings of record companies and the unpredictable nature of the business itself.
Before he became a front man in 1972, McClinton began his playing days in a Fort Worth band called The Straitjackets, backing up a who’s who of American blues players on harmonica, many of whom were his early influences and musical heroes.
“Back in the day, many many years ago starting out, I was a big Muddy Waters/Jimmy Reed/Sonny Boy Williamson fan,” McClinton said. “So I picked up the harmonica and that’s the way that went. That’s where I got my on the job training, was from [backing up] Sonny Boy, Buster Brown, Jimmy Reed, Howlin Wolf. Back in the early 60’s, those guys were on the radio, they traveled all across the country, so they’d come to town. And to put it in perspective, back in those days everybody in the world wasn’t in a band, there weren’t that many bands around. I think back in the time in Fort Worth there mighta been three bands, and my band was the best one!”
McClinton refreshingly and openly speaks his mind, and he is not shy when talking of the injustice he feels many black blues players, including those he played with and idolized, faced from their white record company counterparts.
“They’ll never get their just due, man. That’s a horrible time in history, and an awful lot of greedy white men stole all the money from those wonderfully talented black men. That’s the way it’s gonna go down in history because that’s what happened. They’d do it today if they can. Not just from black people, anybody. It’s a sleazy world, this music business, it’s sleazy as anything. The backside of it is people that will steal everything ya got.”
It took McClinton until he was 50 to break free of the insidious music business trap by making his own records, and he holds nothing back when speaking of his disdain for the industry.
“I don’t trust any of ’em and I don’t believe any of ’em. Of course it took me a long time. I was 40 somethin’ years old before I decided to change my way of doin’ things. By the time I was 50, I was making my own records and owning them. And that’s also been the best music of my career, since I was 50, in my opinion. You gotta keep the eye on it man, or somebody’ll steal it from ya. That’s terrible, but that’s the way world goes around.”
McClinton’s long career has seen him not only do solid solo work for decades, but also team up with stalwarts like Bonnie Raitt (they traded vocals on “Good Man Good Woman” off Raitt’s 1991 multi-platinum album Luck Of The Draw) and Tanya Tucker (their 1992 duet “Tell Me About It” went to #4 on the country charts), but it’s his oft-told story about showing a young rock and roll upstart how to play harmonica in the early 60’s that may be his most storied “collaboration.”
“When “Hey Baby” came out in ’62, I think it was ’62” — McClinton played harmonica on the song — “it was a super number one hit, nobody saw that coming, but that’s what happened. When Bruce (Channel) got booked to do a tour of the British Isles, the promoter said, well, we gotta have the harmonica player too, so I got to go. We were over there in England, and every night somebody would show up in the dressing room with a harmonica and say, hey, show me how you do that. It was a novelty. So The Beatles were the opening act on a couple of the dates we did, and John Lennon wanted to make sure I (showed him). He was already fooling around with the harmonica, you can’t really show anybody anything on the harmonica…you kinda fool around with it and figure it out. I didn’t really teach him. I just showed him what I did. Later, he mentioned it to somebody and they put it in the Rock and Roll Hall of Fame that he was influenced by me. It’s been romanticized as all of that stuff is. But it’s a good story.”
McClinton is a man who has worked hard to get where he is, breaking free of the chains that bound him, and today, is still making great music into his 70’s. And he has made his career a success against pretty heavy odds.
“When I was with Capricorn, I had a record go into the top 100, and the same week, Capricorn closed their doors and declared bankruptcy. Every record company besides one in my whole career has gone out of business while I was on the label. Every one of ’em. You either live through something like that or it defeats you. And I can’t be defeated.”
Delbert McClinton performs Saturday May 21 at The Birchmere, 3701 Mt Vernon Ave, Alexandria, VA 22305. For tickets, click here.
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Dynasties: The Roosevelts
By Carrie Lofty
While most people know that the United States has had two presidents named Roosevelt, very few can identify how they were related.
"Roosevelt" means "Rose of the Fields" in Dutch. The first Roosevelt, a Dutchman named Claes van Rosevelt, arrived in Nieuw Amsterdam in the middle of the 17th century. He bought a twenty-acre farm in mid-town Manhattan, including the site of the Empire State Building. By the 18th century, however, the family divided into two branches: Johannes Roosevelt (1689-1750) founded the clan in Oyster Bay, New York, while his younger brother, James Jacobus Roosevelt (1692-1776), founded the Hyde Park branch.
Fast forward a hundred years and you'll find that the Roosevelts were incredibly influential in New York, successful in business, and active in politics (on opposing sides: the Oyster Bay family became Republicans after the Civil War, while the Hyde Park membership remained Democrats). Among their number included an inventor, an Assistant Secretary of the Navy, a portrait painter, the co-founder of the Bank of New York, an opera singer in Paris, a diplomat, the wife of a Massachusetts governor, a famous poet and orator, a pianist and composer, a gold medal-winning yachtsman, and an Archbishop of Baltimore.
Theodore Roosevelt, 26th President of the United States, was born in 1858. A sickly child, he learned all about the natural sciences and history before applying himself toward growing physically strong. He became an avid boxer when he attended Harvard. After serving as a Lieutenant Colonel in the US military during the Spanish-American War, he was elected vice president. William McKinley was assassinated in 1901, which made Roosevelt the youngest man ever to assume the presidency. He was 42.
Theodore's brother Elliott was two years his junior. Elliott sired three daughters, one of whom was Anna Eleanor Roosevelt. Her Uncle Teddy, while he was still president, gave Eleanor away when she married Franklin Delano Roosevelt of the Hyde Park Roosevelts. Their marriage not only solidified a political dynasty but reunited the families. (Here they're pictured courting in 1903.)
If you do the math, Theodore and Franklin were fifth cousins, which meant they were more closely related by marriage than by blood.
Franklin Roosevelt, of course, went on to set his own records as the 32nd President of the United States. He was elected to more terms (four) and served more years in office (twelve) than any other leader, and presided over two monumental crises in US history: the Great Depression and World War II. He remained a Democrat, in keeping with the rest of the Hyde Park branch, but his left-wing policies single-handedly shifted the political spectrum so that "Democrat" came to mean "liberal."
The Roosevelts' children did not shirk service to their country just because of their influential fathers. Teddy's son, Theodore Roosevelt, Jr., went on to become a brigadier general. He and his brothers Kermit and Archibald served in both world wars. Their youngest brother, Quentin, was killed in action over France in 1918. All four of FDR's sons served during WWII: James in the Marine Corps, Franklin Jr. and John in the Navy, and Elliott in the US Army Air Corps.
While Teddy's and FDR's offspring have not achieved the stellar successes of their forebears, there are plenty of Roosevelts to tip the odds of future achievement in their favor. For example, Teddy Roosevelt sired six children by two wives, who then bore 11 grandchildren. Not bad, but FDR and Eleanor Roosevelt had them beat. To quote Wikipedia, their five surviving children produced among them "...nineteen marriages, fifteen divorces, and twenty-nine children."
We can assume that the Roosevelts will be a part of American life for generations to come--if not in prominent political placements, then in the myriad towns (at least ten), schools (six institutes of higher learning, plus countless grade schools), streets, buildings, and public works named after these two incredibly influential leaders.
Labels: Carrie Lofty, Dynasties, presidents, Roosevelts, WWI, WWII
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Strawberry vs. Litchi
Difference Between Strawberry And Litchi
Strawberry, a perennial herb of the genus Fragaria in the rose family (Rosaceae). The strawberry plant is highly prized for its sweet, juicy fruit and is cultivated in temperate regions around the world, including southern Canada, central Europe, and Japan. Strawberries are rich in sugar and rank high as a source of vitamin C, averaging somewhat higher than oranges, lemons, or grapefruit.
The typical strawberry plant has short roots and several slender stalks and grows closer to the ground. Its leaves develop in groups of three, and early in the growing season it produces small white flowers. The subsequent greenish white, conical fruits become deep red or sometimes yellowish red as they ripen. These fleshy bodies are not true berries but instead are fruit receptacles, over the surface of which the actual, one-ded fruits are scattered. With few exceptions the plants do not reproduce by ds but propagate themselves by means of runners—long stems that send down new roots.
Three important octoploid species need mention. The meadow strawberry (F. virginiana) grows in eastern North America westward to the Dakotas. It is a slender plant with thin leaves. The beach, or Chile, strawberry (F. chiloensis) is a stout, bushy plant found only along beaches from Alaska to central California, along the southern coast of Chile, and on a few mountain tops in Hawaii. F. ovalis is an open-field species of western North America found from Alaska to New Mexico.
Litchi, a genus of two evergreen trees with small round edible fruits. The trees belong to the soapberry family (Sapindaceae) and are commonly known by a variety of similar sounding names, ranging from litchi, lichee, and lychee, to liachi, lici, and leet-jee.
Both trees (Litchi chinensis and L. philippinensis) grow from 30 to 40 feet (9–12 meters) tall and have rounded crowns. Their glossy dark green leaves are pinnate with 3 to 7 or 9 leaflets. The tiny flowers are borne in terminal upright clusters. The mature fruits are about 1.5 inches (3.75 cm) long and 1 inch (2.5 cm) in diameter. The stiff outer rind is reddish with raised tubercules on the surface. The flesh is a pearly color and surrounds a single large d from which it is easily separated. The flesh has a delicate, sweet, slightly acidic flavor and a firm to gelatinous texture. When dried, the fruits are called litchi nuts. They have a somewhat raisinlike quality and must be chewed off the d.
Which is the best type of knife?
Carbon Steel Knives
High Carbon Stainless Steel Knives
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4Him
Religion & Piece Songs
December 24, 2015 December 17, 2015 4Him
6 AMAZING FACTS YOU MAY NOT KNOW ABOUT A LOCAL RELIGIOUS BAND’S SONGS
The gospel local bands have been in existence across the world for ages and many people’s life have been changed as a result of inspirational and motivational lyrics of their songs. It is important to understand, the common themes of gospel music comprises of worship, praise, lament, as well as penitence. You may have known about all of these attributes of a gospel music, but there might be other amazing and motivational facts you may be missing about the local band religious songs’; and that is why this article is important to you. In this article, you will be familiar with 6 interesting facts about local band’s religious songs that will make you have more interest and affection in them.
1. Gospel band music is peace-oriented
Oh yes, there’s no sound of music that is as sweet and touching as anything else than gospel music. Hearing the sound of it alone will give you peace of mind especially if it involves worship.
2. Gospel music is uniquely communicated
One of the most interesting and amazing fact about gospel music is that not only does it lift up positive spirits and improve spiritual life, but it is uniquely communicated across the world and is never pessimistic.
3. Most secular music artists have been touched by the power of gospel music
It is important to know that, it’s always rare to find an artist that has not been inspired with the power of gospel band music. Most of the secular music artists we see today have started their careers in the church choir – to name a few: Joe, Whitney Houston, R Kelly, Katy Perry, John legend, among others.
4. Gospel band music brings you closer to God
Another most interesting fact about gospel band music is there’s no way you will be involved in it and your life remain the same. It allows you to love God more and more, it also informs your character and improves your talents.
5. Gospel band music can heal you
Many people will doubt this, but it’s actually true; it has happened to many people before, and it will continue to happen to others in future as long as it is done in truth and in spirit. True worship and praises is very good in healing, it is always accompanied with passion and it keeps balm with the soul. When you are deep into worship chances are all your pains and sorrow will be taken away that moment and your life will instantly change for good.
6. Gospel band music relaxes minds
No matter how frustrated you might be, there are some moments of worship that will make you relaxed and forget about your difficult moments. Singing gospel songs is something that calms nerves and eases all tensions.
In the end, it is good to understand, local band of religious songs has so many different genres of music and within the gospel arena there are hip-hop, gospel soul, gospel R&B, gospel Urban, and Gospel traditional. All these genres of music are uniquely communicated with passion, love, and respect for God. This article was written to ignite that spirit of interest and passion (with the local band of religious songs) in you and to remind you of the benefits of gospel songs in your daily lives. Hope this helps a lot.
5 WAYS A LOCAL BAND OF RELIGIOUS SONGS CAN HELP YOUNG TALENTS
It is important to know, most of the secular artists we see today used to be products of the gospel band group in their respective geographical locations. Rarely would you see any popular present day artist that hasn’t been touched or developed by the gospel choir. The fact that most of them started their music careers at young age proofs that the Christian music industry can still hold on and keep other young talents by helping them in developing their potentials in the gospel music world. In this article, we are going to look at 5 ways our local band of religious songs can help young talents to develop their potentials and become assets in the Christian music industry.
1. Sacrifice
One thing that will make young talents exploit their potentials is through sacrifice. By sacrificing lots of activities (like chatting, computer game, goofing off, etc) that will keep them away from becoming what they ought to be in the gospel music industry, it means they’re paving their ways on the path of success. Participating in the local band of religious songs’ practices really pays and it will help out the young talents to discover about their capabilities.
2. Manners and respect
It is important to understand, band members have values and ethics that have become part of their habits. Joining a local gospel band team will help improve on your manners of approach and will as well earn you respect among individuals.
3. Practice experience
Participating in lots of music practices will give young talents experience in skills that reach far beyond musical notes. At the initial stage they may not realize they are getting experience in so many aspects of life-skills that will have positive impacts as they grow older, but when they get involved in musical programs and practices their brains will begin to develop and they will have the opportunities to become stars in future.
4. Creative problem solving
The band members’ practice flexibility can have positive impacts in the life of our young talents to be creative in problem solving issues. This can help them to make adjustments and they’ll take all constructive criticism seriously.
5. A chance to become resilience
By resiliency, it means the young talents will be able to learn to adapt or to recover from any setback. By participating in the band’s activities, the young ones would learn so many things about life; they will also be able to bounce back whenever they’re faced with challenges. It is important to know that, sometimes pressure from unfavourable state of affairs may likely have negative impacts in the lives our young ones. With the gospel band team, a lot of programs that are spiritually-inclined would be done and this will serve as a motivating factor that will help keep them strong in the Lord and also in their daily lives.
In conclusion, if you are interested about gospel music and you really want to pursue that dreams, check and see if there is any local band of religious songs group in your neighbourhood and identify yourself with them. However, if you cannot find a local band group within your vicinity you can ask around, and surely you would find one in the town.
Behind the Scenes: ‘Choose Your Mountain’
This is our 4th album in the 5 years that we have been together as a group and, in many ways, it was the most difficult to produce. Partly because we were still getting settled with our new roster, but mostly because of the message we were trying to present.
Religious Choices in America and the World:
The search for the divine, the transcendental, the reason behind the way things are is a universal element of our society. From the smallest mountain village to the biggest urban sprawl, the search for the meaning of life goes on, and it usually involves looking beyond ourselves for answers.
Religious groups and doctrines are older than history and predate what we would call civilization. And unfortunately, despite thousands of years of searching, there is still no universal agreement as to the answers.
Choice without Malice:
Each religious group, whether Christian, Islam, Buddhist, Hindi, or other has their own world view which defines how the divine is achieved or accessed. The question is, can we practice our religions without discord?
Looking for the Truth:
We are all looking for the truth in life, and we in the Christian Religious community, like those in other groups, feel that we have found it. But that does not mean that there needs to be enmity between us and the rest of the religious world. That is what we strove for in our ‘Choose Your Mountain’ album.
The title cut shows our own personal search for the truth, for the mountain which birthed a faith that we can follow. With other people, in other lands, other mountains may be their source.
‘Represent’:
Our second cut, ‘Represent’, is our way of saying that it is better to show the world what is right about our religious viewpoint than to try and point out what is wrong with those who chose a different mountain, a different way to the divine.
Speaking candidly, I believe that we are right, and that the faith that we follow is one that will lead to salvation and peace. But I also believe that the faith that I follow allows and, in fact, requires me to respect the views, choices and faiths of those who share this world.
Intelligent discourse in our divided world is an ongoing problem, with political, ideological and religious difference often causing seemingly unbridgeable gaps between groups, individuals and entire countries.
‘Narrow Gate’:
Another feature cut on this album is ‘Narrow Gate’, which highlights the importance of choosing to seek a moral and ethical standard rather than wandering around lost and hopeless in the highways of life. Each of us must navigate our lives, but to try to do so without instruments, charts and advice can be dangerous. We need to look to the wisdom of those who have gone before, as well as the insights of those who are looking to the future.
Available January 1:
After January 1, our album can be downloaded on our website.
Tour Notes: Northern Ohio Tour Next Month
We have a new opportunity to expand our outreach next month with our second regional tour. This time we are traveling through the Northern Ohio area, where we will be visiting 6 cities in 8 days. A full schedule is posted on our calendar page, for any of you from who want to come and see us.
We have been planning this for a while now. Our Email lists showed that we have a lot of new fans in Ohio, especially after we played the Cleveland Winter Worship Festival last year. Hopefully we will be able to extend our reach to your part of the country.
January 3- Bowling Green
We will be on the Bowling Green campus on January 3 at the Student Center. Our concert will be in association with the outreach event being staged by the campus religious groups. Our set begins at 6:00PM and goes on until 7:30PM. A number of other groups and performers will be there as well, including those representing faiths outside of the Christian community. The event is free and open to all. We will have merchandise for sale.
January 4- Toledo University
After we clear up at the Bowling Green campus, we will be heading North to Toledo University where we will be doing a single set at the Open Book coffee shop run by one of the religious fraternities. We will be doing several songs from our new CD as well as some old favorites. We are hoping that our old lead singer Patty Wells will be able to swing by for a few cuts. She is now running a halfway house in the Toledo area, and hopes to be able to clear her schedule to sit in with us. So if you are a fan of her work, try and be there.
January 5- Defiance Community Center
We will be doing a quick set in Defiance, Ohio at the community center where a number of local and regional worship groups will be performing. This event is still being organized so check their web site for details.
January 6- Cleveland State University
We will once again be part of the Winter Worship Festival held on the Cleveland State campus from 4PM till after midnight. We are among the opening groups, so come early if you want to see us. We will be debuting the title cut from our new album, ‘Choose Your Mountain’. Discount downloads will be available to people who visit our merchandise table during the festival.
January 9- Lakeland Community College
The Lake County Christian Outreach association is sponsoring a mini version of the Cleveland Winter Worship Festival, featuring many of the groups who performed previously, as well as some of the local Lake County groups.
January 10- Youngstown
We will be stopping in Youngstown on our way back to Pittsburgh at the Copper Kettle coffee shop and bookstore. We hope to see a few of our PA friends make the trip across the border. We will be playing mostly from our new album, which will be available on our web site starting January 1.
Times, details and map links are on our calendar page.
5 THINGS A LOCAL BAND OF RELIGIOUS SONGS DO THAT MAKE A CONGREGATION NOT FOLLOW
Have you ever noticed in a spiritual gathering, the congregations are not really following the songs sung by the local band team? There are many factors that may lead to that and we’re going to look at them one by one. Some of these factors are quite funny, but the article will serve as a wakeup call for all local bands of religious songs to try as much as possible to carry along with the congregations during worship and praises. If the congregations aren’t following or singing anymore in a gospel gathering, the following reasons might likely the factors involved.
1. They don’t know the song
It is important to know that in this contemporary world, local gospel band teams are releasing latest hits and bringing in new songs day-by-day. Worship leaders tend to get into spiritual emotions by singing out unknown songs and forgetting that the congregation also needs to participate; this can make the congregation turn out to be spectators because they don’t really grab it. We’ve seen this many times. It is important to bring-in the worship and praises songs they know so that they will be carried along. However, if opportunities may warrant them to learn a few short songs, it will also be a good idea.
2. Singing songs that are not suitable for congregational singing
Another factor that make congregation not singing during worship is actually the rhythm of the song. Some of the songs worship leaders sing are not suitable for congregational singing and not suitable for average singer.
3. They can’t hear or see people around them singing
This happens most of the times and it sounds funny. You may notice a times, there are imbalances between the music and the congregation; if the music is too low or too high, the congregation may find it difficult to pick up and they will often keep mute and become spectators. Once a person turns around and sees the people beside him not singing because of the flow of the music, he also may not develop the interest in that and it will go a long way to affect the entire congregation.
4. The songs are not connecting with the congregation
Sometimes, worship leaders and the congregation can get carried away by the music and got caught up mixing words in different rhythm. This situation can disrupt the rhythm of the songs and can affect the momentum in the house. In this case, the worship leader should program the timing of the song and let them know when they expect to sing.
5. The keys are too high for congregational singing
Some local band worship leaders tend to pitch songs in keys that are too high for the average singers. If the congregation can’t catch up with the range of the song, they will be struggling to pick up and they’ll eventually lose courage and as well stop singing. This will make them become spectators; therefore, it is important to maintain a key that everyone will catch up when leading congregational praises or worship.
In conclusion, this article is not meant to bash our local band of religious songs teams worldwide, but it is a reminder that moment of worship has to be participatory and everyone needs to be carried along.
When this has been achieved, it will be appealing to see that the whole congregation are singing with passion.
Coffee House Set
One of the benefits of being part of a small, acoustic band is that you can set up anywhere. This last weekend, we were at the 4th Street Coffee House for a gospel jam featuring worship groups from several of the local churches, including a few I have never visited.
It’s always nice to meet new friends in the gospel world, and exchange worship tips and tricks.
The 4th Street Coffee House is an outreach of the West Side Ecumenical Society and features worship sets 3 nights a week and an open mic night on Fridays. The Worship Jam was a special event held Saturday Evening in conjunction with the Worship Leader workshop being held at the Downtown Marriott. The workshop was created to help bridge the gaps between churches and denominations where it comes to worship styles and song choices.
Our band, “At The Well”, did a 40-minute sidebar session at the workshop focusing on blending contemporary and traditional song styles, with an emphasis on creating a more inclusive atmosphere with regards to worship sets.
So, back the coffee shop. Our group opened the set with a few old favorites from or hymnal CD, including ‘Rugged Cross’, ‘Were you There’ and ‘Glory Bound’.
The set was MC’d by the worship leader from the First Baptist Church, and ran from 8PM till nearly 11. All tolled, 14 soloists and small groups performed to a full and attentive house. Each group was encouraged to bring some of their CD’s and download cards, some of which were available for free.
The real benefit of the evening was the communication and sharing among the participants. Worship styles can be a divisive element in any church setting, and more than one church split has been precipitated by the hiring of a new worship leader or choir director. It is unfortunate that an activity meant to enhance communion among the saints can so often bring discord and controversy.
The biggest take away from the weekend is that we should all be more open to other styles of worship. This is especially true of us in the contemporary worship scene. It’s easy to point at the old timers with their hymnals and camp songs, accusing them of being closed minded with regard to the newer worship styles and the message of contemporary worship music.
But are we, representing the new generation of worship leaders and performers, just as guilty of closed minded attitudes towards music? We say to our elders, ‘you need to get with the times’, yet we refuse to consider the value of any song written more than 10 years in the past.
There is a lot of good worship music out there, from many different generations, styles and formats. While we may prefer a particular genre, we should not cut ourselves off from the rest of the worship community based solely on our preference.
As a courtesy to our new friends and fellow members of the worship community, we will be linking to some of their web sites, blogs and CD sites for the next few weeks.
If you want to expand your horizons, and share in some of what we got to experience, then feel free to click the links.
5 SIMPLE WAYS TO PROMOTE YOUR LOCAL BAND OF RELIGIOUS SONGS GROUP
It is important to know that you can be a fan of rock music, you can also be a big fan of country western music, and jazz music as well; but listening to gospel music is something that will give you lasting peace of mind. Gospel music is unique in its way, it’s calming, it’s soothing, and can get right to the point irrespective of what you are going through at the moment. As a local band religious song team, it isn’t a good thing having made all the necessary efforts and produced an album, but unfortunately it couldn’t reach out to the right market or target population due to some hurdles beyond control. If you have a band website or any online channel that is linked with your band club, here are 5 things you can do to promote your band and its songs.
Contact Local Christian Radio Stations
One of the simplest ways to get people to know more about your local band of religious songs or CD releases or about your touring dates is to contact the local Christian radio stations. This is a proofing good effort because radio stations can be the best platform for targeted audience.
It is important to understand, there are millions of websites and blogs worldwide on the internet and it will take you extra efforts for your own blog or website to be seen on search engines or get heavy traffic online. You can use certain keywords that you think people will be searching on religious songs or new bands. And also, people will stumble across your blog because the blog will easily appear on search engine first page.
Online Press Releases And Print Publications
Press release and local news paper publications can be a very effective way to catch the attention of your target audience about your local band team or new CDs or anything associated with that. There are a number of press release sites to help you in this; the most popular and most utilized ones are christiannewstoday.com, prfree.com, among others.
Create Social Media Accounts
It is important to know that one of the fastest ways and most reliable methods to reach out to the world is through social media. As a local band of religious songs, you will need to share your songs, and information about your team for people to see. Create Facebook page, MySpace, twitter, and more for the club; these are valuable tools for many fans and independent artists and will give them the opportunity to keep in touch with the local band.
Sacrifice A Little By Supporting Someone
Give your fans and friends the opportunity to know more about your songs by making and sharing stickers, organizing concerts, printing T-shirts, posters and billboards, offering free ringtones, and more. When you do this with everything having your club’s name and address on it chances are you will become more popular than you probably might have imagine.
In conclusion, know that this is not mainly to show to the whole world about your gospel album, but the above points should take you to the next level. It is advisable for you to implement these points so as to make your local band of religious songs well-known and also improve your performance to the higher level.
4 Peeps you didn’t know rocked Christian Rock
4 – Owl City
Do you remember that song Fireflies? It’s a distant memory now but a few years ago Adam Young or Owl City went to number one of pretty much everything with his quirky, new pop song fireflies! Since then, he’s been a little absent from the public radar with the exception of lending his voice to the soundtrack behind The Croods and Wreck it Ralph. For his loyal followers of equally quirky people, he has been a constant source of indie rock and, surprisingly, Christian rock. Here are some lyrics from his songs.
You rescued me and I believe
That God is love and he is all I need
From this day fourth, for all eternity.
Then I was given grace and love
I was blind but now I see
‘cause I found a new hope from above
And courage swept over me
3 – Kings of Leon
No, we’re not kidding. The ‘Your sex is on fire’ people do actually make Christian rock. The 3 brothers in the band are the Pentecostal preacher’s sons. Despite this, the music largely remains secular. From time to time though, you do catch lyrics that limit the mirror the boys’ upbringings. Admittedly, whenever they do, it’s some scary stuff and seems to involve fire, brimstone or some mention of the devil.
As the rat, and the fly
They’re searching for an alibi…
I went and I sold my soul to Jesus….
2 – The Fray
This one is a little finicky because, though the entire band consists of Christians, they decided not to play Christian music as it would limit their reach. It’s an understandable decision and we respect their choice. Despite this, their debut EP ‘How to save a Life’ received acclaim in the Christian community, with Christian music magazine ‘Jesus Freak Hideout’ calling it nearly perfect and 4.5/5 stars.
1 – Black Sabbath
We swear! We did our research! Ozzy Osbourne and the bat biting and all, technically count as Christian rock. We’ll take a look at their lyrics in a sec, but first, the band members themselves. We’ve never ourselves been to a concert but apparently, Ozzy has been known to say a prayer before every song, wear a cross and kiss it every now and then. On to the lyrics
After Forever
Could it be you’re afraid of what your friends might say…..
Now in darkness world stops turning Ashes where the bodies burning…..
We have researched the best local bands that sing the religious songs or are related to the religious singings. I tried to give brief about all of them, and I hope, you’d love to know about them.
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‘At the Well’ is a band, but we are not just about the music. We feel that the message that is behind the song is the important element in what we do.
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Frank Richards
Richards, Frank. (Frank Ricci), b. June 20, 1916, NYC, Primary school education, US Army, Signal Corps, Radio telegraph operator, 1934-37, Served in both the US and Panama, Radio Telegraph Operator, CP August 1937, received passport# 526102 on May 6, 1938 which listed his address as 202 48 Street, Union City, New Jersey, Arrived in Spain on May 25, 1937, Returned to the US on December 20, 1938 aboard the Ausonia, WWII US Army Air Corps, PTO, participated in the landings on Bake Island, d. May 4, 2004, North Carolina.
Sources: SACB, RA, (obituary) Jon Richards, “Frank Richards, 1916-2004,” The Volunteer, Volume 26, No. 2, June 2004, p. 18, (obituary) The Carthage Press, online.
Photograph: Frank Richards in Spain, RA Fond 545, Opis 6, Delo ?
Last Name Richards
First/Middle Name Frank
Additional Notes Post WWII he worked in communications around the world. Retired in 1976. During first Persian Gulf War he volunteered to serve as a radio officer aboard military sealift ships carrying heavy equipment to the Gulf.; FRANK RICHARDS 20 Jun 1916 04 May 2004 (V) 27302 (Mebane, Alamance, NC) (none specified) 117-07-9323 New York --- Frank Richards, a front-line communications specialist with the Lincoln brigade, died May 4, 2004, at the age of 87. He was born in New York City in 1916. His mother was from Romania, his father from Italy. Around 1933-34 Richards joined the U.S. Army to help with the family finances. On a whim he ended up being trained for communications; the lark became his lifelong profession. In those days communications meant the Morse code, but during his life it went on to encompass a much wider field including voice, telex, etc. Following training, he was posted to the U.S. Army intercept station in Panama. After his tour in the army, Richards returned to N.Y., where his social interests caused him to gravitate toward progressive circles. At one point during this period he was employed on a commercial high speed Morse circuit to Austria. When his partner on the other end of the circuit was replaced by the Nazis, Richards sent unprintable text regarding der Fuhrer and was immediately relieved by the company. Soon afterward, he went to Spain, where he worked with front-line communications and served with the Mac-Paps. After Pearl Harbor, Richards joined the Army Air Corps and was in on the landing at Baker Island in the Pacific. After the war, he used his experience in communications to work around the world—first in Hawaii salvaging surplus military aircraft, later in London, Beirut, and Damascus, in Venezuela for U.S. Steel, and finally in Saudi Arabia. He retired in 1976 but kept his hand in the field. As late as the first Gulf War of 1991 (at the age of 75) he volunteered and served as radio officer aboard military sea lift ships carrying heavy equipment from Germany to the Persian Gulf. - Jon Richards
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Digital Signage Case Study – Mercedes-Benz
Written By Tom Rock on 8th November 2018
Mercedes-Benz is a luxury car manufacturer that was originally founded in Germany in 1886. Today they are one of the world’s premier automobile brands. They have over 140 branches throughout the UK. These locations offer a variety of services from selling new and used vehicles, offering servicing on Mercedes-Benz cars and accommodating performance centres for Mercedes-Benz high performance vehicles. In early 2012 Mercedes-Benz approached us to enquire about Digital Signage for their dealerships. They wanted screens across multiple locations to display posters promoting their services and special offers.
Mercedes-Benz were looking for a partner to supply, deliver and install the Digital Signage solution. Mercedes-Benz main requirement was that they wanted the design and quality of their signage to reflect the high standards of the Mercedes-Benz brand. They wanted an easy to use signage solution that they could rollout across their dealerships. Mercedes-Benz reconfigure their showrooms often with new car models so they wanted freestanding screens that they could easily move around. Many of the branches already had complicated internet networks with restrictions already in place that they did not want to modify. This meant that the solution needed to have an update method that did not require internet access. There was one exception to this at their flagship Mercedes-Benz World Brooklands racing circuit in Surrey. They needed a large screen for an enclosure that they could update via the internet. This solution had to bypass all existing networks so they could send videos to it remotely without physically going to the screen.
With many screens across multiple locations we wanted to keep things simple for Mercedes-Benz. That’s why we recommended our Freestanding Android Digital Posters, which met their requirements perfectly. The Freestanding Android Digital Poster had the premium design quality that Mercedes-Benz were looking for. With their tempered glass front and rounded edges they resemble a giant smartphones and are unlike standard Digital Signage displays. Like Mercedes-Benz automobiles these screens scream elegance and style. The displays have castors in the base of the unit that makes it easy to move around the showroom when required. They also feature retractable feet so that they can be secured in position after they have been moved. The images and videos displayed on these screen can be easily updated via a USB stick and no internet access was needed. Delivering and installing the screens was relatively simple to do as there was no mounting required; they were a simple out of the box solution for Mercedes-Benz.
For the display that needed to be remotely updateable we recommended the 65” Large Format Professional Monitor. To bypass their strict network restrictions we implemented an internal 4G router. This meant that they could update content remotely via our online Content Management System.
We began supplying Mercedes-Benz in 2012 beginning with the flagship Mercedes-Benz World Brooklands dealership with a Freestanding Android Digital Poster and the monitor for the enclosure. After the success of this initial install the rollout began and in the years that followed we have forged a strong partnership with Mercedes-Benz who have continued to purchase Digital Signage solutions from us. Mercedes-Benz have found a true Digital Signage partner that matches the design ethos and quality of their own brand.
Download PDF version of this Case Study
Android, Case Study, Commentary, Retail
What is Digital Signage?
Allsee Showcases Digital Signage Solutions at FASTSIGNS 2018 ‘All Systems Grow’ UK Convention.
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Board of Directors, 2012
Jan Woodcock, Co-President
Jan Woodcock has been a full time faculty member at Umpqua Community College since 1994. She teaches psychology and human services. Jan directs the Pacific Northwest Great Teaching Seminar for community college faculty. She is a co-director of OILD (Oregon Institute for Leadership Development).
Jan has a Master’s degree in Theological Studies from Harvard University and a BA in English and Secondary Education from Westminster College. Her past jobs include junior high English teacher, elementary school counselor, hospital chaplain, and YMCA Camp Program Director. She has also worked on a tall ship in the Mediterranean, a horse ranch in Molalla, and a youth camp in Kentucky.
“I love teaching in this small southern Oregon community where I can see the deer and the river from my classroom, yet staying in touch with a broader view of reality is essential to my well being. For this reason and many others, AAWCC has been a wonderful resource to me. I always get new ideas and a better perspective on best practices and current issues.”
Cherie Maas-Anderson, Co-President, VP of Finance
Cherie Maas-Anderson has worked for Portland Community College for the past 21 years. At PCC, she has been a Service District Liaison, a Employee Relations Specialist, a Budget Operations assistant and currently employed in the English/World Languages Division. In the past, she has served as the Union VP of Membership, Grievance officer and served on numerous bargaining teams.
Cherie is currently the President for the PCC chapter of AAWCC and a recent receipt of the Carol DesJardins award. “I believe that AAWCC is a wonderful opportunity to meet people and build lasting relationships that inspire a network of professional colleagues.”
When Cherie is not at work, she enjoys spending time with friends and family, gardening, cooking and fly-fishing on the Deschutes River.
Julie Kopet, President-Elect
Julie has worked for Portland Community College for twenty-one years. She is experienced in administration, management and program development in the college. Her background includes part time teaching, a full-time faculty position, Education Manager and Director of Corrections Education. She became the Division Dean of Adult Basic skills and Career Technical Programs. Currently she is serving as the Interim Dean of Instruction and Student Services at the Southeast campus. Julie says, “Since I attended the OILD I have been attending the AAWCC conferences. I know of no better professional organization for women in our field. The organization is a positive productive force in bringing women together for the purpose of professional and personal growth, as well as the development and nurturing of relationships. I would be honored to become more involved and eventually lead the group.” Julie is currently a doctoral candidate in Community College Leadership at Oregon State University.
Karin Magnuson, Past President
Karin has worked at Linn Benton Community College for 10 years as a Training Specialist in the
Business and Employer Services Department and now serves as Department
Chair. She is a talented and creative teacher, facilitator and
instructional designer. Karin has been active in LBCC’s local chapter
of AAWCC, serving as co-President twice and holding a variety of other
offices as well. She has been a regular presenter at the AAWCC Annual
Fall Conference. Karin looks forward to the opportunity to grow and
learn with other women committed to the AAWCC mission. In her time away
from work, Karin plays the bassoon in community music groups, loves arts
and crafts and spends more time in her garden than she does doing work
in the house which, as she sees it, is at it should be!
Carol McKiel, VP of Membership
Carol McKiel has worked at Lane Community College for 4 years. She currently serves
as the director for the TRiO STEM program. Carol’s background is in elementary education.
She worked as a computer lab teacher, a 2nd and a 6th grade teacher, and had the opportunity
to teach for two years in an international elementary school in China. In 2000, however, while
teaching a reading strategies class at a community college, she found that she thoroughly enjoyed
working with adult learners. “It felt rewarding to teach children, but working with adult students
was energizing. I found that adults brought a different kind of enthusiasm for learning into the
classroom that could be inspiring.” This new career focus led her to earn an MS in Student
Personnel Services and, just recently, in 2011, a PhD in Educational Leadership from Oregon
State University.
Carol joined AAWCC during her first year at Lane. She was attracted to AAWCC
because of its commitment to developing women’s capacities. She has assisted with fundraising
activities and program planning. Carol currently serves as the VP of Communications.
Carol has a daughter and son-in-law living in Dallas, Texas and a son in Washington,
D.C. She enjoys working out at the gym during the week and walking on the beach or bicycling
with her husband on the weekend. She also enjoys attempts at gardening.
Jenni Newby, VP of Communications
Jenni Newby is an Instructional Dean at Central Oregon Community College in Bend, Oregon. She is responsible for the following instructional areas at the college: Humanities, Math, CIS, World Languages/Cultures, and Secondary Programs (Adult Basic Skills, Adult High School Diploma, and College Now).
Jenni received her B.A. in Spanish Language and Literature from Whitman College in Walla Walla, Washington, and her M.A. in Spanish Language and Literature from Washington State University in Pullman, Washington. She is currently completing her Ph.D. in Education with an emphasis on Community College Leadership from Oregon State University.
Jenni’s has held a variety of positions in community colleges and educational organizations over the course of her career from high school Spanish Instructor to community college instructor to Adult Basic Skills Manager and Interim Dean at Portland Community College to Education Specialist at the Oregon Department of Community Colleges and Workforce Development. In her role at CCWD, Jenni worked with all 17 community colleges in Oregon and the Department of Corrections.
Jenni is thrilled to join the state board and have the opportunity to work with and learn from so many amazing and talented women working in Oregon community colleges.
Currently Vacant, VP of Fall Conference
Lynn Irvin, VP of Summer Conference
Lynn Irvin, Vice President for Summer Conference has worked at Chemeketa Community College since August 1998. Her current position is with the College Support Services Division as executive assistant to the Vice President/CFO, Julie Huckestein.
An outgoing person, Lynn takes pride in the many college endeavors and activities she has been involved in at Chemeketa. She served for six years on the Wellness Committee, two years as the chair. She is very proud of creating the Wellness Health Fair held at Kickoff and the pedometer challenges held for employees every year. Lynn also coordinated the Kickoff and Wellness golf tournaments. She also serves on many committees including the President’s Advisory Council, the Insurance Task Force, the Holiday Social Committee and the Employee Recognition Event. Lynn was Chemeketa’s representative to AAWCC’s OILD in 2002 and attended the college’s LifeLong Leaders class. She participated on Chemeketa’s Portland to Coast relay team twice. This year she is serving as president of the Exempt Employees Association. Their projects this year include awarding 9 spring term scholarships to students and collect food for the food pantry and funds for the Student Relief Fund. A member of Phi Theta Kappa, she takes online and PE classes every term and loves the lifelong learning environment that is a part of the college. She was selected as the AAUW Outstanding Graduating Woman in June, 2009.
Lynn is a newlywed! She married her long-time boyfriend/fiancé, Bruce Irvin on July 7, 2012 and honeymooned in Hawaii. She is super proud of her two children. Her son, Ross graduated from Chemeketa’s automotive program in 2011. He is now owner-operator of his own business. Her daughter Sara, is a freshman at Elmira College in Elmira, New York attending on a valedictorian scholarship.
Lynn loves being a part of the state board and is really excited to put her energy and skills learned planning the summer conference into coordinating a great fall conference next year!
Donna Zmolek, VP of Records
Donna has worked at Lane Community College since 1990 and currently holds the position of Assistant to the President/Board of Education. She has been involved in AAWCC since 2000, serving on the board of Lane’s local chapter, attending activities hosted by the Oregon chapter, and participating as a national member. Donna has held the position of Secretary on the Oregon AAWCC Board since January 2007. AAWCC has had a positive impact on her life and career, and she finds it very gratifying to support the personal and professional development of women in community colleges.
Janet McIntyre, Member at Large/Special Projects
Janet McIntyre begins her second year as the Dean of Integrated Media, Performing and Visual Arts at Mt. Hood Community College. Prior to MHCC, she was the Director of the Film and Photography Programs at the Art Institute of Portland. She has taught classes in acting, directing, film studies, screenwriting, marketing and producing in the grad program at NYU, at the Manhattan School for Film and Television, and the New York Film Academy in Los Angeles. Janet received an MFA in Film from New York University and a BFA in Painting from University of Illinois. An award-winning director and producer, her documentary COVERED GIRLS, about Muslim American teenage girls post 9-11 New York, aired on SHOWTIME and played at festivals worldwide. She recently completed her first feature entitled FADED: Girls + Binge Drinking which will premiere at the 38th Northwest Filmmakers’ Festival this year. She is currently working on a biographical film on Sister Helen Prejean, the leading advocate for the abolition of the death penalty and subject of Dead Man Walking.
“I was introduced to AAWCC by attending the OILD conference this summer which was incredible and couldn’t have come at a better time. I was renewed on so many levels and received a wealth of life/work tools and managerial strategies. But more importantly I was inspired by the brave, intelligent and industrious women who shared their personal stories. I want to give back and do what I can to honor and share the spirit of AAWCC.”
Michele Cruse, Member at Large/Registration
Michele Cruse has been working for Portland Community College for 2 years as the district-wide Student Account Manager. Prior to working for PCC, she has worked as the Fiscal Manager for the Portland Housing Center, Small Business Development Manager, Branch Manager and Relationship Manager for Wells Fargo Bank, Consolidated Federal Credit Union, and Dollar Bank, respectively. She currently co-owns a small business, serves as Board Chair of Black United Fund of Oregon, and is a member of the Finance Committee for the Portland Housing Center.
In her spare time, she enjoys cooking/baking, reading, international travel, and spending quality time with her family.
Melissa Aaberg, Web Developer
Melissa started her position as a web content specialist at PCC in 2011. She joined AAWCC shortly after, and is delighted to be surrounded by strong women doing such amazing work. She has a BA in English from PSU, and prior to joining PCC worked as an art teacher, PSU UNST Mentor, and web developer for a local kid’s clothing/shoe company. Melissa is currently the webmaster for the PCC chapter of AAWCC as well, and is chair of the the PSC Community Outreach subcommittee. In her spare time, she likes to bake, practice yoga, play with her pets and make art.
Carol Schaafsma, Ex-Officio Member
Carol Schaafsma is currently Executive Vice President of Academic Affairs and Workforce Development at Linn-Benton Community College. She started this position July 1, 2006. In addition to her duties at Linn-Benton, Schaafsma has served as adjunct faculty in the Community College Leadership Program, a doctoral program at Oregon State University.
Carol received a Bachelor of Arts from Ashland University in Ashland, Ohio. She began her career in community colleges at Chemeketa Community College in Oregon working in the Child Development Center and later teaching part-time in the Early Childhood Education program. After ten years at Chemeketa, she returned to school to get her Masters of Science degree in Industrial Relations from the University of Oregon. She worked for Weyerhaeuser Paper Company in training and development for two years before coming to Linn-Benton Community College.
Carol joined LBCC in 1994 as a Training Specialist in the Training and Business Development Center. She designed and assessed curriculum and training for business and industry, and implemented a computer-based basic skills education program for local manufacturing businesses. She became Director of Professional and Business Development in 1997 and served in that capacity until 2001, when she was promoted to Director of Curriculum and Instructional Programs. In this capacity, Carol worked with faculty to develop new programs, promote the use of technology, and provide staff development opportunities, including the development of a new Center for Teaching and Learning Excellence. She also facilitated the development of a new five-year strategic plan and an accompanying vision, core values, and mission statement for the college.
Schaafsma is an Accreditation Evaluator for the Northwest Commission of Colleges and Universities. She is president of the Oregon Chapter of the American Association of Women in Community Colleges and past president of the LBCC chapter of that organization.
Mary Spilde, Ex-Officio Member
Mary Spilde, President, Lane Community College in Eugene, Oregon, August 2001 to present.
Mary joined Lane in 1995 as Vice President for Instructional Services. In 1997, she became Vice President for Instruction and Student Services. Prior to that, she served 15 years at Linn-Benton Community College in Albany, Oregon, in a variety of positions including dean of business, health, and training. Mary served on the Oregon Workforce Quality Council for six years and the Oregon Workforce Investment Board for three years as well as serving on numerous local boards.
Mary earned a bachelor’s degree in business and social systems and a law degree from the University of Edinburgh, Scotland. She completed a master’s in adult education and a doctorate in post-secondary education at Oregon State University.
Presently, Mary is past chair of the American Association of Community Colleges board of directors and serves on their Sustainability Task Force. Lane Community College is a League for Innovation in the Community College board college, and Mary currently serves as a board member and was co-editor of the League publication The Sustainable Community College: Holistic Approaches to Sustainability. She is also a board member of the American Association of Colleges and Universities and recently served on the steering committee for the American Presidents’ Commitment to Climate Control.
Julie Huckestein, Ex-Officio Member
Julie Huckestein has over 24 years of experience in community colleges and is presently the Vice President/Chief Financial Officer at Chemeketa Community College in Salem, Oregon. Prior to joining Chemeketa, Julie worked at Linn-Benton Community College. She earned an AS degree in Business Administration from Linn-Benton Community College, a BA degree in Management and Organizational Leadership from George Fox University and a Master’s degree in Education: Policy, Foundations and Administration from Portland State University; Other work experience includes seven years at an accounting firm and two years working for a non-profit organization.
Julie has been active in local AAWCC organizations for 15 years and at the state level since 1997 where she is currently one of the Directors of the Oregon Institute for Leadership Development. She was named Region X Director for the National Association for Women in Community Colleges in 2010. She has presented at various conferences on the topics of budget and finance, computer software conversions and leadership and is an evaluator for the Northwest Commission on Colleges and Universities. She attended the National Institute for Leadership Development in 2007 and the Oregon Institute for Leadership Development in 1993. She and her husband Jim have three daughters, Rachel (28), Kelly (26) and Erika (22) and one granddaughter, Hannah (20 months). She enjoys spending time with her family and friends, reading, traveling and camping.
Dawn DeWolf, Vice President for Professional Development for the National AAWCC
Dawn is from Lane Community College.
AAWCC Oregon
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Non-compliance with Supreme Court's order on ILO compliant rules on asbestos
Editor's Note: The article below is good but errs a bit with regard to Supreme Court's order dated 21 January, 2011. This order reiterated the Court's verdict in Writ Petition (Civil) No 206 of 1986 in 1995 that accepted the well established adverse effects of asbestos. While passing the judgment in the
the latter case, the Court directed all asbestos factories to keep the health records of their workers for 40 years and/or 15 years after their retirement. The second significant direction was the Government of India and the state governments have to mend their rules and regulation as per the resolution of International Labour Organisation (ILO). The ILO says eliminate asbestos of all kinds for elimination of asbestos related-diseases. It also directed that a compensation of Rs 1 lakh be paid to the asbestos victims. In effect, the Court recommended ILO compliant rules to be made by central and State governments to eliminate asbestos of all kinds. The verdict of 27th January, 1995 is the original verdict which was authored by Justice K Ramaswamy. In the 2011 order, this very order has been repeated. Even after 23 years so far there has been no compliance with this order. The report of the Advisory Committee of Labour Ministry which was set up to submit a compliance report is yet to see the light of the day.
Safe and controlled use of asbestos is not possible. It has not been possible for all the countries which have banned it. It is impossible in India too.
Dr Gopal Krishna
Ban Asbestos Network of India (BANI)
Web: www.asbestosfreeindia.org
Asbestos: Still around, still deadly
Although asbestos mining is banned in India, it continues to be imported and used in roofing sheets, insulation and brake linings. On 21 January 2011, the Supreme Court of India banned the use of asbestos in India. The Supreme Court, in the case of Consumer Education and Research Centre v. Union of India [(1995) 3SCC 42)] accepted the well established adverse effects of asbestos. However, the benefits of these enlightened judgements have yet to alter ground realities. Our buildings, and our vehicles continue to use the substance. As do our armed forces, and our railways.
Posted by BiharWatch at 2:21 AM 1 comment:
Labels: Ban Asbestos Network of India (BANI)
BANI appreciates Maharashtra Govt notification on “no use of asbestos” in its 11 regional plans
Shri Devendra Fadnavis
Hon’ble Chief Minister
Government of Maharashtra
6th Floor Mantralaya
Subject- Appreciation for Maharashtra Govt notification on “no use of asbestos” in its 11 regional plans
Dear Shri Fadnavis Jee,
With due respect this is to place on record our appreciation for your government’s notification on “no use of asbestos” in its 11 regional plans in the 23rd year of Hon’ble Supreme Court’s order in Consumer Education and Research Centre (CERC) Vs Union of India (1995 AIR 922, 1995 SCC (3) 42) that recognized right to health as part of right to life.
Having read your notification issued under Maharashtra Regional & Town Planning Act, 1966 for environment friendly tourism infrastructure underlining “no use of asbestos”, we submit that this step has set an example for centre and other States. This notification has been announced by the Urban Development Department as part of regulations for development of tourism and hospitality services under Community Nation Conservation around wildlife sanctuaries and national parks under Eleven Regional Plans (2011-2031). These eleven regions are Wardha, Bhandara, Gondia, Dhule, Nandurbar, Parbhani, Beed, Hingoli, Usmanabad, Yavatmal and Buldhana of Nagpur, Nashik, Aurangabad and Amravati Divisions respectively. The Final Regional Plans of the Thane -Palghar-Raigad Region and Nanded regions also make specific reference to “no use of asbestos”.
We submit that Union Ministry of Environment and Forests informed the Parliament that “The UNEP/ILO/WHO in its report on Chrysotile Asbestos (1998) has, inter alia, concluded that exposure to chrysotile asbestos poses increased risks for asbestosis, lung cancer and Mesothelioma in a dose-dependent manner and no threshold has been identified for carcinogenic risks”.
In such a backdrop, it is relevant to recall the asbestos situation in Maharashtra. In a reply dated May 10, 2012, V S Moray, Director, Directorate of Industrial Safety & Health (DISH), Government of Maharashtra has informed that “1. As of today total number of Asbestos manipulating units in the State of Maharashtra are 16 (sixteen) and about 2696 workers are working there in.
2. Directorate of Industrial Safety & Health, Maharashtra is regularly carrying out the medical examination of all workers in these factories. Health register of all these workers are maintained as prescribed under Factories Act 1948.
3. Maharashtra Factories Rules 1963 has a Special Schedule which covers factories using asbestos. The Safety and Health provision of Schedule XVII under rule 114 are scrupulously and periodically monitored by DISH.
4. As per provision of Schedule XVII of Rule 114 of the Maharashtra Factories Rules 1963, monitoring of air for evaluation of airborne asbestos dust is mandatory for these factories. The Industrial Hygiene Laboratory of DISH in the year 2011 has conducted air monitoring survey of 5 factories on sample basis. The asbestos fiber counts are found below permissible exposure limit.
5. Directorate of Industrial Safety & Health has not detected any cases of Asbestosis & mesothelioma so far.
6. To create awareness about Asbestosis & mesothelioma a seminar on “Occupational Lung Diseases” was organized by the Directorate for Authorized Certifying Surgeons, Factory medical officers and Safety Officers.
7. The State Government has already issued a notification in the year 1997, under section 85 of the Factories Act, 1948 for factories using asbestos, which declare that all the provisions of the Act is applied to all places or premises, wherein the handling and processing of Asbestos is done even if the number of workers is less than ten.”
We submit that this reply did not reveal the fact that there are workers in Maharashtra who have been compensated for asbestos related diseases. It has been reported in the newspapers as well. It is quite sad that these victims got meager compensation through out of court settlement.
The ubiquitous nature of asbestos situation is demonstrated best in its expanse and in its density in Maharashtra. There are asbestos factories in the Mumbai, Pune, Kolhapur, Kalyan, Nashik, Thane and Aurangabad region. In Nagpur, Amravati, Navi Mumbai and Raigad region, there is no unit engaged in manufacturing of asbestos but asbestos products are quite visible everywhere. Although Maharashtra Pollution Control Board is aware of the unacknowledged public health crisis that is lurking in the state, it has failed to undertake any action to make the state asbestos free.
We submit the fact that the health records of about 2696 workers working in some 16 factories is yet to be examined. The fact is there 19 factories in the State. Between April‐June 2008, 260 workers were surveyed and PFT tests conducted, 170 workers referred for x‐rays. 45 workers were confirmed for asbestosis. Later 530 workers were surveyed. 92 confirmed cases of absestosis were diagnosed. So far 133 cases have been found to be confirmed cases of asbestosis have been found in this factory, with 2 cases of lung cancer and one case of larynx cancer. Claims were filed in the T&N Trust in the UK for compensation of affected workers. The compensation has been awarded in an out of court arrangement but the compensation amount is too low to be of any real comfort.
We submit that from 1934 to 1994 T&N operated asbestos factories in India. Their Ferodo factory in Mumbai employed 1200 workers. Ninety seven of those workers have now been awarded compensation for their asbestosis caused by exposure to asbestos dust whilst working at the Ferodo Factory. Turner and Newall Ltd. was created in 1920 by the merger of four established UK asbestos firms. T&N played a leading role in the UK asbestos industry. In 1964, a T&N company reorganization brought Hindustan Ferodo into existence. This factory was meant to be similar to T&N's plant in Rochdale, England, which also had a wide range of asbestos products but the experience of Union Carbide Corporation’s subsidiary in Bhopal reveals that such plants are never similar.
We submit that it is the first time that the T and N asbestos trust has paid compensation out to asbestos disease victims in India and it is understood that there may be many more claims for compensation for asbestos related diseases including asbestosis, mesothelioma, lung cancer and asbestos related pleural thickening. Turner and Newall was the largest UK asbestos company and operated many sites in the UK and abroad. In 2001 this company went set up a fund to pay compensation to asbestos disease victims who had been exposed to asbestos dust by its various companies. In November, 2010, 97 Indian citizens were awarded compensation believed to be in excess of £420,000 from the trust fund set up by UK 27 company Turner and Newall PLC. The total of these claims currently being paid out is Rs 30,458,881. Some 50 claims from among the former workers are being processed.
We submit that Turner & Newall Ltd. (T&N) operated asbestos factories in India for more than 60 years. The company processed asbestos and sold a range of products including asbestos-cement building materials as well as asbestos-containing textiles, jointings, brake linings, friction materials and millboards from sites in Kymore (Madhya Pradesh), Mulund, Sewri and Ghatkopar (Mumbai), Garden Reach (Calcutta) and Podanur (Tamil Nadu). In 1994, T&N sold off its remaining assets in India. Ninety-five of the successful claimants had contracted asbestosis as a result of their employment at the Hindustan Ferodo factory in Mumbai. The other two claimants received compensation for secondary exposure to T&N asbestos such as that which takes place when a wife washes her husband's contaminated work clothes.
We submit that Shri Ravindra Ganpat Mohite, a trade union leader from former T&N company Hindustan Ferodo and an asbestosis sufferer himself has reportedly said, “The receipt of this money marks an important step in workers' rights in India. To our knowledge, this is the first time that Indian workers have obtained compensation for occupational disease sustained at the hands of a foreign employer. Negotiating the bureaucratic process, identifying injured workers, accumulating evidence of employment and obtaining medical diagnoses has been a massive logistical effort. I would like to pay tribute to all those involved in this process including health and safety campaigners in India and the UK, trade unionists, doctors and legal professionals. The receipt of this compensation is an acknowledgment of the wrong which has been done to the workforce and as such is a warning to current employers that they will be held to account for the harm they do to their employees.” The fact remains the meager amounts paid by the T&N trust is an act of adding insult to the injury suffered by the victims of asbestos related diseases. The silence of the State Government in this regard is deafening.
We submit that State Government’s reply to National Human Rights Commission did not reveal the status of the procurement of asbestos based products by the State Government and the residents of the State.
We wish to draw your attention towards the news report "They lied to me for 15 years of my life, says asbestosis-afflicted labourer" (21 July 2014, Sharad Vyas, Mid Day). It has reported how Yogesh Sawant, a worker who was being exposed to asbestos on a daily basis and was repeatedly assured by factory owners and doctors that everything was fine, was diagnosed with asbestosis by NIOH, a central agency.
We submit that this news report quotes the internal report prepared by Shri Moray which reads
“These doctors are repeatedly inspecting the factories with our own team that is monitoring situations in the factory. Yet, this visit by NIOH has exposed our weaknesses and left a big question mark over our inspections, supervision, and medical examination methods. This is a
big embarrassment for Maharashtra.” The 100-odd private doctors are monitored by a single government surgeon, who not only authorizes but performs medical examinations as well. The lone government surgeon for Maharashtra, Dr Atul Band, conducted 2,500 tests last year and confirmed the 13 cases highlighted by the NIOH. “There is a clear nexus of private doctors and factory inspectors. This nexus is just fooling the people of Maharashtra into believing that all is well in our factories and industries. But unfortunately that is not the case,” he is quoted as having said. When he was repeatedly asked to provide details of industrial cases detected by certified private doctors, Moray said: “This is confidential information and not in the public domain, as much as we want to keep things transparent.”
We submit that the NIOH inspection report accessed by Mid-Day under the RTI Act reveals how factory owners and managers were allowed to go scot-free despite violating norms. The inspections revealed that 23 asbestos factories, host to 2,583 workers, and several other factories in the MMR region were not conducting the mandatory membrane filter test to monitor presence of asbestos fibre in the work environment, and were not even conducting awareness training programmes for the workers. The inspections found M/s Ashadeep Frictions, M/s Graphics India (Ambernath), Eastwell Asbestos Industries (Ulhasnagar), Hyderabad Industries (Thane), Mechanical Packaging (Tarapur), Nella Asbestos (Dahanu) and Wilson Products (Kolhapur), not carrying out the all-important membrane tests. Of the seven inspections in Thane, six factories had not organized training programmes for workers — M/s Champion Seals, M/s Mechanical Packaging, M/s Standard Clutches & Spares, M/s Standard Friction, M/s Ashadeep Frictions and Graphics India. The inspections found that nine of asbestosis were detected by NIOH.
We submit that as per the news report State government had ordered an inquiry in all these cases which were first found negative by private doctors. Your government ought to seek the report on the inquiry and initiate action for legal remedy and just compensation to the victims of asbestos related diseases. The news report is available at: http://www.mid-day.com/articles/they-lied-to-me-for-15-years-of-my-life-says-asbestosis-afflicted-labourer/15463184
We submit that these companies should be asked to switch non-asbestos materials in the light of the fact that more than 60 countries have banned white asbestos mineral fibers that causes incurable lung cancer according to World Health Organisation (WHO).
Like other states, Maharashtra does not have environmental and occupational health infrastructure in place to diagnose asbestos related diseases, in such a situation we seek your urgent intervention to safeguard the health of present and future generations.
Kindly allow us to submit the following:
1- Seek a report from all the hospitals about asbestos related victims attended by them and consider issuing an order preparing a list of asbestos laden public buildings in Maharashtra.
2- Seek a database of victims of asbestos related diseases, asbestos laden buildings, an inventory of asbestos based products, a database of hospitals which can diagnose the disease and a database of agencies which are competent to decontaminate asbestos from existing buildings will be help for the present and future generation of Maharashtra residents and will pave the way for other states and the centre.
3- Te database of the workers employed in asbestos based factories and asbestos laden buildings, ships and vehicles must be examined and their health check up by a panel of doctors who can certify asbestos related diseases must be formed to diagnose the diseases.
4- All the medical colleges and hospitals may be asked to submit report on patients who were diagnosed to be exposed to fibers of asbestos. This will help steps in the direction of legal and medical remedy.
5- The roadmap for making Maharashtra India's first asbestos free state must be announced so that other states in general and neighboring states in particular follow this example.
6- As per the directions of the Hon’ble Supreme Court dated January 27, 1995 in the Writ Petition (Civil) No. 206 of 1986 both central and State Governments were asked to incorporate fresh resolution of ILO in their rules and regulations. Your Government should incorporate the ILO resolution dated June 14, 2006.
7- Your government can set up a committee to incorporate the resolutions of ILO and WHO. Both the resolutions are attached besides 'WHO's outline for the Development of National Programmes for elimination of asbestos related diseases'', 'Report of the World Health Organization workshop on mechanisms of fibre carcinogenesis and assessment of chrysotile asbestos substitutes' and other relevant documents of WHO.
We submit that National Human Rights Commission (NHRC) passed an order in Case No: 693/30/97-98 recommending that the asbestos sheets roofing be replaced with roofing made up of some other material that would not be harmful.
We submit that Government should ensure decontamination of asbestos from the old schools and ensure that no asbestos roofs or any asbestos material is used in any school or public or private building in Maharashtra. This will go a long way in combating fatal diseases caused corporate crimes and in making Maharashtra the first state in the country to adopt zero-tolerance policy towards the killer asbestos fibers.
We will be happy to meet you to share relevant information in this regard.
Thanking you in anticipation.
Ban Asbestos Network of India (BANI)*
Mb: 08227816731, 09818089660,
E-mail-krishnagreen@gmail.com
*Asbestos free India campaign of Ban Asbestos Network of India (BANI) has been working for environmental and occupational health justice for last 17 years.
Posted by BiharWatch at 10:58 PM No comments:
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Does China Force Foreign Firms to Surrender Their Sensitive Technology?
Nicholas R. Lardy (PIIE)
China Daily via REUTERS
A major source of friction in the economic negotiations between the United States and China is the accusation by the US government that US firms that want to do business in China are forced into joint venture arrangements in which they must surrender access to their advanced technology. This charge has echoed through many official statements and reports, and the Trump administration has cited the issue many times as part of its agenda with the Chinese leadership.
The problem certainly does exist, most experts agree. But the data suggest that its magnitude has diminished over time. Instead of launching a broadside implying that all foreign direct investment (FDI) into China involves forced technology transfer, the United States Trade Representative (USTR), Robert Lighthizer—who is now in charge of the US-China trade dialogue—should acknowledge the problem is receding and focus criticism on the few key sectors where joint ventures are still required. Better yet, the USTR should file cases in Geneva that would demonstrate conclusively that China is in violation of its WTO commitment not to require technology transfer as a condition for accessing its market.
In the early years of China’s opening, virtually all FDI in China was in the form of joint ventures. The foreign contribution to a joint venture invariably included technology, which meant the Chinese partner had immediate access. Indeed, China’s legislative body did not establish the legal framework for establishing wholly foreign-owned companies until 1986. Even after the law was promulgated, joint ventures continued to dominate for a few years; in 1987–88 an average of only 10 percent of the value of contracted FDI was wholly foreign owned.
However, as shown in the figure below, by 2000, on the eve of China’s accession to the World Trade Organization, almost half of actual incoming FDI was in wholly foreign-owned firms. This share rose to an average of almost 80 percent in 2008–14 before falling to around 70 percent in the last few years, as the composition of FDI shifted toward more restrictive sectors. In a wholly foreign-owned firm there is no transfer of technology, and the foreign firm can take the same steps it would take in any other market to prevent its technology from leaking to domestic firms.
The long-term rise in the share of direct investment by wholly foreign-owned firms reflects China’s gradual liberalization of its FDI regime. Foreign ownership caps, which were once pervasive, have been gradually lifted. In manufacturing, for example, by 2017 caps applied only to automobiles and commercial aircraft. But this year even these sectors have been liberalized. The foreign equity cap for manufacturing new energy vehicles has been removed. Tesla has approval for a Gigafactory in Shanghai that will initially produce 250,000 electric vehicles and battery packs annually, with the capacity to double output over time. The plant will be wholly foreign owned, so Tesla will not be required to share its leading electric vehicle technology. Foreign ownership caps are scheduled for removal for conventional commercial and passenger vehicles in 2020 and 2022, respectively. BMW has already reached an agreement to increase its 50 percent ownership share in its existing joint venture plant in Shenyang to 75 percent. Foreign investment in the manufacture of commercial aircraft must still be in a joint venture, but this year the authorities removed the previous requirement that the Chinese partner must be the controlling shareholder.
Although slower, liberalization has also occurred in some services. Wholly foreign-owned hotels, restaurants, and retail stores have been widespread in China for decades. More recently, the Chinese government has been phasing out ownership caps in banking, securities, asset management, and insurance. The regulators have recently approved the first majority foreign-owned securities firm and the first wholly foreign-owned insurance holding company. And the French insurance firm AXA has just bought out its domestic joint venture partner, creating overnight the first top 20 property and casualty insurance company that is wholly foreign owned. These examples are likely the first in a wave of new foreign investment in financial services, as foreign firms seek to take advantage of the new ownership arrangements that allow them to exercise control.
As China’s liberalization of its foreign investment environment continues, the share of investment in the form of wholly foreign-owned firms is likely to rise gradually. The USTR should accelerate this process by bringing cases in Geneva that involve forced technology transfer.
https://piie.com/blogs/china-economic-watch/does-china-force-foreign-firms-surrender-their-sensitive-technology
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Review: 12 Years a Slave
Steve McQueen's 12 Years a Slave is one of those movies you have to see, almost as though a penance or homework assignment. It's a work of magnificence that you need to have experienced if you want to expose yourself to the best that moviedom has to offer. You know that you are in for an uncomfortable experience from the get-go, and just have to deal with that reality, wince and deal.
Based on the 1853 Solomon Northup memoir about a free man who was kidnapped and sold into slavery, the film is out to reveal the grotesque realities of human subjugation. The grime, crushing workloads, barnyard-like living conditions and cruel mental and physical tortures. It's one thing to see an innocent man whipped to a bloody pulp by a sadistic master, but quite another to see the master force another slave to elicit the whipping. Forced participation in cruelty is an ongoing theme in the movie, which explores the social strata of the slave and the interwoven levels of injustice and abuse of power all the way down through the chain of misery.
Chiwetel Ejiofor thoroughly owns the film in the lead. I hate to be one of those guys who is so stunned by a performance then runs out and declares that he absolutely needs to win the Oscar, but I have to do it here. Sure, there are about 20 or 30 movies yet to come out that I need to see before I can say such a thing with any kind of authority, but Ejiofor is so amazing here that it's almost impossible to imagine anyone out-doing him. So either he will win the Oscar or he will be robbed.
Brad Pitt pops up in a minor but crucial role late in the film, and Paul Giamatti makes a mark as a slimy slave wholesaler, but the real work comes from Ejiofor, Michael Fassbender as a disgustingly vindictive master and Lupita Nyong'o as his unwilling mistress. All three performances are enthrallingly awards-caliber, and while it's trite to boil down artistic work to that level, I want them to be recognized so badly that I can't help myself.
The movie is well paced, devastating and eventually uplifting in its strange, harried ways, but it's not quite worthy of its performances. Like The Passion of the Christ, there's a disturbing obsession with flesh being ripped from the bone. The graphic cinematography leaves no detail to the imagination. Reaction shots accompanied by sounds, which McQueen uses sparingly, are more effective at showing the devastation of lashings and lynchings, but he sticks to the gory, incredibly realized details.
The film wants to hurt you, knows you are terrified of what it will show you, then shows you way more than you bargained for. Two critics I watched the film with stormed out in disgust, and I suspect many audiences will do just the same. It normally bothers me when people do that, but I can't really blame them. I just happen to be one of the people who was stuck to his chair, unable to move even if I wanted to.
Starring Chiwetel Ejiofor, Michael Fassbender, Brad Pitt, Paul Giamatti and Sarah Paulson. Written by John Ridley, based on the Solomon Northup book. Directed by Steve McQueen. 113 minutes. Rated R.
Ruminations On The Direction Of New Girl
I think I'm ready for Nick and Jessica to end their relationship. We'll see if the writers can continue to explore the relationship for humor. They are doing a good job but it's getting strained.
I am at the point where I think they have accomplished brilliance and doubt it can stay this good, unless there is another dynamic shift. And there have been quite a few of those over the two-plus seasons. The writers have proven that they are not afraid to shake things up and change paradigms.
Usually, a sitcom will wear out the platonic romance thing for the whole run of the show, Who's the Boss style, or the four or whatever seasons of Pam-Jim in The Office.
I think they ended the Schmidt-Cece fling too early. He did not deserve her, so it's only fair. And in a way she did not deserve him, for nearly going through with the whole wedding charade just to please her family. But still, it hurts that he screwed up his second shot with her.
But he kind of has to be a doofus who messes everything up. A Schmidt who acts rationally and makes good choices is not a funny Schmidt.He has to be an overzealous wannabe bro, who never quite knows how to bro it up properly.
Nick, in the long run, has to be an untame-able manchild, and Jess has to be someone amazing for whom love never quite works out. Eternally nearly missing out on the romance she so badly desires.
One of the things I like about Nick-Jess is how screwed up and awkward their relationship is. If they can keep that going, and keep them always hanging by a thread and never blissfully at peace with their love, then the relationship can continue to be funny.
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What Is The National Flower of Germany?
Cornflower is the national flower of Germany. Centaurea cyanus is the scientific name of Cornflower. There is much reason for which the blue cornflower is the national flower of Germany. This eye-catching blue-violet bloom became symbolic of Germany during the 19th century due to its color, Prussian blue. During this time in Germany, it was customary for unmarried men and women to converse their marital status by wearing the flower in their buttonholes.
It is available in excess amount throughout the country. It is not only the national flower of Germany but also the symbol of Estonian political party (Finnish Party). It is famous for its unique uses and beauty. Germany’s national flower symbol, Blue Cornflower is considered as a romantic and inspirational flower.
Facts about Germany’s National Flower (Cornflower)
Common Name: Cornflower or knapweed
Genus: Centaurea
Species: cyanus
Found in: The rolling green hills of Germany
Color: ntense or bright blue and many other shades of blue.
Number of petals: more than 50
Time of blooming: June to September
Purpose: Decorative and Medicinal
Symbolism: Romanticism, social liberalism.
Cornflower is the national flower symbol of Germany. In the past it often grew as a weed in cornfields (in the broad sense of the word “corn”, referring to grains, such as wheat, barley, rye, or oats), hence its name. The reason why it is considered as the national flower of German people is partly due to the story that when Queen Louise of Prussia was fleeing Berlin and pursued by Napoleon’s forces where she hid her children in a field of cornflowers and kept them quiet by weaving wreaths for them from the flowers.
The flower thus became identified with Prussia. The national flower of Germany, knapweed or cornflower is a herbaceous plant that belongs to family Asteraceae and Centaurea as a genus. It is an annual growing flower with grey-green branch stems. It can grow from 16 inches to 35 inches tall. The leaves of the flower can grow from 1 cm 4 cm long. The flowers of this species are 1.5 cm to 3 cm in diameter and its color is intense blue or deep blue. The blue pigment is protocyanin. Protocyanin is an anthocyanin that is responsible for the red color of roses but in cornflower it gives a blue color. The gorgeous blue flowers of this plant are used for decorative purposes in bouquets, hair ornaments, and corsages.
This flower has a nickname “bachelor’s button” and it refers to old practice of some men to wear cornflower in one of the buttonholes on their suit when they are in love or when they are ready for courting. In folklore, cornflowers were worn by young men in love; if the flower faded too quickly, it was taken as a sign that the man’s love was not returned. These stunningly beautiful cornflowers are not only famous for their beauty, they are also well known for their health benefits and medicinal properties. The most commonly known use of cornflowers is the ability to revive tired eyes and ease eye strain. A tablespoon of fresh petals into a cup of boiling water allowed to steep for five minutes and then cooled completely makes for a great eye lotion.
Cornflower contains biotin that helps in strengthening the nails, prevents and treats nail infections, and treats hair problems like dandruff. Cornflower also produces edible flowers that have cucumber-like taste and this edible flower can be used for culinary decoration, for example to add color to salads. Cornflowers have been used and prized historically for their blue pigment. Cornflower is often used as an ingredient in some tea blends and herbal teas, and is famous in the Lady Grey blend of Twinings.
To sum up, Cornflower is the official national flower of Germany. Because of its magnificent beauty, medicinal properties and the connection to national history, there is no wonder why it is the most deserving flower to be held as a national symbol of Germany.
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'War on terror' has been a 'disaster': British think tank The Oxford Research Group (ORG) said in a report that Western strategy since the September 11, 2001 attacks on the United States had failed to extinguish the threat from Islamist extremism and even fuelled it.
US steps up accusations against Iran ** Statements like those by General Petraeus could be part of an attempt to turn US public opinion in favour of military action against Iran - in particular, air strikes against revolutionary guard bases.
6 years later, US expands Afghan base Originally envisioned as a temporary home for invading U.S. forces, the sprawling American base at Bagram, a former Soviet outpost in the shadow of the towering Hindu Kush mountains, is growing in size by nearly a third.
Blast fuels fears Iran is involved Making the case for war.
Hundreds of Iraqi refugees in Syria protest against US Senate Hundreds of Iraqi refugees staged a sit-in in Damascus on Saturday to protest against a recent nonbinding US Senate resolution that encourages splitting Iraq along ethnic and religious lines.
Giuliani raps Clinton on Iraq, Iran Giuliani said he has made it clear that he would not allow Iran to become a nuclear power and would not rule out military action to stop that from happening.
Iran to re-open its border with Iraq Iran will re-opens its border with Iraq on Sunday after a two-week closure to protest at the detention of an Iranian by US troops, the semi-official news agency Fars reported.
The Ron Paul Breakthrough Ron Paul - one of the good guys.
The Big Lie: 'Iran Is a Threat' by Scott Ritter ** On every point, the case made against Iran collapses upon closer scrutiny. ....Most if not all the claims made by the United States concerning Iranian military involvement in Iraq and Afghanistan have not been backed up with anything stronger than rhetoric, and more often than not are subsequently contradicted by other military and governmental officials, citing a lack of specific evidence. Iran as a nation represents absolutely no threat to the national security of the United States, or of its major allies in the region, including Israel......The fact of the matter is that the ?Iranian Threat? is derived solely from the rhetoric of those who appear to seek confrontation between the United States and Iran, and largely divorced from fact-based reality.
Rep. Ron Paul: I advocate the same foreign policy the Founding Fathers would A Paul administration would see Americans engaged overseas like never before, in business and cultural activities. But a Paul administration would never attempt to export democracy or other values at the barrel of a gun, as we have seen over and over again that this is a counterproductive approach that actually leads the United States to be resented and more isolated in the world.
GOP candidate calls for troop withdrawal Rep. Ron Paul believes political leaders are pumping up the threat of terrorism to accomplish political goals. Paul, the 10-term Texas congressman, told Monitor reporters and editors that concerns about the country's security have been overblown to justify needless foreign invasions and domestic surveillance programs....."As long as we occupy Muslims' countries, our danger is always growing," he said. "So, I think we're in a much more dangerous time now than we were before 9/11 because instead of wising up, what we've done is more of the wrong thing."
13 Turkish soldiers killed near Iraq border Kurdish fighters from the separatist group PKK have killed 13 Turkish soldiers in an attack near the border with Iraq, one of the heaviest losses suffered by the Turkish military in conflicts with the group.
'Jewish, Armenian groups defaming us' Babacan said Ankara expected the US administration, the Iraqi government and the administration in northern Iraq to take action against the PKK operating from northern Iraq.
Fire ravages border camp for Palestinian-Iraqi refugees A raging fire swept through the Al-Tanf refugee camp on the Syrian side of the Syrian-Iraqi border on 6 October injuring 25 Palestinian-Iraqi refugees and burning down 53 tents in the isolated camp, the UN Refugee Agency (UNHCR) reported on 7 October.
Clinton's Iran Vote Prompts A Harsh Back-and-Forth ** Rolph asked Clinton to explain her Senate vote Wednesday for a resolution urging the Bush administration to label the Iranian Revolutionary Guard Corps a terrorist organization. Rolph interpreted that measure as giving Bush authority to use military action against the Iranians.
Neocons Converge Around Giuliani Campaign Podhoretz is in favor of bombing Iran because of the country's unwillingness to suspend its uranium-enrichment program. He also believes America is engaged in a "world war" with "Islamofascism" and that Giuliani is the only man who can win it......what's left of the neocon movement does seem to be converging around the Giuliani campaign, to some degree, because he embraces their common themes Clue: The Israel Factor, a site that ranks candidates based on their support of Israel, has Giuliani ranked at number 1. The author of this piece goes on to suggest that neocons are in line with Giuliani's pro-Israeli views, as are most American voters. Hogwash. The name of this game is which candidate can kowtow the lowest to the Israeli Lobby.
WJC officials meet Pope Benedict Lauder and Schneider were scheduled to meet later Monday with Italian President Giorgio Napolitano. They were expected to call on Italy to take a firm stance against the intentions of Iran to develop nuclear capabilities.
Turkey says not to let airspace be used against Syria
Israeli president brands Iran 'centre of global terror' "Iran is the greatest terrorist centre in the world today," he said, adding that "it is openly building an arsenal of long-range missiles and, secretely, nuclear weapons.
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Top » Catalog » GREEK » 3LPs-set
[3LPs-set] LABEL: PRIVATE 36.00EUR
A journey into an unknown land. An ancient mechanism. A prophecy. Naxatras release their much anticipated third on March 16th. Filled with their usual psychedelic jams, "III" demonstrates the trio's stylistic expansion towards progressive-rock, jazz and acid-rock territories, under their unmistakable organic sound approach and cinematic narratives. Recorded once again on analog at Magnetic Fidelity and engineered by Jesus I. Agnew, "III", except the core trio of John Delias, John Vagenas and Kostas Harizanis, features guest Filon Geropoulos on Bowed Cymbal and Rhythm and Acoustic Guitar and their "trademark" artwork by Chris RW. Released in high-quality 180g. triple-vinyl (shorter sides for maximum sound quality) with an analog cutting from the original master tapes by Jesus I. Agnew at Magnetic Fidelity. Comes in a stunning triple-gatefold cover with black sleeves. Naxatras is a hard psychedelic rock band from Greece. They play a warm psychedelia full of fat grooves, dreamy melodies, heavy riffs and trippy guitar solos all with the vintage touch of the 70's. They have been playing since 2012, developing their sound and finally recorded their first full-length album in a 100% analog way at Magnetic Fidelity (a studio in rural northern Greece) with Jesus Agnew, an engineer experienced in the field of analog and DIY recordings. Only analog equipment was/were used in the recording-mixing-mastering stages of the album. All the songs in the record were performed entirely live during just one day. In 2016 they released their second full length album "II" as well as an EP, once more fully analog and live. The band does high-energy live performances combining elements of psychedelic/progressive rock, stoner, funk, jazz and eastern music with a trippy video wall to accomplish full stimulation of the senses. In summer 2015 they went on their first tour playing 5 countries in the Balkans. In summer 2016 they toured Europe once more playing more than 10 different countries including Italy, Spain, France, Germany, Switzerland, Belgium, Hungary, Austria, Croatia and Netherlands. In 2017, they released the single "All the Stars Collide Into a Single Ray" and recorded their third full-length album, using similar fully analog and live techniques. In autumn 2017 they toured for the third time for 40 days and have now performed in most European countries and many distinguished festivals, including Lake On Fire, Void Fest and Keep It Low.
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Ansa Fashion & Luxury
Bulgari Heritage jewels on show
At Palazzo Venezia and Castel Sant'Angelo through November 3
26 June 201913:45 News
(ANSA) - Rome, June 26 - An exhibition of the most beautiful jewels from the Bulgari Heritage collection, including those belonging to and worn by actresses in the iconic "dolce vita" period of the late 1950s and early 1960s, opens to the public on Wednesday at two museum sites in Rome.
The exhibition - "Bulgari: The History, The Dream" - will be hosted at Castel Sant'Angelo and Palazzo Venezia through November 3, and was created by the director of the museums of the Lazio region, Edith Gabrielli, in collaboration with Bulgari.
The jewels in the show, some of which are going on display to the public for the first time, were selected by an expert committee made up of Francesco Benigno of the Scuola Normale Superiore in Pisa; Chiara Ottaviano, a historian and sociologist specialised in mass communications and the show's curator; Daniela Luigia Caglioti of the University of Naples Federico II; and Emanuela Scarpellini of the University of Milan.
The topics related to the style and creativity of Bulgari were developed by Lucia Boscaini, Bulgari brand and heritage curator.
In addition to jewels, the show includes archival documents and vintage photographs and videos covering more than 100 years in the history of the brand created by Sotirio Bulgari, a talented silversmith who came to Rome from Greece in 1884. The show also includes haute couture pieces from the private collection of fashion collector Cecilia Matteucci Lavarini, which show fashion trends from the various periods on display. The jewelry in the show includes pieces that belonged to and were worn by actresses such as Elizabeth Taylor, Gina Lollobrigida, Ingrid Bergman, Anna Magnani and Audrey Hepburn, as a testament to the brand's international appeal in the post-WWII period, a critical time for rebuilding in Rome and Italy overall.
The iconic markers of the Bulgari brand are highlighted in the pieces selected for the show, demonstrating how Bulgari is a quintessentially Italian jewelry house with deep roots that are continually evolving with the times.
Pieces on display include jewels with motifs of ancient gold coins, as well as modular creations from the 1980s and 90s that could be worn at any time of the day, highlighting the brand's evolution to accommodate career women.
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Categorized | Civil Liberties, Criminal Justice
Call for criminal sanctions against care home owners
Posted on 24 January 2013. Tags: BBC’s Panorama, Castlebeck Care, criminal abuse, Lib Dem MP Paul Burstow, Norman Lamb, patients, The Care Quality Commission, Winterbourne View Hospital near Bristol
In May 2011 an undercover investigation by the BBC’s Panorama programme revealed criminal abuse by staff of patients at Winterbourne View Hospital near Bristol.
After the broadcast Winterbourne View closed, with the remaining residents placed in other settings. A Serious Case Review was undertaken and the police launched their own investigations, with 11 criminal convictions. The Care Quality Commission (CQC) inspected all hospitals and homes operated by Winterbourne View’s owners (Castlebeck Care)
and conducted a wider “health check”, inspecting 150 learning disability services across England.
In addition the Government set up its own Review, led by the Department of Health. In December the government published its final report and set out a programme of action to transform services so that vulnerable people no longer live inappropriately in hospitals and are cared for in line with best practice.
In an introduction to the final report, the minister of state, Norman Lamb, wrote: “What happened at Winterbourne View hospital was criminal. Six former members of staff at Winterbourne View hospital were jailed for the terrible crimes they committed. There was a clear failure by the hospital, but the Serious Case Review showed that there was a wider failure across the whole system.”
He added: “When such failures happen, there should be consequences for everyone involved. The plans to change the law (or regulatory framework) will mean that Boards, Directors and Managers who run hospitals where abuse happens will face consequences. This will send out a strong message to Boards, Directors and Managers that the care and wellbeing of people they care for is their responsibility.”
Former health minister and Lib Dem MP Paul Burstow said: “Everyone was shocked that the company in charge of Winterbourne View was not put in the dock to face criminal charges. It is not good enough for the thugs who carry out this kind of abuse to receive a criminal conviction, when the companies in charge have no criminal corporate accountability whatsoever. It’s about time those who take the fees, and employ and manage the staff in care homes are held to account for abuse and neglect that takes place on their watch.”
In a 10-minute rule motion in the House of Commons on Wednesday, Burstow sought leave to introduce a bill which proposes a new offence of corporate neglect where senior management allowed abuse to occur and introduces a new offence of corporate neglect. He told the House: “My Bill has two elements: to improve adult safeguarding and to close a loophole in the criminal law…It would force weak boards of directors to pull their socks up, visiting their services, talking to and, vitally, listening to the people who use those services and listening to and including the families of those whom they are caring for.” Leave was granted and the bill will be read for the second time on 1 March.
Photo courtesy of Marilyn Peddle
« Privatising probation
A Time of Change »
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AGM Materials
QwikReport
TSX-V: ASL
Argentum Signs Non-Binding Letter of Intent to Merge with Norsemont II
(April 25, 2019: Toronto, Canada) Argentum Silver Corporation (TSX.V: ASL) ("Argentum" or the "Company") is pleased to announce that the Company has signed a non-binding letter of intent ("LOI") with Norsemont II Resources Corp. ("Norsemont"), a private Ontario company. Norsemont owns a 100% interest in the Cochavara Silver-Lead-Zinc Project ("Cochavara") in Northern Peru. The transaction contemplated by the LOI is a related party transaction. Cochavara consists of six concessions totalling 1979 hectares located in the Department of La Libertad in Northern Peru, approximately 70 kilometres east of the city of Trujillo.
The historic Quiruvilca silver/lead/zinc mine ("Quiruvilca") is located 3.5 kilometres northeast of the northern boundary of the Cochavara Project area. Quiruvilca is a large polymetallic vein deposit with over 130 different mineralized structures hosted in the Mid-Miocene Calipuy volcanic complex. The mineralization at Quiruvilca is contained in a series of narrow veins filling fractures and faults. Although narrow, the veins tend to have an extensive lateral and vertical continuity. Production from the Quiruvilca mine was first recorded in 1789, and has been mined on an industrial scale since 1924. More recently, Pan American Silver acquired the Quiruvilca mine in 1995 and sold the mine to a private company in 2012. Cochavara currently has a valid exploitation permit to extract mineral for processing at third-party plants.
Terms of the LOI
Subject to regulatory and all other necessary approvals, Argentum will acquire all the issued and outstanding securities of Norsemont in exchange for $500,000 worth of common shares in the capital of Argentum at a price per share equal to the five-day volume-weighted average trading price of the Argentum shares prior to signing a definitive agreement with respect to the proposed acquisition. In addition, holders of convertible securities of Norsemont will receive replacement securities having similar economic terms. Following completion of the acquisition, Argentum will provide the ongoing management team for the Company and the shareholders of Norsemont will be entitled to have one nominee appointed to the board of directors of Argentum.
Completion of the acquisition is subject to several conditions, including TSX Venture Exchange ("TSXV") final acceptance, completion of due diligence, entering into of a definitive acquisition agreement, board and minority shareholder approval, if necessary. There can be no assurance that the acquisition will be completed as proposed or at all. Trading in the securities of Argentum should be considered speculative.
Pursuant to Multilateral Instrument 61-101 -- Protection of Minority Security Holders ("MI 61-101"), which is incorporated by reference into the policies of the TSXV under Policy 5.9, the LOI constitutes a "related party transaction" as a result of Sprott Mining Inc. ("Sprott Mining"), a corporation controlled by Eric Sprott, being a control person of Argentum and a control person of Norsemont. Argentum intends to rely on the exemptions from the valuations and minority approval requirements of MI 61-101 contained in sections 5.5(a) and Sections 5.7(a). Management believes these exemptions will be available because, at the time of entering into the LOI, neither the fair market value of the subject matter, nor the fair market value of the consideration for the transaction, in so far as it involves the interested party, exceeds 25% of Argentum's capitalization.
About Argentum Silver Corp.
Argentum Silver is a junior mineral exploration company listed of the TSXV under the stock symbol ASL. Argentum hold 80% interest in the Vanadium Ridge Property located at the southern end of the Quesnel Trough 50 km north of Kamloops, British Columbia. The property consists of 20 mining claims covering 2,151 hectares near the town of Barriere. The project hosts vanadium-rich magnetite mineralization in seams and pods in altered ultramafic to intermediate intrusive rocks which form a portion of a large Late Triassic Poison Creek diorite intrusion complex. The near-surface exposure of vanadiferous magnetite is an attractive exploration target that may not require chemical processing for the liberation of a magnetite concentrate. Argentum feels it is a good entry into what is becoming one of the most sought-after commodities in the battery-metal sector.
The technical aspects of this press release have been reviewed and approved by Gary Nassif, M.Sc., P.Geo., President and CEO of Argentum.
Neither the TSX Venture Exchange nor its Regulation Services Provider accepts responsibility for the adequacy or accuracy of this release.
This news release includes forward-looking statements that are subject to risks and uncertainties. All statements within, other than statements of historical fact, are to be considered forward looking. Although the Company believes the expectations expressed in such forward-looking statements are based on reasonable assumptions, such statements are not guarantees of future performance and actual results or developments may differ materially from those in forward-looking statements. Factors that could cause actual results to differ materially from those in forward-looking statements include market prices, exploitation and exploration successes, continued availability of capital and financing, and general economic, market or business conditions. There can be no assurances that such statements will prove accurate and, therefore, readers are advised to rely on their own evaluation of such uncertainties. We do not assume any obligation to update any forward-looking statements except as required by applicable laws.
Gary Nassif, President & CEO
gnassif@argentumsilvercorp.com
Argentum Silver Corporation
Suite 400 -- 365 Bay Street
Toronto, ON, M5H 2V1
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New Immigration Plans May Leave Elderly Disabled Without Care
By Editor June 19, 2019 01:00
Reuters reports for NBC that fewer immigrants means fewer caregivers for the most needy patients because immigrants fill the personnel gaps in healthcare.-
“Even as a shortage of U.S. workers who care for the elderly and disabled grows, proposed limits on immigration may worsen the situation, researchers say.
As of 2017, immigrants accounted for more than 18 percent of U.S. healthcare workers, researchers report in the journal Health Affairs. In nursing homes, nearly one in four workers who directly care for patients are immigrants, as are nearly one in three housekeeping and maintenance workers.
“We rely heavily on immigrants to care for the elderly and disabled, particularly in their everyday care,” said the study’s lead author, Dr. Leah Zallman, an assistant professor of medicine at the Harvard Medical School and director of research for the Institute for Community Health at the Cambridge Health Alliance. “Therefore, any policies trying to reduce immigration are likely to make what is already a workforce shortage worse.”
Currently, Zallman said, “there are not enough people willing to do these jobs and we are going to need a lot more people in the future. This is an industry that needs people round the clock. And immigrants disproportionately take the night shifts. They are really filling the gaps.”
The issue becomes increasingly important as the elderly population grows, with experts predicting it will double by 2050, Zallman and her colleagues noted.
To take a closer look at the role of immigrants in healthcare, the researchers turned to the Annual Social and Economic Supplement of the 2018 Current Population Survey, a nationally representative survey conducted by the Census Bureau and the Bureau of Labor Statistics, which collected data on 180,084 people in March of 2017.
Compared to U.S born healthcare workers immigrant workers were older; 51.6 percent were older than 44, compared to 43.8 percent of U.S. born healthcare workers. Immigrant workers were also more likely to have completed a four year college degree and more likely to be Hispanic, non-Hispanic Asian or non-Hispanic Black.
Nearly one in three immigrant healthcare workers — 30.4 percent — were employed in long term care settings, compared to 22% of U.S. born workers. Overall, 1 million workers, or 23.5 percent, in the formal and non-formal long term care sector were immigrants.
Among unauthorized immigrant healthcare workers, 43.2 percent were employed in these types of settings.
Immigrant workers were also more likely than those born in the U.S. to be employed with home health agencies (13.1 percent versus 7.9 percent) — and in the non-formal sector (6.8 percent versus 4.6 percent).
The new study is “very important and timely,” said Dr. Albert Wu, an internist and professor of health policy and management at the Johns Hopkins School of Public Health. “I hope it will encourage us to be more thoughtful about political decisions as they have an impact on all of us. The current proposal to restrict immigration to more skilled or professional applicants runs directly counter to the need for this category of worker.”
Those proposals are coming at a time when the U.S. birthrate is falling, Wu said. “Looking 10 years ahead, there’s a huge projected shortfall in people who do hands-on face-to-face caregiving for older and disabled adults.”
That’s exactly what’s already happening in Japan, said Dr. John W. Rowe, a professor in the Mailman School of Public Health at Columbia University. “Immigration has been limited by Japan’s preference for an ethnically homogeneous society,” Rowe said in an email. “With the rapid aging of the Japanese, who have the longest life expectancy in the world, this shrinking population has yielded major shortages in the elder care workforce and in manufacturing.”
In response, “the Japanese government in December 2018 relaxed the long-standing immigration restriction and established a program of five-year visas for several hundred thousand workers, Rowe said. “This was seen as a major social change in traditionally xenophobic Japan.””
TAGS: healthcareLatinosMigrantsTrump
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Creativity Forum
Thread: Distance
September 10th, 2015 08:18 PM #1
Time to jump right back into things!
This is a sequel to my previous story, Stargazer, which you can read by either clicking here or on the link in my sig.
Do I have to read it?
You don't have to as it's not a direct sequel in the sense that it picks up immediately where the last story ended, but I certainly won't discourage you from doing so if you choose.
What's up with the one-word title?
I'm unimaginative. I decided to go with it because the concept of distance, both physical and emotional, is a big theme of the story.
Chapter 1: Restart
“T minus ten...nine...eight...seven...six...five...four...i gnition...two...one...liftoff, we have liftoff.”
At first there was nothing but a small flash of light as the rocket fuel ignited, then it was followed by a rapidly-expanding cloud of peach-colored exhaust as the rocket, all one-hundred-ninety-one feet and three-hundred-and-sixty-nine tons of it, rose into the air on a pillar of incandescence. The event began in silence, but approximately four seconds later the roar of the launch reached the viewing platform, completely drowning out the cries of the gulls and the sound of the ocean waves lapping up against the support struts below.
The only other sound that was able to reach Atlas Therman’s ears over the rocket’s din was the exclamations of “Amazing! Just amazing!” that his guest was uttering next to him. The man, a relatively young representative from the client telecommunications company, was leaning over the platform’s guardrail, hair and tie billowing in the wind, personal dignity left behind and replaced with a childlike sense of wonder and starry-eyed exuberance.
“Have you never seen a rocket launch before?” Atlas asked as soon as the noise had lessened enough that he could speak without shouting.
“No, not in person Mr. Therman.” the representative replied, eyes still on the spectacle at the launch pad in the distance. “I’ve seen many videos of course, but it’s just so different witnessing and hearing one with my own eyes! Everything’s so loud and big!”
Atlas allowed himself a slight smile at the sight of a grown man being so overcome by the sight that he could only describe it in grade school terms. He craned his neck to follow the exhaust trail curving up into the blue, cloudless sky overhead, the rocket itself already lost from view. These days the minority of people who had been into space did so by riding spaceplanes, far less stressful and rough than the rockets that the first astronauts had ridden into orbit and beyond. Rockets, however, still had their place in quickly getting large payloads up into space, whether they be satellites, construction materials, or supplies.
His company Atlas Aerospace Industries, whose triangular emblem gleamed from the pin attached to his lapel, had made its start as a small manufacturer of airliner parts during the formative years of commercial air travel, but once he had assumed leadership he had set about retooling its business. Now, decades later, AAI was one of the forefront companies of the commercial space industry in the world. They developed and built rockets, spaceplanes, and other such material for SARA and other client companies, such as the telecommunications company that had contracted them for today’s launch of a new communications satellite. Both he and the company he had nurtured and transformed were rich and successful by any measure, and his legacy well-and-truly secured. However, Atlas took little personal pride in his achievements. It was simply a case of pragmatism, that was all.
The roar had faded away by now and Atlas turned to one of his attendants and gestured with his hand. The man nodded in understanding and handed him a bulky hand-held communicator that was probably older than the still-awestruck representative. “Control, how do things look?”
“The first stage is jettisoning now.” the flight director’s scratchy voice reported from back inside the control room. “Everything is green so far, and we should be at our first transfer orbit within the next seven minutes.”
“Thank you. Keep me posted on further developments.”
“I didn’t realize it was so fast!” the young, starry-eyed representative repeated.
“Not necessarily.” Atlas replied, deciding to educate this young fool some. “Simply getting a payload into space takes little time at all. Getting it into the precise orbit you want, especially a geosynchronous one, is rather more complex. There are all sorts of maneuvers that need to be taken into account. It takes hours, as a matter of fact!” He put on a little smile. “Perhaps we can discuss this more over lunch, and afterwards I can take you on a tour of the control room?” he offered.
“Oh, yes, absolutely!” the representative exclaimed, finally tearing his eyes away from the pad. This must be his very first assignment, Atlas thought to himself. “I’d be honored!”
Atlas broadened his smile and made an “after you” gesture to usher the youth forward. His attendants followed, and when it came his turn to descend the stairs leading down from the platform he stopped and cast one last look at the trail of frozen vapor spiraling overhead. It would be soon, he thought to himself. One day soon those rockets would be carrying a very different sort of payload, one that would completely change the order of the world...
Artemis was stirred awake from her sleep by the captain making the routine announcement that the flight was beginning its final descent into Marine Cove City and for everyone to return to their seats. She frowned a bit and scratched her forehead as she realized that she had had “that” dream again. The dream, it really was. She was one of those people who very rarely had dreams when she slept, or at the very least had very low dream recall, but on the few occasions that she did it was always of the exact same sequence of images and emotions, with little variation: bright lines in the sky, laughter and admonishment followed by a deafening roar and then blackness, followed by a return to the void of dreamless sleep.
She sniffed and brushed her bangs back into their proper position as the captain concluded his announcement and the seat belt sign lit back up. She glanced out the window to see the fractal-like coastline of eastern Sentremare, alternatively known as either the Foundation or Founder States by its inhabitants, stretching below. She checked her watch to see if she had remembered to change it since the last layover, then settled back in her seat and quietly gazed out at the late afternoon sky. Her dream had probably been triggered by the flight, she thought as she stared out, the roar being borrowed this time from the sound of the plane’s four powerful jet engines while the bright light had simply been the golden late-afternoon sun penetrating her closed eyelids.
Aside from the dream, the remainder of the flight was just as unremarkable as the rest of it had been, and the plane touched down at Marine Cove International Airport without any incident, as did the disembarkation. Artemis retrieved her luggage and and after a short walk - Marine Cove Intl. Airport was no different than any other airport she’d been to in regards to its sprawling complex - found the sign marked “A. Glanson - Atlas Aerospace Industries” at the taxi terminal without any trouble. A black livery taxi was already parked beside it as promised, and standing next to the sign was a smartly-dressed, portly and friendly-looking driver, who immediately doffed his cap when he saw her approach. “You’re Ms. Glanson?” he asked politely.
She nodded. “I am.”
“Excellent, let me take your bag please.” Artemis surrendered her luggage and the driver wrestled the bag, an impressive sight given how short and round he was, into his car’s trunk before opening the rear passenger door and gesturing for her to get in. She nodded and flashed a polite smile to show her appreciation and once she was inside and buckled they were off.
“How was your flight Ma’am?” the driver asked, wasting no time in striking up conversation as he pulled away from the terminal’s curb.
“I fly fairly often for my work, but not usually long-distance.” she replied, figuring that as long as they were confined to the close quarters of his vehicle it wouldn’t hurt to keep up a conversation. “My flight was nice: pleasant and uneventful.” Obviously she didn’t mention the dream, as that was personal. She couldn’t really call it a “nightmare” anymore though; after twenty years’ worth of repetition it had lost its power over her.
“I’m glad to hear that.” the driver answered, and sounded genuinely happy for her. “Me, I had a bad experience with turbulence when I was younger.” Artemis could see his reflection in the overhead mirror shake its head. “Family’s the only thing that’ll get me on board one of those things these days.”
The taxi pulled onto an overpass leading out into the city, and Artemis’s window was suddenly filled by the view of Marine Cove City’s North Side’s impressive lineup of skyscrapers marking its financial and midtown districts. It was hard to get an appreciation of just how enormous the city was from thirty-thousand feet up in the air, but from the ground it was an entirely different story. Marine Cove had long since outgrown its name, she thought as the skyline seemed to almost scroll closer and closer, as today it was one of the largest cities in the world, boasting an impressive population of over eight million people. There was traffic all around them, and she could spot many more planes either taking off or landing in the sky ahead if she looked. The roar of the highway easily penetrated the cushioned seats of the car, and they were driving at just the right angle to catch the radiant reflection of the late-afternoon sun off of the awesome towers of glass and metal before them. Compared to Marine Cove her home of San Paolo, while impressive in its own right, was quite inconsequential.
Once they were settled into their highway lane, the driver spoke again. “I take it you’re here for business?” he asked, and Artemis replied that he was correct, thinking that that was virtually a rhetorical question given the business pants and blouse she was wearing coupled with her swept-back, long dark hair made her look every bit the young professional, an image she took pride in. “I here to attend a technology expo that’s being held this week by the software manufacturer DuneTech.” she elaborated without being prompted. “They specialize in security management and navigation systems, such as GPS’s, both of which are areas of interest to my company.” Those were examples of their consumer products at least - in reality they also did high-level contracting work for the Foundation States’ government, including for their armed services. She felt herself frown momentarily as a dark cloud briefly built up in her mind at the thought of her purpose for coming here...
“Well, I hope you manage to fit in some time for leisure.” the driver said jovially. “This is a big city, there’s something here for everyone!”
“Yes, I certainly hope so.” Artemis settled back in her seat and resumed gazing out the window, resting a palm against her cheek. Marine Cove continued to draw inexorably closer and bigger, until they were off of the elevated highway and onto the streets of the city itself, surrounded on all four sides by buildings and other vehicles of all sizes, shapes, and colors. Their progress naturally slowed down significantly, and the driver’s usual gaiety faded a bit after his radio up front squawked to life, its message indecipherable to Artemis a mere few feet behind.
“Lasser Ave’s blocked off by some police action,” he reported apologetically. “So we’re going to have to take a longer route to reach the Tri-Shore.”
“I don’t mind.” Artemis replied. It didn’t matter to her, as it wasn’t like she had any plans for the rest of the day other than checking in to her hotel room.
“Glad to hear that.” the driver answered, regaining his cheerful tone of voice. “I must say though, it’s good to see the police finally doing their jobs like they’re supposed to.” he declared. “It’s been too long!”
“Oh, was the city unsafe before this?” Artemis asked, though she was pretty sure she knew what the driver was referring to already.
“Well, I wouldn’t say that it was exactly unsafe by-and-large...” the driver replied, gesturing indecisively with his right hand. “But the former mayor, Thomas Wellow, he was no good at all! He took away power from all the law enforcement agencies and cut their budgets on top of it!” He spoke with the sort of passion that only a longtime resident could have. “And whaddaya know, every criminal and two-bit punk in the city sees that as license to do whatever they want!
“And then somehow,” the driver went on, voice becoming even more passionate. “the guy survives a recall election and goes on to redistrict a buncha poor neighborhoods, leading to a spike in gang violence ‘cause all of a sudden turf wars are breaking out between folks that hate each other’s guts and are now expected to share and play nice! Ah, sorry,” He quickly tried to stop himself. “I’m getting too worked up. I shouldn’t talk like that in front of customer.” he said, sounding embarrassed.
Artemis smiled, bemused. “Don’t worry about it.” she assured him. Actually, it was nice to be so passionate about one’s home. They certainly needed more people like that back in San Paolo.
“Well anyway,” the driver continued in a more subdued voice as the line of traffic stopped for a red light. “needless to say Wellow did not win a second term. The new mayor, well, he’s done an okay job in picking up the pieces. Things didn’t really start picking up for the MCPD until last fall, though.”
“What happened?” Artemis politely asked, though she was certain now what topic the man was about to touch.
“They managed to apprehend the leader of the biggest of the South Side gangs, called themselves ‘The Beings’.” the driver answered. “Apparently he was also a Stargazer.” he said, his voice going hushed as if in reverence.
“A Stargazer, really?”
“Yeah, that’s what the paper’s claimed at the time. And there was another one working with him too, some crazy girl who turned out to be the culprit behind a whole spree of burning attacks.” He shook his head. “That part was scary. Everyone was real tense while that was going on.
“Anyway,” he continued. “Bagging two Stargazers was certainly a feather in the MCPD’s cap, then back in January they arrested the executives of the Changxing Organization for being caught red-handed smuggling contraband in from Heion! The SCIE was involved and everything! ‘couse,” he snorted. “everyone here already knew they were involved in shady business! That came as no surprise.”
That wasn’t exactly how that incident had gone down, Artemis thought to herself. The driver had omitted the part about the trafficking cell that had been working with the Changxing Organization, not to mention the crucial fact that it hadn’t actually been the police department alone who had resolved the incidents being described, but rather a trio of Stargazers secretly affiliated with them. Then again, in her experience law enforcement organizations tended to be incredibly prideful, egotistical even, only too willing to bend the truth if it cast themselves in a better light. The existence of their Stargazers was not supposed to be something people outside of the government were supposed to know anyway...unless one happened to have access to the sorts of resources that she had...
“Well, it certainly seems that a lot of interesting things have been occurring in this city recently.” she commented, allowing herself a bit of self-satisfaction in being privy to a bit of inside knowledge that the other man didn’t. “Hopefully, it’ll be nice enough to remain peaceful until after I leave. After that, it can do as it wishes.”
This caused the driver to let out a hearty chuckle. “Please don’t jinx us, Ma’am!” he said with an additional guffaw. “I’d love for this peace to last a good, long while, thank you very much!”
As do most people, Artemis thought to herself. It was somewhat ironic that a loud, busy, and bustling city was a sign of a peaceful one. However, her bemused smile faded and her expression, hidden from the driver, darkened as that thought made her recall her dream and the events that had spawned it so long ago. Peace was fragile, she knew. All it took was a fraction of a second to shatter it.
Just as the peace of Terry Eaves’s afternoon had been broken by a simple order.
Up until then it had been a fairly typical afternoon for him, sitting at his desk in a half-stupor as his science teacher Mr. Pashni droned on and on, eyes darting to the clock in the hopes that the minute hand was nearing the time of dismissal, though even time seemed to be moving sluggishly under his teacher’s influence. His classmates were in a similar state, staring blankly ahead like zombies when they weren’t trying to surreptitiously play with their phones beneath their desks. It was a scene that had played out exactly the same way almost every day he had spent attending Marine Cove Academy, but today there was finally a break in the tedium in the room’s private intercom letting out a buzz, forcing Mr. Pashni to put his lecture on hold while he answered it. After ending the call he turned his vacuous face on Terry and said in a monotone, “Go down to the office. You can take your things with you.”
So Terry stood up, uncomfortably aware of the fact that now everyone had regained their wits and were all staring at him. Being called down to the office, alone, was never a good sign, especially when you were told to brings your things with you, and he could already hear a few questioning murmurs from the back of the room. He didn’t have any idea what the school’s headmaster would want from him - he was far from a troublemaker after all - but he figured a few minor, short-lived rumors swirling around was an acceptable price to pay for escaping the purgatory of Mr. Pashni’s classroom. Waiting for him downstairs outside the administration wing, however, was not a school official but rather one of the school’s usual security guards. With a knowing look the man said to Terry that there was a need for his abilities. And so he soon found himself being whisked away in an unmarked police van being told that he was going to be the key in breaking up a hostage situation currently unfolding downtown. It was a very odd position for someone his age to be in, but Terry was not a normal 17 year old student. He was also a Stargazer, one of the very few people in the world who possessed superhuman abilities, and this was just the sort of situation that his powers were suited for.
“The perp’s name is Davis Tindle, age forty-seven.” the officer seated with him was explaining, his tablet displaying the mugshot of a grubby, unshaven man. “He’s had a very extensive history of alcohol abuse and he’s been in and out of the slammer a lot over the years for misdemeanors of all kinds. Until today he’s never done anything to harm the public, though.”
“So what set him off this time?” Terry asked.
The officer scrolled through the file he was reading from, eyes glancing back and forth as he skimmed. “The other day he was fired from his current job it appears, so I suppose he simply snapped.”
“He snapped and just decided to hold up a bank?”
The officer shrugged. “We’ll let the psychologists figure him out. All we need to concern ourselves with is the fact that right now at least twenty people are still trapped inside MaeDec Banking on Lasser Ave with a gun-toting madman who’s threatening to kill the hostages unless he’s given four million yura and an airplane ticket.”
A nutjob indeed, Terry thought. It was the sort of scenario that had been played out countless times, to the point of becoming a cartoon cliche. One would expect that it would become a discredited one, yet continued to occur in real life because many crooks really were that stupid. “And that’s where I come in.” he stated, seeing where this was going.
“Exactly. Tindle wants someone who isn’t an officer or otherwise a member of law enforcement to make the drop-off. Someone normal.”
Terry could practically see the quotation marks around the word “normal” as the officer spoke it. From his experience the police seemed to view Stargazers as some kind of novelty, like a fancy new toy in their arsenal, but he’d learned by now to try and tune that sort of attitude out. It was just an unavoidable reality that he had to deal with since Stargazers were indeed practically a complete black box, even to himself.
“From what we can tell from the security feed and from the victims that managed to escape before he tried barricading himself inside, Tindle’s armed with a Gregern AS semi-auto, which is pretty much the same thing I have holstered here.” The officer indicated his gun holster as he said this. “It’s designed for nine millimeter cartridges, so a good set of body armor will be enough to protect you if he gets trigger-happy.” Going up against a gun was not something that Terry was especially looking forward to - he had had a rather harrowing encounter with one several months ago. Hand to hand combat didn’t scare him much, but that didn’t change the fact that he was uncomfortably aware that a single, tiny bullet could be far more devastating than someone’s fists or knife. One wrong move, one slip of bad luck, and he could be dead before he knew what hit him.
The thought that it would be in the hands of an off-the-street lowlife instead of someone like a highly-trained soldier did make him feel better though. His briefing officer didn’t seem to notice the slight paling of his face when he had mentioned the gun and was continuing right along. “Next, Tindle claims that he has a bomb set up inside, but we’re pretty confident that that’s just a hoax.” he continued. “However, we still have the bomb squad on standby at the scene just in case. Therefore,” He fixed Terry with a serious gaze. “your mission is to get in and neutralize Tindle the moment an opening presents itself so that we can evacuate the hostages and scour the building. Can you handle it?”
“Yes.” Terry said. “I’ll do my best.” It wasn’t like he would answer anything else, was it? Besides, this was his job, and he was determined to carry it out.
As the van passed through a police barricade and arrived at its destination Terry was given some body armor as promised as well as a heavy briefcase that supposedly carried the money that Tindle was demanding and a small earpiece communicator the kind of which he was already familiar with. When he stepped outside Terry found himself in the midst of a whirlwind of frenzied activity. Lasser Ave had been almost completely cordoned off, with the largest of the barriers having been erected roughly fifty feet away from the bank in response to the bomb threat. In between the two barricades was a gridlock of police cruisers, siren lights flashing to an almost painful degree, while officers were everywhere taking up positions and barking orders while those nearest the barricades were wearing body armor like he was and crouching low to the ground, assault weapons gripped in their arms. There was even the distant buzz of helicopters hovering overhead. It was an impressive show of force, Terry thought, though it did seem a little overkill for a single stupid crook. Then again, lives were hanging in the balance and the police no-doubt needed to be prepared for any eventuality.
“Out of the way, out of the way!” the officer who had briefed him called as he led Terry through the sea of officers, which split as they passed. Just like in the classroom he could see all eyes turning and all necks swiveling in order for their owners to focus their attention on him. This was the first time that he’d been under so much scrutiny and in a situation where a multitude of lives were on the line, but oddly enough he didn’t feel nearly as much pressure as he felt like he should. What he was about to do was dangerous yes, but this was his element. He felt prepared. Still though, it was somewhat unnerving to have to walk alone through the no man’s land between the barricades and the bank, all eyes remaining upon him. The automatic doors of MaeDec Banking swished open to welcome him into the building’s vestibule, and once out of sight of everyone on the street he paused and took some steadying breaths, inhale, exhale, then tightened his grip on the briefcase’s handle and strode purposefully up the short span of carpeted steps and into the bank itself.
As soon as he reached the top a harsh voice barked at him. “Stop right there!” it growled, and Terry did so. Standing in the middle of the room, one arm resting on the sill of the empty teller windows, was Davis Tindle, looking even more grubby and shabby than he had in the picture he had seen earlier. His sunken, shadowed rat-like eyes darted around as he sized Terry up. In his left hand he could see the dark gray shape of the gun, pointed right at him. A bit of the old fear began to resurface inside of him, feeling like a plug had been pulled inside him and his insides were beginning to drain out, but he fought to resist the feeling and keep his poker face, reminding himself again that the criminal before him was not a soldier and that he was wearing protection, though the fact that the police had decided to forego a helmet in order to appear less threatening was hard for him to ignore.
Tindle’s eyes darted down to the briefcase. “That the money?”
Terry nodded. “Yes.” he said. He had been instructed to avoid engaging him in conversation, just answer his questions and demands and nothing more until an opportunity presented itself.
Tindle grunted and gestured with his gun. “Bring it here.” he ordered and Terry obediently stepped forward. As he slowly crossed the distance between them, again trying to ignore the gun, he did his best to take in his surroundings. The lobby of the bank appeared much like what he had expected, teller windows on one side of the room while the meeting area for customers and bank employees were on the other, the space decorated with potted ferns and other plants in order to add a little color to the interior. Aside from a few abandoned jackets and bags lying on the floor he didn’t see anyone else in the room - Tindle had apparently herded the hostages deeper into the building, out of sight. It was encouraging to see that there weren’t any signs of struggle, like broken glass or a trail of blood leading away. He did wonder why, if he was holding up a bank, why Tindle hadn’t forced the tellers to turn over the cash in their tills. Once he got close enough to the man, close enough for his nose to recoil at his unwashed stank, he set the briefcase down on the floor in front of him.
“Now back off!” the man barked, and Terry was all too happy to oblige. Tindle circled around and bent down to fiddle with the latch, but it seemed to be too much for him as he let out a short curse and set his gun down on the floor beside him so that he could use both of his hands.
That was Terry’s moment. He focused, and felt a small comforting tingle around his hand as he called upon his Stargazer power. His eyes changed color from their usual green to the flat light blue unique to Stargazers as a small crackle of blue-white electricity appeared over his palm, and with a loud crack that reverberated throughout the lobby Terry threw his hand forward as a much larger bolt shot from his arm and pierced right through Tindle before he could even turn around. He let out a sharp cry as the bolt sent him sprawling over the briefcase, knocking it over before being thrown to the ground. Terry exploded into action, reflexes honed by years of martial art training, and was on him in a flash, pinning the stunned man’s arms behind his back and pressing his knee down on the center of his back. He quickly grabbed with his free hand the pair of plastic cuffs that had been issued to him and bound the would-be criminal’s wrists together, then continued to put pressure on the man’s back to keep him from rising, keeping the gun lying on the floor a few feet away in his sight.
“Got him!” he called into his earpiece and almost immediately the squad of armored police officers burst into the building and were hustling him out while others moved to apprehend the prone Tindle and liberate the hostages sequestered deeper inside. Outside Terry saw that the bustle of activity from over by the cruisers and ambulances had now built up to a fever pitch. People were shouting, dashing to and fro, but the tension from before was now being replaced by a more purposeful sense of controlled chaos.
As they passed by some of the officers slapped him on the back and gave him “Good work!”s and similar as he was steered over towards a van and helped out of the body armor and gave him some water. He could see the squad who had gone in were now leading the freed hostages outside the building and behind the barricades while the bomb squad hurried in. Some of the liberated men and women still looked confused and scared, but most of them were instead happy and smiling with relief. Already some of the news reporters who had been outside the barricades were trying to push their way forward, bent on interviews, but the police were forming a human wall, strenuously trying to get them to keep them at bay. None of the reporters clamoring for access seemed to notice the brown-haired student separate from the hostages and off to the side, idling sipping from a water bottle.
And that, Terry thought, was perfectly okay with him. Sure the sight of the freed hostages made him proud of what he had done and he’d probably get some kind of commendation later, but if he had to choose between being treated like a normal kid and being feted as a hero, he’d take being treated just like anyone else over being treated as a Stargazer.
A (re)introductory chapter in order to get back into the swing of things as mentioned above. "Gregern AS" is something I made up, but the gun's model is supposed to be similar to a Glock, which is what the majority of police departments in the United States use as their standard-issue sidearm. Atlas Therman's given name has two namesakes, the first of which is, unsurprisingly, the Atlas series of rockets used by NASA and the United States government. The dimensions mentioned at the start of the chapter are taken from the Atlas V in particular.
Next, something new that I want to try. Since I ended up finding those encyclopedia entry thingies I made for Stargazer really boring to write, this time around I'm going to be supplying "excerpts" every now and then that will basically serve as spaces for bonus material not directly related to the story, but to the world of the Stargazer stories; sort of like a datalog function for extra world-building, fleshing out plot elements that come up in the story, or just a free space for me to ramble about whatever comes to mind as it pertains to the story. A number of books out there do something similar, but I got the idea for this from the book 2312, which contained snippets of in-universe history, science lessions, philosophical musings, lots and lots of terminology and jargon and more in-between each section of the book. I found it fun to read, so I'm going to give a whack at something similar here in the hopes that I have some fun with it too:
Excerpt 1: On Stargazers
If you asked people what they thought the greatest mystery in the world was, the answer would overwhelmingly be “Stargazers”. If you asked them what a Stargazer was, the answers would be far from unanimous: supermen, monsters, superheroes, freaks, boogiemen, unnatural, etc.
Many theories have been put forth as to the origin of their metahuman powers, and why Stargazers spontaneously gain them, with the five most common hypotheses being given below:
A power granted to them by God (while not held by the scientific community, this is by far the most common explanation provided especially in the more religious parts of the world, and also the oldest, older than modern science itself)
A Stargazer is a human who has learned to utilize the full 100% of their brainpower (a theory thoroughly disproven by modern science, though still very popular among those who lack a complete understanding of how the human brain works)
Stargazers are aliens (while evidence of alien life does exist, this theory is only taken seriously by fringe conspiracy theorists)
Stargazers gain their powers via alien parasites (one of the more plausible theories given the existence of Weissman Particles, but they are completely inert, not even being in a state of unlife similar to viroids)
The Personal Pseudoreality Theory (dismissed as pseudoscience by most scientists, though there are those who argue its merits)
Weissman Particles, discovered by scientist Tessel Weissman, are nanoscopic particles found inside the mitochondria of a Stargazer’s cells, and the stronger and more potent a Stargazer’s control over their power, the higher their Weissman count. However Weissman particles do not show any outward signs of activity nor reaction to stimuli and thus do not provide any clues as to how or why a Stargazer gained their powers. It is also noted that Weissman Particles are mutually exclusive to their parent Stargazer; a blood transfusion or other bodily fluid contact will not transfer them to another human’s body, thus it is impossible to “create” an “artificial” Stargazer through this method.
A child conceived by two Stargazers will not inherit a power, his parents’ or otherwise.
~Stargazer~, ~Distance~ original stories.
October 5th, 2015 09:26 PM #2
Re: Distance
Chapter 2: School Life
The beginning of May signaled a change at Marine Cove Academy. Like a switch had been flipped, Terry’s teachers had immediately begun conducting review for the final end-of-school-year exams, which resulted in the first-years’ workload being doubled. Terry had expected this given that the Academy’s reputation was built on being one of the top private college-preparatory institutions in the country but the sudden increase was a shock to the system either way. He considered himself a decent student, but even so he often found himself drawing blanks as he reviewed the study packets that they were receiving in class, wondering if he actually had learned this material earlier in the year. On top of that, there was something else that he and his fellow first-years had to worry about.
“I really don’t know what to sign up for.” his friend and classmate Akira Kamiya sighed one morning while they were waiting for the monorail they took to school to arrive. He was leafing through the pamphlet on second-year course sign-up lethargically, an unhappy look on his normally-cheerful face.
First-years at Marine Cove Academy shared a set curriculum and stayed together with their homeroom. Second-and-third-years, on the other hand, got to choose their own classes and were freely mixed with others of their grade. The problem, naturally, was in decided what to pick. Their current curriculum was pretty basic: Literature, World History, Intro to Advanced Mathematics, Chemistry, and Physics, while second-year courses branched out into languages, Biology, more advanced mathematics’ courses like Calculus and Statistics, FS Foreign Policy, 23rd Century Darlsinian Literature, FS Political Theory, and so on. The pamphlet Akira had was fairly thick for what it was, filled with highly detailed descriptions on all of the courses available to them.
“These count for college credit, right?” Terry asked him. “It’s probably best to get all of the basic requirements out of the way first.”
“I suppose.” Akira said, scratching his head dubiously, his fingers disappearing inside his spiky dark hair. “I guess that’s the best angle to take... I dunno what I’m going to do after I’m done with school yet though.”
That was the billion yura question, Terry thought, sympathizing with his friend. He wasn’t sure what he was going to do after college either. It was a normal sentiment for people their age, but their situations were a little more complicated than most, given that they weren’t normal teenagers but instead members of Trident, a quartet of Stargazers formed by the Marine Cove police department and the organization Lifeline. Originally they had been created in order to deal with two Stargazers and their gang that had been a thorn in the city’s side. They had accomplished that goal and seen the gang dissolved last year, though Trident was still active in case any other situations requiring their supernatural powers happened to arise, such as the hostage crisis the other day. Officially they counted as civil servants just like those of the police force, though it had been explained to them that if they chose they could still pursue a different path once they had completed their educations.
“Would any of the colleges back home even accept credits from here...?” Akira continued to mutter. Like Terry he had come from elsewhere to attend the Academy, but while Terry was from the midwestern state of Severstone, Akira had come all the way from the country of Kamagura on the other side of the world.
“Talk to your program adviser.” he suggested, shrugging his shoulders. “They must though, ‘cause otherwise what’s the point in having an exchange program?”
“I ‘spose so... What a pain though, only giving us a week to decide...” Akira swung his head over to the other person who was sitting on the platform’s bench with them. “I dunno, are you thinking of signing up for anything in particular yet, River?”
River Serac glanced up from the book that she had been reading. She was the fourth and newest member of Trident, and her situation was considerably more complicated than his and Akira’s, Terry thought as he recalled the circumstances of their meeting. Unlike them, she had been a Stargazer since a young age. Originally from the Darlsinian country of Danzier, after an accident involving her power to generate ice and freeze things she had fallen into the care of a smuggling cell for an underworld criminal organization. Terry and Akira had had a chance encounter with her around New Year’s, and after a haphazard investigation the cell’s members had been arrested, and she had decided to join Trident as a way to start her life all over again.
It hadn’t been the easiest of adjustments. Terry didn’t know if she had always been like that or if it was a coping mechanism brought about by the situation that she had been thrust into, but she was a very withdrawn, introverted person. It was uncommon for her to speak without being spoken to first and she had a hard time opening up to those outside of Trident, and even within Trident she didn’t speak about herself all that much. To outsiders, the way she carried herself gave off the impression that she had a very aloof air about her, and he had thought the same thing the very first time he had seen her. Still though, there were some subtle signs of improvement compared to five months ago. She still had a shell around herself, but in their day-to-day activities Terry felt that she was speaking up a little bit more now, and showing more flashes of unguarded emotion every now and then, as she had at the end of her first day here at school with them. He understood that it wasn’t going to be an overnight chance, but it was still heartening all the same to see Akira trying to strike up a casual conversation with her, given how he had been initially wary at the idea of her joining Trident.
“I’m not completely sure yet, myself.” she replied, her voice calm and measured as it almost always was. “This...isn’t exactly something I’ve ever had much reason to think about.”
The irony of the situation struck a chord of amusement inside Terry, and he found himself grinning a little bit as he absently watched the crowd gathering on the opposite platform. The three of them were all here in this city because they all had the desire to have more control over their lives, and now that they had reached one of their decision points, none of them had any idea of what they wanted to do!
“What’re you smiling about?” Akira asked as he closed his pamphlet and slipped it into his bag. “Anyway, I sure can’t wait until this is all behind us... Only one more month and then it’s summer vacation. Why must it still be so far away...?”
Marine Cove Academy had its own moderately-sized campus thanks to being built on an artificial island nestled within a small cove on the shore of the river that split downtown in two before emptying out into the ocean. There were some small roads that allowed motor traffic to reach the school, but the majority of the students had to cross a short, white bridge before stepping foot on school grounds. As long as the weather was nice it was always a pleasant walk, affording a nice view of the city in either direction, but today Terry found it rudely interrupted.
“Hey, out of the way! I’m coming through!” The voice that was shouting this was not doing so in the usual frantic, apologetic way those in a hurry usually did but rather in a harsher, more arrogant manner. A rough grinding noise reached Terry’s ears and he quickly grabbed Akira by the forearm and pulled his startled friend out of the way before leaping back himself as someone came barreling through the space they had just vacated.
“Watch where you’re going!” Terry shouted angrily after the student. The boy came to a suddenly halt and deftly spun around to face them. He wasn’t someone Terry could say he recognized: he had blond hair that was swept back into a somewhat windblown sort of look and he had his blazer slung over one shoulder. Tied to his backpack, one of those cloth types that looked to weight only two ounces, were his shoes, as Terry could see that he was wearing a pair of expensive-looking inline rollerblades.
“Excuse me?” he said in a drawn-out, affronted tone that immediately made Terry mentally roll his eyes and brace for the worst. “I told you to get out of the way, didn’t I?”
“Yeah, as you were about to run us over, you dick.” Akira grumbled indignantly as he rubbed the sore spot on his arm. “Ever heard of ‘right of way’?”
“I had the right of way.” the boy insisted, rolling a bit closer. Terry didn’t like the way he emphasized the word “I”. “You were the ones in my way.”
“You coulda gone around us, you know!” Akira pressed, heatedly.
The boy let out an amused snort and made a dismissive gesture with his free hand. “I did give you fair warning. If someone tells you to get out of the way, you get out of the way. It’s simple survival instinct...which I guess you don’t seem to have.” He grinned unpleasantly as he leaned in towards Akira’s angry face, an unpleasant light in his green eyes. “If you can’t understand a concept that simple than how did you even make it into a school like this?”
Akira was about to shoot back with a retort of his own when Terry sighed and put a hand on his shoulder to stop him. This kid was being an entitled, arrogant asshole, cartoonishly so, but this whole argument was stupid and pointless. “Come on, Akira.” he said. “This guy isn’t worth it.”
At that the boy swung his unpleasant gaze over to him. “And who the hell do you think you are, huh?!” he demanded crossly. Evidently a nerve had been touched.
Akira’s expression immediately lightened. “Heh, if you only knew.” he said as a sly grin split his face. Immediately Terry felt a sinking sensation within his stomach; that grin on his friend’s face was never a good sign. “My friend Terry here’s much, much more of a man than you’ll ever be! A prick like you’s nothing compared to him!” Terry glowered at him in an attempt to get him to shut up, but Akira wasn’t paying attention at all. He was a good friend, but he also had a very habit of running his mouth like he was doing right now, oblivious to the trouble it stirred up.
And unfortunately the pompous boy was dumb enough to swallow the bait hook, line, and sinker. “Oh, so you think you’re hot shit, do you?!” he growled, switching over to glower at Terry instead, his beef with apparently completely forgotten. Terry tried to say that he hadn’t done a single thing, but he wasn’t listening. “Well, ‘Terry’ - isn’t that a girl’s name by the way? - if you knew who I was you wouldn’t act like a hotshot, you’d think differently. You’d show respect.”
“I don’t really care who you are.” Terry replied coolly, trying to keep his exasperation from showing. What the hell was up with this kid? “The only thing I care about right now is getting to homeroom before the bell rings.”
“You’re holding us up.” added River, who up until this point had been taking the high road by remaining silent. “And you’re causing a scene.”
This was true. By now a small knot of people had formed as students struggled to wriggle past the four of them standing in the middle of the bridge while a few others had stopped to watch the argument unfold. Annoyed grumbling drifted through the air as people found themselves stymied by the resulting congestion, bags being jostled and uniforms scuffed. The boy’s eyes roamed the crowd, narrowed, then he let out a small grunt of annoyance and turned around, though not before looking sidelong over his shoulder and pointing back. “My name’s Vincent Cray!” he barked. “Don’t forget it, ‘cause I’m not done with you yet!” With that he kicked off and skated away, weaving somewhat haphazardly through the other students ahead of him until he disappeared from sight.
“Thanks a lot.” Terry muttered darkly to Akira as they and River resumed their walk.
“Well it’s true right?” Akira responded, completely brushing off the attitude. “If he knew who you really are, heck, who all of are, he’d shit his pants!” Terry just rolled his eyes, physically this time. It was useless to argue when he got like that.
“There was no point in speaking to him at all.” River replied evenly. “You should’ve simply ignored him entirely.”
“It’s a guy thing, you wouldn’t understand.” Akira said breezily as they stepped off of the bridge and onto the school grounds proper. The building, large and bright in the morning sun, lay ahead, its archway as grand as ever. “You don’t just let a guy step to you like that, it’s all about honor.”
“That’s the last thing I want to hear from you right now!” Terry snapped.
“Oh, I think I understand plenty.” River replied, her eyes cold. Akira didn’t seem to notice and started humming to himself, clearly pleased at his performance even if no one else was. Terry shook his head and muttered something under his breath. What they said about not being able to choose your friends was certainly true...
What Vincent meant by his final outburst eventually became clear around lunchtime. During the warmer months of the school year Marine Cove Academy allowed its students to have lunch outside on the campus, and as the day remained clear and balmy most took advantage of this privilege, and the school grounds were packed with students seated at picnic tables or on the grass while sailboat frolicked on the water and the skyscrapers of the North Side caught the afternoon sunlight invitingly. But Terry and his friends weren’t exactly enjoying this momentary oasis in the middle of their busy day.
“I really can’t believe this!” As always Akira was the one being the most outspoken. “How the hell can Mr. Pashni expect us to complete all those worksheets by Monday, on top of everything else we have to do, including what he assigned us this morning for Earth Sci?! It’s like he thinks his classes are the only ones we take here!”
“You know, I think this time I actually agree with you.” Terry said before swallowing a mouthful of his lunch’s side dish - mint peas, brain food, he suspected. The lengthy packet of worksheets that they had just received in Physics would at least blend in with the one they had gotten earlier in Pre-Col. Mathematics, but their Earth Science and World History packets, while substantially thinner, were composed entirely of short-answer questions. When one of their classmates had asked their history and homeroom teacher why that was, Ms. Fencen had replied with a knowing smile that the school wanted to see some thought put into their answers. Multiple choice would be too easy to speed right through.
River didn’t chime in as she was too busy leafing through one of said packets as she ate, and instead it was the fourth person at the table with them who spoke next. “At least we have a study hall next.” Karen said, trying to be reassuring. “I think the reason why we have so much work is so that we’ll all work on it together.”
Karen Emerage was one of their two homeroom classmates that Terry and Akira interacted with the most, the other being the aspiring athlete Bar. She was a friend, but Terry wouldn’t go so far as to call her a close one as like many of the other students he barely ever interacted with her outside of school. He couldn’t help but compare and contrast her with River. Both of them were low-key individuals, but while River was heavily introverted Karen was more timid, though not to an extent that he’d call her a shrinking violet, and she was generally pretty cheerful and eager once she got into the swing of a conversation. Her countenance was more open-eyed than River’s more serious, sharp look, and she also had short, nape-length brown hair compared to River’s longer blond look. Terry almost never saw Karen without the white bell hat with the fish emblem on her head.
“I guess...” Akira sighed, looking down at his food with a beaten look that was almost comical. “It’s just not fair that we have that guy for two classes...and who knows what Mr. Matthews is gonna give us before we can go home...”
“Well, we probably won’t have him after this year.” Terry said.
“True. We won’t be in the same classes either anymore though...”
Before Terry could respond to that he noticed a particular student picking his way through the crowd a little ways away, come to a stop, look in their direction, and then striding purposefully towards their table. After what had happened this morning the sight of another unknown boy approaching him filled Terry with another sinking feeling. Sure enough, he came right up to them.
“Hey, your name’s Terry, right?” he asked. His arms were crossed and he had a sour expression on his face.
“Yeah, so?” Terry answered, not bothering to hide his annoyance this time. He could already guess who had sent this kid here.
“Vincent wants to see you after school.” the boy replied. “Four o’clock, Seabrook Green. Be there.”
“Whaddaya think?” the boy asked, his sour expression breaking into a very familiar-looking smirk. He balled one of his fists and slammed it into an open palm. “To settle things.”
Oh my god... Terry wanted to say, and wondered for the umpteenth time what the heck was wrong with that Vincent kid. Was his pride really that fragile? Was he really that boneheaded and stupid? Seriously, where did he get off on acting like that? But before he could put those thoughts into words Akira suddenly spoke up again: “No problem!” he declared, immediately perking up. “He’ll be there, right?” He gave Terry a little nudge in the arm. “Right?”
Terry gave him a look that, in a fair and just universe, would’ve caused him to evaporate on the spot. But unfortunately this wasn’t a just universe and the the damage had already been done. The boy grinned once more and folded his arms again. “Good.” he said, as if Terry actually had agreed to the thing. “You better not puss out, you hear me?”
“What was that about?” Karen asked, perplexed, as the boy sauntered off in another direction.
Terry sighed. “Just some asshole we ran into this morning. Thinks I disrespected him thanks to this guy here.” He cast another unhappy glare at Akira.
“What’s the big deal?” Akira asked as he sliced off a slice of his steak with renewed vigor. “Come on, we both know that guy was just full of hot air. You can take that guy easy, and after you do he’ll be scared shitless of you! You’ll teach him a lesson and he’ll never bother you again, it’s win-win!”
“And the only reason I’m in this mess at all is because of you!” Terry hissed, not following that logic at all. It was useless to lecture Akira on the fact that he hadn’t studied martial arts just so he could beat people up.
“I still don’t understand.” Karen said, clearly confused by the squabble. “What exactly is going on here?”
“Now I’m stuck fighting some guy I just ran into this morning over the dumbest shit imaginable thanks to this guy right here!” Terry tried to keep himself from shouting at her in his exasperation. “And no, that’s not a good thing at all!” he snapped at Akira. “I don’t even know where Seabrook Green is...”
“Oh, uh, I know where it is,” Karen said slowly, eyeing him warily with her brown eyes. “I pass by there everyday.” When Terry and Akira returned blank stares she elaborated. “It’s near the Pereis Park neighborhood, where I live.”
Terry had heard of that area, though it was one of the places in Marine Cove that he still had yet to visit himself. Pereis Park was primarily a residential neighborhood near the waterfront. Rather well-off, from what he had gathered, which was confirmed by Akira’s low, impressed whistle. “What do your parents do?”
“Well, actually, my parents divorced when I was little.” Karen said. “I live with just my dad.”
“Oh. Sorry...” Akira trailed off, looking uncomfortable.
“Oh no! It’s okay, it’s no big deal at all!” Karen said hastily, almost jumping out of her seat in her rush to reassure him. “My dad works at a big software firm that’s near here.”
That made Terry realize that the only one sitting at the table here that had a full family was Akira, and even then they were off in another country. River’s parents had disowned her when they had discovered that she was a Stargazer, while his own father had died before he had been born. His mother was not part of his life. She was an astrophysicist who worked for the Space and Atmosphere Research Association, or SARA, up on Heion, Lagoon’s improbably-habitable moon. His only memory of her was from when he was very little, of a dark-haired woman saying goodbye to him and his uncle, his current legal guardian, at an airport terminal. His mind darkened at recollecting that memory. His family situation wasn’t something he liked talking about, and even now the only person that he had fully disclosed it to was River...
The five-minute warning bell rang out across the grounds and he quickly shoved the memory and his annoyance at Akira and Vincent aside so that he could focus entirely on finishing his lunch. He’d have plenty of time to stew over all of that after this ill-advised rendezvous that he had been volunteered for.
When the bell for dismissal rang at three in the afternoon the halls that had only moments ago been silent were immediately filled by the loud, massive crush of students filing out of their classrooms and making their way to their lockers and then to wherever they needed to go after school. Karen ended up stopping by one of the bathrooms before heading home, feeling quite tired. The week was only half over, and already they had a mountain of work to get through, enough so that it looked like even the weekend was not going to be the brief reprieve from school it usually was. Her bag thumped heavily on the floor when she set it down inside one of the stalls; all those workbooks they had been given had a combined weight that surely rivaled one of those old telephone books, and she wondered why, with how much money and prestige the school supposedly had, it hadn’t pushed to invest more in electronic textbooks. At least then she wouldn’t have to carry around so much.
Perhaps, she thought as she did her business, she should ask Terry and the others about staying after school sometime this week or getting together over the weekend to form a study group. They had worked together some during their study period, and while it would be a stretch to say that they all had truly enjoyed it, she had found it a lot easier to work as a group. Instinctively she reached down into her bag to retrieve her phone, then remembered that she didn’t actually know any of their numbers. In fact, she had never asked for them, nor had they ever volunteered the information. Now that she thought about it, neither she nor they had ever really suggested that they meet outside of school, despite the fact that they frequently spoke with each other during homeroom and lunch...
While she was looking at her phone those morose thoughts were suddenly pushed back by the sound of the bathroom door bumping against the wall as it was carelessly thrown open and she heard a loud, irritated voice start to fill the empty room: “God that guy is such a dumbass! I mean, take a hint, y’know?”
“Yeah, all the boys in my class are like that too, always thinking with their dicks. You wanna smoke?”
“Are you blind? There’s a detector right above your head! Save that for when we get outside. ‘sides, my dad’s gonna freak if I come home with my uniform smelling like cigarette smoke again!”
“Hey, you got the text from Bridgett about Friday night, right? You guys goin’?”
“Hell yeah I am! This week’s been such a drag so far. I need to just, let off some steam, have some fun, y’know?”
As the conversation began to elaborate further on the party that they were looking forward to Karen sat up straight, leaning away from the stall door separating herself from the three girls and feeling a growing sense of unease within her. From the way they were talking she could guess what type they were: the bored, self-absorbed, well-off partygirls who treated their school life like it was a chore. Before coming to Marine Cove Academy she had gone to a small private school that had been much smaller, so she hadn’t been prepared for how different one so large could be and what that did to the social dynamics, especially when money and social status entered the equation. She had been put off from day one by how catty some of the other girls in her grade could be and had done her best to stay away from the cliques and their unpleasantness. The ideas for “having fun” that some of the girls had, really just the usual acts of disgruntled teenage rebellion, were completely foreign ideas to her. She just did not have the personality or nature for those sorts of people, and her desire to avoid them had resulted in her social circle being confined mainly to her classmates in homeroom, and even then, as she was just now realizing, it wasn’t very large or deep.
Karen wished that the girls would leave on their own, but as their chatter went on and they showed no signs of leaving it became obvious that they had come in here just to talk and gossip. Eventually she had no choice but to announce her presence to them when she flushed her toilet and stepped out of the stall. “Excuse me.” she muttered quietly as she went to wash her hands. She was acutely aware of how the girls had gone silent the moment she had revealed herself, of how they looked as she had imagined - glossy makeup, elaborately styled hair, looks of boredom - or of how they seemed to be silently sizing her up.
“You’re from class 1-13 with Ms. Fencen, right?” one of them eventually asked. Karen recognized her voice as the one who had made the comment about letting off steam.
“Y-Yes.” she replied warily.
“Yeah, I’ve seen you before...” the girl continued, getting up from the sink she had been leaning on and taking a few looping, lazy steps towards her. Her friends were looking on, exchanging an amused glance that didn’t seem to bode well. “Can I ask you a question?”
“What?” Karen had a bad feeling about this.
The girl put a hand on the sink she had been using and leaned forward. “Why are you always hanging out with those boys?” she asked.
Karen realized that she must be referring to Terry, Akira, and Bar. “They’re my classmates,” she replied, starting to feel a little sick as she realized where this was about to go. “and my friends.”
“Reeeaaaallly?” The leader began to grin. “I don’t think that’s the case, I know what you really do with them! Isn’t that right?” She glanced back at her two friends, who snickered. “Yeah, we know aaaallll about it!” one of them declared, sharing the same malicious grin while the other smirked, raised a closed fist and made a crude, demonstrative gesture that made Karen reel as if she had been physically slapped in the face.
The leader flashed a grin back at her friends then turned back towards her target. “You put on this innocent and pure act, but behind closed doors you’re just a dirty slut, aren’t you?” she said accusingly. “You have them wrapped right around your finger as your little harem, don’t you?”
“Wh- That’s not...” Karen just stood there, blindsided. She couldn’t do it, she just couldn’t process why someone would get the urge to say something so untrue and ugly to her. “Y-You’re...” She could barely get a fragment past her lips, and her tiny voice immediately died as the other two girls giggled in perverse amusement.
“That’s not true?” the leader quipped. “Okay, then why don’t you tell us just how many other guys you’ve sucked off? How many you’ve screwed? Come on, admit it you slut!”
“I-I haven’t!” Karen managed to gasp in a strained voice. “Why are you saying -”
“’Why are you being so mean?!’” one of the girls cut her off in a cruel parody of her frantic, weak voice that made the other snicker even louder. The lead bully looked back at her friends, grinned again, then suddenly lashed out and swiped Karen’s hat right off of her head. “And what’s with this thing?” she taunted, twirling it around on her finger. “This thing’s so ratty and used; I guess it fits you then! I know where it belongs...” Her eyes drifted over towards the bathroom’s trash receptacle.
“Give that back!” Karen begged, making a frantic grab for it.
“Nope!” the girl grinned, pulling it out of reach. “Here!” she flicked the hat off of her finger and towards one of her friends, who squealed as it sailed into her hands.
“Ew, gross! It’s probably stained with all sorts of gunk! What if it’s got lice all over it too?! I don’t wanna catch anything!” She launched it towards the third girl.
“Please! Just...stop!” Karen pleaded, trying and failing to hold her emotions back. She felt small and helpless, and just couldn’t comprehend why...
“You want this back that badly?” the lead bully asked, the hat back in her hands and being held over her head. “Well then, what should we make you do...”
“Leave her alone.”
None of them had heard the door opening, but Karen immediately recognized the voice. She turned her head and saw River standing in front of the closing door, coolly taking in the scene before her.
“You’re one of her skank friends?” one of the two other girls asked leeringly, but River ignored the bait. She stepped forward and moved in between Karen and the bullies.
“I said to leave her alone.” she repeated, her voice low and cool. “Give her back her hat and get out of here unless you want me to report you.” As she was speaking Karen could see in one of the mirrors her face and the intent, piercing stare of her blue eyes. The leader looked taken aback, unused to someone standing up to her, but then her face quickly contorted.
“What makes you think you can talk to me like that, bitch?!” she growled, raising her arm as if to strike. But as she swung River seemed to effortlessly catch her wrist mid-slap, eliciting a gasp of surprise from the bully. She gritted her teeth in defiance but quickly wilted under River’s glare. She tore her arm free and stalked out of the bathroom with a grunt of anger, posse in tow, but not before taking the time to throw the hat on the floor as she left.
When they were gone and the door swung shut again River bent down to retrieve Karen’s had, brushed it off, then held it out. “Here.” she said. “Are you okay?”
“Y-Yeah,” Karen said quietly as she took it back. She was trying to control herself, for the last thing she wanted to do was to break down in front of her classmate. “I don’t even know who they are...”
“They’re just looking for a victim.” River replied, her gaze and voice softening a bit.
“I know...” Karen sighed. “Thanks for getting this back.” she said as she put her hat back on and adjusted the brim to how she liked it. “It’s very special to me.”
“You’re welcome.” River went over to wash her hands, Karen’s eyes still on her. This wasn’t the first time something like this had happened to her. Last year, before River had joined their class, there had been a riot in the city that had been instigated by a Stargazer, and the following day Bar had gone on an anti-Stargazer tirade in class. It hadn’t been right, it hadn’t been fair, and so she had tried to speak up against him only for him to turn on her in his anger. That was when Terry had gotten up from his desk and stood up for her, silencing Bar with a few words and later getting him to apologize to her. She’d never told him, but that action had really touched her, and since then...
And now another member of his small circle of friends had come to her rescue during a similar situation. Karen had always wondered about River, as all she really knew about her was that she was also a member of that same special program that Terry and Akira were, the one that they never seemed eager to talk about. Though while they at least were willing to talk about themselves, River wasn’t. All Karen knew about her on that front was that she was from overseas. But still, the way she carried herself and the way she had dealt so easily with those bullies just now... She had inner strength, a strength that Karen found herself admiring because she herself didn’t have any. She realized that she was feeling the same sense of warm relief that Terry had given her...
“Um,” she began as River withdrew her hands from beneath the sink’s automated facet head and stepped over to the hand drier. She had to say a little more, something. “Is Terry still meeting with that guy after school?”
River waited until the drier’s roar had subsided before answering. “Yes.” she said, giving a brief shake of her head to show her disapproval. “It’s so stupid.”
Karen didn’t say anything to that, not knowing the full story behind this supposed fight. But then, before she had given much thought to the matter, she found herself saying “Hey, can I come with you guys?”
“Well,” Karen thought for a second. “Terry said that he didn’t know where Seabrook Green was. I can show you guys where it is since it’s practically on my way home anyway.”
The other girl shrugged. “If you want to, I won’t stop you.” She started to head for the door and Karen quickly splashed some water on her face before following her out. She had spoken on the spur of the moment, but perhaps this was her chance to learn more about her tight-lipped classmates, even if it was only a little.
Karen’s home of Pereis Park was a pleasant neighborhood blocks away from Marine Cove’s waterfront that consisted mainly of small parks and mid-and-high rise condominium complexes. Despite their number the neighborhood had been planned to be as aesthetically pleasing as possible such as wide roads and strategic placing of buildings so that the neighborhood wasn’t constantly cast in shadow, buildings the color of limestone and sandstone that were built in a style that was ornate without becoming ostentatious, and plenty of sidewalk planters containing many different types of ferns and flowers that gave the place an almost tropical look reminiscent of southern Darlsine, especially now that it was nearing the end of spring and summer was just over the horizon. As she led her companions from the monorail station Karen had to agree with River. Having a fight here wasn’t just stupid, it felt wholly inappropriate.
“Here it is.” she said, pointing at the familiar archway that marked the entrance to the park once they had crossed a busy thoroughfare. Seabrook Green was a long, curving green mall that served to demarcate the boundary between Pereis Park and the waterfront’s business center.
“Thanks.” Terry said as his eyes roamed over the line of green that expanded before them. Obviously he had shared River’s assessment of the situation, that much was clear from his attitude whenever Akira had made reference to it, but evidently it was not strong enough to ignore the whole deal entirely. Before he had left school he had even changed into his gym uniform; better to wear that than to get his uniform dirty. “Are you going to stick around for this, or go home?” he asked her.
“I...guess I’ll stay.”
“Good choice.” Akira said, smirking in a manner that was eerily similar to the way those bullies had. Terry chose to ignore him and uttered an unenthusiastic “Let’s go find this Vincent guy or whatever...”
As they walked down the main path Karen noticed that Terry’s expression lightening a bit as he surveyed the mall. He had a particular fondness for green, natural spaces, Karen had picked up during the time she had known him, and this mall had built with the intention of providing a nice oasis in the middle of the city. The mall was wide enough that the sound of the rushing traffic on either side was reduced to soft, rolling noise in the background like ocean waves lapping at a beach, and the path was spruced up with fountains and public art projects which were all done in a myriad of different styles, modern and old, the mishmash lending a neat degree of character. During this time of day there were many people out enjoying the clear weather: couples and families laying on the grass, children playing in the fountains or playgrounds while their parents looked on, students and adults off work early just passing through and relaxing after a busy day... Karen sympathized with River even more.
But eventually a smarmy voice called out to them. “So, you decided to show up after all, huh?” A boy with swept blond hair standing over by one of the fountains strolled lazily out onto the path as they neared. “That’s him.” Terry muttered under his breath for Karen to hear. This Vincent had apparently had the same idea as Terry, for he was wearing a white T-shirt and blue jersey shorts instead of the Marine Cove Academy dress shirt and pants. Behind him stood two of his friends with their arms crossed, one of them being the one who had accosted them at lunch. With a start, Karen realized that they looked almost exactly like the three bullies from school; they might as well have been gender-swapped clones.
“And you brought an audience with you too.” Vincent observed, throwing a quick look over Akira, River, and her. “Heh, suit yourself. Be all the more embarrassing when you lose.” His two toadies snickered sycophantically.
“Keep talking!” Akira boasted, full of bravado. “Terry’ll kick your ass so quickly that-”
“Well, is this where we’re going to fight?” Terry asked, cutting off his friend. His expression and tone had hardened again to what Karen remembered from the time he had talked down Bar. “Right in the middle of the pathway?”
“Nah.” Vincent said, shaking his head. “Follow me.” He started walking off of the path and onto the grass, towards one of the athletic fields that dotted the green here and there. The one he was leading them towards appeared to be a softball diamond, as it looked like a normal baseball diamond save for the fact that there was no grass in the center; the entire infield was uninterrupted brown dirt that was fine and dry enough that his every step kicked up small clouds of dust. “This is where we’ll fight.” he announced once he had reached the center, planting a foot on top of the pitcher’s mound.
Without comment Terry left his bag with the others at the edge of the grass and tromped out to the mound. “This is gonna be good.” Akira whispered in Karen’s ear. River stared ahead, saying nothing.
“Last chance to apologize.” Vincent taunted as Terry took up his place opposite him. He was absentmindedly stirring the toe of his shoe in the dirt, stirring up even more dust, enough to almost completely obscure his feet. “Save yourself some pain.”
“I have nothing to apologize for.” Terry said coolly, regarding his opponent. He sounded absolutely nothing like how he usually did in class. “I still don’t even know why you’re so bent on picking a fight with me, but if you keep on asking for it...” He flexed his fingers and spread his feet apart into a stance of readiness. “Let’s get this over with.”
“Good.” The blond boy grinned menacingly. “On the count of three,” he said, crouching down into a ready stance of his own. “One...two...three!”
As soon as the world “three” was out of his mouth Karen saw Vincent explode into movement, crossing the space between him and Terry in an astonishingly high speed. She stared, transfixed. She had never seen anyone move that quickly, and wondered for a moment if he was a member of the school’s track team. Beside her Akira’s look of confidence flickered ever so briefly, while River’s expressionless mask had cracked into a slight frown.
Terry, however, seemed absolutely calm. With a deft flick of his feet he had moved out of the way of Vincent’s outstretched punch with the grace of a leaf dancing on the wind. Before he could let out even the slightest exclamation of surprise Terry’s fist slammed into his cheek from the side, the force of the punch making his legs crumple out from under him and his body crash to the ground, the impact kicking up an even larger cloud of dust. The “fight” had lasted only a few seconds.
Vincent’s cronies had the pale, frozen looks of people who had just witnessed a horrific car accident. Akira started openly laughing at the outcome, but Terry was a little more sportsmanlike and went to his fallen foe, who was now sitting up and looking dazed. “H-How did you...” he began to gasp.
“When you crouched you put the left side of your body forward, so it made the most sense that you would try hitting me with your right hand.” Terry explained. “It doesn’t matter if you’re fast if you’re going to rely on a super-telegraphed move. Here.” He held out his hand.
Vincent, however, angrily slapped it away. “Don’t touch me!” he snarled.
“What the hell’s your problem?! I’m just trying to be a good sport!”
“Take it and shove it!” Vincent spat, getting to his feet on his own and trying to futilely dust himself off. He stormed over to his friends, who were both looking a little scared and unsure, then turned and shouted “I’m not going to forget this, you better believe me!” as they beat a hasty retreat, pride and ego severely bruised.
“Good riddance.” Terry muttered darkly as he headed back towards his friends. He didn’t look happy that he had won, just annoyed at the whole deal. River was still staring out after Vincent and his friends. That frown still on her face. Beside her, Akira was congratulating Terry as if he had just been awarded MVP of a sporting event, obvious to or ignoring the fact that he was completely turning the other cheek. He bent down to retrieve his own bag, slung it over his shoulder then as he straightened up he asked “Hm? Is something wrong? You look out of it.”
Karen jerked suddenly when she realized that he was talking to her. “S-Sorry!” she stammered awkwardly. “Nothing’s wrong, I just zoned out just now, that’s all!”
“That didn’t scare you, did it?” Akira asked, still smirking at the outcome, though it was disturbingly similar to the bullies’ smirks.
“No, but I was surprised at how quick it was, you know?”
“And thank goodness for that.” Terry sighed, then turned towards River. “You see something?” he asked, probably under the impression that she was looking at a bird or something.
“It’s nothing.” River shook her head and quickly flicked her bangs from her eyes. She met Karen’s gaze and once more her voice and gaze softened a bit when she spoke. “Have a nice rest of your day.” she said. “We’ll see you in class tomorrow.”
“Yeah, you too.” Karen said back to her. It was the first time River had ever addressed her like that, and it felt very different from how she normally acted. Perhaps she was trying to be nice because of what had happened earlier, she thought.
The others said their farewells too and soon Karen was by herself again, following the familiar route home but with her head full of heavy thoughts. The cruelty that had been inflicted upon her, her savior, the fight she had just witnessed... Akira had been joking, but he had been somewhat right; what she had seen had frightened her, not because of the violence per se, but by the perpetration. It was as if he had been replaced by a wholly different Terrence Eaves that had none of the qualities that she had come to associate with the down-to-earth, good-natured, and humble classmate who had stood up for her. She had known that he practiced martial arts, everyone did, but in those brief seconds she had seen a side of him in action that she never had before, one capable of dishing out violence so effortlessly and casually... There was something lurking here that she had been entirely unaware of, and that was a deeply disquieting thought.
I had a pretty hard time broaching the reintroductory stuff at the start until I hit upon using the discussion on class-up as a framing device to segue into it. Always remember to consider framing devices, they can be quite useful!
As for the middle part of the chapter, it initially presented me with a slight quandary. Stargazer had mild swearing and violence, but not much in the way of vulgarity, so I wrote the first draft in a similar manner and the scene came out looking laughably neutered, so on my second I made it rather more explicit as to what the trio were getting at.
Also it's funny. Marine Cove City is obviously supposed to be the Stargazer universe's equivalent of New York City from the way I write about it, but a lot of the locations are based off of Boston instead, as it's my hometown. While I haven't described it much, the neighborhood where Trident's dorm is located is based off of the residential streets of the Back Bay, the area where Nova and Auto confronted that drug dealer was basically a seedy Commonwealth Avenue, Nova lives in a neighborhood analoguous to Somerville, Seabrook Green from this chapter is basically an expanded version of the Rose Fitzgerald Kennedy Greenway, and even the cafe Terry was at in that chapter where he learned of River's backstory was named after one near Downtown Crossing that I like visiting!
November 4th, 2015 10:24 PM #3
Chapter 3: Plans for the Future
“You beat someone up?” Daniel Centone said, dry incredulity in his voice.
“No, I did not beat anyone up.” Terry grumbled with an exaggerated roll of his eyes. “Akira’s making stuff up.” He was sitting down with his fellow dormmates to dinner in their dining room. Tonight the caterers from school had cooked up a stir-fry meal for them of noodles with chicken and beef, red, green, and orange peppers, carrots cut into strips julienne-style, broccoli, and snow peas, all sauteed in sesame oil and with soy and peanut sauce on the side. It tasted and smelled quite delicious, and its scent wafted from the adjacent kitchen and the buffet-style serving area over by the far wall.
“What actually happened,” he corrected. “is that some dumbass at school tried to pick a fight with me, and thanks to this guy,” He jerked a thumb at Akira, who still had an expression of self-satisfied contentment on his face. “I couldn’t back out of it.”
“He settled it in one blow!” Akira said excitedly, motioning with his fork for emphasis. “You should’ve been there!”
Daniel’s eyes darkened behind his glasses. Terry knew that this was coming, knew that he would disprove of what he had done. Daniel was the nephew of Trident’s administrator, Mr. Gerald Centone, and though he was neither a Stargazer or an official member of Trident he lived in the same dorm building and was privy to most of what went on concerning them. Out of the three first-year boys he was the most studious and was a stickler for the rules, though there had been a few times when they had managed to sway him into more brash behavior but this was not going to be one of those times.
“If one of the faculty members saw you, you would’ve gotten in very serious trouble.” Daniel said in reproach before taking a sip of his drink and resuming when he had finished. “Marine Cove Academy has a zero-tolerance policy regarding student altercations of any sort. I know that my uncle would be quite upset if he knew.”
“Relax!” Akira said, trying to placate his companion. “We weren’t anywhere near school grounds! We’re not stupid, you know.”
“Then why did you show up for this fight at all?” Daniel replied coolly, and Terry had to admit that he had no good answer to that question. Akira seemed to realize the corner he’d been backed into and didn’t say anything either, nor did River, who was continuing her silence apparently still being of the mind that this subject was not worth commentary. It was instead the fifth and final person at the table, Nova, who spoke up now. “Who was this kid?”
Nova’s real name was Theodore Bown. He was the oldest of the group having recently turned 19 years old and was a year above Terry and the others at school, and he certainly looked it. His height and grim face coupled with his football player build and his strikingly-deep red, shoulder-length hair gave him an appearance that was easily intimidating at best, fearsome at worst. When Terry had first met him he hadn’t especially liked the older teen, but since then they’d developed a burgeoning sense of respect for one another. Though he could be very blunt, irritable, and often butted heads with Akira over trivial matters, Terry knew now that Nova was one of the most reliable allies he could have.
“He said his name was Vincent Cray, I think.” he answered. “Blond hair, roller blades...”
“Oh,” Nova said shortly, as if remembering something unpleasant. “Him.”
“You know him?” Akira asked, voice muffled by a mouthful of noodles.
“I know of him.” Nova sighed. “He’s in my grade, and not very popular outside of his circle of friends. Well, not friends exactly,” he corrected. “They’re more like toadies if you ask me.” He took a sip from his glass and then added, “Then again, he’s far from the only person at school who needs an attitude adjustment.” Nova was no doubt referring to how their school, given its exclusive nature, had a number of students from more affluent families which had resulted in a noticeable divide in the student body. Though there were of course numerous exceptions, most of the well-off students tended to stick together and form social circles and cliques separate from the rest of them. Some of them could be rather elitist, and while everyone in Terry’s homeroom got along just fine no matter where they were from, he had heard of occasional friction and confrontation between other students concerning their different backgrounds. This Vincent kid seemed to be one of them, he guessed.
In the meantime, Akira reacted to Nova’s information with another laugh. “He was actually older than us?!” he exclaimed. “That’s even better!” Terry groaned inwardly; by the way he acted much of the time it was difficult to believe that Akira was actually the second-oldest of the group.
“You need to be more focused on the end-of-term work instead of dragging your friends into fights!” Daniel lectured, pointing with his fork. “Have you figured out which classes you’re going to take next year?”
“No, not yet.” Akira admitted, and Terry shook his head as well.
“Well they need to be decided on and the forms turned in by the end of the week. You could’ve had them done today if you hadn’t gone on your little escapade.”
“Yeah, yeah...” Akira muttered, slowly waving his hand dismissively. “Don’t tell me that you’ve already decided?”
“In fact, I have.” Daniel said shortly, responding to his dormmate’s challenge. “I actually turned all my paperwork in to the registrar’s office yesterday.” Akira made a noise of exasperation and got up with his plate to get seconds from the serving area. It didn’t take him long to come up with another topic of conversation, though.
“So hey,” he began brightly when he sat back down. “You all got any special plans for the summer?”
“Aren’t you jumping the gun a bit?” Nova remarked. “It’s only the first week of May.”
“So? I’m tired of talking about school all the time, and vacation’s gonna be here before we know it.” Akira countered, throwing Daniel a look that read “don’t rain on my parade” as he did so. “Anyway, it’s something to look forward to, something that’ll get us through these dark, academic times!” This made Terry smile a little bit; compared to before, this was the sort of enthusiasm he liked to see in his friend.
Nova shrugged. “Okay then, what are you gonna do?”
“Well, I’m still thinking.” Akira said, a little defensively. “Back home summer vacation is only like a month so I’m not used to having so much. But my exchange program has special provisions, so I can stay in the city over break without making my parents wonder what happened to me.”
Ah, that was right, Terry thought. He hadn’t thought about it until now, but when the school year came to an end it would be expected that he would return home to Rentune for the duration of the break. Nova and Daniel were already from the city, their families being aware of their Trident-related activities, while River had no one to go back to, Mr. Gerald being her legal guardian now, but what was he going to do?
Daniel, however, had already guessed what he was about to ask. “Don’t worry.” he said. “Marine Cove Academy has a couple of summer programs for its students; I’m sure my uncle can write up some official-looking documentation to send to your home. It’s not like Lifeline’s going to just keep you here though; you’ll be free to spend your summer however you like as long as nothing crops up that we’ll need you for. I...I’m actually a little jealous,” he admitted. “Even if there’re no incidents to take care of Lifeline still pays you guys, so you can afford to have a lot of free time.”
“It’s not like they let us have much of it.” Akira replied, referring to how their Lifeline pay was locked in accounts that they couldn’t access outside of their monthly stipends. “I guess I’ll fly home for a week or two.” he said. “Show my parents that I’m still alive, y’know?”
“I guess I’ll do something like that too...” Terry said absently, thinking. So much had changed for him since he had left home to come out here, so much that he couldn’t imagine anymore what it would be like to go back, to his old life.
Next Daniel talked a little bit about a trip to Abelshire overseas that his family had planned for vacation, but when Akira asked Nova and River if they had any specific plans both of them answered noncommittally. This apparently did not sit well with him.
“Man, you guys are boring!” he declared, pointing accusing fingers at both of them. A look of annoyed consternation passed over River’s face which caused Akira to falter a bit, while Nova retorted, “It’s none of your business what my plans are, and ‘sides it’s not like you’ve got anything special planned!” which Terry thought was a bit uncalled for, but Akira didn’t flinch at this. Instead he slammed his hands on the table dramatically, causing all the silverware to rattle.
“Fine then!” he said, a serious gleam in his eye. “If that’s what you think, then I’m going to take matters into my own hands!”
“And how is that?” Terry asked, wary of any scheme his friend could conjure.
“Simple!” Akira said, crossing his arms. “I’m going to do us all a favor and find something we can all do, together! Just you wait!”
The following morning it came clear that he had been serious about that. Terry was sitting at his desk during the time before homeroom began, head sleepily resting on his arms, when Akira burst into the classroom with the energy of a dynamo. “I’ve got it!” he exclaimed, waving a flier over his head. Terry, River, and some of the other students in the quiet classroom gave him an annoyed glare and he quickly subdued himself as he made his way over to them.
“Got what?” Terry asked sleepily, raising his head from the cradle of his hands.
“What I was talking about last night!” Akira continued in a more discreet tone of voice. “C’mere, you should take a look at this too, River!” River looked up from her book somewhat reluctantly and came over to see what was up. Terry fully raised his head to read the flier that had been plopped down right in front of him. It was advertising the school’s annual end-of-year for the first-years, scheduled for the week after final exams for mid-June. His eyes flitted over the destination - the Morgana Islands - and within his drowsy brain he felt a spark of recognition.
“Hey, didn’t we see an advertisement for this back in December, on the information board in the entrance hall?” he asked. “Remember? With Nova and Daniel?”
“Yeah, we did.” Akira said, nodding in agreement. “I’d forgotten about it until last night when I was wracking my brain for something to do this summer. So, whaddaya say guys? Wanna go, wanna go?”
The flier’s background graphic was of turquoise surf lapping at the shore of a white-sanded beach with emerald tropical trees and ferns visible in its curving distance. Even if it was just a stock photo the sight of it did certainly look appealing to Terry, having never been out of the country or even a real, honest-to-goodness beach before. The two-thousand yura fee wasn’t too bad considering he hadn’t spent much of his stipend recently, and a week in the tropics certainly felt like it would be worth it. His eyes reached the deadline for signing up at the bottom of the flier: the end of the current week, in other words, the day after tomorrow. “Geez, that’s not much time!”
“Well as I said I only came up with the idea last night, so sue me!” Akira said in protest. “What do you think?” he asked, looking at River, grinning. “Sounds like fun, right?”
“Maybe.” River gave a noncommittal reply as she scanned the flier herself. Terry figured that maybe she and the tropics didn’t mix very well given her fair complexion.
“Don’t be like that!” Akira pressed, gesturing emphatically. “It’ll be the perfect place to relax, unwind, enjoy ourselves!” he insisted. “We’re young, we’ve gotta seize opportunities like this if we wanna make good memories to look back on later!”
“Well...” she still looked unsure.
“Akira’s right, it’ll be fun.” Terry said to her, encouraging her along. “I’m sure Mr. Gerald will OK it.” He obviously wasn’t about to say this in the middle of the classroom in front of everyone, but River had spent most of the year so far being confined to the dorm when not at school while the investigation into her former trafficking cell had been ongoing. Finally freeing herself from those shackles only to be placed under house arrest had not sat well with him, but their caretaker had campaigned for her and Lifeline had recently agreed to lift her imprisonment. He wouldn’t have put it in quite the same way as his excited friend had, but Akira was right; now that she was free of all of that it was precisely the time to for her to begin anew by discovering life again and replacing those old memories with new, brighter ones. “You should go for it; I think it’ll be a good decision.”
“Well...” The at-a-loss expression Terry remembered from her first day at school reappeared on River’s face, and just like back then he couldn’t help but find it amusing. “All right.” she finally said. “I’ll go.”
“Awesome!” Akira said happily, clapping his hands together. “I guess I’ll ask Daniel later if he’d like to come too, and maybe Nova too, I guess.” He put on a dubious look at the thought. “I bet he’ll be a killjoy about it though...”
Terry recognized that as Karen’s voice and looked up to see that she had stopped on her way towards her desk in front of him. “Sorry!” she hastily added when she saw his eyes on her. “I didn’t mean to eavesdrop!”
“Don’t worry about it, it’s fine, it’s fine.” he assured her. She sure did seem to get jumpy around him, he thought. “We were just talking about signing up for the end-of-year trip, that’s all.”
“The school trip?” Akira handed her the flier and her eyes roamed back and forth across it. “Oh, that sounds like fun...” she said absently.
“Why don’t you come with us too?” Akira suddenly asked, taking everyone by surprise, Karen especially as her brown eyes went wide. “Trips like these are more fun the more people you’re with, right? The more the merrier and all.”
“Are you...inviting me?” She sounded like she couldn’t quite believe what she was hearing still. It was very River-like in that regard.
“Why not?” Terry suggested, shrugging in a friendly way. “I mean, if you want to, of course.”
“I’m just surprised is all.” Karen insisted, though she needn’t have bothered given how obvious it was from the wideness of her eyes and the flushness at her cheeks. “But thanks, thanks a lot. I’d love to go if I can.”
“Awesome!” Akira said again, grinning broadly. “The sign-up deadline’s Friday, kay? Don’t forget!”
The bell for homeroom rang and everyone quickly started to shuffle back to their designated desks. Terry leaned forward and whispered, “That was nice of you.” to Akira before he left for his own.
“Well yeah, I mean...yeah.” Akira scratched his head, looking a touch self-conscious now that the moment had passed. “Anyway, a tropical vacation can’t be complete without some cute girls, eh? You know what I mean, dont’cha?”
“Oh, get back to your seat!” Terry hissed at his joker of a friend, though in an unmistakably playful manner. One day before Akira had annoyed the heck out of him, but now he was doing something nice for everyone. Vintage Akira. Still, he was right; trips were more fun with friends. A week-long stay on a tropical island with his classmates... That would definitely be something to look forward to.
Karen felt positively aglow for the rest of the school day, giving her friends a hearty and heartfelt farewell at dismissal. A trip to the Morgana Islands with her friends... She was truly touched by their invitation, as she’d never done anything like that with her old friends from her old school. She still had good memories of them, but they had gradually drifted apart after starting high school as the usual drama began to creep into the picture. Marine Cove Academy still had plenty of that, as she knew firsthand, but it still represented the opportunity for a fresh start. She walked down the streets of Pereis Park humming in tune with the music playing on her smartphone; she liked Terry, Akira, and River. They were friendly, got along well despite the occasional argument, drama-free... Well, River was still somewhat distant, and the memory of Terry effortlessly slamming that boy to the ground still played in the back of her mind, but they weren’t bad people, they couldn’t be. More than anything else, she hoped that this trip would allow her to get to know them a little better.
She arrived at the doors of the condominium complex where she and her dad lived, placing her phone over the card reader so it could scan her electronic resident’s ID and let her inside. She remembered this always making her feel self-conscious whenever she had had friends over as this was a more upscale neighborhood than most were used to, and needing an ID instead of a simple key to get inside one’s home definitely gave off a sense of exclusivity. Her condo was on the fifth floor just high enough to have a view out over the tops of most of the other buildings in the immediate area, though when she stepped inside the blinds were still drawn as they had been when she had left for school this morning. Late afternoon sunlight was filtering through the tiny gaps in between the slats, casting the spacious yet homey, upholstered living and kitchen areas in a muted golden light, illuminated dust motes drifting lazily through the air. She cast a habitual glance around the apartment, but naturally it was empty. Up a short flight of stairs and she was at her room, which was not as bright due to it facing away from the sun. Bed, closet with floor-length mirror on the outside, wardrobe, desk with closed laptop, bookshelf full of books, old textbooks, and magazines, vanity, posters of colorful coral reefs and schools of tropical fish, it was a pretty cozy space.
She changed out of her uniform into something more comfortable, hung her hat on the back of her desk’s chair, and spent a few moments simply lying on her bed staring at the ceiling doing nothing but savoring this period of mental and physical inactivity after a busy day, then got up and decided to start tackling the pile of work that had been assigned to her. Aside from a few breaks to go to the bathroom down the hall or downstairs for a drink or snack from the kitchen she spent the next two hours working diligently at her desk, trying her hardest to put a dent in the workbooks she had received in class, switching from subject to subject as her mind tired of each. At around six-thirty her back was starting to get sore, so she finally decided to put her pen down, figuring that she had made a decent amount of progress for one night. As she stretched her arms above her head and arched her stiff back her ears caught the sound of the door to the apartment closing shut, followed by slow , tired rustlings of movement from below her. She got up and padded barefoot down the stairs and saw that the lights in the living room were now switched on, and a figure was resting inside the recliner, a freshly-opened bottle of beer sitting on the floor next to it.
“Daddy?” Karen asked, stepping forward into the subdued light.
The man opened his eyes and his tired features broke open into a smile. “Hey there.” he said, the chair creaking as he shifted upright inside it. “How’s my little girl doing?”
“Is the expo over?” Karen asked, sitting down on the sofa across from him. She hadn’t seen her father much over the past few weeks; as a section chief at DuneTech he often worked long hours, whether scheduled to or not, especially when the projects he was working on were entering crunch time. This time of year the company was especially busy setting up and running their annual expo, which from what she understood were closed-door affairs for investors and potential clients. DuneTech was a pretty big name in the Founder States’ tech industry, so these expos were always a very big deal for them.
“My part in it is at least, and thank goodness.” her father sighed. He took a sip of beer before further loosening his tie, as if he was too warm even in their comfortably climate-controlled apartment. “I tell management every year that I’m a programmer and overseer - I don’t have it in me to stand up on stage and speak to a bunch of suits for forty-five minutes but they never listen, and that’s on top of all the other headaches these shows bring.” He closed his eyes again and sighed. Karen could see that the lines under his eyes were especially deep tonight. “Anyway,” he continued, his eyes opening and his smile returning. “I’m over the hump now, and I stopped by Tessmaro’s on my way home as way of celebration. There’s a bag of macaroons with your name on it, so let’s talk more about our days over some dinner, ‘kay?”
Said dinner considered of some meals fished out of the freezer and defrosted in the microwave, of which they had plenty as her father was often too tired to do any cooking when he got home, if he was home before nightfall at all. As they sat at the kitchen area’s small table over their steaming plates Karen listened to her father elaborate further on how his time playing spokesman had gone and how his assistant Manny was trying to handle the tasks that he had had to step away from in order to fulfill that role. “He’s a good kid,” he was saying, shaking his head in between bites. “I wouldn’t be able to do half the stuff I do without him, but he could definitely use a little more autonomy. Anyway,” His expression brightened. “How’s school been going for you lately? I hear they’re already prepping you for finals?”
“Yeah, it’s a lot of work, but it’s not too bad, I guess.” Karen said, shrugging non-committally. She talked a little more about classes, but there was no way she was going to bring up the altercation she had witnessed, nor the bullying she had been subjected to. That would just bring down the mood and embarrass her.
Instead she remembered the flier in her bag upstairs. “Oh right, there’s something I want you to take a look at!” she said, and quickly got up from the table. When she came back she pressed the flier into her father’s hands before he could ask her what was up, and he held it up close to his face and squinted as he began to read it.
“A week in the Morgana Islands...” he murmured as his squinted eyes roved up and down the page.
“One of my friends invited me to come with them on the school trip.” Karen started to explain. “I can pay for it with some of the money I’ve made working at the pool, and -”
“Who?” her father asked before she could finish.
“Akira, one of my classmates.” she said. “You know, he hangs out with Terry and River. I’ve told you about them before, remember?”
“Oh yes, yes you have...” he said in a vague way that made it clear that he didn’t really remember hearing about them. “Well, I...”
“Can I go? Please?” Karen pressed, leaning on his shoulder expectantly.
“Hm...” Her father put the flier down on the table and considered. He fixed her with a serious, parental stare before she could say anything. “Before I say whether you can go or not, there are two conditions. The first,” He held up a finger. “is that between now and the end of term you keep your grades up, alright?” Karen nodded energetically. Her grades were fine, and as long as she took the finals seriously maintaining them would be no problem. “The second,” her father said as he raised a second finger. “I know how some of these school trips can be, with kids being far away from parental supervision for the first time in their lives. I know that you’re eighteen and an adult, but I don’t want you doing anything down there that’ll result in me getting a call from the school. No underage drinking, getting wasted, anything like that, you understand?”
“Oh course! I promise!”
“Good, glad to hear it. You can go.” Her father smiled and patted her arm. “And don’t worry about the money, I’ll take care of it. I need to act like a father every now and then.”
“Thank you so much, Daddy! I love you!” Karen happily exclaimed, throwing her arms around his neck in an impromptu hug.
He patted her arms playfully. “Not so hard, not so hard! Don’t kill me before I can officially sign off on this, now.”
“Sorry, I’m just really looking forward to this” Karen said, grinning as she disengaged and slid back into her seat at the table. This was exactly what she needed after the events of the day before.
“I know you are, sweetie.” her father said, smiling as well. “Now let’s finish eating so we can start working on those macaroons, what do you say?”
Meanwhile, elsewhere in the city, Artemis was also having dinner with someone, though it was a much less pleasant meal than the one Karen and her father were having.
“And how have your studies been going?” she asked her companion, who merely squirmed a bit in his chair.
“It’s okay.” he replied flatly. “Nothing special.”
Inwardly, Artemis sighed and figured that this must be what it was like to be the parent of a teenager. Here they were at a nice restaurant, and all her companion did was respond to her questions with these flat, laconic, and surly non-answers. “Are you at least going to tell me what happened to your face?” she decided to ask.
At this Vincent cringed, a hand instinctively flying up to cover the white bandage stuck to his cheek, which didn’t fully manage to cover up the bruised purple skin underneath. “I told you, it’s nothing!” he insisted, eyes flashing. “Why do you care, anyway?! It’s not like you’re my mom or anything!”
“No, I’m not.” Artemis replied coolly, her eyes flashing as well, which made Vincent cringe even more in his seat. “But I am your elder and I expect you to respect and take heed of what I have to say. And,” she added. “keep your voice down.”
Vincent’s eyes moodily darted around the restaurant at the other dining patrons; most of them were absorbed in their own meals and discussions, but at least two other diners had been eyeing him with distaste, hurriedly looking away as they made eye contact with him and returning to their drinks. With a scowl ugly enough to curdle the soup sitting in front of him, Vincent finally relented. “Fine,” he muttered. “I got into a fight, okay?”
“With whom?”
“None of your business.”
“It is my business.” Artemis replied coolly as she took a sip of her wine. Honestly, for a 19 year old he had all the stubbornness and immaturity of a kindergartner sometimes. “Allowing you to stay up here with your own apartment and stipend is a privilege that Father allows you. You’re here to study, not get into fights and cause scenes that will embarrass us. Father and Leon will be quite cross when they hear about this, I’m sure.”
It was no surprise to her that Vincent caved at that, “I’ll tell your father!” was one of the oldest tricks in the book. “Fine,” he muttered again, a touch more toxic than last time. “It was with that Stargazer kid at school, Terrence Eaves or whatever!”
Artemis put her glass down so quickly that the wine almost slopped over its rim. “Terrence Eaves?!” she hissed, suddenly beside herself with heated anger that she immediately tried to suppress lest she make a scene herself. How could be be so-?! “Do you have any idea what-”
“So what?!” Vincent hissed back defensively. At least he was keeping his voice down. “It’s not like he was gonna use his powers on me! He’s just an unremarkable student without them, just like all the rest!”
That wasn’t even worth responding to, and quite rich coming from him, Artemis thought. She sighed and put a hand to her forehead. “I can’t believe you.” she said. “Starting a fight is one thing, but why out of all the people at the academy you had to start one with someone from Trident? Just why?”
“He stepped to me!” Vincent protested, but his voice was quickly regaining its deflated tone as he struggled futilely against the ridiculousness of his situation, and Artemis helped it along by skewering him with a cold glare.
“Yes, and I can see how well that turned out for you.” she remarked, noting his bandage again.
Vincent grimaced again. “He got lucky, that’s all! I’ll find a way to get him back for this, I swear!”
“You will do no such thing.” Artemis declared, steel in her voice. This was exactly like dealing with a pampered child. “I will definitely be speaking to Father about this. You will spend the remainder of the school year focusing on your studies, and once you return to Portanga we will have to have a serious discussion about your behavior.” she said. Yes, that was exactly it, he was pampered and entitled. It would do him good to be given a wake-up call. Vincent tried opening his mouth to protest further, but another cold glare told him that she was not in the mood, and the discussion would proceed no further.
Given the bad mood he had put her in, it was a relief to drop Vincent off at his apartment after dinner and returning to her hotel room at the Tri-Shore. Artemis indulged herself with a long shower, then after freshening up considered pouring herself another small glass of wine from her suite’s mini-fridge, but ultimately decided that that would be a bit decadent, especially given that she had another appointment to make before she could turn in for the evening. So instead she went around gathering up her materials and setting up her laptop’s videoconferencing program and waited. On the dot, the blank screen was replaced by a familiar face.
“Good evening Art.” the man on the screen said, and Artemis smiled a bit. It was a welcome face to see after that tension-filled dinner, and she still found it endearing how he still referred to her by that nickname after all these years. “Good evening Leon.” she said, repeating his greeting. “Excuse my appearance - it’s been a long day.”
“I’ll allow it.” Leon said, smiling slightly too in bemusement. “How has your stay in Marine Cove City been so far?”
“On the whole it’s been productive, I suppose.” she replied. “I spoke with a few representatives from VistaCor and Helios Path at the DuneTech expo earlier this week; the latter says his company’s interested in partnering with us on the design of the next PX-67 spaceplane engine prototype, while Helios Path is looking for a manufacturing contract. I’ve already sent all the necessary information on to Father.”
“Yes, the PX-67 project has been a hot topic at the board meetings.” Leon said, nodding. The PX-67 was one of AAI’s latest projects, a new model of spaceplane made from stronger yet lighter materials for stronger durability, longer operational life, and greater fuel efficiency. “Finding a partner that’s willing to share the costs will go a long way towards placating them.” A number of the board members had argued that the project wasn’t worth it, that the demand for spaceplanes had plateaued at present and that the money would be better spent elsewhere. That was shortsighted thinking, Artemis held, as industries could not thrive if they weren’t thinking towards the future, and in the aerospace field that was more true than ever.
“Now then,” Leon said sternly after they exchanged a few more pleasantries regarding her stay in Marine Cove. “we need to discuss that other matter. Did you get it?”
Artemis’s eyes narrowed. Here it was, the true purpose of her trip. She glanced over and looked at the small black thumb drive resting on the table beside the laptop, the one that had been surreptitiously slipped into her hand as she had walked from room to room. It was a dark speck standing out against the polished, immaculate glass.
“I did obtain it.” she said calmly, feeling the gravity of that little device. What it contained was information on a major job that DuneTech had taken on in the past: designing and programming the cybersecurity systems presently being used by the Foundation State’s federal government. This included things like the federal reserve, military command centers, and the FSIIC. If their security systems were like a vast labyrinth, then this small thumb drive was the map: with the data contained inside one could crack the security and effortlessly access the main systems and the vast treasure trove of information stored within, regardless of how classified or protected it was and leave absolutely no trace. All the government’s secrets would be at one’s fingertips.
...but only in the most optimistic and, as it turned out, unrealistic scenario. While the thumb drive did contain quite a bit of useful information on DuneTech’s project, it didn’t have the complete library - the archive for those sorts of records being strictly classified, with only a few at the corporation having clearance, their inside contact not being among those few. Artemis told this to Leon, and he was nonplussed. “That’s not surprising.” he said. “We expected that after all. If they could be so easily penetrated than the government would never have hired them in the first place.”
Artemis nodded. “We can use it as a stepping stone.” she replied. “I’ve already taken care of our insider.” As soon as she had received the drive and had verified its contents on her tablet she had arranged for the payment to be electronically processed. That money would serve as both the man’s reward and as his chain. In any case, they had already taken the appropriate measures to avoid the bribe being traced back to AAI if he happened to blab.
“Good.” Leon said. He leaned back in his chair a little and clasped his hands together in front of him. “Father will be pleased that we’re another step closer to his dream.”
His dream... Artemis pursed her lips as she thought about it. That was one way to refer to his plan, she supposed. Sometimes she found herself thinking that the word “obsession” would be a better fit, especially when Atlas had been working towards it for fifty years, just over half of one’s natural lifespan! When one had been working on one project for that length of time, she supposed that it stood to reason that one would be patient enough to bear having the wait extended just a little more.
“Is there something wrong?” Leon asked, brow moving questioningly at her silence.
“I’m just thinking.” she replied, before frowning a bit as her dinner with Vincent crept back to the forefront of her mind. “Well, there is one other thing that I need to mention.”
“Oh? And what might that be?”
“I also had dinner with Vincent earlier this evening.”
“And how did that go?”
Artemis felt her brow furrow. “It was like sitting across from a viper.” she said in summary. “He was in a foul mood because he picked a fight with another student at the academy and lost.”
“I see.” Leon replied, his face impassive. “That’s not entirely surprising for a boy his age...”
“That’s not the point!” Artemis said quickly, feeling her anger at the foolish boy rising to the fore again. “The boy he picked a fight with was Terrence Eaves, the Trident Stargazer!”
At this Leon’s face went expressionless. Artemis knew that look; beneath that impassive exterior his mind was working fast to determine the web of scenarios that could branch out from that encounter and what the appropriate response would be to each one. It was a technique that he had had to hone early, and it had been what had caught Atlas’s eye and eventually elevated him to his position as his personal assistant. “Personally,” she said. “I believe he needs to be kept on a much shorter leash if he’s going to behave that way.”
“That would be best.” Leon agreed, stirred from his thoughts. “More supervision would certainly curtail any further escapades.” Artemis nodded. She hadn’t been in the mood to press Vincent on the matter any further, but her fear, and no doubt Leon’s too, was the possibility that he hadn’t simply “just” fought Terrence Eaves, that by doing so he had caught Trident’s attention. She and Leon were both cued in to Lifeline’s network and dealings; they were both well aware of the accomplishments Trident had achieved already in their brief existence. Theirs was the type of scrutiny they did not want to deal with.
“As for the matter of Trident themselves, I don’t believe we should be overly concerned.” Leon continued. “Yes, it was foolish of Vincent to antagonize them, but the odds of them being aware of us are slim. Powers aside, they are simply teenagers like any other, and the scope of Trident’s jurisdiction is very small in the scheme of things.”
“That’s true.” Artemis admitted, seeing the logic in her companion’s words. “Vincent’s foul mood probably just put me on edge.”
“No, it’s fair that you’re concerned.” Leon replied, his voice and expression softening as they had when he had greeted her. “I’m sure the trip and attending the expo has taken a lot out of you.” he said gently. “You’re not scheduled to fly back until the day after tomorrow, yes? Get a good night’s sleep tonight and spend tomorrow relaxing, Art. I’ll take care of everything on my end, so don’t worry.”
Artemis allowed herself to smile. Yes, Leon was right, she was just tired and had let Vincent get to her. She recalled the advice that her driver had given her upon her arrival and figured that he had a point: their work, both legitimate and not, was quite important, but so was the health of her mind and body. A day all to herself sounded like it was exactly what she needed.
Leon noted her softening expression and smiled himself, looking fondly at her image on his side of the computer screen. They didn’t need to exchange any further words. “Well then,” he said. “Have a nice night Art, and we’ll talk again when you return.”
“Thank you.” Artemis said warmly. “Have a good night as well, and tell the others that I said hello.”
“I will. Good night.” Leon leaned forward, hand reaching for a key just outside the camera’s field of vision and the display went dark. Artemis leaned forward herself and clicked out of the program, then leaned heavily back in her chair, eyes closed and still smiling softly. Leon was always keeping her in mind, ever since they met what felt like so long ago, and she deeply appreciated it. Perhaps a splash of wine was in order after all to ease her into a deep and restful sleep after a long, busy day.
Excerpt 2: On Stargazers 2
The combined populations of both Lagoon and Heion are 7.3 billion, yet out of all that teeming mass of humanity, there are only 217 currently-active Stargazers cataloged by SPHERE. However, it is estimated that the actual Stargazer population is closer to three-hundred when one factors in those who have either slipped through the cracks, have yet to be identified, or simply hide their powers from discerning eyes.
Regardless, it cannot be stressed that the odds of any one person becoming a Stargazer are incredibly low. It is two-thousand times more likely that a person will be struck by lightning at least once in their lifetime than becoming a Stargazer. The vast majority of the human race will go about their lives never once seeing or meeting another Stargazer face to face.
Whichever sex, gender, orientation, age, or nationality one identifies as has no bearing on whether or not they become a Stargazer.
Despite their rarity, there is one thing that is certain: whenever someone becomes a Stargazer, they will always come into contact with more. This is mainly due to how SPHERE and Lifeline prefer to keep them close together both to provide familiarity and ease of surveillance, but some speculate that Stargazers are intrinsically drawn to one another, as if yearning to be around others of their own kind...
Terry should probably start picking up the pace if he wants to keep his status as the main character. Something's going to actually happen at some point, I promise!
May 21st, 2016 10:43 AM #4
Another six months (??!!) another chapter of Stargazer: Slice of Life Edition.
Chapter 4: Arm's Length
As the month of May continued to pass by Terry and his classmates found their workload increasing exponentially as they got closer and closer to the end-of-year exams. By now their time at school consisted entirely of review work, and they had even more of those seemingly-endless review workbooks to work on outside of school, to the point where he was starting to wonder if he’d even be able to lift his bag if he put all of them in at once. He, Daniel, Akira, and River had pretty much taken over the dorm’s rec room after school and they spent much of their evenings doing more review work, both together and silently depending on the mood and difficulty of the material. The mess that formed on the floor’s center over the weeks, pages of literary criticism, math formulas, work and review sheets, scribbled notes, open textbooks, and empty candy wrappers and potato chip bags were truly becoming a sight to behold, to the point where one could tell who sat where by the sort of detritus that was left behind. They didn’t see much of Nova; he spent most of his time at the dorm locked inside is own room, absorbed in his own studies. He never joined the others in their study sessions, for as a second-year he had a completely different curriculum. Even Akira was buckling down and attacking his studying without a word of complaint, though Terry did notice that he hadn’t said a single word about next year’s class sign-up after they had submitted their applications; odd, but they did have more pressing things to attend to at the moment. Terry was glad that no Stargazer business popped up to interrupt them, and as their final study session drew to a close late in the evening on Sunday May 31, the day before exams were to start Akira dramatically threw down his pencil and all but collapsed on the adjacent sofa.
“Almost there...” he sighed. “One more week, and then I don’t have to care anymore.”
“Same here.” Terry replied, imagining that he looked just as exhausted as he felt. When the following morning rolled around he didn’t feel like he was fully rested, but this was probably going to be the most ready he was going to be. When he and his friends arrived at school that morning the entire student body definitely felt more subdued than usual, with more than a handful sporting caffeinated zombie looks. For the final full week of school the schedule was laid out differently than normal; after each homeroom period they had an hour-long block of free time for last minute review/study/cramming before being handed their materials for the day’s exam and spending the next several hours working on it right up until lunch, and after gulping down their food it was back to the classrooms for the second half of the exam, which they worked on straight up until dismissal at three.
That was the shape of their existence for five days straight, and after the brutal math exam on Thursday Terry was relieved that their final exam was History, his favorite subject. He breezed through that one and spent the last forty-five minutes of the school year with his head resting on his desk, dozing peacefully. “And now I can finally stop caring!” Akira declared once they had finally been dismissed and a joyous cheer had reverberated throughout the entire building. “Summer vacation! Finally!”
“I hear you loud and clear.” Terry said happily, feeling both relieved and proud that he’d managed to make it through his first year at Marine Cove Academy. They were still going to have to come in for a few hours on Monday, but from what he understood it was only a formality really. After that there would be nothing on the horizon; no schoolwork, no Trident missions, no obligations. They could relax.
“And you know what else?” Akira added, grinning. “This Wednesday’s the day that we’re scheduled to fly out to the Morgana Islands!”
Terry had pushed the trip to the back of his mind during the exam crunch time. “Oh yeah,” he commented as they were heading out towards their class’s lockers, something easier said than done as they had to go against the general flow of the crowd in the hallways. “I suppose I should do some shopping this weekend.”
“A pair of swimming trunks, travel bags, toiletries, that sort of thing.” he replied. “I’ve never really gone on a trip like this before.”
“You’ve never gone on vacation before?”
“As I just said, not like this.”
“I see.” Akira commented. “I guess I could do some shopping too... And I bet the same would go for you as well, huh?” This last bit was directed towards River.
“I suppose.” River replied without much visible enthusiasm. She must’ve done all sorts of traveling around the world as a former member of an underworld criminal organization, Terry thought, but it couldn’t have been very enjoyable. He often felt the urge to ask her about all her former life, but he knew she wouldn’t appreciate that. Better to wait until she was ready to open up herself, however long that took.
“So why don’t we all go out and do our shopping together?” Akira suggested brightly. “It’ll be Saturday after all, so we need to do something to celebrate the end of exams!”
Celebrating something by spending money; that definitely sounded like something a city dweller would do, Terry thought. But Akira was right, a day out on the town sounded like a good way to unwind after the grueling week they’d just had. “Sure.” he told his friend. “I’m up for that.”
“Cool.” Akira said before addressing River. “How ‘bout you?”
“Well...” River looked a little hesitant, as she had when Akira had first proposed this trip. Again Terry was about to suggest that she should come along when Akira quickly interjected.
“Oh I know!” he exclaimed, a cheerful look on his face. “So you won’t be lonely...” He stood up on the balls of his feet to look over the top of the crowd. “Hey!” he called out, hands cupped around his mouth. “Karen! Over here!” Terry craned his neck and saw that he was addressing a conspicuous patch of white visible amongst the bobbing heads in the hallway, and once she saw Akira’s confirming wave she did her best to make it over to them, no easy task given the crush of departing students and the knots standing in the hallway still.
“Hi guys.” Karen said once she had squeezed her way up to them. “What’s up?”
“Well,” Akira began. “the three of us,” He gestured unnecessarily to indicate Terry, River, and himself. “are planning a little shopping trip for tomorrow to stock up on stuff we’ll need for the big one next week. Interested in coming?”
Karen’s face immediately lit up. “Oh yes!” she exclaimed, her eyes suddenly shining brightly beneath the brim of her hat. “I’d love to!”
“Awesome!” Akira said. “See River, now you won’t be the only girl!” River looked rather nonplussed.
“So where are we meeting?”
“Where? Uh...” Akira closed his eyes and thought. “How about at Birch Square?” he suggested. “There’s a big coffee place there that we can meet up at. Does ten-thirty sound alright?”
Karen spent the rest of the day in a very good mood after saying farewell to Terry and his friends. Exams were over and done with, summer vacation had arrived, and she found herself looking forward to this shopping trip almost as much as the one to the Morgana Islands. Though they’d never not been friendly towards her, they’d always seemed to be rather tight-lipped when it came to their personal lives, so she was glad to see that they were trying to be inclusive in inviting her out like this. Hopefully this would be her chance to learn more about what they got up to.
Upon waking up early the next morning Karen found herself confronted with the problem of what she should wear, a good percentage of her wardrobe’s contents laid out on top of her bed while she tried to decide. It was best to try to match what her friends would be wearing as much as possible so that she didn’t stick out like a sore thumb, but she’d never seen them outside of their school uniforms. So she did her best to try and imagine what sort of casual clothing Terry and River would wear. She knew that Terry was from the mid-west and seemed pretty outdoorsy, so she could imagine him going with a rugged look with jeans, heavier sneakers or boots, button-down shirt, maybe a light jacket though it was supposed to be warm today... Then on the other hand she thought River looked rather elegant in the Academy’s uniform, and given the way she carried herself Karen could imagine her in a blouse, skirt, leggings, and light cardigan - just refined enough to be semi-formal without overdoing it. But then again she was also pretty athletic, thought not quite sporty, so maybe she’d instead go for a much more light and casual look? She frowned hard at the selection of clothing before her. There were just so many possibilities! Blouse, shirt, or tanktop? Skirt, shorts, or capris? Sandals or flats? And then how would she coordinate the colors, and which accessories would she wear? It took her a good fifteen minutes agonizing over her outfit before she finally decided on a simple flared-sleeve yellow blouse, shorts, and simple white sneakers. She adjusted her hat in the mirror, grabbed her bag, some breakfast to eat on the way, scribbled a quick note for her dad, who was still asleep in the living room’s easy chair, magazine plopped over his face, and headed out.
Birch Square was a fifteen minute ride away on the monorail, and Akira had been referring to the Chalmer Coffeehouse, part of a large business/office complex located right across the street from the station. “Coffeehouse” was a bit misleading given that it was large enough to have a second level that overlooked the square, and it was already jam-packed with the morning rush despite it being the weekend. Karen was relieved that she had thought to grab something from home for breakfast already as the lines leading up to the registers were quite long and she had to snake her way through the crowd carefully, her hand protectively over her bag. Upon finding a small gap she stood on her tiptoes to see over the heads of the crowd but didn’t see Terry or the others anywhere, neither standing in line nor seated at any of the tables or booths.
So she made her way over to one of the two flights of stairs that lead up to the second level, where it was less crowded and a little quieter, though the pulsing buzz of conversation from below was still present in the background. She started to peer around the floor when she heard a voice from behind her call, “Hey! Over here!” Terry and River were seated at a set of upholstered chairs set in a corner by one of the wide windows that offered an expansive view of the city outside, the former waving in her direction.
“Hey guys.” Karen said as she approached, sliding her bag off of her shoulder and onto her lap as she sat down in one of the free chairs.
“Glad you found us.” Terry said after River wished her good morning. “I was thinking we should’ve texted you since it’s so busy down there.”
“Where’s Akira?”
“Oh he’s here.” Terry said, taking a sip of the iced coffee he was holding. “He just got one of those candy frappe drinks that take forever to make, and you saw how long the lines were down there, so... Did you want to get something? We don’t mind waiting.”
“No thanks, I already ate on the way here.” Karen replied. She was glad that she had decided to dress down after all, since her two classmates were both dressed in causal jeans and T-shirts; Terry in a black shirt with an asymmetrical stripe pattern while River had on a close-fitting gray and maroon shirt that reminded her of a soccer jersey.
“Is something the matter?”
Karen suddenly found River’s vivid blue eyes on her and realized that she had probably been staring at the two. “Oh, no!” she exclaimed, feeling awkward. “It’s just... I guess this is the first time I’ve seen you guys wearing something other than your school uniforms.”
“I guess it is.” Terry said, shrugging as he took another sip of his drink.
Thankfully a loud voice called out to them before an awkward silence could ensue and Karen turned in her chair to see that it was Akira, stepping around a forest of tables and chairs occupied by people on their laptops, a large, creamy-looking, mud-brown drink in his hand that was topped by a swirl of whipped cream. “Hey guys!” he called as he plopped himself down in another one of the empty chairs. “Hey Karen!”
“Hey.” she replied. “How are you?”
“Doing great, doing great!” he said enthusiastically, looking and sounding like he didn’t need any of the copious amounts of sugar that his drink surely contained. “Now that we’re all here,” He looked around the group. “Anyone have any suggestions for where we should go today?”
“I dunno, I’m not all that familiar with the shopping scene around here.” Terry said, leaning back in his chair and contemplation. “I don’t shop for clothes much, and when I do I order most of my stuff online... I only really know of the shopping centers around the Penumbra Convention Center...”
Karen immediately noticed the corner of River’s mouth grimacing slightly at that name, and soon enough Terry and Akira both followed suit, as if momentarily recalling bad memories. Akira quickly spoke up. “I don’t think so.” he said. “That part of town’s kinda expensive, and I’d like to avoid getting in touch with my inner wallet if I can.”
Terry shrugged again and then looked towards Karen. “Do you have any ideas?” he asked. “I think you would know best, since you’re actually from this city and all.”
“Well...” Karen thought for a moment, mentally filing away those odd looks. “Oh, how about the Sea Diamond Market?”
“Where’s that?” Terry asked.
“It’s back in the direction where I live, a few blocks away from the waterfront.” she explained. “While there are some high-end places there, there’re plenty of normal stores there, and it’s all mostly outside. We can have lunch there too, since there’s a big outdoor food court there as well.”
“I’m fine with that.” Akira said. Terry and River voiced no objections either. “Alright then, that will be our destination for the day! Let’s go!”
The Sea Diamond Market had always been busy whenever Karen went there, but on a balmy, near-summer day like this one it was especially lively. The shopping complex primarily consisted of four double-tiered buildings - shopping establishments on the bottom, eateries on top - built around a large, naturally diamond-shaped piazza. Around the large fountain serving as a centerpiece were tables and chairs of passerby to relax in, and numerous merchandise kiosks hawking all sorts of cheap jewelry, souvenirs, T-shirts, and many other miscellaneous odds and ends. There was quite a diverse crowd here, and when she and the other three arrived a large crowd had formed around a street performance, where young men were putting on a show of impressive gymnastics set to techno music pulsing from an old, large boombox.
“Can you do backflips?” Akira asked Terry as the crowd burst into applause at a particularly impressive feat of acrobatics.
“No, I can’t do backflips.” Terry replied in a tone that suggested the topic was an ongoing thing between them. “They’re showy and offer no advantages whatsoever in a real fight.” Karen grinned to herself.
After a brief discussion they decided to split up to do their shopping, the boys going one way and the girls another, and meet back up for lunch in an hour. River said that she wanted to look inside a bookstore she had seen on the way in, so that’s where she and Karen went first. Karen ambled idly through the shelves, occasionally taking out a book to lazily leaf through; she wasn’t a huge reader, but River on the other hand appeared to be a voracious one. At school she had always seen her with an open book whenever there was a spare moment, and when she returned with a small stack of books held in her arms Karen tilted her head in order to read the titles on the spines and recognized none of the authors, who all had harsh-looking names that looked like they were from northern Darlsine. She asked about them.
“They’re all Danz authors.” River replied. “I’d prefer the original texts, but a translation will do for now.”
“You can speak Danz?” Karen asked. She hadn’t known her classmate was bilingual. “Are you from Danzier, then?” she asked, and River simply nodded. That did make sense, Karen thought, for even though she didn’t have much, if any of an accent as far as she could tell River did have the fair sort of features people from that part of the world usually had. The name “River Serac” didn’t sound like it was Danz, though. “How did you end up over here, then?” she asked. “Did you come over on an exchange program like Akira did?”
Another curious look of discomfort passed across the girl’s face before she replied, “Something like that.” in a rather evasive manner and turned towards the check-out line. Was she perhaps shy? Karen wondered. That didn’t quite match the her cool and calm image.
Regardless, she decided to poke around the store a little more herself and smiled a bit as she passed by a spinner displaying copies of the latest comic book issues. When she was little she had had her dad buy her a couple that she had read over and over until the pages were worn and falling apart, enticed by the adventures and heroes within. Eventually she decided to buy a novella for the flight out and an illustrated guide to the flora and fauna found south of the equator. Once she met back up with River she suggested that they head next to the largest store in the complex, the Vellance clothing store for some vacation clothes. After wandering over to the summerwear section Karen found herself contemplating an enormous rack of swimsuits. She pulled out a few, looked them over, tried to imagine what they’d look like on her, then replaced them and moved on to a different part of the rack to repeat the process. She frowned to herself as she put another back on the display, one that was a nice, appealing color but exposed just a bit more than what she was comfortable with. It was quite a challenge, she thought, trying to find something that struck the right balance between being flattering while not showing off an excessive amount of skin. “You’re so lucky, River...” she commented absently as she moved down the line. “I’m sure you’d look good in any of these with your figure...”
River, who was examining a rack of sunglasses opposite, gave a sudden live-wire jolt and nearly fumbled the pair she had been holding in her hands. “Huh?! What’re you -”
Karen blinked curiously at the sudden turnabout. That brief, wide-eyed startled expression was very far removed from her classmate’s usual behavior. “Well, it’s true.” she insisted. “I mean, you’re athletic, but you’re still slender and still have, y’know, curves and stuff...” Saying this aloud was making her feel embarrassed too, so she quickly changed the subject. “A-Anyway, have you ever been on a vacation like this before?” she asked. “I’m guessing Danzier is a little too cold for the beach, right?”
“The cold doesn’t bother me.” River replied, recovering. “Danz summers are comparable to days like today, actually, so there are still plenty of people who go to the beach then. But no, I haven’t gone on a trip like this before. Not for leisure, at any rate.”
“I’ve been to the west coast a few times to visit my mom.” Karen said as she pulled another swimsuit off the display rack. This one she actually liked the look of, but it was just a bit too pricey for her. River meanwhile seemed to settle on which pair of sunglasses she wanted and turned to join Karen in gazing at the swimsuits. She slowly made her way to one side, then the other, then circled around, all the while without her expression changing much aside from the slight flush of pink slowly fading from her cheeks. Looking at the slow, lazy movements of her feet and occasional listless pawing at the rack, Karen wondered if the other girl just couldn’t decide on something, just like her.
So she plunged her arms in to the rack and slide some of the suits aside until she found one that she thought looked promising. This one was a sky blue two-piece that came with a translucent shawl that one could wrap around their waist, almost like a knee-length sarong. “How about this one?” she asked, pulling the item out from the selection and holding it up for her classmate to see.
“What about it?” River asked, her eyes glancing over the blue suit within the plastic packaging.
“What about it?” Karen repeated, deciding just to roll with her. “I think this one would look great on you, that’s what.”
“You do?” River looked skeptical.
“I’m serious, really!” Karen insisted. “I think this color fits you really well, and your legs are long enough to make the wrap look work. If it looks good on this model,” she said, indicating the picture on the packaging. “it’ll look good on you! I guarantee it!”
River took the package from her and spent a few moments looking down at it with that indiscernible gaze of hers. “At least give it some thought, alright?” Karen prompted. “Of course, you don’t have to buy it if you don’t want to or find something you like better.”
“No, I just...” River closed her eyes briefly and seemed to sigh. “I’ve just never really done anything like this before. It’s all new to me.”
Yet again Karen had to wonder at what sort of life her classmate had led in which vacation preparations gave her so much trouble, but she refrained from saying anything, guessing that that wouldn’t be a very tactful question to ask. To her surprise River’s expression warmed up a bit, and when she said, “But thank you for trying to help. I’ll trust your judgment.” Her voice sounded genuinely grateful.
“Oh no, not at all!” Karen replied, feeling aglow at receiving the normally-taciturn girl’s gratitude. “Actually, well...” She sheepishly adjusted the brim of her hat. “I’d like it if you could help me pick something out too, pretty please?” River looked honestly befuddled at the turnaround, like Karen’s arms had suddenly sprouted feathers. She couldn’t help but chuckle aloud at the look on the other girl’s face. “Come on, it’s fun!”
Once the hour was up Karen and River returned to the middle of the market’s plaza, and it didn’t take long to find the two boys seated at one of the tables just outside the fountain’s spray zone, their shopping bags resting on the ground at their feet. Terry, Karen noticed to some slight surprise, had more with him than Akira did.
“How was your shopping? Did you find everything you needed?” Karen asked as she and River sat down with their bags in two other chairs Terry had quickly grabbed from a neighboring table for them.
“And then some.” Akira said, sighing in a rather put-upon way. “Shopping with this guy is worse than shopping with a girl. No offense, of course.”
“What did you buy?” she asked.
“A pair of swimming trunks,” Terry began, beginning to count off on his fingers. “a pair of sandals, some new shirts, sunscreen, bug spray, then I saw a sporting goods store and decided to get a new pair of wristbands for training because the ones I’ve been using are starting to get gross and...”
“...and you get the picture.” Akira cut him off, shaking his head as if this was just so unbelievable. “Anyway, I’m hungry! Let’s get some food!”
So they headed upstairs to the market’s open-air food court, selecting a table beneath the shade of a large cloth tarp that had been hung over a section of the space. “They’re surprisingly large birds.” Karen overheard Terry comment as they settled in, his eyes on some seagulls that were perched on a nearby railing. “We’re quite close to the water, aren’t we?”
“Yeah, it’s only a block or two away.” Karen said as she was putting her things down. “After we eat we should go see the waterfront; it should look really nice today.”
“That’s a good idea, I haven’t actually seen the ocean before...”
“Wait, you seriously haven’t?” Akira asked with a tone of bemusement. “You?”
“...’with my own eyes,’ was what I was about to say.” Terry finished, glancing sidelong at his friend. “I come from a landlocked part of the country, in case you’ve forgotten.”
“In that case we should definitely go see it.” Karen suggested brightly, and the others concurred. They took turns leaving to go buy their food, and when they were all assembled again and began to dig in she decided to try making conversation again. “So, what do your families do?” she asked. “I don’t think we’ve ever talking about them much before.”
There was a moment of silence from the others before Akira spoke up. “There’s nothing too special about my family.” he began, after swallowing some of his hamburger. “My mom stays home, and my dad’s a salaryman. It’s a fairly typical thing back home. Traditional.” He put air quotes around that word. “Then my brother,”
“Oh, I didn’t know you had a brother.”
“Yeah, I don’t think I’ve ever mentioned him at school before, have I?” Akira said, nodding. “He’s older than I am, and he’s already graduated from college. Last I heard he was trying to apply to Tenkai Energy.”
“What’s that?” Terry asked.
“An energy engineering firm.” Akira replied. “They focus on designing and building fusion reactors and similar stuff. He won’t actually be building the stuff though, he’d be part of corporate.”
“You don’t know if he got in or not?”
“No, not really.” Akira shook his head, and for a moment his tone had a touch of wistfulness, if not weariness to it. “We’re not as close as we used to be, so we haven’t been in touch lately. He’s a smart guy though, like really smart, so I’m sure he’s fine. When I go home over break I’ll make sure to ask about him.”
“Okay, so, what about you, Terry?” Karen asked, turning to him. “I think you mentioned something about living with your uncle?”
“Yeah, I have.” Terry replied, but the moment the words had come out of her mouth his expression had suddenly grown tight and steely, and she was suddenly reminded of that look he had had when he punched out that boy from school. “He’s a contractor.”
“What about your parents?” she asked, feeling suddenly like she was navigating a minefield. “Well, if you don’t mind me asking, that is...”
Akira and even River were looking a little wary now, and Karen realized now that there had to be a reason why Terry had avoided speaking much about his family up until this point. Akira seemed like he was about to try changing or deflecting the subject, but Terry raised his free hand slightly as he took a sip of his drink as if to ward him off and said, “No, that’s okay.” He put his drink down and folded his hands in front of him. “If you really want to know, the reason why I live with my uncle is because neither of my parents are a part of my life.” A slight crease had formed on Akira’s brow; apparently this was news to him too. River seemed like she was focusing on a spot on the table, looking occupied by her thoughts.
“I’m...sorry to hear that.” Karen said apologetically. There was definitely bad blood then. “If you feel like I’m prying then,”
“I said it was okay.” Terry told her, voice calm and steady. “It’s better to get this out anyway.” He closed his eyes for a brief moment, then resumed. “My dad he, well, he passed away before I was born, so I never knew him. My mom on the other hand, lives and works on Heion, as an astrophysicist for SARA.” As he said this he looked up, instinctively perhaps, at the tarp gently flapping overhead, as if he could see through it to the sky beyond.
“And...you don’t see each other at all?” Karen asked, her voice small and quiet.
Terry shook his head. “No, I haven’t seen her since I was a little kid. The last time we ever communicated with each other was shortly before I left to come here.”
“Oh.” What Terry was revealing about his family’s situation was making Karen think about her own. Her mother lived on the other side of the country and she always flew out there to visit her during the summer, so even though they were apart they could still spend time as mother and daughter. Terry and his mother though, were separated by a much greater distance, and as a result it sounded like their relationship had atrophied away. “That sounds so sad.” she heard herself say aloud, and immediately felt her cheeks go warm.
Terry didn’t appear upset, however. “Maybe.” he said. “But if my situation was any different, I probably wouldn’t be where I am now and know the people that I do.” He gave a small shrug. “At least some good’s come out of it.”
“Yeah,” Karen said, not knowing what else to say. Despite Terry’s reassurances, she could still see that distant look in his eyes and hear the tightness in his tone, leaving her with the feeling that she was intruding on something. “Ah ha ha...” she let out a small, nervous laugh, trying to break through the tension she was suddenly feeling. “I’m almost afraid to ask what your family does now, River.”
River’s reply was swift. “Then I suggest you don’t.” she said in a cutting voice.
“River!” Terry said in admonishment, instantly scowling, but the girl didn’t reply to him, instead simply excusing herself from the table and walking away to dispose of her trash. He sighed and shook his head when she was gone. “Don’t feel bad.” he said apologetically. “River’s a bit...sensitive when it comes to certain topics.”
“’Touchy’ is the word I would use.” Akira muttered, earning him a quick dark glance from his friend that appeared to go unnoticed.
But Karen didn’t really feel reassured. The look in River’s eyes when she had cut her off was the same look she’d had when she’d driven off those bullies, only now that sharp, cold glare had been directed straight at her instead. “Did...something happen between her and her family?” she quietly asked.
“Uhhhh, kinda.” Terry said, looking rather uncomfortable. “It’s not something I think she would like us talking about, especially behind her back.” Akira looked a little confused as he sipped his drink, but didn’t say anything.
Karen turned her head a bit to take in the rest of the food court. River hadn’t made to return to their table; Karen could instead see her at the railing, staring out in the direction of the waterfront with her back facing towards them, alone.
Karen didn’t have much opportunity to speak with Terry and the others on the final day of school thanks to the final few hours of the school year being dominated by the end-of-year assembly. When she greeted them in homeroom Terry and River responded in the same manner they always had. There was no indication that they felt like she had invaded their privacy the other day, but River’s harsh tone and the brief, ugly look in Terry’s eyes still stuck with her. As she sat in the main auditorium along with the rest of the school, listening to the headmaster’s speech, her thoughts wandered and she couldn’t help but feel that even though she’d known them for nearly a year now there was still very much a sense of distance between herself and her three classmates, and that she still really didn’t “know” them. She hoped that she’d be able to speak with them again afterwards, but in the chaos of the school’s final dismissal she lost sight of them, and resigned herself to walking to the monorail station alone.
As she was crossing the school’s bridge she checked her phone, looking at the newly-arrived text messages congratulating her for completing her first year at Marine Cove Academy. There were four total: one from her father, another from her mother, and two more from some of her old friends. When she had spread the news that she had been accepted into the Academy there had been more, but sadly it made sense that some of the people she had used to know would drift away now that they weren’t seeing each other every day. It was really difficult to make new friends.
When she was wondering if Terry or Akira were going to send her a message she heard a vaguely-familiar voice call out “Hey, you!” and didn’t pay it any mind until it called out again, a lot closer and apparently directed at her. She turned and saw an unfamiliar student coming up behind her, a blond-haired boy with a serious look on his face.
“Hey,” he said. “Do you remember who I am?”
Karen frowned. “No, have we met before...?” Wait, she thought, that voice did seem a little familiar, and now that she was focused on him, the face seemed familiar too... “Wait!” she suddenly exclaimed, recognition snapping into place. “You’re that boy from the park! You’re the one who picked a fight with Terry!”
“Yeah, that’s right. Me.” Vincent said. He didn’t look very happy, that arrogant expression she remembered being replace with a scowl. His two lackeys were nowhere to be seen.
“What do you want?” she asked warily. This boy had tried to fight Terry and lost, badly. She couldn’t imagine him being up to anything good.
“I know you’re in the same class as that guy and you hang out with him and his friends, right?” Vincent asked, grimacing. Apparently he couldn’t even bring himself to speak Terry’s name.
“Yes...? He’s my friend...” Karen replied, and suddenly she felt her stomach twist in her gut as she remembered the vulgar accusations those bullies had thrown at her. “I-It’s not... I mean, I’m not...”
Vincent cocked an eyebrow and her sudden stammering. “What’s up with you? I’m just here to give you a piece of advice.”
“W-What do mean?” Karen asked. She didn’t even know this person, what sort of ‘advice’ could he give her?
Vincent shifted his stance a bit, and leaned forward slightly and said in a conspiratorial tone, “Well if I were you, I wouldn’t hang out with him.” Before she could say anything in response he continued: “They’re not your kind of people. They’re different, if you know what I mean.”
“No, I don’t know what you mean. What are you trying to get at?”
“Oh, come on!” The boy sighed and rolled his eyes in an exaggerated display of frustration. “You know exactly what I’m talking about here! I saw the look on your face when that guy punched me out!”
The image of the cold look that had been on Terry’s face, so unlike his usual self, came back to Karen. “So what?” she tried to retort. “He’s still my -”
“Friend?” Vincent finished for her, and now he had the shadow of the smirk she remembered him having plastered on his face. “Yeah, keep telling yourself that. Believe me, there’s a whole ‘nother side to him and his group that they’re keeping from you. Claiming to be friends with someone while you’re keeping stuff from them isn’t very fair, you know? I certainly wouldn’t call it pure friendship.”
“I...” Karen had no reason to trust what Vincent was saying. He talked about the possibility of friends being dishonest with each other, but it wasn’t like he was a friend; she didn’t even know him, or have any reason to find him trustworthy!
...But even so, in light of what had happened the other day, his words still triggered a pinprick of doubt within her chest despite all her attempts to ignore it.
“I see you get what I’m talking about, you’ve got that look on your face again.” Vincent said, looking her over. “Think about it, okay?” He began to walk away.
“Wait!” Karen shouted, and he stopped and peered back over his shoulder. “Why are you telling me something like this? Who I’m friends with is none of your business! What makes you think I’ll believe anything you tell me?!”
Vincent shook his head. “You’re the kind of person who’s good and honest, right? Don’t get me wrong,” He shrugged and took a few swaggering steps back towards her. “I think it’s an admirable way to live, heck knows there aren’t a lot of people out there like you. However...” Here he leaned in close and his voice adopted a low, conspiratorial tone as a group of students walked by them, chatting amiably about something or other. “goody-two-shoes always end up being the ones who get chewed up and spat out. So just consider this some friendly advice, okay? So you won’t end up getting stabbed in the back later. That’s all.”
And with that Vincent turned on his heel again and walked away, leaving the girl standing there on the bridge, appropriately dumbfounded. As he left her behind his mouth broke out into a broad grin. He’d done it! For weeks he had been thinking of a way to get back at Eaves for humiliating him that wouldn’t bring about Artemis’s ire and he had been having his hanger-ons sleuth around and spy on the group. Eaves seemed to have a generally decent reputation among his classmates, but he and his core group of friends tended to be rather insular though it wasn’t necessarily apparent at first. Given that they were really Stargazers that was only natural, but it gave him an avenue of attack.
While Eaves and his Trident companions were perfectly cordial if distant towards the rest of their classmates that girl, Karen Emerage, was the only other student that seemed to penetrate their circle, and even then they were still holding her at arm’s length. Vincent himself had observed how she often choose to socialize with them rather than with the other girls in her grade and how she had a lightweight personality. He learned of an incident towards the start of the school year where a member of Eaves’s class had turned on her during an anti-Stargazer tirade and he had risen to the occasion like a good little white knight to defend her. Her demeanor around him, the swing back and forth between subtle bashfulness and bright-eyed, hopeful expectation... She was crushing on him, no doubt about it.
Once he considered that and recalled that look of fright he’d caught a glimpse of and one of his spies had reported overhearing them discussing their upcoming trip to the tropics together he’d hatched his plan. All he’d had to do was find a moment where he could speak with her alone, and come up with something that Rafael would say. So what if Karen claimed that she didn’t believe him? The expression he had seen on her face as he had left her behind was evidence enough that his words had gotten through her thin skin and the seed of doubt had been planted. Now all that was left was letting her own mind fill in the blanks for her.
Vincent grinned to himself as he walked past the school gates and mingled with the mass of people already walking Marine Cove City’s busy streets. Vacations were about making memories, that Kamaguran kid had said. That was such a cheesy line, but he could only imagine what sort of memories they’d be left with when their friendship was exposed as the halfhearted sham that it was.
Excerpt 3: Stargazer Classes
While Stargazers have been referred to by many different names throughout history, the most widespread nomenclature used today dates back to the 18th century Hellan philosopher Hippolytus. After reviewing numerous texts on Stargazers from all over the ancient world he broke them down into seven distinct classes, each one named after one of Hellas’s seven sacred symbols:
Taurus: Taurus Stargazers tend to have powers associated with the classical element of earth in some way, such as the ability to manipulate hard elements such as stone or metal. Of the seven, Taurus Stargazer abilities seem to have the greatest amount of variety between them, and many of them are noted to have strong-willed or hardy characters.
...Anthony “Deck” Ballast, Theodore “Nova” Bowne, Tracey Gibbon, Klwali Gowani, Jessica Liqua, Simi Tang, William Urn (...)
Leo: Leo Stargazers are very easy to classify, as the predominate theme with their powers is the application of heat and fire. As such many of their abilities tend to be more overtly harmful than other Stargazer classes, which unfortunately carries with it an added stigma.
...Pieter Cosmatos, Matoi Hiyama, Tera Ibis, Rhodes Mackson, Jason Kells, Sayren, Abu Singh, Lison Veroux (...)
Aquarius: As the name suggests, Aquarius Stargazers derive their powers from the element of water. In Hippolytus’s time Aquarius Stargazers were revered for their supposed abilities to calm the sea and they were often viewed as emissaries of local sea deities. The most famed Aquarius Stargazer is Martin Cresceau, lifelong friend of explorer Clement Rande. Thanks to his abilities to alter sea currents he served as Rande’s navigator throughout his entire forty-year period of exploring the Tresca Ocean.
...Kun Ben-yu, Megan Conner, Benjamin Hill, Constantin Prodan, Diogo Ribero, River Serac, Lacie Yang (...)
Sagittarius: Stargazers with dominion over air and sky. Similar to Aquarius Stargazers, Sagittarius Stargazers enjoyed much reverence in the ancient world due to the sky often being seen as the realm of the gods and especially in dry areas where the relationship between wind and life-giving rains were well understood. Sagittarius Stargazers often became local folk heroes.
...Sires Ailven, Damon Beck, Akira Kamiya, Gwnurodr Manwue, Deirdre Mellows, Pen Strike, Espella Underzo (...)
Gemini: The dominion of Gemini Stargazers is often said to be electricity, but it would be more accurate to say that their power encompasses electromagnetism, or the concept of “waves” in general. As such, Gemini Stargazers tend to have a fair degree of non-combat-related utility.
...Terrence Eaves, Wei Gao, Coral Jewing, Tschering Lamo, Francisco Nuoci, Barry Porter, Randis Wivven (...)
Virgo: The final two Stargazer classes, Virgo and Capricorn, share a certain degree of duality between them. While the other classes can be neatly categorized under “fire”, “water”, “earth” and so forth, Virgo has often been referred to as having the power of both “light” or “creation”. The creation aspect has some commentators claim that Virgo Stargazers are the most “pure” Stargazers. This belief is borne out by the fact that the Stargazer considered to be the current strongest, REDACTED, has the ability to REDACTED.
...Andrew Due, Dennis Ganut, Serena Harklite, Takeshi Irohito, Aaron Overman, Daniella Tuso, Po Xue (...)
Capricorn: If Virgo is claimed to be “light” and “creation”, than it can be said that Capricorn Stargazers have the power of “darkness” and “destruction”. Capricorn Stargazers tend to be stigmatized even moreso than Leos due to the destructive power of many of their abilities, with the most notorious Stargazer in recent history being a Capricorn. In 2615 a coup was launched against the national government of Agrippas, and when the tide turned against the attempted rebels their leader, a powerful Capricorn who called himself Dakila Manansala, used his power to poison the northern isles, and by the time he was killed he had managed to create a massive ecological disaster from which Agrippas is still recovering from over thirty years later
...Liesen Bernberg, Abbar al-Dac, Sean Graphton, Johan Hawking, Hogan Rette, Leia Turner, Ivanovitch Uvo (...)
As for how I chose for which sign corresponded with which element, Leo, Taurus, and Aquarius were no-brainers since those signs actually do symbolize fire, earth, and water in real life (though back when I was trying to use all twelve signs Aquarius was going to be strictly water while Pisces was ice and I dunno what I would've assigned Cancer to). Sagittarius represents wind and air because I've seen archery used as a wind motif plenty of times before, and Gemini is electricity to represent how there are two types of charges, positive and negative. As for Virgo, since its theme is light mainly, I assigned it a sign that has sort of a holy feel to it. Its opposite took me a little while to figure out. At first I was going to use Corvus, but that's not a Zodiac constellation. Then I thought of using Scorpio, but that didn't really feel right. Finally I settled on Capricorn because goat skulls are often used in satanic imagery, and satanism is certain an opposite to a holy virgin!
Last edited by Crossword; May 24th, 2016 at 01:55 PM.
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Home » Film & TV » Scream Season 1
Scream Season 1
Posted on June 7, 2016 by Jeremy Bishop // 0 Comments
Meet the New Boss
The original Scream, directed by Wes Craven and written by Kevin Williamson, turns 20 this year. I was in high school when it was released but didn’t catch it in the theater. I remember watching the movie when it came out on video and being pleasantly surprised; it was a horror flick that actually lived up to the hype. It wasn’t quite as good as Halloween or Craven’s first classic, A Nightmare on Elm Street, but Scream was a mean little horror movie with some extremely meta elements before meta was even a thing. It’s easy now to look back on Scream and group it in with all of the other (mostly) bad sequels and knock-offs it spawned but, like Halloween before it, the original still holds up.
Considering how much I like Scream, I was obviously a bit skeptical when I heard they were making a TV series out of the show. I was even more skeptical when I found out it would be on MTV, but the fact that Craven and Williamson would be involved assuaged my fears somewhat. Overall though, my skepticism mostly has to do with the episodic horror television show in general.
Episodic horror.
Supernatural and The X-Files are two of my favorite shows of any era — both could be classified as horror shows. The thing about them, however, is that the plots are secondary to the characters. Yes, there are monsters and bad guys, but the reason you care is because of the characters not the situations. If a viewer didn’t like Sam and Dean in Supernatural, it wouldn’t matter if the demons eventually won. The same goes for Scully getting abducted by aliens in The X-Files. The audience feels Mulder’s pain because they care about Scully too. My problem with a long-form horror show centered around one main season-long event (Slasher and American Horror Story) is that the character development usually suffers, which in turn makes the horrific scenes lack bite when they come around.
I am happy to say Scream doesn’t suffer the same fate. This show, outside of the new season of Beavis and Butthead from a few years ago, is definitely the best thing MTV has put out in a couple of decades. Now don’t get me wrong, Scream is by no means a great show, but it is definitely watchable and for the most part a well written, teen-slasher soap opera.
Not a well written teen soap opera.
Although throwbacks do happen, for the most part Scream stands on its own, apart from the film series. The reboot, like the film, begins with the murder of a popular high-school girl. The single murder quickly turns into multiple homicides and the town of Lakewood begins to recall another chain of murders committed decades earlier by a mentally deranged man.
At the center of the story is high school student Emma Duvall (Willa Fitzgerald), her mother Maggie (Tracy Middendorf), and several of Emma’s friends. As the season progresses it becomes more and more apparent that Maggie was somehow involved (though not criminally) in the original murders, and that there are a lot of things that have been hidden from Emma over the years. There are also several subplots involving people that are meant to peel back the layers of the oh-so-normal appearance of the town and its residents.
It’s nowhere near as good as Broadchurch though. Seriously, go watch Broadchurch.
Where Scream fails to live up to its predecessors is in the actual dread level. Although there are plenty of people in peril throughout the season, the ten-episode format really lessens the suspense from episode to episode and nothing ever seems to have much weight until the very end. Couple this with too many possible suspects (good for a two-hour movie, but not so much for a series), and the show falls flat on the suspense level.
My biggest problem as a horror fan is with the eventual reveal of the guilty parties. My wife guessed the killer and the motive around the third episode, and she was almost completely correct. She has watched about as many horror films as me so she’s very familiar with the tropes, but this one is so easy to spot that it’s almost as if the writers were trying to be as obvious as possible in an attempt to be seem ironically clever. Either way, it was lazy plotting.
Not Rescue Me season 3 lazy, but that’s virtually impossible.
Even with all of its problems, I would still recommend Scream to horror fans, particularly of the teenage variety. It is surprisingly not overloaded with terrible dialogue and lingo, not entirely dependent on goofy plot devices, and genuinely suspenseful towards the end. Be warned; the mask is really terrible and kind of looks like a doll face, but not the scary kind. Not quite Halloween-H20-Michael-Myers-mask bad, but bad none the less.
Please make it stop!
Kevin Williamson
Halloween Horror Showcase: Hocus Pocus (1993)
Halloween Horror Showcase: Creepshow (1982)
Star Wars: The Cash Register Awakens
Halloween Horror Showcase: Nosferatu (1922)
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From Nov 22nd To Nov 26th, 2017
Sydney From Nov 22nd To Nov 26th, 2017
Stoyanovskiy and Velichko aiming to impress on Moscow sand
Moscow, Russia, August 10, 2018 – Oleg Stoyanovskiy and Igor Velichko have a sizeable legacy to fill at the FIVB Beach Volleyball World Tour Moscow 4-Star tournament, but they are aiming to impress the legion fans that have come to support them.
Stoyanovskiy hails from Moscow, while Velichko comes from Obninsk, which is just over 100 kilometres from the Russian capital. It means that both players are well supported whenever they set foot on court.
“We are playing at home, in my home town and it is very special to play here,” Stoyanovskiy said.
“I’m playing in front of my family and my friends. I’m not sure how many, there’s a lot so I have to play well. I’m really enjoying playing here.”
FIVB Beach Volleyball World Tour - Moscow
Stoyanovskiy and Velichko teamed up at the start of the year, but they have quickly made their mark on the World Tour with silver at the Doha 4-Star Katara Open and gold at the Xiamen 4-Star.
The 21-year-old Stoyanovskiy knows what it takes to finish on the podium in Moscow as he and Artem Yarzutkin won bronze in 2017, just behind silver medallists Nikita Liamin and Viacheslav Krasilnikov.
Three years earlier Krasilnikov sent the Moscow crowd into raptures when he and Konstantin Semenov topped the podium after they defeated Latvia’s Aleksandrs Samoilovs and Janis Smedins in the gold medal match.
“A lot of Russian teams have played well here in Moscow,” Stoyanovskiy said. “Konstantin Semenov and Viacheslav Krasilnikov won here in 2014, last year we won two medals and I hope the special atmosphere helps us here again.
“The beginning of the season was great and we had two medals in a row, including our first gold in China. Around mid-season we dropped our level, but I hope we can end our season on a high note.
“We have the (FIVB) World Tour Finals in Hamburg, which is a reward for our big season and it will be an honour to play among the top-10 teams in the world.”
The Moscow 4-Star is the last 4-Star tournament in the 2017-18 season, and runs from August 8-12. The final tournament to take place is the Hamburg 2018 FIVB World Tour Finals that run from August 15-19.
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Celebrating the craft of writing and the art of storytelling.
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Daniel Dercksen
The Write Journey Course
South African Filmmaking
What’s New On DVD / Blu-Ray
The Beauty Of Incomplete Things
Category: Latest DVD Releases
What’s New On DVD
21 August 2017 by Daniel Dercksen·Comments Off on What’s New On DVD
Add these titles to your Home Entertainment.
If there’s one film you have to add to your collection, it’s the absolutely terrifying Life! It turns sci-fi inside out and offers some truly heart-stopping tension. Astronauts (Jake Gyllenhaal, Rebecca Ferguson, Ryan Reynolds) aboard the International Space Station are on the cutting edge of one of the most important discoveries in human history: the first evidence of extraterrestrial life on Mars. As members of the crew conduct their research, the rapidly evolving life-form proves far more intelligent and terrifying than anyone could have imagined.The excellent bonus features include some exciting behind the scenes featurettes that showcases the art of filmmaking. Read more about the film
In Ang Lee’s superb Billy Lynn’s Long Halftime Walk, nineteen-year-old private Billy Lynn (Joe Alwyn), along with his fellow soldiers in Bravo Squad, becomes a hero after a harrowing Iraq battle and is brought home temporarily for a victory tour. Through flashbacks, culminating at the spectacular halftime show of the Thanksgiving Day football game, what really happened to the squad is revealed, contrasting the realities of the war with America’s perceptions. Based on the novel by Ben Fountain. The first rate bonus features include the journey of filmmaker Ang Lee during the filming of of this groundbreaking film; how the cast was assembled, recreating the spectacular halftime show, the intense training and bonding experience of the combat soldiers, and deleted scenes. Read more about the film
John Krasinski and Sharlto Copley
In the wacky comedy The Hollars aspiring artist John Hollar (John Krasinkski) returns to his middle America hometown on the eve of his mother’s (Margo Martindale) brain surgery. Joined by his girlfriend, eight months pregnant (Anna Kendrick) with their first child, John is forced to navigate the crazy world he left behind as his dysfunctional family, high school pals, and over-eager ex flood back into his life ahead of his mother’s operation. If there’s one reason to see this film it is for South African actor Sharlto Copley as Hollar’s crazy brother. The bonus features include audio commentary with John Krasinski and Margo Martindale, featurettes on the making of the film as well as a Q and A at the LA Film Festival with the cast. Watch the trailer
In the charming romantic comedy Chronically Metropolitan first-time novelist Fenton Dillane (Sholoh Fernandez) returns to New York City unannounced, ready to reclaim his lost love, Jessie (Ashley Benson), who, unbeknownst to him, is engaged to be married. When Fenton enlists his headstrong sister, Layla (Mary-Louise Parker), and his drug-dealing best friend (Chris Noth) to help him win her back, his actions set in motion a chain of events that affect the lives of everyone around him for better and for worse. Watch the trailer
Supernatural Thrills
Incarnate is a terrifying new take on films dealing with demonic possession. A scientist with the ability to enter the subconscious minds of the possessed must save a young boy from the grips of a demon with powers never seen before, while facing the horrors of his past. It all begins when a single mother witnesses terrifying symptoms of demonic possession in her 11-year-old son (David Mazouz), a Vatican representative calls on wheelchair-bound scientist Dr. Seth Ember (Aaron Eckhart) to rid him of the evil spirit. Driven by a personal agenda rooted in his own tragic past, Ember enters the boy’s unconscious mind where he confronts a demon as ferocious as it is ingenious. It was directed by Brad Peyton who gave us the disaster film San Andreas. Watch the trailer
Visions offer a thrilling explorations of the supernatural. Leaving her hectic city lifestyle behind, young mother-to-be Eveleigh (Isla Fisher), joins her husband David (Anson Mount), at their beautiful new vineyard home only to be plagued by terrifying noises and visions of a sinister hooded figure. No one else hears or sees these hallucinations, not even David, who grows increasingly worried about his wife’s well-being. Desperate to prove her sanity, Eveleigh hunts down locals who reveal the haunted history of the vineyard in which she now resides. But when the pieces come together, the answer is far different – and more dangerous to her and her baby – than she ever imagined…Watch The Trailer
Latest DVDs
27 July 2017 by Daniel Dercksen·Comments Off on Latest DVDs
What’s New On The DVD Front
Logan – the defining chapter in the cinematic saga of The Wolverine
From visionary writer-director James Mangold comes the defining chapter in the cinematic saga of one of the greatest comic book heroes ever created. Logan sees Hugh Jackman reprise his iconic role as The Wolverine for one, final time in a raw, powerfully dramatic standalone story of sacrifice and redemption.
If there’s one reason to add this DVD to your collection, it’s for the absolutely insightful and intelligent audio commentary by writer-director James Mangold, taking us into the world and journey of writing and making the film. A must for aspirant screenwriters and filmmakers!
There’s no question that the movie absolutely will speak to those longtime fans of Wolverine, those who have followed Jackman’s portrayal over the last 17 years. In fact, it was critical for Jackman, as he said farewell to his extensive X-Man past, to put everything on the screen for this, his last mutant adventure. “There was a moment that I came to terms with the fact that this was my last one,” Jackman says. “I love this character, and he’s been amazing to me. I’d be lying if I said that I would have been okay if I didn’t feel everything was left on the table. And I mean everything. Every day, every scene was a kind of battle to get the best out of that character, to get the best out of me.”
Logan stars Hugh Jackman in the title role, alongside Patrick Stewart (X-Men: Days of Future Past), Stephen Merchant, Richard E. Grant and newcomer Dafne Keen. The film is directed by James Mangold (Walk the Line, The Wolverine); from a screenplay by Mangold and co-scripter Scott Frank (A Walk Among the Tombstones, The Wolverine) and Michael Green (Alien: Covenant).
It’s 2029. Mutants are gone—or very nearly so. An isolated, despondent Logan is drinking his days away in a hideout on a remote stretch of the Mexican border, picking up petty cash as a driver for hire. His companions in exile are the outcast Caliban and an ailing Professor X, whose singular mind is plagued by worsening seizures. But Logan’s attempts to hide from the world and his legacy abruptly end when a mysterious woman appears with an urgent request—that Logan shepherd an extraordinary young girl to safety. Soon, the claws come out as Logan must face off against dark forces and a villain from his own past on a live-or-die mission, one that will set the time-worn warrior on a path toward fulfilling his destiny.
Go behind the scenes of Logan
Competition – Win a Jagveld DVD!
The Afrikaans revenge-thriller Jagveld stars Leandie du Randt Bosch as a rough-and-tough farm girl Emma le Roux who is on her way home to the family farm in the Great Karoo when her car breaks down. Her path will crosses with Bosman and Baz and Jay. And Boela and AJ and Piet. Bosman (Neels Van Jaarsveld) is the mastermind of a drug syndicate and a psychopath; he is savage and violent.
If you want to add Jagveld to your collection of local films, tell us who wrote the film and send your answer with your contact details and ‘Jagveld’ in the subject line to us before August 15, 2017. Enter competition here
Hidden Figures – NASA’s Wonder Women
Hidden Figures uncovers the incredible, untold yet true story of a brilliant group of Wonder Women who changed the foundations of the country for the better — by aiming for the stars. The film recounts the vital history of an elite team of black female mathematicians at NASA who helped win the all-out space race against America’s rivals in the Soviet Union and, at the same time, sent the quest for equal rights and opportunity rocketing forwards.
At last, the story of a visionary trio of women who crossed gender, race and professional lines on their way to pioneering cosmic travel comes to the screen starring Taraji P. Henson (Empire, Benjamin Button, Hustle And Flow), Octavia Spencer (Allegiant, Fruitvale Station, The Help), singer Janelle Monáe making her motion picture debut and Kevin Costner (Black Or White, Field Of Dreams, Dancing With Wolves).
Everyone knows about the Apollo missions. We can all immediately list the bold male astronauts who took those first giant steps for humankind in space: John Glenn, Alan Shepard and Neil Armstrong. Yet, remarkably, Katherine G. Johnson, Dorothy Vaughan and Mary Jackson’s are names not taught in school or even known to most people — even though their daring, smarts and powerful roles as NASA’s ingenious “human computers” were indispensable to advances that allowed for human space flight.
Director Theodore Melfi (St. Vincent) brings the women’s rise to the top ranks of aerospace in the thrilling early days of NASA to life via a fast-moving, humor-filled, inspiring entertainment that illuminates both the gutsy quest for Earth’s first, seemingly impossible orbital flight and also the powerful things that can result when women unite.
The bonus features include a fascinating featurette on the life of Katherine Johnson and honoring her achievements, a wonderful audio commentary by director Theodre Melfi and Taraj P. Henson, and filming in Georgia. Go Behind the scenes of Hidden Figures
M. Night Shyamalan’s Split delves into the mysterious recesses of one man’s fractured, gifted mind
Following last year’s breakout hit The Visit, Shyamalan reunites with producer Jason Blum (The Purge and Insidious series, The Gift) for Split, being hailed as “Shyamalan’s most terrifying film to date, ” and “a masterful blend of Hitchcock and horror.”
Shyamalan felt there were only a handful of actors who could play the demanding role of a man with 23 personalities in Split. It was paramount for the writer/director that Kevin’s personalities not be viewed as caricatures but as fleshed out personas that audiences would embrace with sympathy. To that end, Shyamalan sought out James McAvoy—a dynamic actor who handles blockbuster roles and small, intimate parts with equal aplomb—to play the lead character’s many roles. Shyamalan saw James McAvoy as absolutely up for the challenge. “This is the most complex character I’ve ever written. I was thinking, ‘Does he understand what I’m asking him to do in this piece?’ And he did; I’ve never worked with an actor so fearless.”
Though Kevin (James Mcavoy, X-Men series, Wanted) has evidenced 23 personalities—each with unique physical attributes—to his trusted psychiatrist, Dr. Fletcher (Tony Award winner Betty Buckley, The Happening, TV’s Oz), there remains one still submerged who is set to materialize and dominate all the others.
Compelled to abduct three teenage girls led by the willful, observant Casey (Anya Taylor-Joy, The Witch), Kevin reaches a war for survival among all of those contained within him—as well as everyone around him—as the walls between his compartments shatter apart.
The bonus features include a featurette on writer-director Shyamalan and how he constructs a film, a look at how James Mcavoy transformed into the different characters and deleted scenes with commentary by Shyamalan. Go behind the scenes of Split
A Dog’s Purpose Takes Us Into The Soul Of A Loving Canine
Based on author W. Bruce Cameron’s beloved best-selling novel, A Dog’s Purpose shares the heartwarming and surprising story of one devoted dog who finds the meaning of his own existence through the lives of the humans he teaches to laugh and love.
Given Hallström’s track record of inventive filmmaking, and having already directed an Amblin Entertainment (then DreamWorks) film, The 100-Foot Journey, it was a unanimous decision that the filmic version of this story could not be in better hands. The director claims it is no accident he was attracted to the material: “I made two movies about dogs previously—My Life as a Dog and Haichi—so this is my third dog story. If you have an interest in outsiders and emotions that seems irrational to humans, you can certainly relate to a dog’s feelings and a dog’s life.”
Over the course of five decades, a single voice—that of an indefatigable dog—takes us along a riveting and uplifting path that speaks to the heart of anyone who has ever loved an animal. Although he is reincarnated in the bodies of multiple canines through the years, it is his unbreakable bond with a kindred spirit named Ethan that carries and inspires one dog throughout his journey to find a true purpose for his boy.
“I made two movies about dogs previously—My Life as a Dog and Haichi—so this is my third dog story,” says director Lasse Hallström, who claims it is no accident he was attracted to the material: . ”If you have an interest in outsiders and emotions that seems irrational to humans, you can certainly relate to a dog’s feelings and a dog’s life.”
A Dog’s Purpose is adapted for the screen by Cameron & Cathryn Michon (Muffin Top: A Love Story) and Audrey Wells (Shall We Dance) and Maya Forbes (Infinitely Polar Bear) & Wally Wolodarsky (Diary of a Wimpy Kid: Dog Days).
Go behind the scenes of A Dog’s Purpose
20 July 2017 by Daniel Dercksen·Comments Off on What’s New On DVD
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Jackie is a portrait of one of the most important and tragic moments in American history, seen through the eyes of the iconic First Lady, then Jacqueline Kennedy.
The poignant and captivating Jackie takes audiences on a personal journey into one of the most extraordinary events of American history – and also into a deeply stirring drama that illuminates in fascinating new ways the woman, the times and the ways we cope with and tell the stories of the most intensely public of tragedies. Chilean director Pablo Larraín draws an Oscar worthy performance from Natalie Portman, For Natalie Portman, who committed herself fully and fearlessly as to find the part of Jackie that still resonates with us now. “I think every individual will have their own experience of who Jackie is,” she concludes. “But the one thing I truly hope is that you see someone who is not just an icon but a very human, complex woman who found her own way through a situation few of us could imagine.” The film takes us behind closed doors in Jackie’s private, tightly-contained world. Suddenly alone, save for her family, confidante and priest, the First Lady faced a remarkable series of challenges as a wife, a mother and a reluctant part of the political machine: consoling her young children, planning her husband’s funeral, preparing for the next President to rapidly move into the White House and most remarkably, fighting to maintain control over how history would forever define her husband’s legacy.
Jackie Kennedy led a multi-faceted life of power and influence, but when it came to writing about her, screenwriter and journalist Noah Oppenheim came to feel there was one story that spoke to her psyche in the most compelling way – the very brief but remarkably consequential days that the First Lady spent nearly alone in the White House following her husband’s death. Read more about the film
Proudly South African filmmaking
In Chris Barnard’s poignant drama Die Rebellie Van Lafras Verwey Tobie Cronje takes on the title role of a man who has worked as a clerk in the Civil Service in Pretoria for thirty years. By day he sorts files and whiles away the mundane hours writing grandiose propaganda speeches and drilling imaginary platoons in the washroom, but unbeknownst to his colleagues he is also a clandestine parcel courier for a secret organization that recruited his services to complete their covert mission. The bonus features include a behind the scenes featurette. Watch The Trailer
In the captivating Beyond The River two men from vastly different walks of life have one thing in common: to win gold. But there are a few things in their way. One has a marriage on the verge of collapse. The other is on the run from the law, and his so-called life. Through a series of unexpected events, the two men find themselves attempting the three-day Dusi Canoe Marathon as a doubles pair. But there are a few things they must overcome, not least of which are the completely different worlds they come from. They realise that the dream they both desperately desire requires them to work together, both in the boat and beyond the river. Inspired by the true story of Siseko Ntondini and Piers Cruickshanks, who together won gold in the 2014 Dusi, Beyond the River delivers a nail-biting adventure story about the triumph of the human spirit. Directed by Craig Freimond and written by Freimond and Robbie Thorpe. Freimond: “The film is quite different. I can’t think of too many films like it. It’s got a feel-good side to it,but it has also got a lot of depth. People who’ve seen it have responded to the story, the film itself, the actors, the landscapes. People will enjoy this movie.” The bonus features include a documentary on the real story and an interview with writer-director Craig Freimond. Watch The Trailer
Action Packed Entertainment
In the thrilling Interrogation the FBI receives a threat that endangers the entire city, an interrogator (Adam Copeland) and an I.T. specialist (C.J Perry) are plunged into a series of mind games with a criminal mastermind, desperately racing against time to uncover the villain’s true agenda as they fight to protect thousands of lives. Copeland and Perry deliver a knockout blow in this electrifying thriller that crackles with edge-of-your-seat suspense. It is directed by Stephen Reynolds from a screenplay by Adam Rodin and Michael Finch. Watch the trailer
In Sleepless undercover Las Vegas police officer Vincent Downs (Jamie Foxx) finds himself caught in a high-stakes web of corrupt cops, internal affairs and murderous gangsters. When a failed heist leads to the kidnapping of his teenage son (Octavius J. Johnson), Downs must race against time during a wild and restless night to save him and bring the criminals to justice. It has an age restriction of 16. Watch The Trailer.
Armed with a powerful ancient Cross amulet, Callan (Brian Austin Green) and his team of weapons experts battle local thugs and heinous criminals in Cross Wars. When a ruthless villain named Muerte (Danny Trejo) threatens to kill Callan’s crew, he and his team join forces with an all-girl crime-fighting squad led by Riley – who has an ancient amulet of her own! But Muerte is not working alone. He has resurrected the evil immortal Gunnar (Vinnie Jones) who has a plan more sinister than anyone can imagine. Can Callan prevent the looming apocalypse and save humanity? It’s enough to make a superhero all stressed out! It has an age restriction of 10 – 12 PGV. This action fantasy was written by Patrick Durham, John Sachar, and Tanner Wiley. Watch The Trailer
In the intriguing drama The Ticket, directed by Ido Fluk and written by Ido Fluk and Sharon Mashihi, a blind man (Dan Stevens) inexplicably regains his vision and becomes possessed by a drive to make a better life for himself. However, his new improvements — a nicer home, a higher paying job, tailored suits, luxury car — leave little room for the people who were part of his old, simpler life. As his relationships buckle under the strain of his snowballing ambition, it becomes uncertain if James can ever return from darkness. Watch the trailer
Family Viewing
In Apple Of My Eye A tragic accident causes a young equestrian (Avery Arendes) to lose her sight and her ability to connect with anyone or anything. Feeling hopeless and dejected, Bailey’s loving parents seek out various options to help her adjust, including enrolling her in a program for seeing-eye dogs, but she is unable to connect to anyone or anything. That is, until Charles (Burt Reynolds) the head trainer of South eastern Guide Dogs, trains Apple, a miniature horse, to be her companion and surrogate eyes. The bonus features include some bloopers and deleted scenes, as well as a Doggywood featurette. Watch the trailer
Smurfs: The Lost Village is a fun-filled animated, all-new take on the Smurfs. Best friends Smurfette (Demi Lovato), Brainy (Danny Pudi), Clumsy (Jack McBrayer) and Hefty (Joe Manganiello) use a special map that guides them through the Forbidden Forest, an enchanted wonderland that’s filled with magical creatures. Their adventure leads them on a course to discover the biggest secret in Smurf history as they race against time and the evil wizard Gargamel (Rainn Wilson) to find a mysterious village. There are many bonus features, including how to draw a Smurf, a village dance along, and filmmakers commentary. Watch the trailer
The zany comedy horror film Meet The Blacks is directed by Deon Taylor, written by Taylor and Nicole DeMasi, and is a parody of the 2013 film The Purge. When some unexpected money comes his way, Carl Black (Mike Epps) moves his family from cold and windy Chicago to bright and sunny Beverly Hills, Calif. As the Blacks settle into their beautiful new home, they start to notice some strange behavior in the neighborhood. Nighttime is approaching, and President El Bama (George Lopez) announces that the annual purge is about to begin. Carl and his loved ones must now endure a 12-hour period of lawlessness before they can enjoy life once again. The bonus features include a making of featurette, outtakes and Hit The Gas Music Video. There is a 16 age restriction. Watch the trailer
Latest DVD Releases
13 July 2017 by Daniel Dercksen·Comments Off on Latest DVD Releases
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The absolutely superb The Zookeeper’s Wife is set in Poland 1939, the homeland of Antonina (portrayed by Ms. Chastain) and her husband, Dr. Jan Żabiński (Johan Heldenbergh, of The Broken Circle Breakdown). Devoted to each other, the couple thrive as personal and professional partners; the Warsaw Zoo flourishes under Jan’s stewardship and Antonina’s care. With reserves of energy, Antonina rises every day to tend to both her family and their menagerie, as the gates to the majestic zoo open in welcome……until the entrance is slammed shut and the zoo is crippled in an attack as the entire country is invaded by the Germans. Stunned, the couple is forced to report to the Reich’s newly appointed chief zoologist, Lutz Heck (Golden Globe Award nominee Daniel Brühl of Captain America: Civil War). Heck envisions a new, selective breeding program for the zoo.Antonina and Jan fight back on their own terms, and covertly begin working with the Resistance – realizing that their zoo’s abandoned animal cages and underground tunnels, originally designed to safeguard animal life, can now secretly safeguard human life. As the couple puts into action plans to save lives out of what has become the Warsaw Ghetto, Antonina places herself and even her children at great risk. Read more about The Zookeeper’s Wife / Watch the trailer
COMPETITION: Win a DVD of the exciting new South African films Tess and Kalushi: The Solomon Mhlanga Story
Fifty Shades Darker, the second chapter based on the worldwide bestselling “Fifty Shades” phenomenon invites audiences to slip into something a shade darker.The story continues as a wounded Christian Grey tries to entice a cautious Anastasia Steele back into his life…and she demands a new arrangement before she will give him another chance. As the two begin to build trust and find stability, shadowy figures from Christian’s past start to circle them, determined to destroy any hopes for a future together. This dramatic thriller is directed by James Foley (Fear, House of Cards) and once again produced by Michael De Luca (Captain Phillips, The Social Network), Dana Brunetti (Captain Phillips, The Social Network) and Marcus Viscidi (We’re the Millers, How to Be Single), alongside E L James, the creator of the blockbuster series. The screenplay is by E L James’ husband, Niall Leonard, based on the novel by James. The bonus features include deleted scenes, a ‘Tease to Fifty Shades Freed’ doccie, writing the screenplay, and a ‘Dark Reunion”. Read more about the film / Watch The Trailer
Miss Sloane is a taut and twisting tale of a Washington powerbroker obsessed with victory. In the high-stakes world of political power-brokers, Elizabeth Sloane (Jessica Chastain) is the most sought-after and formidable lobbyist in D.C. Known equally for her cunning and her track record of success, she has always done whatever is required to win. But when she takes on the most powerful opponent of her career, she finds that winning may come at too high a price. A cutthroat lobbyist on the verge of personal and professional burnout pushes legal and ethical boundaries to ensure the passage of a controversial law in Miss Sloane, a riveting political thriller from Academy Award®-nominated director John Madden. Pulling back the curtain on the secretive and powerful lobbying industry, Miss Sloane reveals how Capitol Hill games are played — and win! Read more about Miss Sloane
The nail biting Wolves at the Door is loosely based on the Manson family murders.Four friends gather at an elegant home during the Summer of Love, 1969. Unbeknownst to them, deadly visitors are waiting outside.What begins as a simple farewell party turns to a night of primal terror as the intruders stalk and torment the four, who struggle for their lives against what appears to be a senseless attack. It was directed by renowned cinematographer John R. Leonetti from a screenplay by Gary Dauberman (Annabelle).
Directed by one of the most breathtaking visual stylists of our time, Zhang Yimou (Raise the Red Lantern, Hero, House of Flying Daggers), the action-fantasy The Great Wall marks his first English-language production and the largest film ever shot entirely in China.In The Great Wall, Damon stars as William Garin, a battle-scarred mercenary and master archer taken captive by a secret army of elite warriors known as The Nameless Order. In a vast military outpost called the Fortress City, they fight to protect humanity from supernatural forces upon one of the greatest defensive structures ever built: The Great Wall. On his journey, Garin is joined by Pedro Pascal (Netflix’s Narcos, HBO’s Game of Thrones) as his sword-wielding sidekick, Pero Tovar, a tough, wise-cracking Spaniard who has become a brother-in-arms to William; and Willem Dafoe (Platoon, Shadow of the Vampire, The Grand Budapest Hotel) as Ballard, a shadowy prisoner inside the fortress who plans his escape from his longtime captors while hoping to pilfer their greatest weapon during his getaway. The bonus features include deleted and extended scenes. Read more about The Great Wall / Watch the trailer
3 July 2017 by Daniel Dercksen·Comments Off on What’s New On DVD
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Jayan Moodley ‘s absolutely delightful comedy Keeping Up With The Kandasamys opens a window into the lifestyle and subculture of modern-day Indian South Africans; their aspirations, dreams, challenges and the things that make them laugh and love. Set in Chatsworth, it stars Jailoshni Naidoo and Maeshni Naicker as the matriarchal rivals of neighbouring families, whose young adult children become romantically involved despite their best efforts to keep them apart, with hilarious results, they are forced to acknowledge that in the end “love will always prevail.” The bonus features include a feature on ‘The Making of a Chatsworth Dream”.
Shanti Naidoo (played by Maeshni Naicker) is a typical Type-A personality. Always on the move, going out of her way to please people, and overcompensating for her own perceived inadequacies by constantly cooking up a storm in her kitchen. Her life would be just fine, except that her neighbour Jennifer Kandasamy (Jailoshni Naidoo), always seems to have the upper hand. When Jennifer realizes her daughter Jodi (Mishqah Parthiephal) is in love with Shanti’s son Prinesh (Madhushan Singh), she is determined to break them up.
But in order to do that she will have to enlist her rival’s help. Together the two women scheme and plot, recruit prospective partners and generally interfere with their kids wherever they can. Sound familiar? Just how far will one go to serve one’s own selfish needs? And will they learn that in the end, it really is just happiness that matters.
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If you want to add this charming film to your collection of local films, tell us who wrote the screenplay and send your answer and contact details with Kandasamys in the subject line to us before 15 July. Enter competition here
Other New Titles
If you are looking for a film with tons of attitude, T2 Trainspotting offers load of it! Twenty-one years after the release of his breakthrough hit, director Danny Boyle returns to Scotland and reunites with his old friends Sick Boy, Spud, and Begbie.
First there was an opportunity……then there was a betrayal. Twenty years have gone by. Much has changed but just as much remains the same. Mark Renton (Ewan McGregor) returns to the only place he can ever call home. They are waiting for him: Spud (Ewen Bremner), Sick Boy (Jonny Lee Miller), and Begbie (Robert Carlyle). Other old friends are waiting too: sorrow, loss, joy, vengeance, hatred, friendship, love, longing, fear, regret, diamorphine, self-destruction and mortal danger, they are all lined up to welcome him, ready to join the dance. Watch the trailer
There is an age restriction of 18DL
The superb bonus features include a Conversation With Danny Boyle and the Cast, deleted scenes and an interesting audio commentary by Boyle and John Hodge.
In The fantasy horror The Monster divorced mother and her headstrong daughter must make an emergency late-night road trip to see the girl’s father. As they drive through deserted country roads on a stormy night, they suddenly have a startling collision that leaves them shaken but not seriously hurt. Their car, however, is dead, and as they try in vain to get help, they come to realize they are not alone — a terrifying evil is lurking in the woods, intent on never letting them leave. Watch the trailer
The Monster has an age restriction of 13 DHLV
In the action packed Collide Casey Stein (Nicholas Hoult) agrees to hijack a shipment of cocaine for his old boss (Ben Kingsley) in return for money to pay for his girlfriend Juliette’s (Felicity Jones) transplant.
Unfortunately, those drugs belong to Hagen Kahl (Anthony Hopkins), Germany’s most powerful kingpin. Kahl seeks revenge by kidnapping Juliette and sending his goons after Stein. Casey must now race against time in a desperate attempt to save the woman he loves. It has an age restriction of 16V. Watch the trailer
Keanu Reeves returns for more action in John Wick: Chapter 2 when retired super-assassin John Wick’s plans to resume a quiet civilian life are cut short when Italian gangster Santino D’Antonio shows up on his doorstep with a gold marker, compelling him to repay past favors.
After unleashing mayhem on the criminals who killed his dog, retired super assassin John Wick retrieves his beloved 1969 Mustang from the Russian mobsters who stole it, only to be pursued in a spectacular high-speed car chase through crowded New York City streets. Returning home, John’s plans to resume a quiet civilian life are cut short when Italian gangster Santino D’Antonio (Riccardo Scamarcio) shows up on his doorstep with a gold “marker” compelling him to repay past favors.
Flying to Rome, John checks in at Il Continentale headquarters, arms himself to the teeth and penetrates heavy Camorra security to surprise Gianna in her bedroom. Leaving dozens of dead thugs in his wake, John flees Rome with trained Camorra killers Cassian (Common) and Ares (Ruby Rose) in hot pursuit. Back in New York, John discovers that Santino has burned his home to the ground. Seeking help from the mysterious Bowery King (Laurence Fishburne) and his shadow army, John employs Brazilian jiujitsu, Glocks and even pencils as he wreaks vengeance against those who’ve wronged him. Amid the carnage, John finds the strength he needs to defy the assassin’s code — but can he preserve his own humanity?
For director Chad Stahelski, John Wick: Chapter 2 represented an opportunity to delve deeper into Wick’s universe visually as well as geographically. He recruited Guillermo del Toro collaborator Dan Laustsen (Crimson Peak) to serve as director of photography. “We went with a widescreen look and used anamorphic lenses because we wanted to push the limits of how much we could fill the frames. The production design and cinematography really bring John Wick’s world forward.”
2 June 2017 by Daniel Dercksen·Comments Off on What’s New On DVD
Exciting new titles for young and old!
Writer-director Amma Asante’s profound A United Kingdom tells the moving story of King Seretse Khama of Botswana and how his loving but controversial marriage to a British white woman, Ruth Williams, put his kingdom into political and diplomatic turmoil. In 1947, Seretse Khama, the King of Botswana, met Ruth Williams, a London office worker. The attraction was immediate: she was captivated by his vision for a better world, he was struck by her willingness to embrace it. Both felt liberated by the social upheaval that followed the war – Seretse sensed the opportunity for change as the Empire weakened, Ruth saw the possibility for a “bigger life” as women pushed for independence and equality. They were a perfect match, yet their proposed marriage was challenged not only by their families but by the British and South African governments. The latter had recently introduced the policy of apartheid and found the notion of a biracial couple ruling a neighbouring country intolerable. South Africa threatened the British: either thwart the couple or be denied access to South African uranium (vital for the British nuclear program) and gold (vital to replenish reserves following the war) and face the risk of South Africa invading Botswana. Despite the terrible pressures they faced, Seretse and Ruth never wavered – they fought for their love every step of the way, and in so doing changed their nation and inspired the world. The bonus features include an insightful making of documentary, Filming in Botswana, The Legacy of Seretse and Ruth, and the London Film Festival premiere featurette. Read more about the film / Watch the trailer
Fantastic Beasts and Where to Find Them marks the screenwriting debut of J.K. Rowling, whose seven beloved Harry Potter books were adapted into the top-grossing film franchise of all time. Her script was inspired by the Hogwarts textbook Fantastic Beasts and Where to Find Them, written by her character Newt Scamander. There are growing dangers in the wizarding world of 1926 New York. Something mysterious is leaving a path of destruction in the streets, threatening to expose the wizarding community to the No-Majs (American for Muggles), including the Second Salemers, a fanatical faction bent on eradicating them. And the powerful, dark wizard Gellert Grindelwald, after wreaking havoc in Europe, has slipped away…and is now nowhere to be found. Unaware of the rising tensions, Newt Scamander arrives in the city nearing the end of a global excursion to research and rescue magical creatures, some of which are safeguarded in the magical hidden dimensions of his deceptively nondescript leather case. But potential disaster strikes when unsuspecting No-Maj Jacob Kowalski inadvertently lets some of Newt’s beasts loose in a city already on edge. The bonus features include two fantastic featurettes, Meet the Fantastic Beasts and The Magizoologist. Read more about the film / Watch the trailer
The uproarious local comedy Jonathan deals with a dreamer and wannabe stand-up comedian who embarks on a roller coaster journey of self-discovery. Jonathan, in his late 20’s, still lives with parents. After another failed open mic performance he gets drunk and crashes his father’s dream car on the way home. This is the last straw for his loving but fed up parents and his father kicks him out of the house. Sitting at a restaurant not knowing where to go, he watches car guards in the parking lot and decides that he will become a car guard just to stay afloat until the next big stand-up comedy completion that he firmly believes he can win. After a very hostile reception by the other car cards, the eldest car guard decides to take Johnathan under his wing and teaches him the finer art of being a car guard and more important he teaches Jonathan about life and how to survive as an outcast. Jonathan also falls in love with a girl way out of his league. Life takes a massive turn when Jonathan and his mentor’s LOTTO- ticket wins the lottery. Jonathan however manages to lose all the money in a matter of days. This put Johnathan on a journey to try and redeem himself. Will he be able to apply the lessons learned to make peace with his family, earn the forgiveness of his mentor and win the heart of the most beautiful girl he ever met? Read interview with writer-director Sallas de Jager / Watch the trailer
For the kiddies and those who are young of heart, the delightful Sing is set in a world like ours but entirely inhabited by animals, and stars Buster Moon (Matthew McConaughey), a dapper koala who presides over a once-grand theater that has fallen on hard times. Buster is an eternal—some might even say delusional—optimist who loves his theater above all and will do anything to preserve it. Now faced with the crumbling of his life’s ambition, he has one final chance to restore his fading jewel to its former glory by producing the world’s greatest singing competition. Five lead contestants emerge: Mike (Seth MacFarlane), a mouse who croons as smoothly as he cons; Meena (Tori Kelly), a timid teenage elephant with an enormous case of stage fright; Rosita (Reese Witherspoon), an overtaxed mother run ragged tending a litter of 25 piglets; Johnny (Taron Egerton), a young gangster gorilla looking to break free of his family’s felonies; and Ash (Scarlett Johansson), a punk-rock porcupine struggling to shed her arrogant boyfriend and go solo. Each arrives under Buster’s marquee believing that this is their shot to change the course of their life. And as Buster coaches each of his contestants closer and closer to the grand finale, he starts to learn that maybe the theater isn’t the only thing that is in need of saving. The fantastic bonus features include 3 new mini movies, and featurettes on how the film was made, the music video Faith, The Sing Network and The Best of Gunter. Read more about the film / Watch the trailer
Assassin’s Creed is a worlds-spanning tale of one man who finds himself at the center of an ancient battle between two powerful sects—only by harnessing the memories of his ancestor, which are contained within his own DNA, can he end the conflict and claim his own redemption. Based on the blockbuster video game series from Ubisoft, the film is directed by Australian filmmaker Justin Kurzel (Snowtown, Macbeth) from a screenplay Michael Lesslie and Adam Cooper & Bill Collage. Marked by tragedy at an early age, Cal Lynch (Michael Fassbender) is a convict facing capital punishment when he gains an unexpected second chance at life thanks to the mysterious workings of Abstergo Industries. Through a revolutionary technology that unlocks the genetic memories contained in his DNA, Cal is sent back across the centuries to 15th Century Spain. There, he lives out the experiences of his distant relative, Aguilar de Nerha, a member of a secret society known as the Assassins who fight to protect free will from the power-hungry the Templar Order. Transformed by the past, Cal begins to gain the knowledge and physical skills necessary to topple the oppressive Templar organization in present day. Bonus Features: A 5-part documentary, Take The Pledge, taking you behind the scenes of the film; The Legacy of Assassin’s Creed and Becoming an Assassin. Read more about the film / Watch the trailer
The action-packed, animated adventure Storks takes audiences on a road trip like no other, as a super-focused stork with big ambitions, and a sunny 18-year-old orphaned girl with some wild ideas, rush to make one very special delivery. Braving danger and unforeseen setbacks, not to mention completely opposite points of view on almost everything, this unlikely pair of couriers makes the transformative journey of their lives, in an original story that celebrates friendship and family, amidst laughter and poignant moments of discovery. The bonus features include a featurette on Stork Mountain and the Master: A LEGO Ninjago short music video. Read more about the film / Watch the trailer
Shut In is a heart-pounding thriller starring Naomi Watts as a widowed child psychologist who lives an isolated existence in rural New England. When a young boy Mary (Watts) is treating goes missing, and is presumed dead, she becomes convinced that his ghost is haunting her and her bedridden son. Director Farren Blackburn says he was intrigued with what he saw as the cinematic potential afforded by the script’s economical storyline and confined setting. “When I first read Shut In, I was excited by the fact that it was a genre movie that could be very beautiful and shot with great artistry,” he says. “I’m a big fan of those pared-down ’70s American movies that had a European aesthetic. Plus, Shut In has a protagonist you really care about and who has an interesting journey, so for me it was a no-brainer.” Read more about the film / Watch the trailer
Since 1997, readers have been riveted by the exploits of Jack Reacher, who first appeared in the pages of author Lee Child’s “Killing Floor” and continued on in a series now spanning twenty novels. Jack Reacher (Tom Cruise) returns to the big screen with his particular brand of justice in the highly anticipated, action-packed sequel Jack Reacher: Never Go Back. The film follows Reacher as he races to uncover the truth about active duty soldiers, once under his command, who are being killed. Years after resigning command of an elite military police unit, the nomadic, righter-of-wrongs Reacher is drawn back into the life he left behind when his friend and successor, Major Susan Turner (Cobie Smulders) is framed for espionage. Reacher will stop at nothing to prove her innocence and to expose the real perpetrators behind the killings of his former soldiers. Bonus Features: No Quarter Given: The rooftop battle, and Reacher Returns. Read more about the film / Watch the trailer
Robinson Crusoe is a wonderful fun-filled adventure for the little ones. From the over-exuberant parrot Mak to the snack-obsessed tapir Rosie, from the pernickety echidna Epi to the acrobatic pangolin Pango, from the ditzy goat Scrubby to the commonsensical kingfisher Kiki and the always-cool chameleon Carmello, things are larger-than-life on a tropical isle that is pure wild animal paradise. Then Robinson Crusoe, a marooned human, arrives in the midst of a furious storm, and their lives are forever changed by this bewildering new “creature.” No matter their differences, castaway human and quirky animals embark on a hilarious new adventure, building the island’s first tree-house and surviving together. But when two conniving members of the animal kingdom — the savage cats Mal & May – pounce into a battle for control of the island, Crusoe and his animal posse must uncover the true power of friendship against all odds (even savage cats). Watch the trailer
1 June 2017 by Daniel Dercksen·Comments Off on New DVDs
Great new titles to add to your collection!
In writer-director Kenneth Lonergan’s heartbreaking Manchester By The Sea an uncle is obliged to return home to care for his nephew after his brother dies. Unknowing he is to be the guardian and struggles with the decision. Throughout the movie he recounts past memories that caused him to leave Manchester and distance himself from his past. Casey Affleck is sensational in his Oscar-winning performance as a man whose path to redemption is one you will remember long after watching this gentle and quiet human drama. Read an interview with writer-director Kenneth Lonergan / Watch the trailer
In the equally powerful drama Denial, An American professor finds herself the defendant in a high-profile British libel trial that would impact the way the history of the Holocaust is told in Denial, a taut courtroom drama based on one of the most significant international legal cases in recent memory. It recounts Deborah E. Lipstadt’s (Oscar winner Rachel Weisz) legal battle for historical truth against David Irving (Timothy Spall), who accused her of libel when she declared him a Holocaust denier. In the English legal system, in cases of libel, the burden of proof is on the defendant, therefore it was up to Lipstadt and her legal team led by Richard Rampton (Tom Wilkinson), to prove the essential truth that the Holocaust occurred. This provocative story about one woman’s relentless efforts to establish justice and remind the world about the tragedies of the Holocaust, offers a gripping, inspirational real-life account based on Deborah E. Lipstadt’s book Denial: Holocaust History on Trial, and adapted for the big screen by esteemed playwright David Hare. Read more about the film / Watch the trailer
In the local comedy Hoener Met Die Rooi Skoene, Kaptein Hendrik Greyling (Louw Venter), who is known amongst his colleagues as the ‘Iron Rooster’, is always in control. When he falls in cold water during the execution of his tasks, he gets the flu. In his feverish condition, he is appointed as the investigating officer of a very abnormal murder scene, where the body disappears without a trace… and quickly finds himself in the midst of the chaos and confusion of more than one murder. The bonus features include a behind the scenes doccie and Jak de Priester’s music video. Watch the trailer
Passengers is an exciting action-thriller about two strangers who are on a 120-year journey to another planet when their hibernation pods wake them 90 years too early. Jennifer Lawrence (Aurora) and Chris Pratt (Jim) star in an exciting action-thriller about two strangers who are on a 120-year journey to another planet when their hibernation pods wake them 90 years too early. Jim and Aurora (Jennifer Lawrence and Chris Pratt) are forced to unravel the mystery behind the malfunction as the ship teeters on the brink of collapse, jeopardizing the lives of the passengers on the greatest mass migration in human history. The bonus features include a visit to the set with Chris Pratt, Casting The Passengers, Creating The Avalon, Outtakes from the set, and Book your passage: Learn more about the Homestead company. Read more about the film / Watch the trailer
In the drama Equity Naomi Bishop is an investment banker determined to overcome a previous stain to her professional reputation, which is a challenge in the male dominated financial sector she works in. As Naomi in that spirit makes her move managing a burgeoning new tech IPO, she has to endure not only the condescension of her colleagues, but also her imperious client even as troubling new developments cloud the venture’s future. Against that, the probing of a college friend turned Federal investment law prosecutor and the conniving of her double-dealing boyfriend seem to be manageable complications, until a betrayal by a trusted colleague threatens to ruin everything. The bonus features include a Q & A with Anna Gunn, Meera Menon, Alysia Reiner, Sarah Megan Thomas and Samuel Roukin at the LA Film Festival; The Making of Equity, and ‘’Girl Gang: The Equity of Empowerment’’. Watch the trailer
Picking up immediately after the events in Resident Evil: Retribution, Alice (Milla Jovovich) is the only survivor of what was meant to be humanity’s final stand against the undead in Resident Evil 6: The Final Chapter. Now, she must return to where the nightmare began – The Hive in Raccoon City, where the Umbrella Corporation is gathering its forces for a final strike against the only remaining survivors of the apocalypse. Bonus Features: Explore The Hive, The Bad Ass Trinity and the Women of Resident Evil. Watch the trailer
6 May 2017 by Daniel Dercksen·Comments Off on What’s New On DVD
Add these great new titles to your collection
Lion, the incredible true story of Indian-born Australian Saroo Brierley and his unwavering determination to find his lost family and finally return to his first home is now realised in all its splendour on DVD. Adapted from the non-fiction book “A Long Way Home” by Saroo Brierley, it tells the heartbreaking story of a five-year-old Indian boy who, after a wrong train takes him thousands of miles away from home and family, survives many challenges before being adopted by an Australian couple. Twenty-five years later, armed with only the scantest of clues, he learns of a new technology called Google Earth, and sets out to find his lost family. “You couldn’t make Saroo’s story up, it’s so extraordinary,” says director Garth Davis. “‘It has all of the stuff of great cinema – it has adventure and peril, it traverses continents, it travels across time. And his journey is deeply, deeply emotional. What also makes it incredibly cinematic is that the story is so ultimately satisfying. After years of being without his biological family and years of searching he actually, amazingly, like a needle in a haystack, found his way home.” Trailer / Read more about the film
When mysterious spacecraft touch down across the globe, an elite team are brought together to investigate in Arrival, a provocative science fiction thriller from acclaimed director Denis Villeneuve (Sicario, Prisoners).The elite team is lead by expert linguist Louise Banks (Amy Adams) – are brought together to investigate. As mankind teeters on the verge of global war, Banks and the team race against time for answers – and to find them, she will take a chance that could threaten her life, and quite possibly humanity.“I’ve dreamed of doing science fiction since I was ten years old,” explains director Denis Villeneuve, who fell deeply in love with the short story ArrivaL is based upon, Ted Chiang’s ‘Story of Your Life.’ “It’s a genre that I feel has a lot of power and the tools to explore our reality in a very dynamic way.” The bonus features include some insightful doccies on ”Únderstanding Arrival” and the amazing sound design. Trailer / Read more about the film
Ballerina (also know as “Leap!”) is an unabashed wish-fulfilment fantasy that sweetly checks off every conceivable follow-your-heart cliché, this elegantly animated French-Canadian production isn’t inventing any new narrative choreography with its slender tale of Félicie, a plucky, impoverished Brittany orphan who heads to Paris to realize her ambition of joining the ballet. In Paris, 1884, an orphaned girl arrives in Paris from Brittany. Felicie Milliner is 11 and has no money but one big, passionate dream: to become a dancer. With nothing left to lose, Felicie takes a big risk: she “borrows” a spoiled brat’s identity and enters the Opera Ballet School. But how long can she be someone else? Mentored by the tough and mysterious cleaner, Odette, Felicie learns that talent is not enough — it takes hard work to be better than her ruthless. Trailer / Read more about the film
Following up on the worldwide successes of The Da Vinci Code (2006) and Angels & Demons (2009) is Inferno, the third highly anticipated adaptation in Dan Brown’s Robert Langdon series of novels. The film re-teams director Ron Howard with Tom Hanks, who returns in one of his signature roles playing the quick-thinking and resourceful Langdon, with a screenplay by David Koepp. Inferno finds the famous symbologist (again played by Tom Hanks) on a trail of clues tied to the great Dante himself. When Langdon wakes up in an Italian hospital with amnesia, he teams up with Sienna Brooks (Felicity Jones), a doctor he hopes will help him recover his memories. Together, they race across Europe and against the clock to stop a madman from unleashing a global virus that would wipe out half of the world’s population.Hanks explains the enduring attraction of the franchise. “There is something Dan Brown has figured out – everybody likes a good puzzle, especially one you can actually figure out the clues to one at a time and solve,” he says. “These movies give that to the audience – it is almost an interactive film, and it has been like that since The Da Vinci Code.” There are some exciting bonus features that include a look at Ron Howard’s ‘Director’s Journal’, a look into the characters, Visions of Hell and deleted scenes. Trailer / Read more about the film
The much anticipated feature film adaptation of Lauren Kate’s worldwide bestselling young adult novel, Fallen comes to DVD with a cast of exciting young stars and directed by award-winning Australian director Scott Hicks. Fallen is seen through the eyes of Lucinda ‘Luce’ Price (Addison Timlin), a strong-willed seventeen-year-old living a seemingly ordinary life until she is accused of a crime she didn’t commit. Sent off to the imposing Sword & Cross reform school, Luce finds herself being courted by two young men to whom she feels oddly connected (Jeremy Itvine and Harrison Gilbertson). Isolated and haunted by strange visions, Luce begins to unravel the secrets of her past and discovers the two men are fallen angels, competing for her love for centuries. Luce must choose where her feelings lie, pitting Heaven against Hell in an epic battle over true love. Trailer / Read more about the film
Maggie’s Plan is terrifically funny and enjoyable – a metropolitan comedy in the former high style of Woody Allen, directed with elegance and dash by Miller and co-scripted by her with publisher-turned-screenwriter Karen Rinaldi. Greta Gerwig stars in her idiot savant Annie Hall mode as Maggie, a New York art dealer who is trying to become a single mom using sperm donated by an old school contemporary who is now making a fortune marketing pickles. Her plan is to get pregnant within four months, but then she has an encounter with handsome, distrait John (Ethan Hawke), a lecturer in “ficto-critical anthropology”, who is unhappily married to scary intellectual Georgette (Julianne Moore), who has “tenure at Columbia” – the kind of phrase that doesn’t appear much in screenplays these days. Soon, Maggie has a different plan in mind. Watch the trailer
Great New Titles On DVD
28 March 2017 by Daniel Dercksen·Comments Off on Great New Titles On DVD
Some Great New Titles To Add To Your DVD Collection
Unforgettable Hell And High Water
in Hell Or High Water Texas brothers–Toby (Chris Pine), and Tanner (Ben Foster), come together after years divided to rob branches of the bank threatening to foreclose on their family land. For them, the hold-ups are just part of a last-ditch scheme to take back a future that seemed to have been stolen from under them. Justice seems to be theirs, until they find themselves on the radar of Texas Ranger, Marcus (Jeff Bridges) looking for one last grand pursuit on the eve of his retirement, and his half-Comanche partner, Alberto (Gil Birmingham). As the brothers plot a final bank heist to complete their scheme, and with the Rangers on their heels, a showdown looms at the crossroads where the values of the Old and New West murderously collide. Go behind the scenes of this not to be missed film
We review Don’t Breathe, our DVD of the month
During a time where housebreaking has become an everyday occurrence, the superb Don’t Breathe is guaranteed to curb crime and stop criminals dead in their tracks. In this shocking and enthralling thriller, writer-director Fede Alvarez goes for the jugular with an unapologetically brutal and twisted horror-thriller that pits a trio of thieves against an unexpectedly dangerous adversary. Read review
The profoundly moving Alone In Berlin is directed by acclaimed actor turned filmmaker Vincent Perez (La Reine Margot), who adapted revered German novelist Hans Fallada’s international bestseller Every Man Dies Alone / Alone In Berlin for the big screen with Achim von Borries (Good Bye Lenin!). Two-time Academy Award-winner Emma Thompson (Saving Mr Banks), three-time Golden Globe-nominee and Emmy Award winner (Into The Storm) Brendan Gleeson (The Guard), and Golden Globe-nominee Daniel Brühl (Rush) star in Alone In Berlin, a powerfully moving, true-life drama-thriller set in Second World War Berlin. Berlin 1940. The city is paralyzed by fear. Otto and Anna Quangel are a working class couple living in a shabby apartment block trying, like everyone else, to stay out of trouble under Nazi rule. But when their only child is killed fighting at the front, their loss drives them to an extraordinary act of resistance. They start to drop anonymous postcards all over the city attacking Hitler and his regime. If caught, it means certain execution. Soon their campaign comes to the attention of the Gestapo inspector Escherich and a murderous game of cat-and-mouse begins. But the game serves only to strengthen Otto and Anna’s sense of purpose and a renewed love for each other. Slowly their drab lives and marriage are transformed as they unite in their quiet but profound rebellion… Watch the trailer / Go behind the scenes
In the action-packed Max Steele 16-year old Max (Ben Winchell) has just moved to a new town–and is desperately trying to fit in–when he discovers his body can generate the universe’s most powerful energy. Unbeknownst to Max, a slightly rebellious and hilarious techno-organic extraterrestrial named Steel has been keeping an eye on him, hungry for his super-human energy. When they finally meet, they discover that together they form Max Steel, a superhero possessing powerful strength beyond anything in our world. These two unlikely friends soon find themselves hunted by sinister forces who want to control Max’s powers, as well as an unstoppable enemy from another galaxy. Watch the trailer / Go behind the scenes
Based on Colin Harrison’s acclaimed novel Manhattan Nocturne (a New York Times Notable Book of the Year), Manhattan Nocturne tells the story of Porter Wren (Adrien Brody), a New York City tabloid writer with an appetite for scandal. On the beat he sells murder, tragedy and anything that passes for the truth. At home he is a model family man, devoted to his loving wife (Jennifer Beals). But when a seductive stranger (Yvonne Strahovski) asks him to dig into the unsolved murder of her filmmaker husband Simon (Campbell Scott), he can’t resist. In this modern version of a classic film noir, we follow Porter as he is drawn into a very nasty case of sexual obsession and blackmail – one that threatens his job, his marriage, and his life. Watch the trailer
The fifth installment in the hugely successful series, Underworld: Blood Wars celebrates a return to the brooding aesthetic introduced in the original 2002 hit Underworld, directed by Anna Foerster (Outlander, Criminal Minds) from a screenplay by Cory Goodman (The Last Witch Hunter, Priest), story by Kyle Ward and Goodman, based on characters created by Kevin Grevioux and Len Wiseman & Danny McBride. Vampire Death Dealer Selene (Kate Beckinsale) fends off brutal attacks from both the Lycan clan and the Vampire faction that has betrayed her. Aided by her only allies, David (Theo James) and his father Thomas (Charles Dance), she must end the eternal war between Lycans and Vampires, even if it means making the ultimate sacrifice. Go behind the scenes / Trailer
Based on Philip Roth’s late novel, Indignation takes place in 1951, as Marcus Messner (Logan Lerman), a brilliant working class Jewish boy from Newark, New Jersey, travels on scholarship to a small, conservative college in Ohio, thus exempting him from being drafted into the Korean War. But once there, Marcus’s growing infatuation with his beautiful classmate Olivia Hutton (Sarah Gadon), and his clashes with the college’s imposing Dean, Hawes Caudwell (Tracy Letts), put his and his family’s best laid plans to the ultimate test. Go behind the scenes / Watch the trailer
In the fun animated comedy Surf’s Up 2: WaveMania an adventurous penguin convinces The Hang 5, a notorious big wave riding crew, to accompany him to a surfing location known as The Trenches, where the biggest waves in the world can be found. Watch the trailer
To solve its financial problems in the romantic dance-drama Center Stage: On Pointe, the American Ballet Academy (ABA), headed by Jonathan Reeves (Peter Gallagher), seeks to expand its repertoire from ballet to add the more popular contemporary dance. Tommy (Kenny Wormald), Charlie (Sascha Radetsky) and Cooper (Ethan Stiefel) start a competitive camp to recruit new dancers for ABA.Bella Parker (Nicole Muñoz), has always been in the shadow of her sister Kate (Rachele Brooke Smith), a famous ballet dancer. She changes her last name to avoid comparisons, and to her surprise, she is chosen for the camp. Bella has trouble fitting in, and instructor Lorenza (Sarah-Jane Redmond), a ballet snob, is brutally critical of Bella’s dancing. When she is partnered with quiet Damon (Barton Cowperthwite), however, she gains confidence, as the two open up to each other.Rumors surface about one of the dancers, Allegra (Maude Green), and the dancers take sides. Bella strives to remain focused as the day of final audition arrives. When Allegra loses her partner, Bella generously lends her Damon; but in a surprise twist, Bella joins the two on stage, and all three are accepted to ABA. Watch the trailer
Mexican Screenwriter Jonas Cuarón, who made his major feature film writing debut in 2013 with the Academy Award-winning Gravity, now makes his feature film directorial debut with Desierto, the terrifying story of a group of people trying to cross the border from Mexico into the United States who encounter a man who has taken border patrol duties into his own racist hands. In Desierto, Moises (Gael García Bernal) is traveling by foot with a group of undocumented workers across a desolate strip of the border between Mexico and the United States, seeking a new life in the North. They are discovered by a lone American vigilante, Sam (Jeffrey Dean Morgan), and a frantic chase begins. Set against the stunningly brutal landscape, Moises and Sam engage in a lethal match of wits, each desperate to survive and escape the desert that threatens to consume them. Watch the trailer / Go behind the scenes
Jou Romeo is ’n romantiese tienerkomedie wat by Hoërskool Monument in Krugersdorp afspeel. Yvette en Tyler droom al van graad agt af om Shakespeare se ‘Romeo en Juliet’ in hulle matriekjaar op die planke te bring. Die hoof, Meneer Kirby Potgieter, het egter ander planne – deur die kuns- en kultuurbegroting te sny, kan hy die krieket-klubhuis opgradeer en gevolglik die skool se T20-kriekettoernooi ’n nuwe baadjie gee. In ’n poging om te verseker dat die produksie steeds plaasvind, vra Yvette en Tyler die gewildste ou in die skool – Marko Marais – om die rol van Romeo te vertolk. Maar die cool kinders frons wanneer Marko sy krieketkolf vir ’n paar sykouse verruil… Nietemin slaag Yvette en Tyler se plan en hul vertoning is uitverkoop. Marko bevind homself in ’n tweestryd as hy besef Yvette is meer as net ’n drama nerd terwyl Yvette Marko ook anders begin sien as sy besef die sogenaamde jock is meer as net spiere en ’n mooi glimlag. Mildred, die skool se blogger en VJ, sorg dat die leerders op hoogte gehou word van Marko en Yvette se skynbare romanse… ’n Leuen dreig egter om hul te vervreem en om die opvoering te kelder. Terwyl Marko op die krieketveld moet uithaal en wys om sy droom te bewaarheid en sy reputasie te behou, vra Yvette haarself af of Marko werklik haar Romeo kan wees. Lokprent / Webtuiste
Don’t Breathe – A Truly Terrifying Shocker Now On DVD
24 March 2017 by Daniel Dercksen·Comments Off on Don’t Breathe – A Truly Terrifying Shocker Now On DVD
Refreshing and invigorating viewing for those who are brave enough to take the plunge.
Reviewed by Daniel Dercksen (24/03/17)
During a time where housebreaking has become an everyday occurrence, the superb Don’t Breathe is guaranteed to curb crime and stop criminals dead in their tracks.
In this shocking and enthralling thriller, writer-director Fede Alvarez goes for the jugular with an unapologetically brutal and twisted horror-thriller that pits a trio of thieves against an unexpectedly dangerous adversary.
It’s the second feature film from Alvarez, who raised hell with Evil Dead, now showing what happened when a trio of friends breaks into the house of a blind recluse confident of an easy score only to find themselves in a terrifying life-or-death struggle.
It’s not an exploitative rip-off or B-grade seen-it-all-before, but cleverly shows how a seemingly harmless crime can erupt into a nightmarish hell where death is the only outcome.
When the film opens with a young woman being dragged by her hair down the middle of a suburban street during the quiet, early hours of the morning, you know you are in for an out-of-this-world experience that offers something unique: a scary film that is truly frightening.
It’s a masterful cat-and-mouse chase in the tradition of the classic Wait Until Dark, between a relentless hunter and ensnared prey , where the tables turn and constantly spirals into bloody mayhem.
The hunted in Don’t Breathe are three ordinary young people who make the mistake of breaking into the house of a supposedly harmless victim, an action they soon regret and one they cannot escape from as the blind man becomes a conniving killer who cunning bravado leaves no mercy.
Jane Levy, Dylan Minnette, Daniel Zovatto as the three perpetrators and Stephen Lang as the old man deserve medals for their outstanding performances; there are moments in the film where the fear is so real, that its heightened realism causes tension you can cut with a knife.
Don’t be surprised if you stop breathing during the film. The good news is that it only gets more frightening, a cold fear that grabs hold of you and never lets go, until the very last moment that will hit you like a ton of bricks, and even then, you won’t be able to escape its rapturous wrath.
During a time where the horror genre is drowned in an onslaught of sequels and nothing original, Don’t Breathe offers refreshing and invigorating viewing for those who are brave enough to take the plunge.
Believe the title, and be assured that Don’t Breathe promises what it delivers, and takes your expectations to extreme measures.
It’s a shocking film with cruel intentions that is not malicious, but it will upset sensitive viewers, so be warned.
The good news is that the film is now available on DVD and Home Entertainment has never been more suitable for a film than this, offering the added pleasure of a delightful audio commentary by the writer-director Fede Alvarez and co-writer Rodo Sayagues, as well as actor Stephen Lang; there’s also some insightful doccies on how the film was made.
Read more about the film
18 March 2017 by Daniel Dercksen·Comments Off on What’s new on DVD
Great new titles to add to your collection
Captivating Girl On The Train
Once this spellbinding thriller grabs hold you it never let’s go, drawing you deeper into a mystery shrouded in a web of deceit and lies, corrupting innocent lives. In the tradition of Hitchcock’s Rear Window, this film allows us to experience the narrative from different points of view, constantly shifting gears from what we think we know, to total disbelief, and then ultimate enlightenment. Emily Blunt is outstanding in the title role as a commuter captivated by the lives of people who lives in the houses the train passes, catching daily glimpses of a seemingly perfect couple, Scott and Megan, from the window of her train. One day, Watson witnesses something shocking unfold in the backyard of the strangers’ home. Rachel tells the authorities what she thinks she saw after learning that Megan is now missing and feared dead. Unable to trust her own memory, the troubled woman begins her own investigation, while police suspect that Rachel may have crossed a dangerous line. Award-winning and internationally produced screenwriter and playwright Erin Cressida Wilson (who won the Independent Spirit Award for her first screenplay Secretary in 2003), wrote the screenplay, based on Paula Hawkins’ best-selling novel, with Tate Taylor (The Help, Get on Up) in the director’s chair. If you are looking for first rate entertainment that’s intelligent and savvy, look no further. Rating: 5/5 Read more about the film / Watch the trailer
Totally Awesome Life Of Pets
For their fifth fully animated feature-film collaboration, Illumination Entertainment and Universal Pictures bring us the absolutely hilarious and heartwarming comedy about the lives our pets lead after we leave for work or school each day. For one bustling Manhattan apartment building, the real day starts after the folks on two legs leave for work and school. That’s when the pets of every stripe, fur and feather begin their own nine-to-five routine: hanging out with each other, trading humiliating stories about their owners, auditioning adorable looks to get better snacks and watching Animal Planet like it is reality TV. The building’s top dog, Max (C.K.), a quick-witted Terrier rescue who’s convinced he sits at the center of owner Katie’s (Kemper) universe, finds his pampered life turned upside down when she brings home Duke (Stonestreet), a sloppy, massive mess of a mongrel with zero interpersonal skills. When this reluctant canine duo finds themselves out on the mean streets of New York, they have to set aside their differences and unite against a fluffy, yet cunning, bunny named Snowball (Hart), who’s building an army of pets who’ve been abandoned by their owners and are out to turn the tables on humanity…all this and making it home before Katie returns at dinnertime. Entertainment at its best. The bonus features include themaking of the film. Rating: 5/5 Read more about the film / Watch the trailer
Fantastical Miss Peregrine’s Home For Peculiar Children
Rich with fantastical and immersive imagery, memorable characters, epic battles, and unique time travel manipulations, this film offer perfect entertainment for the whole family, brought to life by visionary storymaker Tim Burton, in the grand style of his films Edward Scissorhands, Alice in Wonderland, The Nightmare Before Christmas, and Charlie and the Chocolate Factory. When his beloved grandfather leaves Jake clues to a mystery that spans different worlds and times, he finds a magical place known as Miss Peregrine’s School for Peculiar Children. But the mystery and danger deepen as he gets to know the residents and learns about their special powers – and their terrifying enemies. Ultimately, Jake discovers that only his own special peculiarity can save his new friends. Based on the novel “Miss Peregrine’s Home For Peculiar Children,” written by Ransom Riggs. Rating: 4/5 Read more about the film / Watch the trailer
Bridget Jones’s Baby
The much-anticipated third installment of the Bridget Jones franchise is here! Based on creator Helen Fielding’s heroine, the world’s favourite singleton is unexpectedly expecting.
After breaking up with Mark Darcy (Colin Firth), Bridget Jones’s (Renée Zellweger) “happily ever after” hasn’t quite gone according to plan. Fortysomething and single again, she decides to focus on her job as top news producer and surround herself with old friends and new. For once, Bridget has everything completely under control. What could possibly go wrong? Then Bridget’s fortune takes a turn and she meets a dashing American named Jack Qwant (Patrick Dempsey), the suitor who is everything Mr Darcy is not. In an unlikely twist she finds herself pregnant, but with one hitch: Bridget’s uncertain if the baby’s father is her longtime love…or the newfound one from just across the pond. The bonus features include an alternate ending and the making of the film. Rating: 3/5 Read more about the film / Watch the trailer
18 February 2017 by Daniel Dercksen·Comments Off on New DVDs
Love, thrills and chills
The Local Romance Vir Die Voëls Soars Triumphantly!
Vir Die Voëls was inspired by the true story of Irma Humpel (Simoné Nortmann), a surly tomboy who ends up in a wedding dress, in front of the altar, with the boy who relentlessly teased her as a child. She has always believed that independence was the only form of freedom, until Sampie de Klerk (Francois Jacobs) came along and challenged her convictions on all levels. The film is set in the late 1970s and will make you feel nostalgic. It’s a film about a strong, mature woman and an equally strong man who respects that woman enough to fight for her love. It’s a story about inner conflict and preventing external circumstances and emotional baggage from getting in the way of future happiness. Director Quinton Krog’s visual sensibility is impeccable, drawing you into the story and on a journey you will always remember. If there’s one reason to see this outstanding South African film, it’s for the endearing performances and sizzling chemistry between Nortmann and Jacobs. This is what romance is all about! The bonus features include a behind the scenes feature. The film is in Afrikaans with English subtitles. Read interview with director Quentin Krog.
Thrilling And Captivating 9th Life Of Louis Drax
If you are looking for a film that will keep you on the edge of your seat, The 9th Life Of Louis Drax is a suspense thriller and psychological mind bender that offers first rate entertainment and plenty food for thought, testing the fragile boundaries of fantasy and reality. After surviving eight near-death accidents throughout his unlucky life, Louis Drax [Aiden Longworth] plunges off a steep cliff on his ninth birthday. While police investigate the cause of Louis’ near-fatal fall and the whereabouts of his violent father Peter [Aaron Paul], acclaimed neurologist Dr. Allan Pascal [Jamie Dornan] uses unorthodox techniques to try to tap into the boy’s unconscious mind and reveal the truth about the events that led to his condition. But as he’s drawn deeper and deeper into the mystery of Louis’ seeming ability to cheat death, the doctor finds himself falling for Louis’ mother, Natalie [Sarah Gadon]. As new clues emerge in the case, a shocking revelation changes the fates of Louis Drax and everyone around him. Read more about the film
Tyler Perry’s Boo! A Madea Halloween Will Kill you With Laughter
Blending Tyler Perry’s distinctive humor with elements of horror, this hilarious culture clash between generations –Tyler Perry’s Boo! A Madea Halloween – heralds a fresh turn in the Tyler Perry/Madea franchise: a movie that blends Perry’s distinctive humor with elements of horror. As the film begins, divorced dad Brian (played by Perry) must leave his rebellious teen daughter Tiffany home alone on Halloween. He enlists his aunt Madea, Uncle Joe (both also played by Perry), and friends Hattie and Aunt Bam to keep an eye on her. Determined to meet her girlfriends at a nearby frat party, Tiffany tricks her four gullible chaperones with a frighteningly realistic ghost story that convinces them to stay in their rooms so she can sneak out. All hell and hilarity break loose when Madea, Hattie and Aunt Bam crash the party to bring their baby girl home. And when the women call the cops to break up the Halloween rager, the brothers of Beta Psi Alpha dress as ghosts and ghouls to terrorize them. But of course, the boys soon learn that they are messing with the wrong woman. “This is a whole new side of Madea because audiences don’t think of her as someone who gets scared,” says Perry. “Watching Madea running from ghosts had everyone on set cracking up. They chase her right into a church — a place she swore she’d never go unless they had a smoking section!” Read more about the film
In the thriller Intruder a young woman’s quiet night in becomes a free-fall into fear in this disturbing home invasion thriller. After she lands her dream job, a young cellist (Louise Linton) settles in for a relaxing few days holed up in her apartment-but as a violent storm rages outside, she can’t shake the feeling that someone is watching her every move. Cleverly toying with the rules of suspense, director Travis Z wrings maximum terror from everyone’s worst nightmare: you may not be alone. Watch the trailer
John Taylor (Morris Chestnut) and Anna Walsh (Jaz Sinclair); 2am… John lets the last catering staff out… heads up to bed and hears music; John finds Anna playing music in the living room…
In When The Bough Breaks John and Laura Taylor (Morris Chestnut and Regina Hall) are a young, professional couple who desperately want a baby. After exhausting all other options, they finally hire Anna (Jaz Sinclair), the perfect woman to be their surrogate – but as she gets further along in her pregnancy, so too does her psychotic and dangerous fixation on the husband. The couple becomes caught up in Anna’s deadly game and must fight to regain control of their future before it’s too late. The bonus features include audio commentary with director John Cassar, writer Jack Olsen and actress Jaz Sinclair, as well as 9 deleted and extended scenes. Watch the trailer
1 February 2017 by Daniel Dercksen·Comments Off on What’s new on DVD
Romance, Drama, Comedy and Horror.
Love rules In The Light Between The Oceans
The Light Between The Oceans is a heartfelt film about love, truth and the secrets people keep in relationships, and what happens when those secrets are exposed to the light of day. The best-selling novel that swept readers away with its transporting story of fate, love, moral dilemmas and the lengths one couple will go to see their hard-fought dreams realized, comes to the screen as a lush, classically star-crossed romance starring written for the screen and directed by Derek Cianfrance. As mesmerizingly beautiful as it is heartbreaking, M.L. Stedman’s novel “The Light Between Oceans” was a literary sensation upon its publication in 2012. Set on the remote edge of Western Australia in the years following the devastation of the Great War, the book lured readers into a seductively old-fashioned tale of love and impossible choices beneath which lay roiling, contemporary questions of right and wrong, the effects of war and peace, the wonders of connection and the dangers of blind scruples. Michael Fassbender is sensational as Tom Sherbourne, a shell-shocked veteran, who devotes himself to his new job as lighthouse keeper on the otherwise uninhabited Janus Rock, surrounded by nothing but the vast sea, seeking solace in the solitude. He intends to remain alone, but unexpectedly meets Isabel Graysmark (Alicia Vikander)a vivacious young woman from the town of Partageuse across the harbor, herself grieving two brothers lost in the war. Despite the obstacles, their love flourishes in the stark isolation and they are soon married. Passionate for each other and hoping to be part of creating a new life together, they try to start a family, but fate intercedes. Then, one night, a mysterious rowboat holding a dead man and an infant girl washes ashore, setting off a chain of decisions—some impetuous, others wrenching— that unravel with shattering consequences. “’The Light Between Oceans’ is a film about love, truth and the secrets people keep in relationships, and what happens when those secrets are exposed to the light of day,” says Cianfrance. “It is a moral drama, but at the core, it is a timeless love story.” Go behind the scenes of the film
Hilarious Nine Lives Is A Film For The Whole Family
When a work-obsessed real-estate mogul suffers a magical accident that leaves him trapped inside the body of his 11-year-old daughter’s cat, he realizes he has to put his family first if he ever hopes to regain his human form in Nine Lives. He has built an empire at the expense of any sort of true human connection and is surrounded by good people who love him in spite of his skyscraper-sized flaws. But it isn’t until he finds himself with four paws and a tail that Tom realizes how lucky he’s been. When the Nine Lives script crossed Kevin Spacey’s desk, he decided the time to get silly again was, well, right meow. “Barry Sonnenfeld has done some of the great films of all time, no doubt about it,” says the actor. “So when he came onto this project, I was enormously excited.” According to Sonnenfeld, Spacey’s unique qualities made him ideal for the duality of the role — first playing an insensitive human, then voicing the same person transplanted into a cat’s body. “Kevin is perfect for the role because he’s smart, funny, sarcastic, and can portray very warm or very cold,” says the director. “Kevin’s voice is also perfect for this because it’s recognizable, it’s droll, it can be sardonic — it’s all the things you want for the voiceover.” Go behind the scenes of the film
The Power Of Miracles Shines In Sully
‘On January 15, 2009, the world witnessed the “Miracle on the Hudson” when Captain “Sully” Sullenberger glided his disabled plane onto the frigid waters of the Hudson River, saving the lives of all 155 aboard. However, even as Sully was being heralded by the public and the media for his unprecedented feat of aviation skill, an investigation was unfolding that threatened to destroy his reputation and his career. Now Oscar-winning director Clint Eastwood brings the story to the big screen, from a screenplay by Todd Komarnicki, based on the book Highest Duty by Chesley “Sully” Sullenberger and Jeffrey Zaslow, with Tom Hanks as Captain Chesley “Sully” Sullenberger. Moments after takeoff from New York’s LaGuardia Airport, a flock of birds strikes US Airways flight 1549, taking out both engines at only 2800 feet and causing an immediate, forced water landing. It is, we will learn, unprecedented. “No one has ever trained for an incident like that,” notes Tom Hanks, speaking as the titular Captain Chesley Sullenberger in director/producer Clint Eastwood’s “Sully.” Recounting the real events that took place on that cold day in January 2009, the film also explores their very real aftermath. Looking back on his experience from just seven-and-a-half years ago, able to now put things into perspective, he says, “Part of the emotional context of this story is that it happened in a time in our history when there was worldwide concern on several fronts: it was post-9/11, we had troops in the Middle East, there was the ’08 financial meltdown…people were worried. That this happened in Manhattan and that we survived it, well, I think it gave people hope, even ones who were not directly connected with the flight.” The bonus features include a doccie on the man behind the miracle; the difference between disaster and deliverance rested on the character of the man with his hands on the controls. Go behind the scenes of the film
Blair Witch Lives
It’s been 20 years since James’s sister and her two friends vanished into the Black Hills Forest in Maryland while researching the legend of the Blair Witch, leaving a trail of theories and suspicions in their wake. Now James (James Allen McCune of TV’s“Shameless”) and his friends Peter (Wreck-It Ralph’s Brandon Scott), Ashley (Corbin Reid of TV’s “Disney Star Darlings”) and film student Lisa (Callie Hernandez of upcoming La La Land and Ridley Scott’s upcoming Alien: Covenant) venture into the same woods in Blair Witch, each with a camera to uncover the mysteries surrounding their disappearance. The Blair Witch Project, which premiered in 1999 to become a global phenomenon, created lasting lore around our timeless fear of being alone in the woods. The nearly no-budget film grossed millions and set the gold standard for found footage movies, spawning a new generation of horror fans. “When it first came out, I was one of a billion high school kids taking a camcorder into the woods and doing a Blair Witch spoof with my friends,” says Wingard. “The film had a total dedication toward authenticity. No one has so completely committed to that type of realism before or since. Simon and I re-watched the film half a dozen times during pre-production to consider every option when creating our story, and were we were astounded by how well it held up — not just as a found footage movie but also as a horror movie.” Go behind the scenes of the film
21 January 2017 by Daniel Dercksen·Comments Off on What’s new on DVD
Add these great titles to your collection!
There are some great new releases this month: Genius is a masterful drama about the complex friendship and transformative professional relationship between the world-renowned book editor Maxwell Perkins and the larger-than-life literary giant Thomas Wolfe; The Meddler is a charming coming-of-age story with Susan Sarandon in top form as a woman who discovers that it is never too late to find true love; Woody Allen conjures up a 1930s world that has passed to tell a deeply romantic tale of dreams that never die in Café Society; Director Antoine Fuqua brings his modern vision to a classic story with The Magnificent Seven;From director Todd Phillips (The Hangover trilogy) comes War Dogs, a comedic drama based on true events, following two friends in their early 20s living in Miami Beach during the Iraq War who exploit a little-known government initiative that allows smaller businesses to bid on U.S. Military contracts; Nobody’s Died Laughing is a documentary on Pieter-Dirk Uys, one of South Africas most prolific writers, satirists and activists; Life On The Line is a riveting action thriller and family drama centered on Beau (John Travolta), his beloved niece Bailey (Kate Bosworth) and the hardworking men who risk their lives to work “on the line” and keep the electric grid running; and Sausage Party, the world’s first R-rated CG animated comedy, is definitely for adults only.
Genius – an intelligent masterwork for discerning viewers
From Academy Award-nominated screenwriter John Logan (Gladiator, The Aviator, Hugo, Skyfall) and acclaimed, Tony Award-winning director Michael Grandage (former artistic director of the Donmar Warehouse) in his feature film debut, comes the masterful drama about the complex friendship and transformative professional relationship between the world-renowned book editor Maxwell Perkins (who discovered F. Scott Fitzgerald and Ernest Hemingway) and the larger-than-life literary giant Thomas Wolfe. If there’s one reason to see this film, besides Logan’s intelligent screenplay and brilliant interpretation by director Grandage, it’s for the commanding performances delivered by Colin Firth (The King’s Speech) as Max Perkins, alongside Jude Law (Anna Karenina, The Grand Budapest Hotel) as Thomas Wolfe. Finding fame and critical success at a young age, Wolfe was a blazing talent with a larger-than-life personality to match. Perkins was one of the most respected and well-known literary editors of all time, discovering such iconic novelists as F. Scott Fitzgerald and Ernest Hemingway. Wolfe and Perkins develop a tender, complex friendship. The film is based on the biography “Max Perkins: Editor of Genius by A. Scott Berg, it also stars Guy Pearce (The Rover, Lawless) as F. Scott Fitzgerald, and Dominic West (Testament of Youth, Pride), as Ernest Hemingway. Watch The Trailer / Go behind the scenes of Genius
Café Society – Woody Allen at his best
Woody Allen fans will indulge in this superb journey into the allure of fame and fortune in Hollywood during the roaring 30s. Allen’s vibrant and panoramic tale of New York and Hollywood features a kaleidoscopic cast of characters that range from movie stars to millionaires, playboys to professors, and working girls to wise guys. This bittersweet romance follows Bronx-born Bobby Dorfman (Jesse Eisenberg) to Hollywood, where he falls in love, and back to New York, where he is swept up in the vibrant world of high society nightclub life. Centering on events in the lives of Bobby’s colorful Bronx family, the film is a glittering valentine to the movie stars, socialites, playboys, debutantes, politicians, and gangsters who epitomized the excitement and glamour of the age.
Poignant, and often hilarious, Café Society, a film with a novel’s sweep, takes us on a journey from pastel-clad dealmakers in plush Hollywood mansions, to the quarrels and tribulations of a humble Bronx family, to the rough-and-tumble violence of New York gangsters, to the sparkling surfaces and secret scandals of Manhattan high life. With Café Society, Woody Allen conjures up a 1930s world that has passed to tell a deeply romantic tale of dreams that never die. Watch the trailer / Go behind the scenes of Café Society
Susan Sarandon and J.K.. Simmons in The Meddler
The Meddler is a charming coming-of-age story with Susan Sarandon in top form as a woman who discovers that it is never too late to find true love. Armed with a new iPhone, an apartment near the Grove, and a comfortable bank account left to her by her beloved late husband, Marnie Minervini (Susan Sarandon) has happily relocated from New Jersey to Los Angeles to be near her daughter Lori, a successful (but still single) screenwriter, and smother her with motherly love. But when the dozens of texts, unexpected visits, and conversations dominated by unsolicited advice force Lori to draw strict personal boundaries, Marnie finds ways to channel her eternal optimism and forceful generosity to change the lives of others – as well as her own – and find a new purpose in life. Watch the trailer / Read an interview with writer-director Lorene Scafaria
Director Antoine Fuqua brings his modern vision to a classic story with The Magnificent Seven, from a screenplay by Nic Pizzolatto and Richard Wenk. With the town of Rose Creek under the deadly control of industrialist Bartholomew Bogue (Peter Sarsgaard), the desperate townspeople, led by Emma Cullen (Haley Bennett), employ protection from seven outlaws, bounty hunters, gamblers and hired guns – Sam Chisolm (Denzel Washington), Josh Faraday (Chris Pratt), Goodnight Robicheaux (Ethan Hawke), Jack Horne (Vincent D’Onofrio), Billy Rocks (Byung-Hun Lee), Vasquez (Manuel Garcia-Rulfo), and Red Harvest (Martin Sensmeier). As they prepare the town for the violent showdown that they know is coming, these seven mercenaries find themselves fighting for more than money. “When MGM asked me about making a Western, I got excited about the possibility of it, because I grew up with Westerns,” says Antoine Fuqua, who re-teams with Denzel Washington in the story of seven outlaws, gunslingers, gamblers and bounty hunters who band together to save a town under the thumb of corruption in The Magnificent Seven. “So I asked myself, ‘Why make a Western now? Why would it be important?’ And the answer was, the idea of tyranny, happening in our world today – that’s what made it timely. You’d need a special group of people to come together to fight tyranny.” Watch the trailer/ Go behind the scenes of The Magnificent Seven
Nobody’s Died Laughing is a documentary on Pieter-Dirk Uys, one of South Africas most prolific writers, satirists and activists. Having written and performed over 20 plays and over 30 revues and one-man shows throughout the world, and been awarded South Africas prestigious Truth and Reconciliation Award in 2001, the film covers his many achievements including his travels around South Africa, visiting over 1.5 million school children, as well as prisons and reformatories, with a free AIDS-awareness entertainment programme. Watch the trailer
Life On The Line is a riveting action thriller and family drama centered on Beau (John Travolta), his beloved niece Bailey (Kate Bosworth) and the hardworking men who risk their lives to work “on the line” and keep the electric grid running. These unsung heroes brave raging storms and dangerously dizzying heights in their dedication to keeping the populace safe. Toiling hundreds of feet in the air on wires carrying as much as 500,000 volts of electricity, tragedy is often inches away. Haunted by the electrocution death of his brother, Beau is devoted to Bailey and determined to see her go off to college and away from the life of linemen. Bailey has other plans, which include the strapping second-generation lineman Duncan (Devon Sawa), whom Beau despises. A deadly tempest is brewing and headed straight to their Texas town. Beau, Duncan and a legion of linemen are thrust into the eye of the storm and must face down impending disaster to keep their community connected. This compelling action drama also stars Sharon Stone, Ryan Robbins, Julie Benz and Gil Bellows. Watch the trailer
From director Todd Phillips (The Hangover trilogy) comes War Dogs, a comedic drama based on true events, following two friends in their early 20s living in Miami Beach during the Iraq War who exploit a little-known government initiative that allows smaller businesses to bid on U.S. Military contracts. The screenplay is by Stephen Chin and Todd Phillips & Jason Smilovic, based on the Rolling Stone article titled “Arms and the Dudes,” by Guy Lawson. War Dogs grew out of the story of two stoner kids, barely into their 20s, who became multi-millionaires as the most improbable of international arms dealers. But just as they reached what should have been the pinnacle of success, it all came crashing down in spectacular fashion. Watch the trailer / Go behind the scenes
Sausage Party, the world’s first R-rated CG animated comedy, is definitely for adults only. Seth Rogen and Evan Goldberg have been the masterminds behind some of the world’s most outrageous, inventive, and hilarious comedies – from Superbad to Pineapple Express to This Is the End to The Interview. Now, they go into the world of animation for Columbia Pictures and Annapurna Pictures’ Sausage Party, the world’s first R-rated CG animated comedy, about a group of supermarket products on a quest to discover the truth about their existence and what really happens when they become chosen to leave the grocery store.“The concept of the movie was ‘what if sausages could live out their dreams of getting in buns?’” says executive producer Kyle Hunter, who co-wrote the screenplay with Ariel Shaffir, Seth Rogen and Evan Goldberg. “It’s about a sausage, Frank, that’s in love with a bun named Brenda,” says Shaffir. “They believe they’re going to get ‘chosen’ to leave the store together, and getting out of the store is their version of what they believe to be heaven. But then Frank overhears a product who has actually been out of the store, who says it’s not what everyone thinks – it’s actually terrible, more akin to going to hell. They fall out of the shopping cart instead of getting chosen, and Frank goes on a journey to find out the truth about what actually happens.” “It’s a very bizarre take on a hero’s journey….an outrageous, anything-goes animated movie about the raunchy life of our food.” Watch the trailer / Go behind the scenes
New DVDs To Add To Your Collection
29 December 2016 by Daniel Dercksen·Comments Off on New DVDs To Add To Your Collection
Fantastic Titles For Everyone!
Magical and Miraculous Captain Fantastic
Here’s one film you cannot miss! From the wacky minds-cape of writer-director Matt Ross springs a story that will shake your core, and challenge your perceptions about the state of the human condition. Viggo Mortensen is outstanding as the fiercely independent patriarch living in the woodlands of the Pacific Northwest, raising his family as far as he can from the influence of modern consumerist culture. Filling the days of his six children with rigorous education, demanding physical training and intense instruction for surviving in the wild, Ben raises a tribe of “philosopher kings” with the cardiovascular and muscular endurance of elite athletes and a grasp of classic texts far beyond their years. For Matt Ross, the writer and director of Captain Fantastic, the story is an exploration of the choices that parents make for their children. “I’m fascinated by all the issues that revolve around parenting,” Ross says. “Ben has given up the outside world and whatever personal ambitions it held for him to devote his life to being the best father he thinks he can be. The question becomes: is he the best father in the world or the worst? Is what he’s doing insane or insanely great?” Read more about the film / Watch the trailer
Heartbreaking and Soulful Free State of Jones
Based on Oscar-nominated writer/director Gary Ross’ original screenplay, the epic action-drama Free State of Jones tells the extraordinary story of a little known episode in American history during which Newt Knight, a fearless Mississippi farmer, led an unlikely band of poor white farmers and runaway slaves in an historic armed rebellion against the Confederacy during the height of the Civil War. Matthew McConaughey delivers an Oscar-worthy performance as a man torn between what he believes and who he loves, with other superb performances from Keri Russell, and Gugu Mbatha-Raw as the two women who shape his life. Juxtaposing and complementing the narrative in intermittent flash-forwards is the 1948 trial of The State of Mississippi versus Davis Knight, the key defendant in a ground breaking miscegenation trial, and the great-grandson of Newt Knight and his common law wife and former slave, Rachel.Standing side by side in opposition to a ‘rich man’s war, and poor man’s fight,’ Knight’s brave followers took up arms against the Confederacy and established an indomitable rebel regiment deep in rural Mississippi’s impenetrable swamps, giving them a tactical advantage despite being vastly outgunned and outnumbered. A visionary leader, Knight’s passionate opposition to exploitation and prejudice and his establishment of the region’s first mixed-race community, ultimately distinguished him as a celebrated and alternately vilified presence long after the war. Read more about the film / Watch the trailer
Me Before You – A Faity-Tale Romance You Will Never Forget
Adapted from the bestselling novel by Jo Jo Moyes, Me Before You tells the story of the unexpected relationship that blossoms between a contented small town Englishwoman and the wealthy, paralyzed Londoner who hires her as his caretaker. Emilia Clarke and Sam Claflin will steal your heart and then shatter it as two star-crossed lovers whose love is greater than the circumstances that confront them. Theater director Thea Sharrock makes her feature directorial debut. Read more about the film / Watch the trailer / Thea Sharrock talks about Me Before You, marking her feature film debut
Nice Guys – A Soulful Comedy With Bite
In 1970s Los Angeles a down-on-his-luck private eye Holland March and hired enforcer Jackson Healy must work together to solve the case of a missing girl and the seemingly unrelated death of a porn star. During their investigation, they uncover a shocking conspiracy that reaches up to the highest circles of power. If there’s one reason to watch this film, it’s for the electric chemistry between Russell Crowe and Ryan Gossling, and excellent comedy timing reminiscent Laurel and Hardy. Writer/director Shane Black relates, “L.A. in the ‘70s was this moldering town where smog covered the city like a crust and Hollywood Boulevard had turned into this cesspool of pornography. And in this scenario, you get these two numbnuts who kind of stumble into shoes they can never fill when they uncover this huge conspiracy. So you’ve got your corruption, you’ve got your decadence, and then the question became how unsettlingly inappropriate could we make these two guys for the task for which they set themselves up.” Read more about the film / Watch the trailer
Action-packed Star Trek Beyond
This highly anticipated next installment in the globally popular Star Trek franchise, created by Gene Roddenberry and reintroduced by J.J. Abrams in 2009, returns with director Justin Lin (“The Fast and the Furious” franchise) at the helm of this epic voyage of the U.S.S. Enterprise and her intrepid crew, from screenplay by newcomer Doug Jung (Dark Blue, Banshee) and returning cast member turned co-writer, Simon Pegg. In “Beyond,” the Enterprise crew explores the furthest reaches of uncharted space, where they encounter a mysterious new enemy who puts them and everything the
Federation stands for to the test. Adm. James T. Kirk (William Shatner) has defeated his archenemy but at great cost. His friend Spock has apparently been killed, the USS Enterprise is being scrapped, and starship physician Dr. Leonard ”Bones” McCoy (DeForest Kelley) has taken ill. McCoy’s odd behavior is evidence he’s harboring Spock’s katra, or animating spirit, and Kirk seeks to take the Enterprise back to the Genesis Planet and find his friend. Rebuffed, Kirk takes dramatic action that results in war with deadly Klingon. Read more about the film / Watch the trailer
Heartwarming Heidi in Afrikaans
Heidi spent the happiest days of her childhood with her reclusive grandfather in a simple wooden hut in the Swiss mountains. Together with her friend, Geissepeter, she tends to goats and enjoys the freedom – but the carefree time ends abruptly, as Heidi is taken by her Aunt Dete to Frankfurt. Director Alain Gsponer talks about bringing Heidi to the big screen/ From Page to Screen: Bringing Heidi to the Big Screen/ Screenwriter Petra Volpe talks about adapting Heidi for the big screen/ Johanna Spyri: a writer ahead of her time / Watch the trailer
21 December 2016 by Daniel Dercksen·Comments Off on What’s New On DVD
Spaced Out Action, Shark Attack, and Human Drama
Trip To Mars
In Approaching the Unknown Mark Strong plays Captain William D. Stanaforth, who’s making a solo flight to Mars to begin colonization there. He knows he won’t be coming back to Earth, and he’s not too concerned about this. “Six billion people on Earth cheering me on are also wondering why I do this,” he muses in voiceover. Well, he does it because it’s what he does. Like all astronauts, he’s also an advanced scientist, one who’s figured out a way to make drinking water out of dirt, and whose spaceship is carrying a reactor that’s essential not just to his trip but to the job he’s going to do once he lands on the red planet. Following his craft is another spaceship, this one piloted by Sanaa Latham’s Capt. Maddox. She is, in the sparse video-screen views of her from Stanaforth’s craft, considerably less chill than Strong’s character, and her temperament and the tech problems she faces provide the movie with some tense conflict early on. When not trouble-shooting for Maddox from afar, Stanaforth interacts with earthbound colleague and apparent best friend Louis Skinner, an ever-earnest Mission Control archetype played by Luke Wilson. “Approaching the Unknown” is the feature debut of writer/director Mark Elijah Rosenberg. Watch The Trailer
Letters To Mother Theresa
On Sept. 10, 1946, Mother Teresa (Juliet Stevenson) receives a message from God that tells her to help the poor, the sick and the downtrodden. Her new purpose initially causes conflict with the Roman Catholic Church and the government of India. After her death, a Vatican priest begins to recount her life’s work, her political oppression and her unbreakable spirit. As her story unfolds through 40 years of personal letters, history remembers her as one of the world’s greatest humanitarians. Watch the trailer
Never Back Down
Picking up after the events of Never Back Down 2, former MMA champion Case Walker is on the comeback trail to become champion once again. Watch the trailer
The Shallows
In the taut thriller The Shallows, when Nancy (Blake Lively) is surfing on a secluded beach, she finds herself on the feeding ground of a great white shark. Though she is stranded only 200 yards from shore, survival proves to be the ultimate test of wills, requiring all of Nancy’s ingenuity, resourcefulness, and fortitude. The Bonuss Features include deleted scenes, How To Build A Shark, Shooting In The Shallows, Find the Perfect Baech: Lord Howe Island, and When Sharks Attack. Watch The Trailer
Bourne Returns for More Action
Mattt Damon returns to his most iconic role in Jason Bourne . In the world of action choreography, chase sequences and intricate switchbacks, the Bourne films—with their innovative story and structure—have set a new standard for an entire genre. Almost two decades ago, a brilliant young soldier volunteered for an experimental special-ops program after he was told that terrorists killed his father. He was promised he could honor his family and country by evolving an already impressive intellect, deft agility and adaptable skillset into the unimaginable. It was all a lie. Subjected to brutal training he doesn’t remember by people he couldn’t then identify, the elite-trained assassin who came to be called Jason Bourne was molded into a $100 million human weapon who, according to his designers, malfunctioned. When Bourne tracked his makers to learn their end game, they tried to erase him and took away the only woman he ever loved. Once he found revenge, learned his real identity and what he believed was the goal of his creators’ campaign, Bourne felt a semblance of peace and vanished…for what he hoped was forever. Once a new program is activated—one developed by a global power structure more intricate and duplicitous than in the period of superpowers from which Bourne was created—he is flushed out of hiding by an instantly malleable network that is more dangerous than any individual government. The singular goal of this power nexus is to manipulate terror, technology and insurgency to fit its end game. While his pursuers believe Bourne will come in for reconditioning if they deliver him what he most desires, the most elite weapon ever designed knows what his trackers cannot grasp: even broken soldiers defend the innocent from those with unchecked power. It is directed by Paul Greengrass. The bonus features include ‘Bringing Back Matt Damon As Bourne’, Bare Knuckle Boxing, Close Quarters Combat, Underground Rumble, The Athens Escape, Convention Chaos and Shutting Down The Las Vegas Strip. Watch the trailer / Read more about the film
Win a Dis Koue Kos, Skat DVD
17 December 2016 by Daniel Dercksen·Comments Off on Win a Dis Koue Kos, Skat DVD
The Allure Of Food And New Love!
Dis Koue Kos, Skat is a charming local film that features Anna-Mart van der Merwe in top form as a renowned food writer Clara, who discovers that her husband is cheating on her with one of her best friends and moves to Cape Town with her two kids where she rediscovers her true nature, and gloriously uncovers the allure of food in romance! Clara undergoes this journey not only of healing, but of rediscovering her passions in life, all the while plotting her revenge on her ex husband and his new, much younger wife. Deon Lotz is equally brilliant as the cheating husband with Frank Opperman ideally cast as a restaurant owner and chef who has a peculiar food fetish. Elzabe Zietsman is also fantastic as the best friend and matchmaker who adds to the humour in the story of love lost, and ultimately found in the strangest of places. Make sure to add this delightful story to your collection! The Bonus features include a fun gag reel as well as deleted scenes.
Read and interview with director Ettienne Fourie
Win a Dis Koue Kos, Skat DVD!
If you want to win a Dis Koue Kos, Skat DVD, tell us who wrote the novel the film is based on and send your answer and contact details with Koue Kos in the subject line to us before December 31, 2016.
Enter Competition Here
Local Is Indeed Very ‘Lekker’
Amalia Uys and Stiaan Smith in Sy Klink Soos Lente
Sy Klink Soos Lente is a refreshing revival of the Afrikaans Romantic Comedy genre, with Corné van Rooyen’s sensitive directing style and Stiaan Smith’s fresh script create a wonderful background for Amalia Uys and Smith’s gripping performances and pulling out all the emotional stops. It’s a delightful tale of a mechanic (Smith) who falls in love with a beautiful and brainy redhead (Uys) who is the daughter of his boss at a car dealership in Johannesburg. The chemistry between Smith and Uys is pure magic and when the sparks begin to fly, the mechanic spins a white lie and tells her he’s the lead singer in a band. Linda immediately likes the charming muso, they fall for each other, and Ben has to start a band to conceal his lie and win over the girl of his dreams. “ It’s not just a fun comedy of errors and mistaken identities, but features memorable music by Bouwer Bosch. The bonus features features Bosch fun music video ‘Sy Klink Soos Lente’, a lively behind the scenes feature, as well as two hilarious mockumentaries on the characters in the film. Well worth it! Read an interview with Stiaan Smith
Dann Jaques Mouton in Noem My Skollie
If you are looking for a gritty and hardcore prison drama, Noem My Skollie features Dann Jaques Mouton (last seen in Abraham) delivering a touching performance as a man who grows up on the impoverished ganglands of Cape Flats in the 1960s. It tells the tragic story of four teenagers, AB (Austin Rose) and his three best friends Gimba (Ethan Patton), Gif (Joshua Vraagom) and Shorty (Valentino de Klerk), and their vicious journey into adulthood. It’s the autobiographical story of screenwriter John W. Fredericks who takes us into the hardship of prison life, but also the story of a man who find life in a hellish existence. Sensitive viewers are warned that the film carries an age restriction of 18 due to the graphic violence, rape scenes and foul language. The bonus features include audio commentary on some of the deleted scenes. Read more about the film
14 November 2016 by Daniel Dercksen·Comments Off on Latest DVD releases
First-rate Home Entertainment for the whole family
The South African film My Father’s War is undoubtedly one of the best local films of the year.
This bilingual (Afrikaans/English) drama focuses on the heartbreaking broken relationship between a father and his rebellious teenage son with outstanding performances by Edwin van der Walt as a conflicted young man who is constantly at was with his father, a veteran of the Angola border war, with an equally powerhouse performance by Stian Bam as a man torn between a past that shattered his life, and a future that holds little promise. Erica Wessels is also superb as the wife who is caught in the middle of their epic battle. The men don’t see eye to eye on anything, and there seems to be no hope for reconciliation between them.The films takes a refreshing turn when young Dap has a series of dreams in which he is a combat soldier in the Border War in the 1980s, and he meets his father at the same age.The haunting dreams turn young Dap’s perception – and life – completely upside down. There’s no going back. But what is the way forward? Writer-director Craig Gardner brings his potent script to life with great vision and understanding. Features: You can view the film in its original version, with English subtitles, or you can view it in English. There is also an interesting behind the scenes featurette. Watch the trailer / Read an interview with writer-director Graig Gardner
Hardcore Keeping Room
Amid the rising suspense of three Southern women defending their besieged home, director Daniel Barber finds both grit and a deeply moving grace in the actions the women must take to stay alive in the face of desolate circumstances in The Keeping Room. Barber’s radically reimagined American Western is set towards the end of the Civil War, Southerner Augusta (Brit Marling, Arbitrage, The East) encounters two renegade, drunken soldiers (Sam Worthington, Avatar and Kyle Soller, BBC’s “Poldark”) who are on a mission of pillage and violence. After escaping an attempted assault, Augusta races back to the isolated farmhouse that she shares with her sister Louise (Hailee Steinfeld, True Grit, Pitch Perfect 2) and their female slave Mad (newcomer Muna Otaru.) When the pair of soldiers track Augusta down intent on exacting revenge, the trio of women are forced to take up arms to fend off their assailants, finding ways to resourcefully defend their home––and themselves––as the escalating attacks become more unpredictable and relentless. This tense drama rife with jeopardy, is at its core an uncommon depiction of women boldly countering the impact of war on their lives; Augusta, Louise and Mad turn the very source of their vulnerability into a fierce drive to unite and survive. Watch the trailer.
A Classic Newsroom Drama At Its Best
Truth is a classic newsroom drama, a suspenseful behind-the-scenes procedural, a multi-character study—and also something more: In the words of former CBS News anchor Dan Rather, “This film is about what has happened to the reporting of news, how and why it’s happened, and why you should care.” For Writer-Director James Vanderbilt, a fascination with journalism initially drew him to the project. “Movie making and journalism are different ways of telling a story. I grew up with All the President’s Men and wrote and co-produced Zodiac, about the San Francisco Chronicle, and I’ve always been intrigued with what goes on in newsrooms. When a big story breaks on 60 Minutes, how does that happen? How does the sausage get made?” The film tells the story of The Killian Documents controversy (a.k.a. “Rathergate”) in the days leading up to the 2004 presidential election. When veteran newscaster Dan Rather and CBS News head Mary Mapes choose to air a segment on 60 Minutes exposing how President Bush avoided being drafted to Vietnam through his father’s political advantages, the resulting fallout ultimately costs them their jobs and reputations. If there’s one reason to see this film, it’s Cate Blanchett’s commanding performance. Watch the trailer
Conflict Between Jesus And The Devil
Ewan McGregor is Jesus – and the Devil – in an imagined chapter from his forty days of fasting and praying in the desert. On his way out of the wilderness, Jesus struggles with the Devil over the fate of a family in crisis, setting for himself a dramatic test. The Last Days in the Desert follows Jesus on his way out of the wilderness, where he struggles with the Devil over the fate of an ordinary family in crisis, setting for himself a dramatic test with distinctly human conflicts. The film is written and directed by Rodrigo García with spectacular cinematography by Emmanuel Lubezki, who perfectly captures torment and drama. Watch the trailer
The Terrifying Angst Of Cyber-Stalking
In this disturbing found footage drama, thriller and horror film written and directed by Branden Kramer, Emma (Ashley Benson) a graduate student living alone in New York City, is watched by a stalker on all of her technological devices. Eventually, the video feeds are not enough and he goes from a virtual to a physical stalker.The film is based on a short film also written and co-directed by Kramer titled Webcam and follows in the tradition of recent shockers like Unfriended. Watch the trailer.
Thrilling action
Marauders is an action crime-thriller film directed by Steven C. Miller and written by Michael Cody and Chris Sivertson. FBI agents (Christopher Meloni, Dave Bautista) uncover a conspiracy while trying to nail a group of deadly bank robbers. This tale about a team of FBI agents — who are trying to catch a gang of ruthless bank robbers whose motivation appears to go well beyond money — throws in lengthy debates about the nature of evil, a subplot involving the war in Afghanistan and scenes of emotional upheaval to little dramatic effect. Watch the trailer.
In the action-packed Blunt Force Trauma John (Ryan Kwanten), a modern duelist, seeks a match with the reigning champion (Mickey Rourke) while Colt (Freida Pinto) seeks revenge for her dead brother. Watch the trailer
Fun For Kiddies
In The Swan Princess: Princess Tomorrow, Pirate Today! young Princess Alise must spend her time with Queen Uberta when her parents is away for the summer. Fun-loving Princess Alise gets training to be the perfect, proper royal…But what she really wants is to become a swashbuckling pirate! Princess Alise sets sail with Lord Rogers, Jean-Bob the frog and Speed the turtle on a bold, high seas journey filled with amazing adventure, danger and discovery. After a shipwreck leaves the brave crew stranded on a wild, mysterious island, they meet Lucas, a young boy who has been living in seclusion. Now the faithful friends must work together to escape the island and the ferociously hungry creatures that dwell there. Watch the trailer
Sequels to The Conjuring and Now You See Me on DVD
9 November 2016 by Daniel Dercksen·Comments Off on Sequels to The Conjuring and Now You See Me on DVD
Terrifying Supernatural chills with The Conjuring 2 *****
Be afraid, be very afraid for this supernatural thriller will have you sleeping with the lights on! James Wan is a master of paranoia, of playing on such universal fears as being in the dark, being alone and, in the case of The Conjuring 2, being overtaken by the unknown. It follows the record-breaking success of The Conjuring, seeking to terrify moviegoers once again with his depiction of another highly publicized case involving the real-life horrors experienced by paranormal investigators Ed and Lorraine Warren with The Conjuring 2, from a screenplay by Chad Hayes & Carey W. Hayes (The Conjuring) & James Wan and David Leslie Johnson (Wrath of the Titans) , story by Chad Hayes & Carey W. Hayes & James Wan. Reprising their roles, Oscar nominee Vera Farmiga (Up In the Air) and Patrick Wilson (Hard Candy) , star as Lorraine and Ed Warren, who, in one of their most terrifying paranormal investigations, travel to north London to help a single mother raising four children alone in a house plagued by malicious spirits. In 1970, the Warrens battled a malevolent presence that permeated a remote farmhouse in Harrisville, Rhode Island—a case brought to the screen in 2013 in Wan’s hugely successful “The Conjuring.” Then came the most highly publicized case of their careers, Amityville, which would nearly destroy them. It’s late 1977 when, with the effects of Long Island still haunting them, the Warrens come out of a self-imposed sabbatical and travel to northern London to take on a vile demonic entity that has taken root in the home of the Hodgson family, in the populous borough of Enfield. What is thought by many to be a hoax will become the most documented case in paranormal history. Read more about the film
More magical illusions with Now You See Me 2 ****
The master magicians known as the Four Horsemen return for their most daring and astounding caper ever in Now You See Me 2, elevating the limits of stage illusion to new heights in hopes of clearing their names and exposing the ruthlessness of a dangerous tech magnate. One year after their astonishing Robin Hood-style magic shows win the public’s adulation and confound the FBI, the quartet resurfaces for a dazzling comeback performance that will make their previous escapades seem like child’s play. With the help of FBI Special Agent Dylan Rhodes (Mark Ruffalo), the Horsemen — J. Daniel Atlas (Jesse Eisenberg), Merritt McKinney (Woody Harrelson), Jack Wilder (Dave Franco) and new addition Lula (Lizzy Caplan) — mount a meticulously planned surprise appearance, in hopes of exposing corrupt tech tycoon Owen Case (Ben Lamb). But their scheme backfires, exposing Dylan’s involvement with the Horsemen and sending all five of them back on the run. To regain their freedom and their reputations they are forced by wealthy recluse Walter Mabry (Daniel Radcliffe) to recover an unimaginably powerful computer chip stolen by his treacherous former business partner — none other than Owen Case. The Horsemen soon find themselves once again squaring off against unscrupulous businessman Arthur Tressler (Michael Caine) and professional skeptic Thaddeus Bradley (Morgan Freeman) as they attempt to accomplish the most difficult heist of their careers — but even they cannot anticipate the ultimate surprise awaiting them. The film is directed by Jon M. Chu (Step Up 2: The Streets, G. I. Joe: Retaliation) from a screenplay by Ed Solomon (Now You See Me, Men in Black), story by Ed Solomon & Peter Chiarelli (The Proposal, Eagle Eye), and based on characters created by Boaz Yakin & Edward Ricourt. The bonus features include a fantastic audio commentary by director Jon M. Chu and a You Can’t Look Away featurette. Read more about the film
24 October 2016 by Daniel Dercksen·Comments Off on What’s new on DVD
X-Men: Apocalypse, The Boss, Bad Neighbours 2 and Barbershop: The Next Cut.
Following his acclaimed work on X-Men: Days Of Future Past, director Bryan Singer takes the franchise to new heights with the spectacular mind-blowing X-Men: Apocalypse, in which the X-Men battle the original and most powerful mutant — Apocalypse.
In 1983, the invincible and immortal Apocalypse is set free after being entombed for several millennia. Enraged that his kind are no longer treated as gods, Apocalypse assembles a team of powerful mutants, including a disheartened Magneto, to destroy humankind and create a new world order, over which he will reign. To end Apocalypse’s path of global destruction, Raven (Jennifer Lawrence) and Professor X (James McAvoy) lead a team of young X-Men in an epic showdown with a seemingly unstoppable enemy. The stage is set for an epic mutant versus mega-mutant war. The battle between the X-Men and Apocalypse is insane!”
Moviegoers got their first glimpse of Apocalypse in a post-end credits sequence in X-Men: Days Of Future Past, where a younger version of the mutant was seen building pyramids, telepathically, while his minions looked on.
Apocalypse’s 5,000-year absence began when civilization was at its peak; his sleep ends when it’s arguably at its nadir. Upon rising in Cairo in 1983 from his millennia-long slumber, Apocalypse is shocked and repulsed by our planet’s decline—the cars, noise, pollution—all signs of a failed world that he must cleanse. His mission: exterminate the weak and rebuild it for the strong.
“It’s a time of conflict, war and destruction,” notes Singer. “Apocalypse sees this as a civilization in desperate need of culling. There are false idols: people now worship money, and possess nuclear weapons, which gives them a false sense of godlike power. This does not work for Apocalypse. So he wants to put an end to it and start everything fresh again—and to reshape Earth in his image.”
The fantastic bonus features include an insightful audio commentary by Brian Singer and screenwriter Simon Kinberg. Watch the trailer / Read more about the film.
The insanely hilarious The Boss taps into the zeitgeist of the mercurial nature of modern-day celebrity with a ribald, if not insightful, commentary on wealth, family, fame and the power it all wields.
The Boss was written by McCarthy, director Ben Falcone and screenwriter Steve Mallory, who met almost 15 years ago at The Groundlings, the Los Angeles-based improv troupe whose notable alumni include comedy stalwarts, such as Will Ferrell, Paul “Pee-wee Herman” Reubens, Jack Black, Kristen Wiig and Jennifer Coolidge, among a multitude of others.
Mccarthy, whose pitch-perfect timing and deceptively effortless physical comedy has helped to rocket Spy, The Heat, Identity Thief, Tammy and Bridesmaids to blockbuster status, stars as Michelle Darnell in The Boss, a titan of industry who is sent to prison after she’s convicted of insider trading and emerges ready to rebrand herself as America’s latest sweetheart and reestablish herself as the doyenne of finance, but not everyone she steamrolled is so quick to forgive and forget.
The fun bonus features include the crazy alternate ending, deleted and extended scenes, and a gag reel. You also have the choice of watching the extended version or theatrical version. Watch the trailer / Read more about the film.
Life is good for Mac Radner (Seth Rogen) and pregnant wife Kelly (Rose Byrne) in Bad Neighbours 2, until the unruly sisters of Kappa Nu move in next door. As the loud parties threaten the sale of their home, the couple turn to ex-neighbor and one-time enemy Teddy Sanders (Zac Efron) for help. Now united with the former college student, the trio devises schemes to get the wild sorority off the block. Unfortunately, the rebellious young women refuse to go down without a fight. The bonus features include deleted scenes, a gag reel and audio commentary with c-writer and director Nicholar Stoller and producer James Weaver. Watch the trailer.
This sequel to the 2002 film returns to the Chicago barbershop owned by Calvin Palmer Jr. (Ice Cube) in Barbershop: The Next Cut. His employees — Isaac (Troy Garity), Terri (Eve), Ricky (Michael Ealy), Dinka (Leonard Earl Howze) and Kenard — have their own personal and workplace problems, and a new barbershop called Nappy Cutz has moved in across the street. As Calvin tries to change the character of his business, Nappy Cutz and gentrification become a threat to the surrounding community. Watch the trailer
New titles to add to your collection
Money Monster is a mainstream thriller that’s exciting, fast-paced, and smart. In the real-time, high stakes thriller Money Monster, George Clooney and Julia Roberts star as financial TV host Lee Gates and his producer Patty, who are put in an extreme situation when an irate investor who has lost everything (Jack O’Connell) forcefully takes over their studio. Clooney stars as Lee Gates, a celebrated stock picker and famed host of the titular financial television show, who darts and dances around his set, shouting investment advice and punctuating market talk with silly props and sound effects. Re-teaming with George Clooney is Julia Roberts, who plays Patty Fenn, the unflappable, steadfast and longtime producer of “Money Monster.” “I love this movie because it has two things that sometimes people think are opposites,” says Jodie Foster, who directs the thriller from a screenplay by Jamie Linden and Alan DiFiore & Jim Kouf with a story by Alan DiFiore & Jim Kouf. Read more
A “spiritual sequel” to Dazed and Confused set in the world of 1980 college life, writer-director and producer Richard Linklater’s delightful Everybody Wants Some!! is a comedy that follows a group of friends as they navigate their way through the freedoms and responsibilities of unsupervised adulthood. Get ready for the best weekend ever. “It’s pretty autobiographical,” confesses Linklater. “Looking back, I realize it was a fun time to be in college, not only personally, but it was an interesting cultural moment. It was still the end of the 70s. What people now think of as the 80s really didn’t kick in until ’82 or ’83. As soon as he arrives at the baseball houses, the frat like homes of STU’s baseball team, Jake receives a less than friendly welcome from senior Glenn McReynolds (Tyler Hoechlin) and his roommate Roper (Ryan Guzman). With the clock ticking down to the first day of class, the guys throw themselves into the very best that 1980 has to offer. The first night out, the team hits the town in their tightest jeans and polyester shirts to dance the night away at the local disco, then dons Stetsons to line dance to Cotton Eye Joe at the town’s best honky-tonk bar. Before the weekend is over, Jake and the gang have rocked out to Van Halen and Cheap Trick and survived their first mosh pit at a punk show. Read more
Spanish Writer-director Alejandro Amenábar returns to the big screen with the mind-bending Regression, which represents a return to suspense, the genre of The Others which marked his feature film debut in 1996. Set in Minnesota, 1990, Regression tells of detective Bruce Kenner (Ethan Hawke) who investigates the case of young Angela (Emma Watson), who accuses her father, John Gray (David Dencik), of an unspeakable crime. When John unexpectedly and without recollection admits guilt, renowned psychologist Dr. Raines (David Thewlis) is brought in to help him relive his memories and what they discover unmasks a horrifying nationwide mystery. The term ‘regression’ signifies, among other things, going back,” says Amenábar. “For me this project is about revisiting mystery, returning to the genre that marked the beginning of my career with Thesis, a film that explored the nearly hypnotic power that contemplating horror can sometimes have upon us, continued with Open Your Eyes, a hallucinatory and feverish glance in which dreams and reality co-exist, and culminating with The Others, an attempt to recover the taste of old classic suspense films. I always look for what drives me, what motivates me, that energy which you find sometimes exploring things that are completely different. That’s why I’ve explored different genres: drama, horror, suspense, or the mix of genres you find in Agora. Read more
Sing Street delivers an honest and moving perspective on the perils and wonders of teenage life. “I wanted to do something that was personal. I didn’t want to just be doing a musical story for the sake of it,” says Irish writer-director John Carney, whose Sing Street tells of a Dublin teenager (Ferdia Walsh-Peelo) who forms a rock ‘n’ roll band to win the heart of an aspiring model (Lucy Boynton). The origins of Sing Street go back many years to the director’s life as a teenager in 1980s Dublin. John Carney experienced growing up in the Irish Capital by moving from private school to an inner city comprehensive. It ultimately became the seed of an idea to create a musical film about this period in his life growing up. Read more
Woody Allen exposes his core philosophical beliefs in Irrational Man. Abe Lucas (Joaquin Phoenix) is a philosophy professor who has lost his way. His study of the great minds has not made him happy—he has lost all faith in his vocation and hope for his future.“Since I was very young for whatever reason I’ve been drawn to what people always call the ‘big questions,’” says Woody Allen. “In my work they’ve become subjects I kid around with if it’s a comedy or deal with on a more confrontational way if it’s a drama.” Allen’s Irrational Man is about a tormented philosophy professor who finds a will to live when he commits an existential act. Randomness is central to Irrational Man. It hinges on a string of chance occurrences that have life and death consequences. Its story illustrates one of Woody Allen’s core philosophical beliefs. “I’m a great believer in the utter meaningless randomness of existence,” he says. “I was preaching that in Match Point and Abe preaches it in his class. All of existence is just a thing with no rhyme or reason to it. We all live subject to the utter fragile contingency of life. You know, all it takes is a wrong turn on the street…” Irrational Man is a story that expresses an unvarnished picture of Woody Allen’s world view. Read more
7 October 2016 by Daniel Dercksen·Comments Off on What’s New on DVD
Women take control!
JANE GOT A GUN This riveting and epic love story told amidst the sprawling expanse of the American west, tells of Jane Hammond (Natalie Portman), who has built a life on the rugged western plains with her husband Bill “Ham” Hammond (Noah Emmerich) and young daughter. When Ham stumbles home riddled with bullets after a run-in with the relentless John Bishop (Ewan McGregor) and his gang, she knows they will not stop until her family is dead. In desperation, Jane turns to Dan Frost (Joel Edgerton), a man from her past, for help. Haunted by old memories, Jane’s past meets the present in a heart-stopping battle for survival. When 27-year-old Brian Duffield started Jane Got a Gun as a spec script in 2011, he had a very clear idea of the type of story he wanted to write. “I wanted to write about a woman whose big victory was going to be in making a stand,” says Duffield. After experimenting with different genres, Duffield decided to write a western with a woman named Jane as the main character. Watch the trailer. Read more about the film
TOUCHED WITH FIRE A first rate drama about two poets, Carla (Katie Holmes) and Marco (Luke Kirby), struggling with bipolar disorder and the painful truth that their romantic relationship fuels their mania. For director, first-time filmmaker Paul Dalio, the subject was important to him because it was based on his own experience dealing with mental illness. The film is based on Dalio’s “feeling of being misunderstood for a long time, and the rebirth of fully showing the world what this thing really is. It was cathartic,” Dalio said, adding that before he got healthy, he had been through a period of hospitalization and suicidal depression and “the shame of being a freak and not knowing who you are anymore — and then, romanticizing your difference. The heaven and hell we all go through.” Dalio was a student at NYU’s film program, and his professor Spike Lee took an interest in his work, and eventually agreed to produce his film. “He gets behind projects he believes in. When it was time for me to graduate, I showed him a commercial script I had written, and he advised against doing it,” Dalio said, “and this script, my wife really liked it, and she made a point that I had already come out of that stuff, and by wallowing down in there it wouldn’t help anyone, and if I wrote a story with real reflection, it could help people. You listen to the wife.” Holmes’ co-star Kirby, best known for playing attorney Jon Stern on “Rectify,” said he prepared for the role by talking with Dalio about his experiences and by reading “Touched With Fire: Manic-Depressive Illness and the Artistic Temperament” by psychologist Kay Redfield Jamison, which is referenced heavily in the film (Jamison even makes an appearance at the end) and the poems of William Styron, who battled mental illness. Watch the trailer
THE GIRL IN THE BOOK is about a young writer’s transformation when her past invades her present. Forced to face difficult memories and make bold decisions, she ultimately overcomes her demons, allowing her to find love and rediscover her creative voice.Emily VanCamp plays Alice, a 28 years old, living in a small apartment in the upper east side. While she has her fair share of one-night-stands, she’s been single for far longer than she’d like to admit. She’s finally met a guy worth keeping around, but is in danger of screwing it up, as always. Relationships aren’t the easiest things for her. By day, Alice works as an assistant editor for a notable book publisher. Like anyone climbing the ranks, she’s trying to make her mark. By night, in between her various dates, Alice tries to write. She has an incredibly compelling story to tell – her story. But that story was written fifteen years ago…by someone else.Michael Nyqvist plays Milan, is a 35 year-old aspiring writer on the eve of releasing his first novel. Represented by Alice’s father, a prominent book agent, Milan becomes close to 14 year-old Alice, and during that time writes the novel that makes him a world renowned author. Today, 15 years later, Milan and Alice’s paths cross once again, forcing the two to confront events that have long gone unaddressed. Alice’s work life and personal demons converge when her boss tasks her with promoting the one book she would most like to forget exists. This American drama was written and directed by Marya Cohn in her directorial debut. Marya has written and directed several award-winning short films. Her short, Developing, starring Natalie Portman and Frances Conroy, screened at Sundance, won grand prizes at the Belgian Festival Mondial du Cinéma de Court Métrage and the St. Petersburg Message to Man Film Festival, and aired on The Sundance Channel. She received her MFA from NYU’s Maurice Kanbar Institute of Film and Television and her BA from Harvard, where she was awarded the Louis B. Sudler Award for Achievement in the Arts. Watch the trailer
MOTHER’S DAY In this big-hearted comedy, Sandy (Jennifer Aniston) is a stressed-out, single mom who learns that her ex-husband is marrying a younger woman. Her friend Jesse (Kate Hudson) is a fitness freak who doesn’t tell her parents that she has a family. Bradley is a widower (Jason Sudeikis) who’s trying to raise two daughters on his own, while Miranda (Julia Roberts) is too busy with her career to worry about having children. When their respective problems start coming to a head, the Mother’s Day holiday takes on a special meaning. It shows what happens if three generations come together in the week leading up to Mother’s Day. Watch the trailer
7 September 2016 by Daniel Dercksen·Comments Off on What’s new on DVD
Supernatural chills, romance, adventure and Angry Birds!
UITVLUCHT An inspirational romance from local filmmaker Regardt van den Bergh (Faith Like Potatoes, Klein Karoo). The story of Anna (Clara Joubert van den Bergh), a teacher who through an error in judgement loses everything that matters to her in life. In her heartache she finds a job at a farm school called Uitvlucht in the Eastern Cape. As she is confronted with the choices she made in her life she slowly starts experiencing healing and restoration and learns to forgive herself. She starts accepting her circumstances and the fact that someone will love her again. With the support of the teachers and Dok (Stian Bam) , a kind hearted and friendly farmer, who visits the school and make friends with Anna, she finds the courage to re-build herself and others around her. Besides her own drama, she must also suddenly deal with the alcohol abuse of school parents, molestation and ruthless people who have no respect for their own lives. Bonus feature: The music video Bou Aan Liefde and a behind the scenes doccie. Rating: 10 – 12 PG. Running Time – 88 mins. Watch the trailer. Read an interview with Regardt van den Bergh
BEFORE I WAKE Fear is real in the tense and terrifying supernatural horror, which exists in a world with supernatural elements while maintaining a strong foothold in reality. This nightmarish and surreal journey into fear at its most extreme begins as a story about parents trying to reconcile the loss of a child, and ends as a story about a child reconciling the loss of a parent. Jessie and Mark’s irresistible longing to see their dead son, Sean, again, even when they know he isn’t real, drives the narrative. In the hope of manipulating his dreams and bringing Sean back to life, Jessie goes so far as to medicate Cody to ensure he slumbers and dreams. However, they soon discover it is not just Cody’s pleasant dreams that manifest but that as he sleeps his nightmares also awaken. “The horror of Before I Wake is born of the souls of its characters,” says Director/Co-writer/Editor Mike Flanagan. “This is really a bedtime story for grownups complete with its own boogie man.” If you are looking for a supernatural horror that will make your skin crawl, this is it! Rating: 13 H/ Running Time: 97 Min Watch the trailer. Read more about the film
TUMBLEDOWN Hannah (Rebecca Hall) is beginning to move on with her life after the death of her husband, an acclaimed musician and the subject of her latest biography, when she meets Andrew (Jason Sudeikis), a brash writer from New York, who has a different take on her husband’s life – and death. The unlikely pair must collaborate to put together the famous singer’s story and begin to write the next chapter of their lives. Rating: 10-12 PGLS/ Running Time: 103 mins. Watch the trailer.
THE FOREST Rising with terrifying grandeur at the base of Mr. Fuji in Japan, the legendary real-life Aokigahara Forest is the suspense-filled setting of the supernatural thriller The Forest. An American woman, Sara (played by Natalie Dormer of Game of Thrones and The Hunger Games), journeys to the forest in search of her twin sister Jess (also played by Ms. Dormer), who has mysteriously disappeared. Accompanied by a charismatic new acquaintance, expatriate journalist Aiden (Taylor Kinney of Chicago Fire), she enters the forest having been well warned to “stay on the path.” Forest guide Michi (Japanese star Yukiyoshi Ozawa) keeps a protective eye on them both, but when night falls he cannot dissuade them from staying in the forest, and reluctantly leaves the duo to face the elements alone. Fear soon fragments Sara’s consciousness; she begins to question Aiden’s motives, including his claim that he has never seen Jess. Determined to discover the truth about her sister’s fate, Sara will have to face the angry and tormented souls of the dead that prey on anyone who dares come near them. These malevolent spirits lying in wait for Sara at every turn will plunge her into a frightening darkness from which she must fight to save herself. Ideal for those looking for a thrilling supernatural horror with a deadly twist! The bonus features include an insightful behind the scene doccie and interviews with the filmmakers and cast. Rating: 10 – 12 PGH. Running Time: 89 mins. Watch the trailer. Read more about the film.
ANGRY BIRDS A funtastic animation comedy! Flightless birds lead a mostly happy existence, except for Red (Jason Sudeikis), who just can’t get past the daily annoyances of life. His temperament leads him to anger management class, where he meets fellow misfits Chuck (Josh Gad) and Bomb. Red becomes even more agitated when his feathered brethren welcome green pigs to their island paradise. As the swine begin to get under his skin, Red joins forces with Chuck and Bomb to investigate the real reason behind their mysterious arrival. The features include a Bonus Scene, Symphony mode, Character Sketch Gallery and a Blake Shelton ”Friends” music video. Rating: PG. Running Time: 93mins. Watch the trailer.
HOME INVASION Terror arrives at the one place we all feel safest in this taut psychological thriller starring Natasha Henstridge. When a wealthy woman and her stepson are targeted by a trio of expert thieves in their remote mansion, her only form of help comes from a call with a security systems specialist. But as the intruders become increasingly hostile and the connection wavers, will she trust him to be her eyes and navigate her to safety? Rating: 13V. Running Time: 85 mins Watch the trailer
QUEEN OF THE DESERT An epic biographical drama film written and directed by Werner Herzog, based on the life of British traveller, writer, archaeologist, explorer, cartographer and political officer Gertrude Bell (Nicole Kidman) .The film follows Bell’s life chronologically, from her early twenties till her death. It is Herzog’s first feature film in six years after his 2009 film My Son, My Son, What Have Ye Done?. Rating: PG. Running Time: 128 mins. Watch the trailer
31 August 2016 by Daniel Dercksen·Comments Off on New on DVD
The loveable underdog with a never say die attitude
The feel-good Eddie The Eagle takes us into the life of Michael “Eddie” Edwards (Taron Egerton), an unlikely but courageous British ski-jumper who never stopped believing in himself, and with the help of a rebellious and charismatic coach Hugh Jackman), took on the establishment and won the hearts of sports fans around the world by making an improbable and historic showing at the 1988 Calgary Winter Olympics. It was directed by Dexter Fletcher (Wild Bill), from a screenplay by Sean Macaulay and Simon Kelton. Jackman says he was indeed a huge Eddie the Eagle fan growing up — just another reminder of the huge impact Eddie’s exploits had on the world at large. “Eddie was a legend who embodies that pure spirit of having a go. And he had a go at the most crazy, almost suicidal event in sport, the ski jump. I mean, I wanted to be in the Olympics as a kid; I just wasn’t going to go this far!” The bonus features include some fun doccies: ‘Soaring with Eddie The Eagle’, ‘All for Nothing: The Hero’s Heart’, ‘An Unlikely Friendship: Eddie and Peary’, ‘Attitude is Altitude: Filming the Ski Jumps’, and a gallery. Read more about the film
A significant and profound celebration of individuality
The extreme truth of his hidden identity and acceptance of his true self sets an impassioned artist free in the exceptionally soulful The Danish Girl.It’s the much anticipated new film from Tom Hooper (The King’s Speech, Les Miserables), and one that will make its mark in history.The visual sensibility and commanding artistry of director Tom Hooper astounds. From the first frames he sets a poignant and spiritual tone with imagery of the natural beauty of Copenhagen where revered landscape painter Einar Wegener lived during his formative years; these crisp images are perfectly balanced and significantly underscored by the emotional and lush score by Alexandre Desplat (who also lensed Hooper’s The King Speech).This reflective and sensual journey into the gentleness of women is truly magnificent and takes us into the heart and soul of a man who is willing to sacrifice everything to find true happiness and understanding. Eddie Redmayne delivers a tour de force in his dual roles as man and woman; it is astonishing how he never imitates or impersonates, but becomes, immersing himself wholeheartedly into the character of Lili, allowing his transformation to be truthful. Redmayne’s passionate performance is layered with immense sadness, but equally presents us with the blissful joy of true fulfillment and absolute enlightenment. What’s truly admirable about Redmayne’s courageous performance is how he perfectly captures the innocence and essence of a man who falls in love for the first time when he unleashes the goddess inside. The film tells the extraordinary story of Lili Elbe, one of the world’s first people to undergo gender confirmation surgery, and the powerful love story of two people who go through Lili’s journey together. It movingly portrays a marriage going through a profound transformation.: ‘’This is a story of authenticity, identity, and courage, but at its heart it is a love story. About the courage that it takes to find yourself – to be yourself,” says Eddie Redmayne (who won an Oscar for his performance in The Theory of Everything). The bonus features include a behind the scenes documentary. Read the review. Read more about the film
Joy offers ultimate joyfulness
As with emotion, Joy the film is full of outstanding surprises, where an optimistic dream turns into a heated warzone where self-expression, individualism in a tightly-knit family, and the empowerment of identity and ownership clash head-on. It springs from the extraordinary mind of writer-director of David O. Russell, who gave us the equally magnificent The Fighter, Silver Linings Playbook and American Hustle, and based this delightful tale loosely on the life and rise of inventor and home shopping star Joy Mangano. Russell describes it as genre-blurring story that boldly fuses reality with fantasy, linear narrative with inventive flashbacks and flash-forwards, convention with experimental explorations, and an old-fashioned family drama with a contemporary women’s film. It follows the wild path of a hard-working but half-broken family and the young girl who ultimately becomes its shining matriarch and leader in her own right. Driven to create, but also to take care of those around her, Joy (Jennifer Lawrence) experiences betrayal, treachery, the loss of innocence and the scars of love as she finds the steel and the belief to follow her once-suppressed dreams. The result is an entertaining emotional and human comedy about a woman’s rise – navigating the unforgiving world of commerce, the chaos of family and the mysteries of inspiration while finding an unyielding source of happiness. The bonus features included a making of doccie: Joy. Strength and Perseverance. Read the review. Read more about the film.
Faith in divine providence, miracles from heaven, and saving humanity
Z FOR ZACHARIAH When the world is devastated by a catastrophic nuclear event in the rousing Independent Australian film Z for Zachariah, a solitary young woman (Margot Robbie), thrives on the farm she once shared with her family in a single idyllic valley spared from the radioactive fallout. Living on her own for some time, her fears that she may be the event’s only survivor prove unfounded when she encounters John Loomis (Chiwetel Ejiofor), a pragmatic scientist, turned refugee, searching for a safe haven. Forming a delicate if powerful bond, their budding relationship – and with it, the tenuous promise of a better life – begins to unravel when a mysterious stranger (Chris Pine), enters their world. Her faith in divine providence is put to the test by the two men who enter her life. Inspired by the posthumously published 1974 novel, “Z for Zachariah”, by award-winning author, Robert C. O’Brien, the film is written by Nissar Modi (Breaking at the Edge) and directed by Craig Zobel (Compliance). “I was very taken with the idea of doing something that, even though it had sci-fi and post-apocalyptic elements, was really a ‘desert island’ situation in which you could study the relationship dynamics of a small group of people,” says Zobel. Watch the trailer. / Read more about the film.
MIRACLES FROM HEAVEN “There are only two ways to live your life. One is as though nothing is a miracle. The other is as though everything is a miracle, ” said Albert Einstein and in the uplifting Miracles from Heaven we experience the rousing portrait of a family suddenly discovering joy and promise in the most tumultuous moment of their lives. Based on Texas mom Christy Beam’s inspirational memoir, this astonishing true story of the girl rescued by an out-of-the-blue accident is directed by Patricia Riggen (who recently directed the superb The 33), from a screenplay by Randy Brown (Trouble with the Curve).Jennifer Garner stars as Christy Beam, a tenacious, devoted mother whose world is flipped upside down when her daughter Anna (Kylie Rogers) is struck with a rare, incurable disorder. With a parent’s fiercest determination and supported by her devoted husband (Martin Henderson of Grey’s Anatomy), Christy summons the courage to do everything she can and beyond for her child, heading on a heart-gripping quest through a medical maze, even as her faith begins to flag. The bonus features include audio commentary with Patricia Riggen and Randy Brown, a look into how the film was made, creating heaven, and the concept art explorations. Watch the trailer. / Read more about the film
THE BROTHERS GRIMSBY When it comes to creating dynamic characters who delight, entertain and infuriate, Sacha Baron Cohen is the only one who knows how to bring his creations to glorious life in the films Borat, Bruno and Ali G, and now brings us a new character in Grimsby, Nobby Butcher, a terminally unemployed but fun-loving football fan who is forced to save the world. In Grimsby, which was filmed England and South Africa, Nobby has everything a man from Grimsby could want – 9 children and a girlfriend he loves more than anything (Rebel Wilson). There’s only one thing missing in his life: his little brother, Sebastian (Mark Strong), from whom he was separated as a child. After 28 years of searching, Nobby has finally tracked his brother down in London – unaware that he’s an MI6 assassin. After a disastrous reunion in which Nobby accidentally ruins Sebastian’s life and puts them both on the run, they uncover a plot to destroy the world. In order to save humanity, and his brother, Nobby has to embark on a global mission and undertake a complete transformation from lovable idiot to sophisticated secret agent. The screenplay for Grimsby is by Sacha Baron Cohen & Phil Johnston & Peter Baynham, from a story by Sacha Baron Cohen & Phil Johnston, and directed by Louis Leterrier, France’s highest grossing director who gave us The Transporter at the age of 26, and also directed Unleashed, The Incredible Hulk, Wrath of The Titans (and its sequel) and Now You See Me. The Bonus features include a making of doccie and hilarious outtakes. Watch the trailer. / Read more about the film
An epic local war drama, explosive human drama and an athletic superstar faces off against Adolf Hitler’s vision of Aryan supremacy.
MODDER EN BLOED In this emotional journey into the heart and soul of a war that divided a nation, reconciled revenge forces underdogs to triumph in the spirit of togetherness. It’s a poignant story of man versus himself when incarcerated with other Boer prisoners-of-war on the island of St. Helena in the Atlantic Ocean, but also the story of Afrikaner men tortured emotionally and physically by a monstrous British tyrant during the Anglo Boer War of 1899-1902, as well as the story of a British woman who redeems herself through the horrors she witnesses.These three narratives are neatly woven into a tapestry of suspense and drama, where the humanity of tortured souls is tested and the evil of dark souls are confronted.Boer prisoners-of-war are subjected to the most brutal violence and degrading treatment.They are constantly humiliated by the British commander and his soldiers in an effort to break them down emotionally, and to physically cripple them.But, despite the untold torture they had to endure and the inhumane suffering they had to bear, their resistance and quest for vengeance, by whatever means, became stronger and stronger by the day.So, when the gauntlet was thrown down, Willem and his fellow prisoners rose to the challenge, eventually leading to sweet revenge in the most important rugby match of their lives. The Bonus feature include a behind the scenes doccie, and Bok Van Blerk’s music video Read the review / Interview with writer-director Sean Else/ Interview with producer Henk Pretorius
RACE Based on the incredible true story of Jesse Owens, the legendary athletic superstar whose quest to become the greatest track and field athlete in history thrusts him onto the world stage of the 1936 Olympics, where he faces off against Adolf Hitler’s vision of Aryan supremacy. Race is an enthralling film about courage, determination, tolerance, and friendship, and an inspiring drama about one man’s fight to become an Olympic legend.Written by Joe Shrapnel and Anna Waterhouse and directed by Stephen Hopkins, Race tracks the journey of James Cleveland “Jesse” Owens (portrayed by Stephan James of Selma). As filmmaker Leni Riefenstahl (Carice van Houten of Game of Thrones) readies her cameras to record the Games under the steely gaze of Nazi officials, Jesse reaffirms his determination to compete with excellence and honor. With the world watching, he will place in sharp relief his own country’s history of racism as well as the Hitler regime’s oppressiveness. Forever defining what an athlete can accomplish, Jesse Owens races into history as an inspiration to millions, then and now. The bonus features include a making of doccie, Becoming Jesse Owens, and The Owen Sisters. Read more about the film
DEMOLITION The explosive Demolition tells a mind-blowing story of a man whose life unravels and starts to rebuild it, beginning with the demolition of the life he once knew. The film is directed by Jean-Marc Vallée (Dallas Buyers Club, Wild), from an original screenplay written by Bryan Sipe. Jake Gyllenhaal is in top form as a a successful investment banker who struggles after losing his wife in a tragic car crash. Despite pressure from his father-in-law (Chris Cooper) to pull it together, Davis continues to unravel. What starts as a complaint letter to a vending machine company turns into a series of letters revealing startling personal admissions. Davis’ letters catch the attention of customer service rep Karen (Naomi Watts) and two strangers form an deep connection that becomes a saving grace for them both. With the help of Karen and her 15-year-old son (Judah Lewis), Davis starts to rebuild, beginning with the demolition of the life he once knew. At its core, the story of Demolition explores themes of loss, grief and reinvention. Facing his own crossroads, young screenwriter Bryan Sipe developed the story and script (included on The Black List) based on his own stunted creative journey. Read more about the film
4 August 2016 by Daniel Dercksen·Comments Off on New DVD releases
Forbidden Love and Drone Warfare.
FREE STATE This heartbreaking romance is set in 1979 and tells the story of a forbidden love affair between Jeanette – a white Afrikaans girl – and Ravi – an Indian man. The film is written and directed by multi-award winning filmmaker, and graduate of The Writing Studio, Sallas de Jager. “The film explores the predicament of a parent and child relationship within three families when they are confronted by the ripple effect of the forbidden love affair between Ravi and Jeanette. The parents are confronted by the need of a parent for your child to find true happiness versus the need for your child to uphold the way of life taught to him/her from childhood in order to fit into a community as an adult. The ruthless punishment for breaking society’s rules is something that every parent wants to protect his/her child against…The possibility of true happiness of which love is the foundation, will always outweigh the sanctions of society, governments and religion – therefore making one person’s love towards another the most powerful human experience. Not even the tragic nature of forbidden love is enough to stop good people from risking everything just for a taste of something that is bigger than them.”It features great performances from Nicola Breytenbach and Andrew Govender as the starcrossed lovers, with great support from Deon Lotz (Roepman, Skoonheid) and Rolanda Marais (Wolwedans in die Skemer, Ballade vir ’n Enkeling). Read an interview with Sallas de Jager
EYE IN THE SKY Drone warfare on the big screen was launched by The Good Kill last year and now gathers intensity with Eye In The Sky, a British thriller set in the shadowy world of remotely piloted drone warfare. It is helmed by South African director Gavin Hood from an original screenplay by Guy Hibbert. In Eye In The Sky London-based military intelligence officer Colonel Katherine Powell (Academy Award winner Helen Mirren) is remotely commanding a top secret drone operation to capture a group of dangerous terrorists from their safe-house in Nairobi, Kenya. The mission suddenly escalates from a “capture” to a “kill” operation as Powell realizes that the terrorists are about to embark on a deadly suicide mission. From his base in Nevada, American drone pilot Steve Watts (Breaking Bad star and Emmy Award winner Aaron Paul) is poised to destroy the safe-house when a nine year old girl enters the kill zone just outside the walls of the house. With unforeseen collateral damage now entering the equation, the impossible decision of when to strike gets passed up the “kill chain” of politicians and lawyers as the seconds tick down. Watch an interview with Gavin Hood / Read more about the film
A teenage rites-of-passage comedy and Christian drama
DOPE Every generation has a teen comedy that speaks perfectly to the time it was made, whether it’s Sixteen Candles, Clueless, or Mean Girls. Dope, written and directed by Rick Famuyiwa (Our Family Wedding) is yet another update of the familiar formula, where a bunch of nerds have their revenge and eventually come into their own, defeat the jocks, rule the school, and get the girls who would be way too pretty for them in real life. This comedy/rites-of-passage drama, produced by Forest Whitaker and executive produced by Pharrell Williams and Sean Combs, has a subversive edge. It chronicles the misadventures of Malcolm (Shameik Moore), a nerdy high-school student in Inglewood, a city south of LA. Malcolm spends his spare time listening to 1990s hip-hop and performing in a band but studies ferociously hard to go to college. After a chance encounter with a local drug dealer, who uses him as a go-between to pass messages to the girl (Zoë Kravitz) he is wooing, Malcolm winds up with a backpack full of drugs. Bonus Feature: A behind the scenes featurette
90 MINUTES IN HEAVEN Inspired by Baptist minister Don Piper’s bestselling account of his lengthy and arduous recovery from a 1989 auto mishap so serious that he initially was declared dead at the scene, this inspirational indie earns points by being more bluntly realistic than many other faith-based dramas in its depiction of an ordeal that likely would challenge the faith of even the most devout Christians. Piper has testified that he got a glimpse at a warmly inviting afterlife, and actually came tantalizing close to passing through the Pearly Gates, during those long minutes when first responders considered him deceased. But while the movie respectfully accepts Piper’s claim as fact, writer-director Michael Polish (“Big Sur”) wisely refrains from depicting the near-death experience until well into his third act. Instead, he concentrates more on the struggles that can be part of life after a miracle — not unlike Peter Weir’s “Fearless” — and by doing so, fashions a modestly compelling narrative that may attract a crossover audience in theaters and home-screen platforms. Bonus Features: A making of short and Meet The Real Pipers.
19 July 2016 by Daniel Dercksen·Comments Off on New DVDs
Solving the mystery of the Resurrection and an impossible heist!
TRIPLE 9 With a stellar cast, taut script and explosive action, Triple 9 delivers a startlingly fresh take on the classic heist thriller. When a bank-robbing crew of corrupt cops and ex-Special Forces soldiers is forced to attempt a nearly impossible heist for a ruthless mobster, they decide their only hope of survival is to distract the entire Atlanta police force with a “999” — cop code for “officer down.” In the film ex-Special Forces member Michael Atwood (Chiwetel Ejiofor) leads a crew of corrupt police officers and former soldiers (Anthony Mackie, Clifton Collins Jr., Aaron Paul and Norman Reedus) in a daring bank robbery that ends in a frenzied freeway shootout. As Detective Sergeant Jeffrey Allen (Woody Harrelson) investigates the spectacular crime, he is unaware that his own nephew, straight-arrow cop Chris Allen (Casey Affleck) has unknowingly been partnered with one of the robbers on Atlanta’s gang task force. When ruthless Russian-Israeli mob boss Irina Vlaslov (Kate Winslet) strong-arms the crew into attempting one last, seemingly impossible robbery, they decide their best hope is to divert the entire police force’s attention by staging a “999” incident — cop code for “officer down.” Read more about the film
RISEN The powerful story of a non-believer’s journey into faith, with Joseph Fiennes delivering a heartfelt and impassioned performance as a powerful Roman military tribune who is tasked with solving the mystery of what happened to Jesus (referred to by the Hebrew name Yeshua in the film) in the weeks following the crucifixion, in order to disprove the rumours of a risen Messiah and prevent an uprising in Jerusalem. The biblical account of Yeshua’s crucifixion and resurrection has been portrayed on the big screen many times, so when LD Entertainment approached Kevin Reynolds to make a movie about the world-changing events of 2,000 years ago, the writer-director was determined to bring a fresh approach to the story.In contrast to previous versions, including Cecil B. DeMille’s 1927 silent film The King of Kings, 1965 blockbuster The Greatest Story Ever Told and Mel Gibson’s 2004 The Passion of the Christ, Reynolds imagined the narrative told though the skeptical eyes of a non-believer. “We wanted to do something completely different from what had come before, so I came up with the idea that Risen would be told as a detective story,” he says. Bonus Features: There’s some great behind the scenes doccies on The Mystery of the Resurrection, Creating A.D. Jerusalem., From Script to Screen, as well as an insightful feature commentary by director Kevin Reynolds. Read more about the film
Make sure to add The End Of The Tour to your collection
THE END OF THE TOUR ***** If there’s one film you cannot miss that’s now available on DVD, it’s the incredible The End Of The Tour, based on David Lipsky’s memoir about the five-day interview he had with acclaimed novelist David Foster Wallace for Rolling Stone Magazine. Jason Segel’s portrayal of Wallace as a skeptical, ambitious, modest, hyper-self-conscious, depressive, and fundamentally generous figure of genius is unbelievable and is as revelatory of the unexpected depths of this hitherto bro-centric actor as it is of Wallace’s self-effacing fascination. Equally brilliant is is Jesse Eisenberg as Lipsky, delivering a sympathetic rendering of a highly idiosyncratic individual. The film is an emotional tour-de-force and takes you into the heart and soul of what it takes to be a writer and journalist. Directed with imaginative flair and insight by James Ponsoldt, with a crackling screenplay by Pulitzer Prize–winning playwright Donald Margulies, it’s one of those films that grabs hold of you and never let’s go. In his review for the New York Daily News, Joe Neumaier awarded the film five out of five stars, calling it “one of the best movies of the year . . Director James Ponsoldt’s smart, incisive and extraordinary drama is the kind of film that burrows into your head and leaves you illuminated about life and how to live it.” In his review for Rolling Stone, Peter Travers called the film “riveting” and “mesmerizing”, writing “As the details accumulate, so does the power of the film, an illuminating meditation on art and life. . .That’s what makes the movie, elevated by two extraordinary actors, an exhilarating gift.” Make sure to watch the scene at the end of the credits and do not skip the deleted scenes on the bonus features. Website
Thrills, chills and romance
CAREFUL WHAT YOU WISH FOR Nick Jonas, best known as one of the Jonas Brothers, loses his innocence in this erotic thriller from Elizabeth Allen Rosenbaum. He plays a kind-and-loving high school kid who moves with his parents to North Carolina’s Lake Lure for the summer. He buses tables alongside his best buddy Carson (Graham Rogers) while trying to shrug off his shallow talk of getting laid. Everything changes when a rich couple moves in next door to Doug’s family. Doug soon gets involved with the lives of Elliot Harper (Dermot Mulroney) is a self-made jerk with an endless list of hobbies and a dominating personality and his super sexy young wife Lena (Isabel Lucas from Transformers: Revenge of the Fallen, The Pacific, Immortals and The Loft). When Lena fills her lonely hours by seducing Doug and leading him up the garden path, all seems fine until murder shows its foul face and idyllic bliss turns into a nightmare. The resolution of the film is well worth waiting for so don’t spoil the story by knowing too much about what happens. Just relax into its gentle eroticism and enjoy its viscous twist. It has an age restriction of 13 for the sexual explorations.
THE CURSE OF DOWNERS GROVE It’s good to see American Psycho’s Bret Easton Ellis back in action as screenwriter, teaming up with director Derick Martini for this strange blend of romance and teen angst thriller that soon escalates into bloodshed and excessive violence. Its alluring concept deals with an apparent curse that claims the life of a senior every year at a high school in Downers Grove, Illinois, a suburb of Chicago, and results in a visceral experience blended with bizarre and creepy images to heighten the horror aspect. The hero is a skeptical teenager Tracy (Bella Heathcote from Dark Shadows and Pride and Prejudice and Zombies) who believes that it’s all just coincidence, until she sets off a hellish wrath from a football stud (Kevin Zegers), that turns bliss into horror for her and her mechanic boyfriend (Lucas Till) and all her friends. It’s offers fun and entertaining viewing and carries an age restriction of 16 for violence and language. Sensitive viewers will definitely be disturbed by the animalistic revenge during its conclusion.
Win a Sonskyn Beperk DVD
SONSKYN BEPERK In this charming romance, Anya du Plessis (Annelle Bester) leaves her boyfriend in New York to reconnect with her estranged father (Andre Roothman) back in South Africa to deal with her mother’s passing. In Philadelphia her father is obsessed with his beer brewing hobby , he believes is the answer to their financial crisis. When a charming cocky Ruan (Neels van Jaarsveld) enters the fray in search of a winning beer recipe, it seems Anya’s the only thing between him and craft beer glory. The last thing she expects is to fall for Ruan until her boyfriend shows up unexpectedly. Ruan is the suave stranger on a mission to identify a new winning beer recipe with which to enter the annual craft beer competition- the only thing standing in his way on the path to craft beer glory, is the feisty daughter of the farmer. The film carries a 7-9 Age Restriction.
If you want to add this DVD to your collection, tell us where the story takes place and send your answer and contact details, with Sonskyn Beperk in the subject line to us before July 30, 2016. Enter here
Trevor Noah’s Welcome to America now out on DVD
6 July 2016 by Daniel Dercksen·Comments Off on Trevor Noah’s Welcome to America now out on DVD
Noah is really, really funny!
After watching Welcome to America , it is understandable why Trevor Noah is South Africa’s favourite stand-up comedian, and has now found fame in America as the host of The Daily Show, with his razor-sharp with and heightened sense of ‘Racism Spotting’!
Noah’s success can be contributed to the fact that he does not try to be funny, and never uses profanity to raise laughter.
He has the natural ability to be funny, using oodles of charm, refined wit, and intelligent reasoning to turn the absurd reality of humanity inside out, leaving plenty food for thought as he provokes and challenges conventions.
Filmed as part of the Lost in Translation tour at The Lincoln Centre in Washington D.C in 2015, Noah is truly ”a thinking fan’s comic, on a global scale” !
Some of the hilarious highlights include Noah’s observations about the police force, how he became a token during the Ebola scare on a flight from South Africa to the States, a laugh-out-loud journey into Kentucky, and his observations about the American culture.
Make sure to add Welcome To America to your collection, it’s definitely well worth it, and a DVD you are bound to share with friends.
Reviewed by Daniel Dercksen.
27 June 2016 by Daniel Dercksen·Comments Off on What’s new on DVD
Love and Romance.
THE CHOICE An inspiring love story about the unexpected choices. With his latest film, The Choice, internationally best-selling author and literary superstar Nicholas Sparks returns to his beloved North Carolina roots for an inspiring love story about the unexpected choices, large and small, that come to define a lifetime.It chronicles the power of love from a young couple’s rocky first meeting to a life-long romance that will be tested as their lives take a turn that neither of them ever anticipated.When feisty medical student Gabby Holland (Teresa Palmer (Warm Bodies, I Am Number Four) moves in next door to perennial ladies’ man Travis Shaw (Benjamin Walker (Abraham Lincoln: Vampire Hunter, In the Heart of the Sea) , they embark on a surprising romantic journey neither imagined possible. Travis has always believed a serious relationship would cramp his easygoing lifestyle, while Gabby is preparing to settle down with her long-term boyfriend—until an irresistible attraction between the unlikely couple upends both of their well-planned lives. Spanning a decade and tracing the evolution of a love affair that is ultimately tested by life’s most defining events, this story features a memorable ensemble of friends and family in Sparks’s beloved North Carolina setting, culminating with the question that every couple must ask themselves: how far would you go to keep the hope of love alive? Read more about the film
HOW TO BE SINGLE An all-out comedy that shows how they’re all out there making the most of the single lifestyle, in the most outrageous ways imaginable.There’s a right way to be single, a wrong way to be single, and then…there’s Alice. And Robin. Lucy. Meg. Tom. Ken. David. Josh. George. New York City is full of fun seekers seeking the right match, be it a love connection, a hook-up, or something in the middle.And somewhere between the late night date nights, teasing texts and one-night stands, what these unmarrieds all have in common is the need to learn how to be single—and have a hell of a time—in a world filled with ever-evolving definitions of love. Sleeping around in the city that never sleeps has never been so much fun. Led by an ensemble cast that includes some of today’s hottest comedic actresses, including Dakota Johnson, Rebel Wilson, Alison Brie and Leslie Mann, and such rising comedy stars as Damon Wayans Jr., Anders Holm, Nicholas Braun, Jake Lacy, Jason Mantzoukas and Colin Jost, the film follows a host of singles at various stages of—and with varying opinions on—the single state. Bonus feature: Deleted Scenes. Read more about the film
New titles on DVD
21 June 2016 by Daniel Dercksen·Comments Off on New titles on DVD
Human drama at its most dramatic in Sink and Spotlight
Sink is a contemporary drama written and directed by Brett Michael Innes that poignantly explores the themes of entrapment, loss and forgiveness against the backdrop of the current South African class structure and the experience of foreign nationals in the country. It tells the compelling story three people trying to deal with a tragic situation: Rachel (Shoki Mokgapa), is a mother trying to come to terms with the loss of her child and the bitterness that she feels towards the people responsible; Michelle (Anel Alexander), a woman trying to deal with the arrival of her own child and the guilt that she feels towards her involvement in the death of another’s; and Chris (Jacques Bessenger), a man trying to juggle both of the above as well as a relationship with a co-worker that threatens his marriage. Bonus features: There’s an interesting behind the scenes documentary with insightful interviews by the cast, director and creative team that captures the essence of the passion that was poured into making the film. Read an interview with Storyteller and Storymaker Brett Michael Innes
Spotlight serves as a shining example of what professional, top-flight journalists can accomplish. It tells the astonishing true story of the Boston Globe’s Pulitzer Prize-winning “Spotlight” team of investigative journalists, who in 2002 shock the city and the world by exposing the Catholic Church’s systematic cover-up of widespread pedophilia perpetrated by more than 70 local priests.Written by Tom McCarthy and Josh Singer, and directed by McCarthy, it’s a deeply moving film that sheds light on a world where petrified kids are not ‘’prayed’’ on by priests, but ‘’preyed’’ on by those they respect as mediators of God. Liev Schreiber delivers a commanding performance as the newly appointed editor of The Boston Globe, who arrives from Miami to take charge of the Globe in the summer of 2001, and directs the Spotlight team to follow up on a column about a local priest accused of having sexually abused dozens of young parishioners over the course of 30 years. It’s a magnificent ensemble piece, with equally brilliant performances by Michael Keaton as the Spotlight editor, and Mark Ruffalo, Rachel McAdams and Brian d’Arcy James as reporters and researchers who are fully aware that taking on the Catholic Church in Boston will have major ramifications when they delve more deeply into the case. Bonus Features: Sadly there are no features although the back sleeve of the DVD does advertise some behind the scenes features and interviews. Read more about the film
ROOM Both highly suspenseful and deeply emotional, Room is a unique and touching exploration of the boundless love between a mother and her child. At once a taut narrative of captivity and freedom, an imaginative trip into the wonders of childhood, and a profound portrait of a family’s bonds and fortitude, Room is a beautifully transcendent experience based on the award-winning global bestseller by Emma Donoghue, who wrote the screenplay, based on her original novel. Director Lenny Abrahamson remains faithful to the novel while bringing Jack, Ma and their entirely singular world to heart-pounding and intensely cinematic life. After 5-year- old Jack (Jacob Tremblay) and his Ma (Brie Larson) escape from the solitary, locked, 10”x10” room that Jack has known his entire life, the boy makes a thrilling discovery: the outside world. As he experiences all the joy, excitement, and fear that this new adventure brings, he holds tight to the one thing that matters most of all—his special bond with his loving and devoted Ma. At once a taut narrative of captivity and freedom, an imaginative trip into the wonders of childhood, and a profound portrait of a family’s bonds and fortitude, Room is a beautifully transcendent experience based on the award-winning global bestseller by Emma Donoghue, who wrote the screenplay, based on her original novel. Read more about the film. There are no bonus features.
SOLACE This intelligent supernatural thriller tells the story of a veteran FBI detective (Jeffrey Dean Morgan) and his younger ambitious partner (Abbie Cornish) who enlist the help of a reclusive, retired civilian analyst, Dr. John Clancy (Anthony Hopkins) to help solve a series of bizarre murders. When Clancy’s exceptional intuitive powers, which come in the form of vivid and disturbing visions, put him on the trail of the killer (Colin Farrell), the doctor soon realizes his gift of second sight is little match against the extraordinary powers of this elusive murderer on a mission. “The story and characters in Solace were unique,” said Flynn, who has produced more than 30 films including the critically acclaimed Choke, Requiem for a Dream and Tigerland and blockbusters such as Journey to the Center of the Earth, Journey 2: The Mysterious Island, and Hercules. Read more about the film. There are no bonus features.
STATE OF THE NATION If you are a fan of spicy and racy stand-up-comedy and Loyiso Goya, you will enjoy Goya’s third comedy special that was filmed in front of a live audience in Cape Town’s Grand West Casino. His no holds barred musings takes us through issues that include the Oscar Pretorius trials, the differences that separate and divide the Rainbow Nation, and politicians.
THE 5TH WAVE In this alien invasion film about the breakup of one family, four waves of increasingly deadly attacks have left most of Earth decimated. Against a backdrop of fear and distrust, Cassie (Chloë Grace Moretz) is on the run, desperately trying to save her younger brother Sammy. As she prepares for the inevitable and lethal 5th wave, Cassie teams up with a young man who may become her final hope – if she can only trust him. Directed by J Blakeson, with a screenplay by Susannah Grant and Akiva Goldsman & Jeff Pinkner, the film is based on the novel by Rick Yancey. Read more about the film. Bonus features: There are some exciting features that include a interesting journey behind the scenes and how the film was made, young Zackary Arthur (who plays Sammy) talking to the creative team about what their job on the film was, and there’s an audio commentary with director J. Blakeson and actress Chloë Grace Moretz.
Win a Vir Altyd DVD
The delightful Vir Altyd (Forever) is a romantic adventure movie that is guaranteed to wow audiences and is an honest and sincere journey into the hearts and souls of two young lovers on the rollercoaster of love and life, it’s a heartfelt film about love and how Cupid’s arrows pierces the hearts of those who want to love but are hopelessly lost on their search for meaning and understanding, and revered conquerors of love celebrating its joy and anguish. Botha and Roberts wrote and co-produced Vir Altyd with Danie Bester, whose Johannesburg-based company, The Film Factory produced three of the top six highest grossing Afrikaans feature films at the South African box office: the very successful teen comedy trilogy Bakgat!, Bakgat! 2 and Bakgat! 3; box office hits Ballade vir ’n Enkeling, Wolwedans in die Skemer, Hoofmeisie and Pad na Jou Hart; as well as the critically acclaimed Roepman and Verraaiers. Read an exclusive interview with darling superstars of the local film and TV industry, Ivan Botha and Donnalee Roberts, who charmed filmgoers in Pad Na You Hart, and sizzle in their latest charmer Vir Altyd (Forever) which they wrote and co-produced. Features: You can view the film in Afrikaans (with the choice of English subtitles), or in English with Afrikaans subtitles. You can also take a look at how the film was made and reached the big screen, as well as a look at the characters of two couple that influences the choices the young lovers make.
If you want to win a VIR ALTYD DVD, tell us who wrote the screenplay and your answer and contact details to us before June 30. Enter the competition.
Trumbo, Last Witch Hunter and Elsa & Fred now available on DVD
2 June 2016 by Daniel Dercksen·Comments Off on Trumbo, Last Witch Hunter and Elsa & Fred now available on DVD
Add some Fantasy, Romance and Drama To Your Collection!
TRUMBO A vibrant film about a very serious subject, the right to free speech! In 1947, Dalton Trumbo was Hollywood’s top screenwriter, until he and other artists were jailed and blacklisted for their political beliefs. The film Trumbo recounts how Dalton (Bryan Cranston in top form) used words and wit to win two Academy Awards and expose the absurdity and injustice under the blacklist, which entangled everyone from gossip columnist Hedda Hopper (equally brilliant Helen Mirren) to John Wayne, Kirk Douglas and Otto Preminger. The film is directed by Jay Roach, the winner of four Emmys, a Golden Globe and a Peabody Award, who is best known for directing such comedy classics as the Austin Powers trilogy, Meet the Parents, Meet the Fockers and The Campaign. The screenplays was written by John Mcnamara (Writer, Producer) is a writer, producer, showrunner and television creator. Screenwriter John McNamara first heard the story of Dalton Trumbo when he was studying screenwriting under formerly blacklisted scribes Ring Lardner Jr., Waldo Salt and Trumbo supporter Ian McClellan Hunter. Unfortunately there are no bonus features. Read more about Trumbo
THE LAST WITCH HUNTER An epic battle that will determine the survival of the human race in this mind-blowing fantasy adventure! A gorgeously rendered, explosively physical and thoroughly original fantasy adventure, The Last Witch Hunter propels audiences into a complex mythological universe packed with shocking violence, unthinkable treachery and unforgettable characters. Set in a world never before seen by on screen, the story spans over 800 years of one man’s quest to keep at bay an army of vicious supernatural creatures determined to wipe out humanity.Global action hero Vin Diesel produces and stars as Kaulder, the centuries-old guardian of the human world who has lost his family, friends and perhaps even his hope in the battle against the dark forces. In The Last Witch Hunter the modern world holds many secrets, but the most astounding secret of all is that witches still live amongst us, vicious supernatural creatures intent on unleashing the Black Death upon the world. Armies of witch hunters battled the unnatural enemy across the globe for centuries, including Kaulder, a valiant warrior who managed to slay the all-powerful Witch Queen decimating her followers in the process. In the moments right before her death, the Queen curses Kaulder with immortality, forever separating him from his beloved wife and daughter in the afterlife. Today Kaulder is the only one of his kind remaining, and he has spent centuries hunting down rogue witches, all the while yearning for his long-lost loved ones. However, unbeknownst to Kaulder, the Witch Queen is resurrected and seeks revenge on her killer, causing an epic battle that will determine the survival of the human race. The inspiration for Kaulder and his story came from Diesel’s days as an avid gamer—particularly his more than 20-year fascination with the popular fantasy role-playing game Dungeons and Dragons. There are no bonus features on the DVD release. Read more about The Last Witch Hunter.
ELSA & FRED In New Orleans, a feisty retiree (Shirley MacLaine) and her new neighbor, an uptight widower (Christopher Plummer), discover that it’s never too late for true love and romance. It’s a nostalgic trip down memory lane about two people who, at the end of the road, discover that it is never too late to love and make dreams come true. Elsa has lived the past 60 years dreaming of a moment that Fellini envisaged: the scene in La Dolce Vita at the Trevi fountain in Rome. The same scene without Anita Ekberg in it, but with Elsa instead. Without Marcello Mastroiani but with that love that took so long to arrive. Fred is a bit younger than Elsa and has always been a good man who did everything he was supposed to do. After losing his wife, he feels disturbed and confused and his daughter (Marcia Gay Harden) decides it would be best if he moves into a smaller apartment where everything changes when he meets Elsa. It’s a delightful, feel-good, battle-of-the-sexes story for anyone who has ever yearned for ultimate romance and happiness. There are no bonus features.
10 May 2016 by Daniel Dercksen·Comments Off on Great new titles on DVD
Home Entertainment at its most entertaining!
CAROL Love is larger than life in Carol, Todd Haynes’ masterful poetic ode to passion, a sumptuous adaptation of Patricia Highsmith’s seminal novel The Price of Salt, following two women from very different backgrounds who find themselves in an unexpected love affair in 1950s New York. Carol poignantly reveals how dangerous it can be to love for real and break the moral code.Love is splendid and beautiful and deserves to be celebrated with honour and dignity, no matter how impossible the quest.Haynes’ lingering haunting images beautifully captures the essence of true love, with Rooney Mara absolutely radiant in her heartfelt performance as the beguiling 20-year-old Therese Belivet, a clerk working in a Manhattan department store and dreaming of a more fulfilling life when she meets Carol (a mesmerising Cate Blanchett), an alluring woman trapped in a loveless, convenient marriage. As an immediate connection sparks between them, the innocence of their first encounter dims and their connection deepens. While Carol breaks free from the confines of marriage, her husband (Kyle Chandler) begins to question her competence as a mother as her involvement with Therese and close relationship with her best friend Abby (Sarah Paulson) come to light. Carol is directed by Todd Haynes and written by Phyllis Nagy with moving performances from Cate Blanchett, Rooney Mara, Sarah Paulson, Kyle Chandler, Jake Lacy and Cory Michael Smith.
Win a Carol DVD!
If you want to add this must-have DVD to your collection, tell us who wrote the screenplay and send us your name and contact details before May 31, 2016
MURDER OF A CAT Here’s a murder mystery you will never forget! When Clinton (Fran Kranz) finds his beloved cat dead in front of his house he sets out to find the murderer, even though everybody else could care less. His investigation leads to Greta (Nikki Reed), a woman whose cat was also killed, because they’ve been sharing the same cat. Finding out that his cat was living a double life is only the first sign of trouble for Clinton, as his search for his cat’s killer reveals a massive crime ring operating out of the local megastore.
Fran Kranz is great as Clinton, the immature adult who hates the local megastore owner Ford (Greg Kinnear) because he blames him for the loss of his comic book store. When his cat winds up killed by a bolt from a crossbow, he heads to the store to find out who bought a crossbow in their town. Equally wonderful is J.K. Simmons as the local Sheriff, and the one person who tries to help Clinton and Greta, even though he’s not really interested in anything that they’re doing. Murder of a Cat is solid work from first time feature director Gillian Greene and writers Christian Magalhaes and Robert Snow. Watch the trailer.
THE LADY IN THE VAN Starring the legendary Maggie Smith, The Lady In The Van is based on Alan Bennett’s autobiographical play of the same name. It tells the true story of his strained friendship with the singular Miss Mary Shepherd (Maggie Smith), a dotty and stubborn former nun, and now a transient woman of uncertain origins living in her car. They form an unexpected bond after Shepherd ‘temporarily’ parks her van in Bennett’s London driveway and proceeds to live there for 15 years. Alex Jennings is equally brilliant as playwright Alan Bennett.
THE HATEFUL EIGHT Quentin Tarantino’s eighth film, The Hateful Eight is set post- Civil War; and starts with a stagecoach hurtling through a Blizzard in Wyoming. Bounty hunter John Ruth and his fugitive captive Daisy Domergue race towards the town of Red Rock, where Ruth will bring Daisy to justice. Along the road, they encounter Major Marquis Warren (an infamous bounty hunter) and Chris Mannix (a man who claims to be Red Rock’s new sheriff). Lost in a blizzard, they seek refuge at Minnie’s Haberdashery. When they arrive they are greeted by unfamiliar faces: Bob, who claims to be taking care of the place while Minnie is gone; Oswaldo Mobray, the hangman of Red Rock; Joe Gage, a cow puncher; and confederate general Sanford Smithers. As the storm overtakes the mountainside, the eight travellers come to learn that they might not make it to Red Rock after all… Age restriction: 18 LPV
THE LOFT Erik Van Looy updates his own Belgian thriller The Loft and gives us a captivating Hitchcockian thriller that will keep you glued to your seat. For five men (Karl Urban, James Marsden, Wentworth Miller, Eric Stonestreet, Matthias Schoenaerts), the opportunity to share a penthouse in the city — in which to carry on extramarital affairs — is a dream come true, until the dead body of an unknown woman turns up. When they discover the body of a beautiful woman dead and cuffed on the bed in the loft, they have a mystery on their hands to find out who is the responsible.Realizing that her killer must be one of their group, the men are gripped by paranoia as each one suspects another. Friendships are tested, loyalties are questioned, and marriages crumble while fear and suspicion run rampant. Age restriction: 16 DLSV
CONCUSSION While conducting an autopsy on former NFL football player Mike Webster (David Morse), forensic pathologist Dr. Bennet Omalu (Will Smith) discovers neurological deterioration that is similar to Alzheimer’s disease. Omalu names the disorder chronic traumatic encephalopathy and publishes his findings in a medical journal. As other athletes face the same diagnosis, the crusading doctor embarks on a mission to raise public awareness about the dangers of football-related head trauma.Inspired by true life events, Concussion tells a compelling story about Omalu’s race against time to publicize CTE (chronic traumatic encephalopathy), a football-related brain trauma. Omalu’s emotional quest puts him at dangerous odds with one of the most powerful institutions in the world. Age restriction: 7-9 LPG
THE GIFT The Gift is a heart-stopping, thought-provoking psychological thriller from producers Jason Blum and Rebecca Yeldham and actor, writer, producer and first-time director Joel Edgerton (The Great Gatsby, Zero Dark Thirty, Warrior), that asks the question: What if someone you wronged long ago reemerged in your life through a chance encounter?When married couple Simon (Jason Bateman) and Robyn (Rebecca Hall) unexpectedly encounter Gordo (Joel Edgerton), an acquaintance from Simon’s past, little do they know that their perfect lives will be thrown into a terrifying tailspin. At first, Simon doesn’t recognize Gordo, but after a troubling series of uninvited encounters and mysterious gifts, a horrifying secret emerges. As Robyn learns what really happened between Simon and Gordo, she begins to question how well she knows her spouse.
BEFORE WE GO A chance encounter between two strangers (Chris Evans, Alice Eve) in Grand Central Terminal sparks a life-changing, nighttime sojourn through New York City. Starring Chris Evans, Before We Go, tells the story of a woman who misses the 1:30 train from New York to Boston and the street musician who spends the night trying to help her make it home before her husband does. Throughout the night they learn about one another and even find romance.
THE NIGHT BEFORE As their annual reunion tradition comes to an end, three lifelong friends (Joseph Gordon-Levitt, Seth Rogen, Anthony Mackie) plan a night of debauchery and hilarity by searching for the Nutcracka Ball, the Holy Grail of Christmas parties in New York.For the last 10 years, lifelong buddies Ethan (Joseph Gordon-Levitt), Isaac (Seth Rogen) and Chris (Anthony Mackie) have gathered on Christmas Eve to celebrate the holidays with a bang. As Isaac prepares to become a first-time father, the friends realize that their annual tradition is coming to a sad end. To make it as memorable as possible, they plan a night of debauchery and hilarity by searching for the Nutcracka Ball, the Holy Grail of Christmas parties in New York. Read more. Age restriction: 16 DLN
SINISTER 2 Following the events from the first film, a different family; a mother and her 2 sons move into a rural house that’s marked for death. When the deputy from the first film learns that this family is next in line to fall to the demon Bhughul, he races before time to stop it and save them from the same fate.Hiding from her abusive, estranged husband, Courtney Collins lives in a rural house with her 9-year-old twins, Dylan and Zach. Young Dylan receives nightly visits from ghoulish kids who show him disturbing images of families being slaughtered. It’s all part of the grand plan of Bughuul, the evil spirit who recruits innocent children to murder their loved ones. The only hope for his intended new victims may be a former deputy who’s familiar with Bughuul’s fiendish work from the past. Age restriction: 16 HLV
SECRET IN THEIR EYES Rising FBI investigators Ray (Chiwetel Ejiofor) and Jess (Julia Roberts), along with Claire (Nicole Kidman), their district-attorney supervisor, are suddenly torn apart following the brutal murder of Jess’ teenage daughter. Thirteen years later, after obsessively searching for the elusive killer, Ray uncovers a new lead that he is certain can permanently resolve the case and bring long-desired closure to the team. But no one is prepared for the shocking and unspeakable secret that follows.
The much anticipated documentary The Boers At The End Of The Earth now on DVD
25 April 2016 by Daniel Dercksen·Comments Off on The much anticipated documentary The Boers At The End Of The Earth now on DVD
In a remote stretch of Patagonia, Argentina, there is a 100-year-old community that speaks Afrikaans – a language only spoken in South Africa.
In a remote stretch of Patagonia, Argentina, there is a 100-year-old community that speaks Afrikaans – a language only spoken in South Africa. It’s such an incongruous language in this area that it would be like finding a community of Icelanders in the Australian outback.
The superb documentary Die Boere op die Aardsdrempel/ The Boers At The End Of The Earth unraveling the facts behind this geographical anomaly reveals a story of pioneers who ventured far from home…
In southern Africa, after the destruction of their farms caused by a war with the British, the Boers (“farmers”) – descendants of Dutch settlers from the 1600’s – sailed across the Atlantic to start a new life in freedom in 1902. The Boers headed into the arid heart of Patagonia where they found a land that reminded them of their distant home.
Today, their children and grandchildren still endure in this harsh place. They speak archaic Afrikaans, cook traditional foods and sing the old folk songs. But despite their fierce pride in their roots, their culture has been eroded over time and only a few dozen of the oldest individuals still speak their mother tongue. They struggle to keep their culture alive but are resigned to the knowledge that they are the last generation to speak the language in the region, and they will be gone in a decade or two. It is a parallel world of contemporary Afrikaans society, separate from the Apartheid policies that intervened in South Africa, giving a unique glimpse into what might have been.
The film focuses on a family, the Dickasons, who long to reconnect with their relatives. They travel back to Africa for the first time, exploring their sense of identity and connection with their roots, and experiencing emotional reunions with family from whom they have been separated by decades and oceans. Their ideas of home, culture and belonging will never be the same.
The bonus features include subtitle in Afrikaans and English, deleted scenes and a behind-the-scenes feature.
2 April 2016 by Daniel Dercksen·Comments Off on New DVDs
Some Great Titles To Add To Your Collection!
Saoirise Ronan and Emory Cohen
Add some romance to your collection with John Connelly’s well-crafted and feel-good Brooklyn, with great performances from Saoirise Ronan and Emory Cohen as two young people who meets by accident in Brooklyn in the 50s. Ronan plays an Irish girl who is lured the the U.S.A to explore the American Dream but soon finds that she must not only choose between two countries, but between two lovers.
Kristen Wiig as Charlotte Goetze, Bel Powley as Minnie Goetze and Alexander Skarsgard as Monroe – Photo Credit: Sony Pictures Classics
The Diary Of A Teenage Girl is set in San Francisco in 1976 and takes us into the life of a teenager (Bel Powley) who grows up at the crossroads of the fading hippie movement and the dawn of punk rock. Like most teenage girls, she longs for love, acceptance, understanding and a sense of purpose in the world. Living with a wacky mother (Kristen Wig), does not make it easier for her, but when her mom’s super-sexy boyfriend (Alexander Skarsgård) appears on the scene, life becomes much more interesting. What follows is a sharp, funny and provocative exploration of a girl’s sexual and artistic awakening. Bonus Features: Take a look at how the film was created, there’s Q & A with Bel Powley, Alexander Skarsgård and director Marielle Heller at the LA Film Festival, and an audio commentary with Heller and her cast.
In the South African film The Jakes Are Missing an unhappily married woman (Mampho Brescia) has been struggling with her marriage to her husband Donald (Pope Jerrod) and finds herself at a crossroad wanting to leave. Donald is so occupied at work that he doesn’t notice his wife’s disposition. When their son (Mpho Sebeng), who is obsessed with music, sneaks out to a concert that could change his career, it changes his life when he becomes a witness to a murder. To escape the wrath of criminals, the Jakes family are forced to pack their bags and move to a secret location where they meet the funniest people, fall in love and find their roots all over again. Read an interview with writer-producer Bianca Isaac.
Deon Lotz and Deirdre Wolhuter
Explore the zany world of a crazy South African family in the writer-director Koos Roets madcap ‘n Paw Paw Vir My Darling that takes place in post-1994 South Africa and takes a look a family’s desperate and sometimes hilarious attempts at surviving. Based on Jean Goosen’s bestseller, the story is told from the point of view of Tsjaka, the family dog (voiced by Tobie Cronje), a pavement special who witnesses the family members struggling to adapt to their circumstances and to maintain peace within themselves, their neighbours, and the authorities. The cast and great and it offers entertaining escapism. Read an interview with Koos Roets. Read the review. Bonus features: A behind the scenes feature and music video.
In Grandma Lily Tomlin is terrific as a feisty Grandmother, who is trying to cope with breaking up with her girlfriend when her granddaughter Sage (Julia Garner) shows up needing money for an abortion. Temporarily broke, Grandma Elle and Sage spend the day trying to get their hands on cash as their unannounced visits to old friends and flames end up rattling skeletons and digging up secrets. It offers fun and lighthearted entertainment that is amusing and poignantly shines a light on the lives of women from two distinct generations. Read an interview with writer-director Paul Weitz. Bonus Features: Audio commentary with Lily Tomlin, Sam Elliott, Julia Garner and director Weitz, as well as a Q and A with Lily Tomlin, Sam Elliott and Weitz.
From the award-winning creators of Fireproof and Courageous comes the inspirational War Room, a compelling and heartfelt human drama that tells of a married couple who have everything. But appearances can be deceiving, and as their world crumbles under the strain of a failing marriage, their lives take an unexpected turn the wife is challenged to establish a ‘war room’, and a battle plan of prayer for her family. Bonus Features: Audio commentary with director Alex Kendrick and producer Stephen Kendrick, deleted scenes, and features on ”War Room in 60 Seconds”, ”The Heart of War Room”, ”A Pastor’s Call To Prayer”, ”Investing In The Next Generation”, ”The Church On Its Knees” and a look into how the film was made.
If you are looking for some thrills, Arnold Schwarzenegger plays a small-town farmer who will stop at nothing when he discovers that his daughter (Abigail Breslin) is infected with a virus that transforms her into a zombie. and excitement, In Maggie.
Owen Wilson plays man who finds an opportunity to relocate with his family to Southeast Asia, and when they get trapped in the middle of a violent rebellion that erupts, he finds that there’s No Escape and teams up with a mysterious British tourist (Pierce Brosnan), who must help him to get his family to safety; in the action-packed Captive death and despair intersect when a man who is on the run from the police (David Oyelowo) meets up with recovering drug addict (Kate Mara) who is anxious to re-unite with her daughter – the special features on Captive include a look at how the film was made, as well as as a doccie on ”Faith and Purpose’.’
In Elimination Game, Dominic Purcell plays a disgraced Navy SEAL who is sentenced to rot in a maximum security military prison until he is offered to put his life on line to win his freedom. A one-man force of nature, he will have to take -on and take-down some of the world’s most ruthless killers in some of the world’s most brutal locations to win the game, obtain his freedom, and find out why he was set up. It’s a race of life and death as he tries to accomplish his task before Game On is Game Over!
In the dance drama Breaking Through a talented young dancer (Sophia Aguar) is discovered on You Tube and gets thrust into the modern world of internet celebrity and culture where she must find a way to balance her true identity with her online persona, or risk losing everything she care about.
For the kids, there’s Open Season: Scared Silly. Boog and Elliot are back in an all-new funtastic adventure. When Elliot tells a campfire story of a monster in the woods, Boog – who has never been the bravest of bears – becomes very scared. His best friend Eliot comes up with a crazy plan to scare the fear out of Boog! With the help of Mr. Weenie, McSquizzy and all your favourite forest friends, they venture on an hilarious journey where the power of friendship helps Boog to overcome his fears with lots of laughs and some surprises along the way. Bonus features: There’s a fun audio commentary with director David Feiss and writer Carlos Kotkin, a super speedy recap, and a profile on David Feiss.
In Pups and the Pirate Treasure there are six PAW Patrol adventures: Pups and the Pirate Treasure, Pups and the Ghost Pirate, Pups save the Bay, Pups save a Goodway, Pups save a Pool Day and Circus Pup-performers! Join the pups as they discover a secret pirate cave and emBARK on a treasure hunt! They also stop a ghostly pirate ship from sailing away and dive into the bay for more PAWsome water rescues. The DVD also features the video storybook Pup. Pup and Away!
New On DVD: Pawn Sacrifice
12 March 2016 by Daniel Dercksen·Comments Off on New On DVD: Pawn Sacrifice
A David and Goliath Story With The Chess Board As Warzone
Pawn Sacrifice is one DVD that should be added to your collection. It’s a tense and gripping drama that focuses the spotlight on American chess phenomenon Bobby Fischer (Tobey Maguire), who squares off against his Russian rival Boris Spassky (Liev Schreiber) in the 1972 “Match of the Century” in Reykjavik, directed by Edward Zwick (Glory) from a crackling screenplay by Steven Knight (Eastern Promises, Locke).
Liev Schreiber as Boris Spassky and Tobey Maguire as Bobby Fischer in the riveting Pawn Sacrifice
You don’t have to be a master at chess, or know anything about the game to enjoy it; it’s a brilliant human drama that probes the psyche of a genius who found it difficult to come to terms with his talent and rebelled against the world which he believed was filled with conspirators prying on him.
From Page To Screen: Adapting Pawn Sacrifice
29 February 2016 by Daniel Dercksen·Comments Off on New DVD Releases
Add These New Titles To Your Collection.
Abraham Will Break Your Heart
If there’s one film that will change your views about local film making, it’s the unforgettable Abraham from legendary South African filmmaker Jans Rautenbach,. It tells the tale of Abraham, a consummate artist from Kannaland in the early 1980’s. A dedicated husband and father who struggles to provide for his young wife Katie and their four year old daughter. But through his creative determination he finds loyal patronage in Jong Jans and his wife, Almeri. Abraham and Katie settle into their new home working for the Jans’s but Katie’s battles with mental illness and alcoholism infringe on their new found happiness. Read the review. It has an age restriction of 10-12 PGDL
Vampires On The Run
From Neil Jordon (The Crying Game), comes the Irish horror fantasy thriller Byzantium about a mother and daughter vampire duo on the run from other vampires. When these two mysterious women seek refuge in a run-down coastal resort, Clara (Gemma Arterton) meets Noel, who provides shelter for them in his deserted guesthouse, Byzantium. Young Eleanor (Saoirse Ronan, recently seen in Brooklyn) befriends Frank (Jonny Lee Miller) and tells him their lethal secret – they are 200 years old and survive on human blood. Their past starts to catch up on them with deathly consequences as their secret spreads. If you are familiar with Neil Jordon’s sense for horror and the bizarre with films like The Company Of Wolves, this will provide ample thrills. It has an age restriction of 16 HLV
Marriage On The Rocks
On the local front The Jakes Are Missing is a romantic comedy that deals with a couple whose wedded bliss is not what it use to be. Even with all the riches in the world they are still unhappy in love. At a crossroads, Janice is unsure of what she wants to do with her life and relationship, whilst her husband has been so obsessed with work he hasn’t noticed his wife’s despair. Their son Simon is infatuated with music but his parents do not approve of his musical interest. One night, Simon sneaks out to a music event which changes his life’s course as he becomes the key witness to a murder and escapes the crime scene with the one thing the criminals are willing to kill for. Read an interview with producer Bianca Isaac. It has an age restriction of 7-9PG
Walk Your Dream
The Walk is an absolutely gripping film from director Robert Zemeckis (who gave us Forest Gump and What Lies Beneath) and tells extraordinary true story of a young French high-wire artist Philippe Petit, and a band of unlikely recruits who together achieved the impossible: an illegal high-wire walk across the immense void between the World Trade Centre towers in 1974. With little more than nerve and blind ambition, Petit and his crew overcome daunting physical obstacles, betrayals, countless close calls and overwhelming odds to beat the system and execute their mad plan. Read the review. Go behind the scenes of how the film was made. This release has an age restriction of 10-12 PG
Teenage Girl In Search Of Love And Purpose
Kristen Wiig as Charlotte Goetze, Bel Powley as Minnie Goetze and Alexander Skarsgard as Monroe
In the provacative and alluring The Diary Of A Teenage Girl, Minnie Goetze is just like most teenage girls, longing for love and a sense of purpose in the world until she finds it in the most unlikely of places: in the arms of her mother’s boyfriend! Set in San Francisco in the 1970s, the young vixen starts a complex love affair with her mother’s boyfriend, “the handsomest man in the world.” What follows thereafter is a sharp, funny and titillating account of her sexual and artistic awakening, without judgment. It has an age srestriction of 18 DLNS
The High And Lows Of Gambling.
In Mississippi Grind, Ben Mendelsohn plays a wisecrack and talented poker player Gerry who is about to be overtaken by his gambling habit and debts. His luck starts to change after he meets the young, charismatic Curtis (played by Ryan Reynolds). Gerry convinces Curtis to hit the road with him, towards a legendary high stakes poker game in New Orleans. The highs and lows the duo experience unveil their true characters, and they form an undeniable bond along the way. It has an age restriction of 13 L
The Kindness Of A Stranger
In Take Care Frannie (Leslie Bibb) returns home bed-ridden after being hit by a car in need of help. After being brushed off by her sister, best friend, and neighbour, she is left with only one option: to force her reluctant and bitter ex-boyfriend (Thomas Sadoski) to care for her. Wrestling with old wounds, his jealous fiancé and disapproving friends they quickly realise that her injuries are just the beginning of their problems. This romantic comedy has an age restriction of 13 L
Freedom Killers
In the action thriller Elimination Game Dominic Purcell plays a disgraced Navy SEAL who is sentenced to life in a maximum security military prison in the wake of a shocking civilian massacre in a foreign war zone. When he is offered the opportunity to put his life on the line to win his freedom Tyler will have to take-down some of the world’s most ruthless killers in some of the most brutal locations to win the game, obtain his freedom and find out why he was set up. The question is, can he accomplish all of this before Game On is Game Over? It has an age restriction of 16 LV
War Room follows Tony and Elizabeth Jordan, who on the surface seem to have it all – great jobs, a beautiful daughter and a dream home. In reality, their marriage has become a war zone and their daughter is being used as collateral damage. With guidance from Miss Clara, an older woman, Elizabeth discovers she can start fighting for her family instead of against them. As the power of prayer starts to transform her life, will Tony join the fight and become the man he knows he needs to be? Together, their real enemy doesn’t have a prayer against their faith.
An Ultimate Challenge
Robert Redford plays celebrated travel writer in A Walk In The Woods, who challenges himself to hike the Appalachian Trail instead of retiring to enjoy his beautiful wife, and family. The Appalachian Trail is 2,200 miles of America’s most unspoiled, spectacular and rugged countryside from Georgia to Maine. However, the peace and tranquillity he hopes to find, escapes him once he agrees to being accompanied by his long lost and former friend Katz, a down-on-his-luck serial philanderer who, after a lifetime of relying on his charm and wits to keep one step ahead of the law – sees the trip as a way to sneak out of paying some debts and sneak into one last adventure before it’s too late. Also starring Nick Nolte and Emma Thompson. This romantic adventure has a 10-12 PGLS age restriction.
Hope Transforms Lives
In the drama Where Hope Grows a baseball player whose professional career was cut short due to personal problems is awakened and invigorated by a young-man with Down syndrome who works at his local grocery store. Through his new-found friendship he learns about himself and finds new hope.
Imaginary Demons Raise Hell
In Goosebumps a teenager teams up with the daughter of young adult horror author R. L. Stine after the writer’s imaginary demons are set free on the town of Madison, Delaware. Starring Jack Black. This wacky thriller has an age restriction of 10-12 PGH
Thrilling new DVDs for February
1 February 2016 by Daniel Dercksen·Comments Off on Thrilling new DVDs for February
A great feast of Home Entertainment for all tastes
LIFE If ever you wanted to spend a week with James Dean, the superb Life is an outstanding film that transports us to New York of the 50s when Dean was at the beginning of his career. Inspired by the true story of a friendship that developed between Magnum photographer Dennis Stock (Robert Pattinson) and actor James Dean (Dane DeHaan) when Stock was commissioned to photograph the actor for LIFE magazine in 1955, Australian screenwriter Luke Davies’s heartfelt screenplay is strikingly brought to life by director Anton Corbijn (A Most Wanted Man). Pattinson and DeHaan are perfectly cast and embody the true spirit of their characters, with and equally brilliant performances by Ben Kingsley as the enigmatic producer Jack Warner and Joel Edgerton (The Great Gatsby, Warrior) as John Morris. The film is not just a biopic about Dean’s life, but the heart-warming story of a photographer who desperately wanted to capture the soul of a fledgling star and free spirit who would change popular culture from suits to jeans and from matinee idols to teenage heartthrob.Life is an ideal film for anyone who has a love affair with movies, and also a film for discerning audiences looking for a film that captures the essence of true friendship and how strange encounters can alter our lives.
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BURNT Bradley Cooper delivers another great performance as an impassioned Chef in search of perfection and understanding. He plays a celebrity chef who had it all and lost it. As a two-star Michelin rockstar with the bad habits to match, the former enfant terrible of the Paris restaurant scene did everything different every time out, and only ever cared about the thrill of creating explosions of taste. To land his own kitchen and that third elusive Michelin star though, he’ll need the best of the best on his side, including the beautiful Helen (Sienna Miller). Daniel Brühl is superb as Adam’s former maître d’hôtel, who now manages his father’s hotel and gives Adam a second chance. Burnt is a remarkably funny and emotional story about the love of food, the love between two people, and the power of second chances.
THE HOMESMAN A gritty western produced and directed by Tommy Lee Jones and co-written with Kieran Fitzgerald and Wesley Oliver, based on the 1988 novel of the same name by Glendon Swarthout. It tells the alarming story of three women (Grace Gummer, Miranda Otto, Sonja Richter) living on the edge of the American frontier who are driven mad by harsh pioneer life and are saved by the pious, independent-minded Mary Bee Cuddy (a superb performance by Hilary Swank). Transporting the women by covered wagon to Iowa, she soon realizes just how daunting the journey will be, and employs a low-life drifter, George Briggs (an equally superb performance by Tommy Lee Jones), to join her. The unlikely pair and the three women head east, where a waiting minister and his wife (Meryl Streep). James Spader makes a great cameo appearance as an arrogant Hotel owner who refuses to give them a place to overnight. The title refers to the task of taking immigrants back home, which was typically a man’s job to carry out.
DARK PLACES Heart-breaking secrets are uncovered in this haunting thriller that shines a hopeful light on the human condition and broken lives. Adapted from Gillian’s Flynn’s 2009 novel that that preceded her breakout hit Gone Girl, it features Charlize Theron immersing herself heart and soul in the character of a Libby Day, a woman whose entire life is based on a lie.The tragic circumstances that shaped Day’s existence and turned her into a ‘celebrity’ occurred on a farm in Kansas, where she was the only surviving witness of a horrific massacre that took the lives of her mother and sisters. Believing the slaughter to be the work of a Satanic cult, she testified in court against her own brother and almost thirty years after the murder, she remains haunted by the gruesome violence of her past. Her funds run out and in a desperate attempt to get money she meets the leader of a group of amateur true crime enthusiasts (Nicholas Hoult) who call themselves ‘The Kill Club’, and is persuaded to unearth painful memories and possibly prove her brother’s innocence.Theron plays another wounded character in search of redemption, following similar roles in Monster and Mad Max: Fury Road. French director Gilles Paquet-Brenner (who also wrote the screenplay) has created a taut character piece that takes us on a gloomy and gritty journey into the lives of characters that live in the shadows of humanity.
KIDNAPPING OF FREDDY HEINEKEN This thrilling human drama is based on crime journalist Peter R. de Vries’s account of what has been called “the most notorious kidnapping of the 21st Century,” Kidnapping Freddy Heineken explores the abduction of Dutch billionaire brewery magnate Freddy Heineken (Anthony Hopkins) and his chauffeur, Ab Doderer, who were kidnapped in 1983 and held for what was the largest ransom for an individual at the time. It features great performances from Jim Sturgess, Sam Worthington and Ryan Kwanten as the hapless kidnappers who find themselves in a world of snags.
MISS MEADOWS Katie Holmes is fantastic as a prim school teacher Miss Meadows, who is not entirely what she appears. Her well-mannered exterior hides the soul of a vigilante, who takes it upon herself to right the wrongs in this cruel world by whatever means necessary. Complications arise when she becomes romantically entangled with the town sheriff (James Badge Dale) and her steadfast moral compass is thrown off, begging the question: “Who is the real Miss Meadows and what is she hiding?”
CATCH HELL The film follows washed up Hollywood actor Reagan Pearce (RyanPhillippe) who is kidnapped by thugs in Shreveport, Louisiana while on location making a movie. Trapped in a swamp hut, his kidnappers (Russ Russo and Stephen Louis Grush) torture and blackmail him, hijacking his twitter account and threatening to upload compromising material. Accused of sleeping with the wife of one of his kidnappers, Pearce must now face his own demons in order to escape his captors and regain his reputation. How can he escape his predicament? This exciting thriller marks the directorial debut of Philippe, who also wrote the screenplay.
THE GREEN INFERNO New York college student Justine (Lorenza Izzo), a lawyer’s daughter, meets a student activist named Alejandro (Ariel Levy) when he goes on a hunger strike on behalf of underpaid janitors. Smitten, Justine agrees to help Alejandro undertake his next project: to save the Amazon. She soon learns to regret her decision when their plane crashes in the Peruvian jungle and she and the rest of their group are taken captive by a tribe of hungry cannibals. This splatter cannibal horror film was directed by Eli Roth and co-written by Roth and Guillermo Amoedoand was inspired by Italian cannibal films of the late 1970s and early ’80s “cannibal boom,” including Cannibal Holocaust (1980), which features a film-within-a-film titled The Green Inferno. The film was criticized by Survival International, which campaigns for indigenous peoples and indigenous peoples living in voluntary isolation, as reinforcing colonialism and respectively neocolonialism, as well as their stigmas against indigenous peoples, portraying them as savage.
Roth dismissed this argument as unimportant for stopping exploitation: “The idea that a fictional movie about a fictional tribe could somehow hurt indigenous people when gas companies are tearing these villages apart on a daily basis is simply absurd. These companies don’t need an excuse — they have one — the natural resources in the ground. They can window dress things however they like, but nobody will destroy a village because they didn’t like a character in a movie, they’ll do it because they want to get rich by draining what’s under the village. The fear that somehow a movie would give them ammunition to destroy a tribe all sounds like misdirected anger and frustration that the corporations are the ones controlling the fates of these uncontacted tribes.
AMERICAN ULTRA In this fast-paced action comedy, the small-town life of a seemingly hapless and unmotivated stoner[Jesse Eisenberg] with his live-in girlfriend, Phoebe [Kirsten Stewart], is suddenly turned upside down. Unbeknownst to him, Mike is actually a highly trained, lethal sleeper agent created by the CIA, which has just targeted him for termination. As some of the agency’s deadliest assets are unleashed upon his sleepy town, Mike’s sympathetic former handler, Lasseter [Connie Britton], activates his latent skills, turning the mild-mannered slacker into a superhuman killing machine. As Mike’s once-simple life becomes an adrenaline-fueled chase, no one is more surprised than he is to discover his uncanny ability to turn even an ordinary spoon into a weapon of mass destruction. With an obsessed agent [Topher Grace] hot on his heels, the newly reborn super-assassin summons his inner action-hero to try and save himself and the love of his life from complete destruction. The film is directed by Nima Nourizadeh [Project X, Cali] and written by Max Landis [Chronicle, Me Him Her].
THE PERFECT GUY Leah (Sanaa Lathan) is a successful lobbyist in a long-term relationship with Dave (Morris Chesnut). She decides it’s time to take the next step and get married and start a family. When Dave isn’t as sure that he’s ready for that, they split up. After Leah continually bumps into the charming Carter (Michael Ealy), they begin a relationship and she thinks she may have found the perfect guy. But, after a sexually-charged courtship, she sees a violent side of him and ends the relationship. In a jealous rage and fuelled by insane revenge, his heated obsession soon turns her idyllic life into a nightmare she cannot escape from.
HOTEL TRANSYLVANIA 2 In this sequel to, “Hotel Transylvania”, the hotel is now open to human guests. Mavis and Johnny have a baby boy named Dennis whose lack of any vampire abilities worries his grandfather Count Dracula. When they leave for a visit to Johnny’s parents, Dracula calls upon friends Frank, Murray, Wayne, Griffin and Blobbie to assist him in putting Dennis through a ‘monster-in-training’ boot camp. However, when Dracula’s father, Vlad, arrives at the hotel for an impromptu family get-together, Hotel Transylvania is in for a collision of supernatural old-school and modern day cool.
PREMATURE Rob is facing the biggest day of his life yet. He needs to nail his college interview ensuring entrance to his parents’ alma mater, keep his wits about him when life-long crush Angela – nicknamed ‘After School Special’ – finally seems to show interest, and deal with his best friends as realisation dawns that their high school days are ending. As the pressure builds, something strange happens: He finds himself reliving the day’s events over and over again. Is he stuck in a dream? Experiencing déjà vu? Or is Rob having a psychotic break?
Ryan Phillippe talks about directing his first film, Catch Hell, which he wrote and stars in
29 January 2016 by Daniel Dercksen·Comments Off on Ryan Phillippe talks about directing his first film, Catch Hell, which he wrote and stars in
‘’This is my chance to kind of exploit myself!’’
Ryan Phillippe has been acting professionally for over twenty years, and he can now add writer and director to his impressive resume with the thrilling Catch Hell that is available on DVD in South Africa from February 5.
The film follows washed up Hollywood actor Reagan Pearce (Phillippe) who is kidnapped by thugs in Shreveport, Louisiana while on location making a movie. Trapped in a swamp hut, his kidnappers (Russ Russo and Stephen Louis Grush) torture and blackmail him, hijacking his twitter account and threatening to upload compromising material. Accused of sleeping with the wife of one of his kidnappers, Pearce must now face his own demons in order to escape his captors and regain his reputation.
40-year-old Phillippe began his career with roles in such films as Crimson Tide, White Squall, I Know What You Did Last Summer, and 54, but it was his performance in Cruel Intentions that made him a household name.
He went on to appear in a string of critically acclaimed films like Robert Altman’s Gosford Park, Clint Eastwood’s Flags of Our Fathers, and the Academy Award-winning Crash, as well as the box office hit The Lincoln Lawyer, and the cult classic MacGruber.
But now Phillippe makes his directorial debut with the new horror thriller Catch Hell, which he also stars in, co-wrote, and produced, and is released on DVD in South Africa on February 5.
How did you come up with the story for Catch Hell?
I was shooting in Louisiana on a small film called Straight A’s with Anna Paquin. When you go on location you talk to coordinators on the ground but you never see them face-to-face. A lot of times celebrities live with all of these cameras outside their house, security systems, and gates. But on location, you get a call saying hop in this van and you blindly do it. So all of those things that you do to protect yourself, you just let fall by the waste side and just hop into this vehicle with strangers. I was being taken out for a horseback lesson for the movie, and we were driving 40 minutes from my hotel into the woods. I thought, what if they are not who they said they were? The possibility of that in an actor’s experience just grabbed me. I thought this could be a movie! I just kept it feeling like something that could happen. One of the benefits about using myself in that regard instead of someone like Brad Bitt or George Clooney is that it would not be a full on media firestorm, the way it would be if Brad Pitt went missing. That guy who is potentially me, so I could keep it more contained and it could be a smaller story even though it was bigger idea. So I had that original idea and I started thinking about the movie Misery. I started thinking that it has been 20 plus years since that movie was made. We were shooting in Louisiana at that time, so I thought about Deliverance and how that part of the world has so much character. Those were the ingredients.
Why was this the right film for you to make your directorial debut?
This is a film that I thought I could simply sell in one line. Which was: an actor kidnapped by a guy whose wife he had an affair with him. So I felt like it was something that would only cost a modest amount of money, which is why I thought I could make it my first film. It was an idea I thought was easily sellable because it fell within the parameters of a genre movie. I was already using myself as the lead so that accounted for some financing. It also allowed for liberties where I could blend reality and fantasy. I could borrow from myself and make fun of myself. I could use my career and substitute titles for other movies, then reference them in a way. If you don’t know my movies I think it still works, and if you do know my films then it is kind of fun. Ultimately what I wanted to do was make a short story and have it portrayed as a modern Misery. I also wanted to tie it to things that have happened in the press over the last few years, be it the nude photo leaks or the situation Mel Gibson went through where you can see how words attributed to a person can be their undoing. It was kind of like using something that is relatively simple, and then complicating it with this notion of it being the blend of a reality movie. Sort of like a hybrid of a genre film and a reality show. That was experimental about it I guess. If I had my choice, I would have cast Ryan Gosling. I would have not been in front of the camera. I would have just made the movie, but that was never going to happen. So I decided to do double duty and exploit myself, which is another meta-element of the film because the companies we work for exploit all actors in some fashion, and the projects they are involved with. So this is my chance to kind of exploit myself.
Was it difficult for you to direct yourself in the torture sequences?
There was a fair amount of shooting from the hip and trusting those around me. Joe Gossett, who I co-wrote the movie with, was on set all the time. A lot of times I would not even watch playback. I would go based on how I felt about the scene as an actor. We did not have the time to sit there and play. I could not get in and out of the chains over and over again. That would just eat up my production day. I learned this very much from Clint Eastwood in particular because his sets, even when they are big budgets, they operate very efficiently and he does not sit at the monitor and let everybody gather around for playback. He keeps it moving. There are a thousand things I would do differently now, but this is how I had to make this movie. I just kind of had to go for it.
As an actor you’ve worked with some of the greatest directors of all-time including Robert Altman, Ridley Scott, Tony Scott, and as you just mentioned, Clint Eastwood. Were you able to draw on your experiences working with them to help you direct this film?
Yes, a hundred percent. Altman and Eastwood in particular because of the lack yelling on their sets. Everyone feels like they are part of the process. Everyone feels validated. I knew that when I made my first movie, it was important to give the crew and the actors a great experience. As much as we were going to have to run and gun because of our constraints, we were going to enjoy it. We were going to have fun, and we would be laughing. We would finish the days relatively painlessly because people come in with enthusiasm. I took all of those production aspects into account before we even started rolling the camera. I was determined because you never know how something is going to turn out, even when you have the amount of control that I did with this film. I was determined that when I look back on making this film as a director, it would be with fondness. I wanted anybody who was there to feel the same way. I am very proud of the fact that that is the case. I had so many people from the crew tell me this was their favorite job they have ever worked on. I think some of that translates into the movie. As dark and as weird as it is, there is a sense of humor. It does not take itself too seriously. There are hints of camp here and there. It is meant to be fun, even the creepy parts. That is why it ends the way it does with this sort of tongue-in-cheek acknowledgement. It is supposed to be a laugh. It is supposed to be a weird little short story. There also was a choice to kind of expose myself and put myself out there. I liked that.
What did you learn from making Catch Hell that will help you the next time you direct a movie?
The amount that I learned I could write a book about. What I know is most important to me and most exciting to me going forward is that I do not want to star in the next one. I want to be able to have the objectivity and the time to focus solely on the filmmaking. This was a unique film in that way because in order for people to sign off on me as a first-time director, I was limited within certain parameters. The next one that I am going to direct, I will not be starring in and it will not be a genre movie. This was very specific to this idea and to getting the first one done. Showing people that I could come in on time, under budget with their money and that I could tell a story. You have got to start somewhere. I think the scariest and most exciting thing about Catch Hell is people are seeing me do something for the first time if they see this movie. I would not want people to go back and watch my first job as an actor. I think I did a little bit better with my first job as a director. I am kind of nervous about it. I do not know what people’s reactions will be. I think I am very proud of the performances in it. I think Stephen Louis Grush who plays Junior is really incredible and stays with you after the movie. He’s an actor who has never had a lead role in a movie before. There is a lot that I feel like I have to be proud of, even knowing there are a thousand things I would do differently.
You filmed in Shreveport last year. Was Catch Hell what you were worried might happen to you?
To some degree! As an actor you go to location, and you’ve only spoken to people on the phone. You’ve never seen anybody face to face. So I was in Shreveport, and I needed to take horseback riding lessons for the movie. These two guys pick me up at my hotel and drive me about 40 minutes away. I knew I was safe, but as we’re driving into these woods, the plausibility of the whole scenario struck me. At home in LA, you might have video cameras and gates, and some people have guards. But you go on location, and when a van pulls up, you just blindly hop in.
Were those real alligators you got up close and personal with?
We did! Yeah, we had alligators on set—those are not CG. We didn’t have the money for that [laughs]. We did it in 19 days, for under $2 million. There was a little bit of a guerrilla, “let’s go for it and see what happens” mentality.
Reagon Pearce, your character in Catch Hell, has the same publicist as you do in real life.
And my manager, David Schiffer, plays himself too. In no real disguised manner, I’m basically playing myself. Another thread to this movie was the attempt to do something like a reality-genre movie hybrid. I used myself, my career, and there are definitely references made to movies I’ve done under different titles. I just thought that was kind of fun. If I had had a choice I would’ve written this movie around Ryan Gosling and used his movies. But I wasn’t going to get anybody like that [laughs].
8 January 2016 by Daniel Dercksen·Comments Off on What’s New On DVD
MR. HOLMES “One shouldn’t leave this life without a sense of completion,” declares 93-year-old Sherlock Holmes in the absolutely superb Mr.Holmes, a new twist on the world’s most famous detective that is definitely one of the top films of the year. Adapted with verve and vivacity from Mitch Cullin’s novel A Slight Trick of the Mind, this tale of a man in search of his memory gloriously re-unites Ian McKellen with director Bill Condon after their collaboration on the Academy Award-winning Gods and Monsters. McKellen is undoubtedly one of the greatest actors of our time, delivering an endearing and heartfelt performance as Mr. Holmes, perfectly capturing the story of a man who embraces his solitude and firmly believes that fiction is nonsense and that fact is logical. Mr Holmes is set in 1947, following the long-retired Sherlock Holmes living in a Sussex with his housekeeper and rising detective son. Holmes is haunted by a 30-year old case which remains unsolved but with a memory that isn’t what it once was, he can only remember fragments of the case: a confrontation with an angry husband, and a secret bond with his beautiful but unstable wife.
BLACK SEA The gripping deep-sea thriller will keep you on the edge of your seat until the last moment. Nothing beats setting a story in the claustrophobic confines of a submarine, especially if it’s loaded with testosterone ready to explode! It’s one of those marvellous mystery thrillers where you plummet into the darkness of human despair, where flawed characters are pitted against each other and there’s a relentless killer with a taste for blood. If you’re claustrophobic beware, there are moments in Black Sea that you will stop breathing and be swallowed by the suspense. It is also a great human drama with rich characters brought to life by an extraordinary cast. Jude Law is in top form as a working-class ex-Navy man who pulls together a misfit crew to brave the deep and go after a sunken treasure in a German U-boat full of WWII sitting on a bed in the Georgian depths of the Black Sea. It vividly explodes with emotional action under the skilful direction of director Kevin Macdonald, who gave us the Oscar-winning One Day in September, The Last King of Scotland and Touching the Void.
BOYCHOIR A moving drama which tells the story of a troubled young orphan, called Stet, who ends up at a Boy Choir school after the death of his mother. Out of his element, he soon finds himself in a battle of wills against his demanding Choir master, played by Dustin Hoffman. His new teacher recognises his unique talent and pushes him to discover his heart and soul through music. This delightful movie also Kathy Bates and Josh Lucas.
JENNIFER LOPEZ: DANCE AGAIN This documentary offers rare insight into the world of Jennifer Lopez, one of the world’s most well-known entertainers. This documentary combines high-energy performances with a candid look at the demands of balancing her personal and professional life over a defining six-month period. Featuring behind-the-scenes moments capturing the challenges of her first world tour with her two young children, parents and closest friends in tow. Lopez kicked off her tour in South America, and completed the tour in Puerto Rico, the same venue where she held her first concert 11 years earlier.
SELF/ LESS An extremely wealthy man, dying from cancer, undergoes an experimental medical procedure which transfers his consciousness into the body of a healthy young man. Not all is not as it seems when he starts to uncover the mystery of the body’s origin and the organisation that will kill to protect its cause. Starring Ryan Reynolds and Ben Kingsley.
AMY A documentary telling the incredible story of six-time Grammy-winner Amy Winehouse – in her own words. With extensive unseen archive footage, this moving film shines a light on the once-in-a-generation talent. Amy Winehouse instantly captured the world’s attention, and was a pure jazz artist in the most authentic sense and a talent who wrote and sang from the heart, using her musical gifts to analyse her own problems. This biopic’s combination of the raw honesty and incredible talent is unmissable!
RICKY AND THE FLASH Three-time Academy Award® winner Meryl Streep goes electric and takes on a whole new persona in this movie about a hard-rocking singer/guitarist called Ricki. This uplifting comedy- drama sees Streep in the starring role as a guitar heroine who gave up her family in her pursuit of rock-and-roll stardom. Upon hearing of a crisis in her daughter’s life, she returns home to make amends. Streep starts opposite her real-life daughter Mamie Gummer, and Kevin Kline.
LILA AND EVE A female vigilante thriller that’s skilfully elevated by the performances of leads Viola Davis and Jennifer Lopez. After the senseless murder of her son (Aml Ameen), a grief-stricken mother (Davis) joins forces with another woman (Lopez) for vigilante justice.
New releases: December 2015
MAN FROM U.N.C.L.E Take a trip back to the 1960s with The Man from U.N.C.L.E., a stylish take on the hugely popular 60s television series.In Sherlock Holmes (and its sequel) Guy Ritchie brought a fresh perspective to the relationship between legendary sleuth Holmes and his colleague Watson, and now takes the buddy genre to another entertaining level with the exploits of CIA agent Napoleon Solo and KGB agent Illya Kuryakin.Set against the backdrop of the early 1960s at the height of the Cold War, Solo and Kuryakin are forced to put aside long-standing hostilities and team up on a joint mission to stop a mysterious international criminal organisation that is bent on destabilising the fragile balance of power through the proliferation of nuclear weapons and technology.What makes The Man from U.N.C.L.E. work extremely well is the chemistry between Henry Cavill as Solo, the suave-and-savvy American, and Armie Hammer the moody and volatile Russian. The film is a clever exploration of how the United Network Command for Law and Enforcement (U.N.C.L.E.) was formed. “What I remember most about the series was its tone,” Ritchie reflects. “And when the opportunity arose for me to make the movie, that’s what inspired me. The idea of The Man from UNCLE just rang a bell for me. I had an intuitive response to it.” “The reason we were interested in The Man from U.N.C.L.E. initially was because we felt that we occupied a space that no one else was occupying. It felt like what we saw as the golden era of the thriller spy genre, if you will, but with retrospect, we could weed out the chaff and keep the weight in from our perspective. So it feels like it’s a revisionist diversion – what we like to say in a positive sense – of the amalgamation of the early genre. We felt we had a unique voice in that.” Read more
TERMINATOR GENISYS Thirty years after a new cinematic icon named Terminator changed the future of sci-fi films, it’s time to reset the future with Terminator Genisys. Producer David Ellison makes it clear that it is “not a remake, it’s not a reboot, it’s not a sequel – it’s really a reimagining based on the Cameron source material. Viewers don’t have to be familiar with any of the previous films at all – this is definitely a standalone film. But, that being said, for the fans who have seen the first couple of films, there are some great Easter eggs in there. Exploiting the inherent nature of time travel, we go off on a divergent timeline to take these characters that audiences and I grew up with in a completely new direction”. In Terminator Genisys John Connor (Jason Clarke), leader of the human resistance, sends Sgt. Kyle Reese (Jai Courtney) back to 1984 to protect Sarah Connor (Emilia Clarke) and safeguard the future. An unexpected turn of events creates a fractured timeline and Sgt. Reese finds himself in a new and unfamiliar version of the past, where he is faced with unlikely allies, including a new T-800 terminator, the Guardian (Arnold Schwarzenegger), dangerous new enemies, and an unexpected new mission. “This is the largest scale Terminator movie that’s ever been made,” Ellison concludes. “There are bigger action sequences in Genisys than any prior Terminator film. You’re going to see the fully rendered future war, which nobody has ever been able to do yet, and you’re going to see new Terminators that will hopefully have exactly the same impact as when you saw the T-1000 back in 1991. We have set the bar incredibly high, and we’re going for it.” Read more
MAX In this heartwarming family adventure from writer/director Boaz Yakin (Remember the Titans) a precision-trained military dog, Max serves on the frontlines in Afghanistan alongside his handler, U.S. Marine Kyle Wincott. But when things go terribly wrong on maneuvers, Kyle is mortally wounded and Max, traumatized by the loss of his best friend, is unable to remain in service. Sent stateside, the only human he seems willing to connect with is Kyle’s teenage brother, Justin, so Max is saved when he is adopted by Kyle’s family. But Justin has issues of his own, including living up to his father’s expectations, and he isn’t interested in taking responsibility for his brother’s troubled dog. However, Max may be Justin’s only chance to discover what really happened to his brother that day on the front, and with the help of Carmen, a tough-talking young teen who has a way with dogs, Justin begins to appreciate his canine companion.Justin’s growing trust in Max helps the four-legged veteran revert back to his heroic self, and as the pair race to unravel the mystery, they find more excitement—and danger—than they bargained for. But they each might also find an unlikely new best friend…in each other. “Max” stars Josh Wiggins (Hellion) as Justin Wincott, Lauren Graham (TV’s Parenthood) as his mom, Pamela, and Oscar nominee Thomas Haden Church (Sideways) as his dad, Ray.Yakin directed the film from a screenplay he wrote with Sheldon Lettich (“Rambo III,” “Double Impact”). Karen Rosenfelt (“Marley & Me,” the “Twilight” series) and Ken Blancato (“The Book Thief”) produced the film, with Ben Ormand and Yakin serving as executive producers.
VACATION Vacation is a riotous comedy where anything can happen and mostly everything and even more does, taking spending quality time with your family to the extreme.For fans who remember the classic National Lampoon Vacation comedies that first hit the screen over three decades ago, giving audiences lasting memories of the disasters that can befall a family on a cross-country road trip, this new trip introduces us to the next generation of Griswolds, a dysfunctional American family that is disaster in action.If you enjoy comedy that is wild and totally outrageous, where wacky gets new meaning, Vacation is laugh-out-loud silliness that will entertain as much as it will offend and shock. Comedy is definitely in the eye of the beholder and if you find a family leisurely swimming around in human faeces hysterical, a small tractor smashing through a cow side-splitting, or Chris Hemsworth (Thor) prancing around in his underpants sporting an above average erection, then Vacation will most definitely tickle your funny bone.It’s not sophisticated or intelligent humour, but tells it like it is without holding back.In this outing Ed Helms (from The Hangover films) and Christina Applegate (the Anchorman films), takes the family on the road for another ill-fated adventure. Following in his father’s footsteps and hoping for some much-needed family bonding, a grown-up Rusty Griswold surprises his wife, and their two sons with a cross-country trip back to America’s “favourite family fun park,” Walley World. Anything that could possibly go wrong to turn vacation heaven into absolute hell does.Horrible Bosses scribes Jonathan Goldstein and John Francis Daley wrote Vacation, which also marks their feature film directorial debut. Both are die-hard fans of the film franchise, particularly the one that launched it.“We love ‘National Lampoon’s Vacation’; it’s legendary,” Goldstein attests. “We wanted our new take on ‘Vacation’ to work for people who know and love the original, but also for those who may not be familiar with it.” Daley agrees. “It was important for the new movie to be able to stand on its own while still paying respects to its classic predecessor.” Read more
MISSION IMPOSSIBLE – ROGUE NATION Fasten your seatbelts for the five-star Mission: Impossible – Rogue Nation, the explosive fifth instalment in the constantly accelerating action-thriller series that is unquestionably the best action film of the year.It delivers what it promises, and much, much more: daredevil action sequences, action-packed chase sequences, deadly adversaries, ticking time bombs and explosive thrills. It offers the ultimate in entertainment and succeeds on all levels, showcasing the art of filmmaking. It’s a film you have to see to believe fully. Yes, it’s an ultra-spectacular experience that will keep you on the edge of your seat. You will be exhausted after watching the film; it’s a film you experience and totally draws you into the hard core physical action and involves you with its rewarding emotional pay-off.Tom Cruise is back as Ethan Hunt, facing his most blisteringly impossible mission yet, confronting The Syndicate, an impenetrable, exquisitely trained group of renegade spies who have left behind their countries for an agenda all their own – an agenda intent on destabilising the very foundations of civilisation.This time out, Cruise’s iconic character, Ethan Hunt, finds himself in non-stop peril – physical, mental, and emotional – from the film’s literally high-flying opening moments through one relentless situation after another.Hunt’s situation is precarious on every level. The IMF is on the outs, the CIA doesn’t trust him, and now he’s discovered a rogue agency with the spy power to bring down any nation it targets – and they want him to join their crusade of destruction or they want him dead.Reteaming with Cruise as Hunt’s fellow agents are Jeremy Renner as William Brandt; Simon Pegg as whiz-kid Benji; and Ving Rhames as Luther Stickell, with Swedish Rebecca Ferguson (Hercules) as the mysterious Ilsa Faust; Sean Harris (Prometheus) as Solomon Lane and Alec Baldwin as CIA Director Alan Hunley.What makes this fifth journey into the world of Mission Impossible work extremely well is director Christopher McQuarrie, whose interpretation of his screenplay amplifies the vision he had for the film. Read more
5 TO 7 Brian (Anton Yelchin), a talented young writer, meets the beautiful, intriguing Arielle (Bérénice Marlohe) over a cigarette outside the Manhattan St. Regis. She’s older than he, married, French, and the mother of two. “You can stop that sentence anywhere along the way,” Brian’s father tells him, “and have reason enough not to be in the relationship.” But neither party can resist the other, and, against his better judgment — he was raised right — they begin a cinq-a-sept affair. Before long, Brian has broken every rule he ever had for himself. And he’s never been happier. Amid the comedy of the clash of cultures, world views, personal ethics and dietary preferences, peppered by the surprising reactions of those around them, Brian and Arielle fall more and more deeply in love. But, while the hours of 5 to 7 each day may suit Arielle perfectly, Brian begins to hunger for more. Soon, they must face the most important decision of their lives. We don’t choose love, it chooses us. The question is how hard we’re willing to fight for it when there are a thousand reasons to let go. In 5 to 7, the remarkable answer is equal parts romance, laughter and tears.
5 December 2015 by Daniel Dercksen·Comments Off on What’s new on DVD
WHILE WE’RE YOUNG Ben Stiller and Naomi Watts play Josh and Cornelia Srebnick, a married middle-aged couple of creatives in New York. Unable to have their own family, they decided that they are fine with this – that is until they meet Jamie (Adam Driver) and Darby (Amanda Seyfried), a free-spirited young couple, who are spontaneous and untethered, ready to drop everything in pursuit of their next passion – whatever it may be for that day! For Josh, who is painstakingly working on the umpteenth edit of his latest documentary, it’s clear that something is still missing and it’s as if a door has opened back to his youth – or a youth he wishes he once had.
STRETCH A hard-luck limo driver struggles to go straight and pay off a debt to his bookie. He takes on a job with a crazed passenger, whose sought-after ledger implicates some seriously dangerous criminals. Starring Patrick Wilson and Ed Helms.
WOMAN IN GOLD Woman in Gold is based on the true story of Maria Altman, an Austrian Jew, who sought to regain a world famous painting of her aunt plundered by the Nazis during World War II. She did so not just to regain what was rightfully hers, but also to obtain some measure of justice for the death, destruction, and massive art theft perpetrated by the Nazis. This powerful movie stars Ryan Reynolds and Helen Mirren. WIN DVD
THE CHRISTMAS SWITCH When Christmas ‘magic’ switches the bodies of a career-oriented single father and his 11 year-old son, they are forced to see the world through each other’s eyes, the pair find themselves growing closer as they scramble to figure out the secret of the magic that caused their predicament in time for Christmas!
PUPS UNITED The heart-warming Pups United stars Rob Schneider. When the movie kicks off, the Children’s World Cup of Soccer is in full swing, with teams from all over the world bringing a dog as their mascot. Ryan is a benchwarmer for the US children’s team whose duties revolve around team mascot Rex, the loveable Blue Heeler Border Collie who can secretly talk – but only with other dogs. Despite making new friends, Rex soon finds that this World Cup Event won’t be the vacation he hoped for when he uncovers a secret evil plot that threatens the tournament and now he must unite all the dogs to save the players and a stadium full of fans!
8 November 2015 by Daniel Dercksen·Comments Off on What’s new on DVD
Die Pro is a superb local film that tells the story of a young surfer, Tiaan Nothnagel who has to come to terms with the accidental death of his best friend, Dirkie Lawrence just before their last year at school. After Dirkie’s death, Tiaan swears off surfing as he cannot stand to be reminded of everything they once shared. Dirkie’s twin sister arrives in town on a mission: to be selected to go on Wave-Seekers, a fictional World Surf Tour and something that Tiaan and Dirkie dreamt of doing. In order to succeed, she needs Tiaan’s help, and by implication, she needs him to get back on his surfboard. Win a Die Pro DVD
The Riot Club is an intense thriller centred around an elitist gentleman’s club, created for the benefit of Oxford University’s wealthiest students. New student Miles joins Oxford, eager to throw himself into University life – he finds himself drawn to Lauren, an attractive and spirited working class student. Lauren is soon vying for Miles’ attention with Hugo, an older member of the Riot Club who sees him as Club material. Much to Mile’s dismay, the Riot Club is more than meets the eye and in a world where there are no limits, he finds his own tested.
In Richard Loncarine’s absolutely delightful 5 Flights Up, Morgan Freeman and Diane Keaton play a retired married couple who have been living in a run-down apartment in a sketchy part of Brooklyn for forty years and are still love each other deeply. With their neighborhood now very hip and their apartment worth a small fortune, they let Ruth’s niece Lily (Cynthia Nixon), a real estate agent, list their property to see what the market might bear. On the eve of their open house, the Brooklyn Bridge is rumored to be under a terrorist attack, sending the media into a frenzy and people’s attitudes about living in New York, and their beloved dog, is suddenly having trouble walking. They decide to go apartment hunting in Manhattan, where they miraculously come across an ideal place they might actually be able to afford. As the world around them seems to mirror their own chaos and confusion, they realize the same bond of love that has kept them together all these years will allow them to see their way through this crazy weekend as well.
The stylized dark caper comedy Life of Crime is based on Elmore Leonard’s novel and stars Jennifer Aniston as the wife of a corrupt real estate developer (Tom Robbins) who is kidnapped by two common criminals (Yasiin Bey and John Hawkes), who intend to extort him with inside information about his crooked business and off-shore accounts. But the husband decides he’d actually rather not pay the ransom to get back his wife, setting off an unbelievable sequence of double crosses and plot twists that could only come from the mind of Elmore Leonard.
The charming After the Ball is a retail fairy tale set in the world of fashion. Kate’s dream is to design for couturier houses. Although she is a bright new talent, Kate can’t get a job. No one trusts the daughter of Lee Kassell, a retail guru who markets clothes “inspired” by the very designers Kate wants to work for. Who wants a spy among the sequins and stilettos? Reluctantly, Kate joins the family business where she must navigate around her duplicitous stepmother and two wicked stepsisters, but with help from a prince of a guy in the shoe department, a god-brotherly gay pal in the design office, her godmother’s vintage clothes, and a shocking switch of identities, Kate exposes the evil trio, saves her father’s company, and proves that everyone can wear a fabulous dress.
in Bark Ranger two kids and a trusty dog, Ranger, stumble across a treasure map whilst playing in an abandoned ranger station. They set off on the adventure of a lifetime in search of a forgotten gold mine, but things take a turn for the worst when they come across a pair of clumsy crooks hiding out from the police.
Mountain Men is a family comedy that follows two estranged brothers, Toph and Cooper, as they journey to a remote family cabin in the mountains. Buried resentments and bruised egos come to light when they destroy their car and burn down the cabin, leaving them stranded in the Rocky Mountain winter. With their survival at stake, they are tested to their limits and must learn to work together to get back to civilization.
The superb Song One was written and directed by Kate Barker-Froyland and follows Franny Ellis (Anne Hathaway), an anthropology student who returns to New York City after her estranged brother, Henry (Ben Rosenfield), a musician, entered a coma after being hit by a car. To revive Henry and repair their relationship, Franny uses writings from Henry’s journal to travel among New York City music clubs, where she takes notes on the phrases and music she observes. She fills Henry’s sterile hospital room with familiar sounds and scents. Eventually, Franny meets Henry’s favorite musician, James Forrester (Johnny Flynn), at his concert, and convinces him to play for Henry. Franny and James explore New York City through Henry’s experiences, develop a romantic relationship.
Southpaw is a hardcore sports drama directed by Antoine Fuqua and written by Kurt Sutter. Billy Hope (Jake Gyllenhaal) is a boxer who lives in New York City with his wife Maureen (Rachel McAdams) and their daughter Leila (Oona Laurence). During a match in which he defends his World Light Heavyweight title, Billy sustains an eye injury and is convinced by Maureen to retire while he’s at the top. At a charity event for the orphanage where he and his wife both grew up, Billy is taunted by an up-and-coming boxer, Miguel “Magic” Escobar, leading to tragedy. The bonus features include interviews with director Antoine Fuqua, Rachel Mc Adams, Jake Gyllenhaal and screenwriter Kurt Sutter.
The thrilling The Guest was directed and edited by Adam Wingard and written by Simon Barrett. It features a brilliant performance by Dan Stevens as David, the ideal house guest. Both friendly and charming, the young soldier arrives on the doorstep of the Peterson family, appearing to be a friend of their deceased son who died in action. They welcome David into their home and lives, but when a series of mysterious deaths start in their town, their teenage daughter Anna wonders if David is responsible. As Anna’s suspicions intensify, an investigation escalates into a full-blown manhunt – will Anna be able to keep her family safe, or is it all too late?
Everly is a gritty action thriller film directed by Joe Lynch and written by Yale Hannon based on a story by Lynch and Hannon. The film stars Salma Hayek as the title character as a tough heroine; naked and beaten, she has to pull together her last shred of dignity as her attackers, a half dozen Yakuza thugs, laugh and party just outside her door. The movie centres on a night in Everly’s apartment. She faces down hitmen sent by her ex- a mob boss, while holed up in her home.
In the terrifying Pressure a group of deep sea divers are trapped in a small pod on the sea bed, after diving down to the bottom of the Indian Ocean in a diving bell to repair a gas pipeline. It’s a grim but lucrative job and they are under immense pressure from the ocean’s weight and, naturally, their own various emotional states. As they face their deepest fears, hold your breath, control your fear and experience where terror runs deep! Engel (Huston) is haggard and haunted by his past; Mitchell (Matthew Goode) is a thoughtful, Bible-reading guy; Hurst (Alan McKenna) is burnt out from the job and Jones (Joe Cole) is a cocky youngster whose girlfriend has just had a baby. Disaster strikes and this quartet face terrifying choices in a confined space.
Violent rich kids run amok in The Riot Club
5 November 2015 by Daniel Dercksen·Comments Off on Violent rich kids run amok in The Riot Club
The violence of excess
The world of a group of rich-and-spoilt undergraduates in The Riot Club is perversely painted in money and they don’t give a damn.
The explosive drama of The Riot Club is an emotional journey into the world of corrupted minds where perverse violence rules their morality.
Based on Laura Wade’s hit play, the film tells the story of an exclusive Oxford University undergraduate dining society.
At the beginning of a new term new, candidates are selected to join the group and when Miles (Max Irons) joins them his world is turned inside out as their insane egocentricity runs wild and they rebel against convention.
In the tradition of A Clockwork Orange, The Riot Club explores the excess of violence in an idyllic world, where malevolent evil corrupts sensible human nature and turns ordinary young men into monstrosities. It takes you into the heart of posh English upper-class society and, ultimately, reveals the dark soul of its lonely worshippers.
The Riot Club is not a film about violence, but a poignant coming-of-age story, showing how easily innocence and first love can be corrupted and violated. Read more
The scariest film of the year!
30 October 2015 by Daniel Dercksen·Comments Off on The scariest film of the year!
The Gallows is the scariest film in years
With the tag line ‘Every school has its spirit’ the concept is brilliant, showing what happens when four high school friends are trapped inside a school’s auditorium where a student died 10 years before in a freak accident during Beatrice High’s production of the play The Gallows. The concept is brilliant, showing what happens when four high school friends are trapped inside a school’s auditorium where a student died 10 years before in a freak accident during Beatrice High’s production of the play The Gallows. Revenge has never been sweeter and more frightening, particularly with the film shot in found-footage style. The Gallows was written, directed and produced by Chris Lofing and Travis Cluff and shot entirely outside of the Hollywood system, and found its way to the big screen thanks to the filmmakers use of a much smaller one-the computer-and their own ingenuity. The bonus features include a very entertaining making of doccie as well as deleted scenes and a fun gag reel. Read more / Visit the website Special Feature: How to make a hit Independent Film
The Forger now on DVD
27 October 2015 by Daniel Dercksen·Comments Off on The Forger now on DVD
THE FORGER – 2015 FILM STILL – From left to right: Christopher Plummer (Joseph Cutter, left), Will Cutter (Tye Sheridan, center) and Raymond Cutter (John Travolta, right) – Photo Credit: Lionsgate
A family of crooks
A suspenseful and moving thriller, The Forger switches seamlessly from bracing violence and criminal hijinks to scenes of painstaking familial reparations.
It is also a showcase for the singular talents of John Travolta, who turns in an affecting performance as a man who has spent his life applying his artistic gifts in all the wrong ways.
Learning that his teenage son Will (Tye Sheridan) has been diagnosed with cancer, Ray Cutter (John Travolta) manages to get out of prison nine months ahead of schedule to rejoin the household where Ray’s spry, ornery dad, Joseph (Christopher Plummer), has been caring for Will in Ray’s absence.
The hitch is that, while Ray wants to go straight, the shady character who made Ray’s early release possible expects him to pull off a heist as payment.
The job involves snatching Monet’s Woman with Parasol from the museum where it’s on display and replacing it with a replica so perfect that no one will notice. An experienced thief and a world-class art forger, Ray is the only man for the job, and in any case he has no choice. But can he perform this high-stakes robbery while also trying to fulfill his dying son’s wishes?
With a dynamite supporting cast that includes Abigail Spencer as the undercover agent tracking Ray’s every move, Anson Mount as the local drug kingpin who puts the pressure on Ray, Marcus Thomas as Ray’s best friend and cohort, Travis Aaron Wade as the local cop who assists the investigation, and Jennifer Ehle as Ray’s ex-wife and Will’s estranged mother, The Forger boasts both compelling characters and inventive set pieces.
At the core of the film are the father-son relationships across the three generations, and the chemistry between Travolta and Sheridan makes for heart-rending scenes. Ray cannot forestall the tragedy soon to visit, but he can work magic with brushes, brains, and fists to ensure that what time the Cutter family has left together is spent making a dream come true.
It is directed by Emmy and BAFTA award-winning director Philip Martin, whose credits since include the last Prime Suspect with Helen Mirren, piloting the BBC’s international hit Wallander with Kenneth Branagh, the BAFTA award-winning political drama MO with Julie Walters for Channel 4, Working Title’s production of Sebastian Faulks’ WWI epic Birdsong, and the acclaimed crowd-sourced documentary feature Japan In A Day for Scott Free Films.
The screenwriter is Richard D’Ovidio, who has been a working screenwriter in Hollywood for the last fifteen years. He has written screenplays for all the major studios and worked with such directors and producers as Paul Verhoeven, Tony Scott, Andrzej Bartkowiak, Joel Silver, Mark Gordon and Sam Raimi. His also wrote the screenplays for The Call, Exit Wounds and Thirteen Ghosts.
New DVDs: You’re Not You
24 October 2015 by Daniel Dercksen·Comments Off on New DVDs: You’re Not You
Academy Award winner Hilary Swank (Conviction, Million Dollar Baby) and rapidly rising star Emmy Rossum (Shameless) intertwine in You’re Not You, a surprisingly funny, defiantly unsentimental and starkly moving portrait of a high-stakes friendship between two women – one literally in need of a voice, the other discovering the full power of hers.
A story of how, even in the presence of loss, people will discover power, strength and joy.
The story of an anarchic, frenzied young woman who, on a whim, takes on the very serious job of caretaking for a remarkable musician with ALS (Lou Gehrig’s Disease) could easily have fallen into predictable melodrama. But instead, Michelle Wildgen’s 2006 novel You’re Not You became a critical surprise and was celebrated as candidly funny and revealing about topics ranging from sex to cooking lessons to the stirring intimacy of a friendship built on a mix of frank need and unfolding trust.
It was successfully adapted into a film by George C. Wolfe from a screenplay by Shana Feste (Country Strong) and Jordan Roberts (March of the Penguins), and is now available on DVD.
Michelle Wildgen
Wildgen’s debut novel You’re Not You, was a New York Times Editor’s Choice and one of People Magazine’s Top Ten Books of 2006; she is also the author of the novels But Not For Long and the forthcoming The Back of the House. Her work has appeared in O Magazine, The New York Times, Best Food Writing, Best New American Voices, and various anthologies and literary journals. She is an executive editor at the literary journal Tin House.
When producer Alison Greenspan of Di Novi films read the book, it struck close to home.
Her father and an aunt both had ALS – the progressive motor neuron disease often called Lou Gehrig’s Disease after the baseball player who made his battle with it public – and she was drawn to how Wildgen addressed it head-on in a story that was also fresh and human and about an unlikely partnership that takes two women to places they did not foresee coming.
“At the time, my father was suffering from ALS, and my sister and I both felt we should read the book, mainly out of curiosity,” recalls Greenspan. “What happened was that rare thing that happens for producers sometimes: the story just stuck with me – and I couldn’t let it go.”
She continues: “I liked that it was so realistic about ALS, and reflected the dignity and pride of people living with ALS, but also I was drawn to it as a really entertaining story about two women who save each other. ”
Greenspan shared the book with partner Denise Di Novi and immediately the two began talking about who might take on the role of Kate – the highly cultivated and ferociously musician who finds herself in the unimaginable position of suddenly being vulnerable and needing lots of help.
For Di Novi, there was only one actress who came to mind: Hilary Swank, known for attacking roles with extreme commitment and depth, and for playing a roster of challenging women – from a female boxer to Amelia Earhart – too complex to be easily summarized.
When Swank responded to the book and committed not only to the role but came aboard as a producer, the project began moving swiftly ahead.
“My producing partner Molly Smith and I read the book and instantly fell in love,” Swank recalls. “It was a no-brainer for us to sign up. It’s a journey of two people living in completely polar opposite worlds who find out they have much more in common than they think – and then help each other to become fully realized in the middle of the most unlikely circumstances.”
Smith recalls that it was the thread of comedy, and of the powerful links we can have to strangers, running through the book that made if feel so alive. “There is a lot of humor in this piece, which is, at its core, is a beautiful story of friendship,” she observes. “Kate and Bec enter each other’s very different lives, create a sort of chaos and then find a truly deep and enduring connection.”
That same tone came through in the script. “The script doesn’t take the expected journey,” says Smith. “The dialogue is irreverent and we had two amazing screenwriters – Shana Feste and Jordan Roberts – who were able to especially capture Bec’s voice.”
Jordan Roberts wrote and directed Around The Bend, and re-wrote, and re-conceived for English-speaking audiences, a lush romantic drama from France, March Of The Penguins, that went on to win an Oscar for Best Documentary. In addition to doing writing work on over forty feature films, he wrote, directed and produced 2012’s Frankie Go Boom, and Big Hero Six for Disney.
Shana Feste is the writer/director of Country Strong and The Greatest, and is the screenwriter for the forthcoming new Universal incarnation of Endless Love.
As the producers developed the screenplay, they also began the quest for a director who could bring the story’s distinctive blend of sensitivity, honesty and irreverence to the screen.
They found that in George C. Wolfe, renown for his work as a playwright (“Colored Museum,” “Spunk,” “Jelly’s Last Jam”) and as the director of such lauded Broadway productions as “Angels In America: Millennium Approaches” and “Bring In Da Noise/Bring In Da Funk.” His films include HBO’s award-winning adaptation of Lackawanna Blues and the romantic drama Nights in Rodanthe starring Richard Gere and Diane Lane, which Di Novi and Greenspan produced.
George C. Wolfe
“We gave George the script, he loved it and then he doggedly pursued it. He just really connected with it,” recalls Greenspan, “and you could sense his passion. We knew he could deliver the caliber of performances needed and transcend the pitfalls to make this a movie about people in the midst of exciting changes, to give it electricity and humor.”
Wolfe was drawn to the comic contrasts between Kate and Bec’s lives before they collide: Kate with her refined perfectionism, Bec with her tornado-like constant motion.
“The two of them brought to mind that Katherine Hepburn line about Fred and Ginger – ‘she gave him sex, he gave her class’ — and I was intrigued by how Kate is an overly focused human being, while Bec is an overly chaotic human being. Bec brings that chaos into Kate’s life, which helps to liberate her, and Kate brings her focus into Bec’s life, which helps to ground her. So that was the thing that I think I responded to foremost: these two women who end up forming an incredibly symbiotic relationship and how they get there.”
The getting there takes both women through moments of absurdity, triumph and of bracing mortality, but Wolfe always saw You’re Not You as reflecting back some of the lightness, humor and exhilaration that comes through even in life’s darkest times.
He summarizes: “I think it’s a story of how, even in the presence of loss, people will discover power, strength and joy.”
You’re Not You Now On DVD
Kate (Swank) is a suave, married, eminently successful classical pianist just diagnosed with ALS (also commonly known as Lou Gehrig’s Disease). Bec (Rossum) is a brash college student and would-be rock singer who can barely keep her wildly chaotic and messy affairs, romantic and otherwise, together. Yet, when Bec takes a last-ditch job assisting Kate, just as Kate’s marriage to Evan (Josh Duhamel) hits the skids, both women come to rely on what becomes an unconventional, sometimes confrontational and fiercely honest bond. Aimless as she is, Bec is determined to become an intimate shadow to Kate – accompanying her and translating for her through the most bewildering and awkwardly comic circumstances. The result is a camaraderie stripped down to the barest essentials of daily sustenance and late-night confessions.
But as sensual, meticulous, willful Kate begins to rub off on whirlwind, spontaneous, free-spirited Bec – and vice versa – both women find themselves facing down regrets, exploring new territory and subtly expanding their ideas of who they want to be.
Two-time Tony Award winner and theatre legend George C. Wolfe directs this powerful portrait of a transformational friendship. “This is a story about two people confronting the truth in themselves,” comments Wolfe. “Sometimes in life when you come up against a non-negotiable obstacle, whatever it might be, that obstacle becomes a chance for you to become another version of yourself. That’s what I found so fascinating about You’re Not You.”
In addition to exploring a friendship that blooms under fire, Wolfe sees the film as exploring those hidden, contrary parts of our identities that don’t always get the chance to reveal themselves.
‘The title, You’re Not You, comes from something Kate says to Bec, but in many respects, it’s about each of the characters. Kate isn’t really Kate. Bec isn’t really Bec. Evan isn’t really Evan. Each of the characters is stuck playing a version of themselves — until they begin to see that there is a more complicated, more evolved and deeper version of who they can be inside themselves. In the movie’s journey, they each become more of who they are.”
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The Latest DVD Releases
A MOST VIOLENT YEAR is a searing crime drama set in New York City during the winter of 1981, statistically the most dangerous year in the city’s history. From acclaimed writer/director J.C. Chandor, and starring Oscar Isaac (Inside Llewyn Davis) and Jessica Chastain (Zero Dark Thirty), this gripping story plays out within a maze of rampant political and industry corruption plaguing the streets of a city in decay. J.C. Chandor’s third feature examines one immigrant’s determined climb up a morally crooked ladder, where simmering rivalries and unprovoked attacks threaten his business, family, and–above all–his own unwavering belief in the righteousness of his path. With A Most Violent Year, Chandor journeys in a bold new direction, toward the place where best intentions yield to raw instinct, and where we are most vulnerable to compromise what we know to be right. Chandor brings us once again to thresholds of danger and moral murkiness through the story of Abel Morales, an immigrant reaching for the American Dream in a city fraught with violence, corruption and decay. The film follows three days in the life of Abel Morales (Isaac), a Latin American immigrant who, together with his Brooklyn-bred wife Anna (Chastain), is building a small heating-oil enterprise purchased from Anna’s gangster father. Vowing to run the business legitimately, he discovers that the ladder to success is a crooked one. “Building a business from the ground up is probably what we do best in this country,” says Chandor. “Creatively it’s one of the most fascinating elements of who we are as Americans. But there is also a huge potential for failure.”
THE VOICES A totally wicked psychological horror comedy with Ryan Reynolds as a seemingly ordinary man, who lives in a normal apartment the type you would expect from a young bachelor with his talking dog Bosco, and his cat, Mr. Whiskers.Yet something seems off. As the new guy at work, Jerry is asked to help plan the company picnic, and he meets Fiona (Gemma Arterton), an attractive English girl from accounting. Although Fiona is all Jerry can think about, there’s also an accountant who has her eyes on him (Anna Kendrick). But beware, it definitely is not for the faint-hearted and will delight those looking for outrageous viewing that goes to the extreme in being different, and off-the-wall. If you looking for something different, this is it. It was directed by Marjane Satrapi and written by Michael R. Perry, and received a limited release in 2014, but now available to those who enjoy independent films with a dark edge.
LOST RIVER You will never forget this consummate masterwork from Ryan Gosling that weaves elements of fantasy noir and suspense into a haunting, modern fairy tale.Written and directed by Gosling, this dark and brooding drama is set against the surreal dreamscape of the vanishing city of Lost River. As an actor, Gosling has garnered critical acclaim for his choice of diverse film roles (Place beyond the Pines, Drive, The Notebook) and with Lost River he continues to create distinct characters inhabiting a multitude of worlds for his debut as a feature film writer and director. In the virtually abandoned city of Lost River, Billy (Christina Hendricks), a single mother of two, is lead into a macabre underworld in her quest to save her childhood home and hold her family together. Her teenage son, Bones, discovers a mysterious road that leads into a reservoir, where a once thriving city now lays submerged and forgotten by time. The mystery of this underwater town triggers Bones’ curiosity and sets into motion an unexpected journey that will test his limits and the limits of those he loves. Read more
DANNY COLLINS Al Pacino astounds as an ageing rock star who receives a life-changing letter and decides to find out what his life could have been like. Filled with pathos, humour and heartfelt passion, this inspiring film from writer-director Dan Fogelman shows how important it is to embrace a second chance in life. Read review
THE DUFF A fun rom-com with Mae Whitman as a content high school senior whose world is shattered when she learns the student body refers to her as ‘The Duff’ (Designated Ugly Fat Friend) to her prettier, more popular friends. With her universe turned upside down, she enlists a slick but charming jock (Robbie Amell), to help set her apart from the pack and erase her label forever. In doing so, she hopes to land her crush Toby (Nick Eversman), and find the confidence to overthrow the school’s ruthless label maker Madison (Bella Thorne) by reminding everyone that no matter what people look or act like, we are all someone’s DUFF…and that’s totally fine…
For more rom-com fun, there’s The Rewrite, with Hugh Grant as a washed-up screenwriter who begins teaching at a state university and Marisa Tomei as a single mom with whom the screenwriter finds romance. The film is directed by Marc Lawrence based on a screenplay he wrote.
Two releases that were not released on the big screen locally, are the fun Little Loopers, where a down and out former golf pro tries to turn his life around after he’s forced to coach a rag tag group of young golfers, and in Loitering With Intent two actors want to jump start their careers and end up making a big shot producer think that they have a hot script that everyone wants to get their hands on; they then drive to upstate New York and hole up ina family member’s country home where they spend 10 days to write the said script.
2000 - 2019 © The Writing Studio & Daniel Dercksen. All rights reserved. Theme developed by Bryn Hunter.
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Brentwood School District » District Info » Missions
Brentwood will become a regional leader in providing a personalized and dynamic educational experience to every student.
We see each child and support them on their individual pathways.
VALUE STATEMENTS:
Recognizing our students as ever-changing individuals and responding conscientiously;
Fostering transparency through a commitment to open communication;
Utilizing data to guide individual instruction;
Investing in our staff and facilities;
Aggressively engaging our families and community; and
Maximizing our fiscal potential.
BUILDING MISSIONS
The goal of the Brentwood Early Childhood Center is to provide a strong educational program which guides children in their construction and quest for knowledge. Our Early Childhood Center is a place where each child’s potential is carefully cultivated and guided. Children, parents, and teachers are all a community of learners growing together in our relationships and knowledge. If you would like to learn more about our curriculum, please call Nancy Stoverink at 314-262-8521.
McGrath Elementary welcomes you to our exciting learning environment. We are a committed and caring community of learners who work together to create exciting and collaborative opportunities for learning. Character Education and leadership are being developed in each student, as well as academic achievement and personal growth. Parents and staff work together to create a collaborative and dynamic school culture.
At Mark Twain Elementary, we believe that creating a caring and nurturing learning environment is our first and foremost responsibility. We build strong, supportive relationships that are the foundation for our teaching and learning among staff, parents, and students. Our students feel a sense of belonging, competence, and autonomy which allows each child to reach optimal levels of academic success and social development. We are a National School of Character and a National Blue Ribbon School and take pride in our outstanding students and community.
The mission at Brentwood Middle School is to achieve excellence in both academics and character. Our core values are kindness, integrity, perseverance and respect. These characteristics are embedded in our daily language used in the classroom, discipline, expectations and everyday activities.
Brentwood High School takes great pride in our students’ academic and co-curricular achievements. Our small, personalized learning community is committed to preparing students to be globally competitive and to make a positive impact in society. Named a National Blue Ribbon School by the U.S. Department of Education in 2006 and 2013, our commitment to excellence has been recognized at the state and national levels. We take pride in the support and hard work of our staff, students and parents.
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LAW Policy Practicum: The National Environmental Policy Act: Pushing the Reset Button
LAW 413R
[ Regulatory & Policy ] as a Related Elective for those interested in Public Policy : A policy practicum is a great choice for skills-based training in the range of methods available to effect changes in the law. Some policy labs, like this one, offer students an opportunity to do research on the scope of a problem not adequately addressed in current law or regulation. Students develop proposals for new or revised regulation based on problems identified in their research. This course is a great choice for future environmental lawyers. It focuses on recommendations for the reform and modernization of one of the most significant environmental protection laws in the U.S. It will provide students an opportunity to develop proposals on potential reform options that respond to critics but preserve core benefits of the law.
This policy lab will focus on recommendations for the reform and modernization of the National Environmental Policy Act (NEPA) -- the granddaddy of our environmental laws. NEPA is a disclosure statute which requires that before federal officials can issue a permit, commit federal funds, or otherwise take an action that may have a significant impact on the environment, decision-makers must have the opportunity to review an Environmental Impact Statement (EIS) that analyzes the potential environmental consequences of the proposed action and its alternatives. Many critics from both the right and left are dissatisfied with the way that NEPA and its state analogues are being implemented, prompting some legislators to advocate statutory overrides and agency officials to expand the use of categorical exemptions. Meanwhile, NEPA proponents are interested in making the environmental review process more user-friendly and efficient, while preserving its core disclosure requirements. In this policy lab, students will review, analyze, and develop positions on potential NEPA reform options. Students will interact with NEPA experts at the White House¿s Council on Environmental Quality (CEQ) and produce work product that CEQ can use as it responds to Congressional and outside pressure to reform the NEPA process. Students may normally receive no more than four units for a Policy Lab practicum and no more than a total of eight units of Policy Lab practicums and Directed Research projects combined may be counted toward graduation unless additional units for graduation are approved in advanced by the Petitions Committee. A student cannot receive a letter grade for more than eight units of independent research (Policy Lab practicum, Directed Research, Senior Thesis, and/or Research Track). Any units taken in excess of eight will be graded on a mandatory pass basis. Elements used in grading: Class Participation, Attendance, Final Paper. Consent Application: To apply for this course, students must complete and e-mail the Consent Application Form available on the SLS Registrar's Office website (see Registration and Selection of Classes for Stanford Law Students) to the instructors. See Consent Application Form for submission deadline.
Course Style:
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Call for Papers: Art and Science Now: The Two Cultures in Question
Home/News/Conferences, Symposia & Workshops/Call for Papers: Art and Science Now: The Two Cultures in Question
Art and Science Now: The Two Cultures in Question
Science Museum and Tate Modern, London, 23-24 January 2009
On 7 May 1959, C. P. Snow delivered the Rede Lecture in Cambridge on the subject of ‘The Two Cultures and the Scientific Revolution’. A failed scientist and a moderately successful novelist, C. P. Snow drew on his experience as a Civil Service Commissioner to consider what seemed to him to be an increasing fissure between ‘literary intellectuals’ and ‘natural scientists’. In part an attack on the perceived insularity, decadence and political sterility of the London literary scene, in part a complaint about the poverty of a humanities education and a demand for curriculum reform in schools and universities, the lecture was, most fundamentally, a critique of the lack of mutually intelligible exchange between the two cultures. As the 1950s drew to a close, Snow believed that only a national culture as aware of the importance of knowing the second law of thermodynamics as of knowing the plays of Shakespeare, would be fit to offer developing countries the scientific and technological solutions to poverty and deprivation that were so urgently required.
The London Consortium is bringing together the Science Museum and Tate Modern in a two-day conference to mark fifty years of the two cultures. Divided into a more specialised academic event and a more public occasion, it will consider the history of this debate, asking whether Snow’s critique has been addressed by the increase in multi- disciplinary research, alongside the expansion of educational curricula and provision within science and the humanities. But in a world of increasing disciplinary specialisation in which there has been exponential growth of sub-disciplines in both science and the humanities, it will also ask whether the distinctions between and indeed within the two cultures might have become further entrenched. The most fundamental question this celebration of 50 years since Snow’s lecture will ask, though, is how the terms of the debate may have changed.
We invite papers for a conference at the Science Museum on 23rd January 2009, that consider questions such as the following: How have new technologies such as the internet and new resources like Wikipedia reconfigured our sense of disciplinary boundaries, hierarchies of knowledge and the places where cultural capital is held? Has the new dominance within general culture of ideas drawn from the ‘life sciences’ — molecular biology, genetics and biochemistry, ecology, epidemiology — and their unpredictable pressings upon fundamental questions of how and why humans and other organisms should find themselves and their relationships defined in particular ways, led to an ever more complex and porous boundary between science and the humanities? How are Snow’s notions of disciplinary and national cultures to be rethought through the paradigms and politics of globalisation?
Please send 200-word abstracts for papers (20 minutes maximum) by November 1st to Dr. Laura Salisbury, School of English and Humanities, Birkbeck, Malet Street, London WC1E 7HX — [email protected]
By bshs-admin|2017-11-10T10:03:41+00:00December 12th, 2010|Conferences, Symposia & Workshops|Comments Off on Call for Papers: Art and Science Now: The Two Cultures in Question
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Grand Canyon National Park Silver Bullion Coin
in 2010 National Park Coins
The Grand Canyon National Park Silver Bullion Coin is the fourth of five 2010 US Mint five ounce silver strikes honoring sites throughout the United States. As the name suggests, the silver bullion coin honors Grand Canyon National Park of Arizona.
The release is a part of America the Beautiful Silver Bullion Coins™ Program. Every .999 fine silver bullion coin within the program is composed of five ounces of the precious metal.
The 2010-dated issues, of which there are five, feature a diameter of three inches as required by the initial authorizing law. Law modifications approved in December 2010 allowed for future strikes to have a diameter of between 2.5 and 3.0 inches, however, the Mint has opted to keep with the initial diameter.
A release of these coins occurred on December 10, 2010 along with the other four 2010 America the Beautiful Bullion Coins. On that date, the Mint’s network of authorized purchasers (APs) was allowed to place their initial orders for the strikes after agreeing to a modified bullion agreement with the Mint. That modified agreement was added after price gouging concerns were levied against some of the APs by potential customers. The new agreement limited the profit the APs could make on selling the strikes since bullion coins are issued by the Mint as a low-cost investment option to be available at as near-market prices as possible.
Before the end of December was reached, the APs had ordered the Mint’s entire mintage of 33,000 of each of the five 2010-dated bullion coins. It took several more weeks, however, before most collectors and investors could place their orders for the strikes as the APs instituted ordering procedures required by the Mint especially for these coins.
The designs found on this silver bullion coin will also be found on two other American issues. The first is the companion collector grade version known as the Grand Canyon Silver Uncirculated Coin. The second is the circulating Grand Canyon Quarter from the America the Beautiful Quarters® Program. All three coins contain a portrait of George Washington on their obverse as designed by John Flanagan. Each also bear inscriptions of UNITED STATES OF AMERICA, LIBERTY, IN GOD WE TRUST and QUARTER DOLLAR.
For the reverses, the Grand Canyon coins contains an image of the granaries above the Nankoweap Delta in Marble Canyon. It was designed by United States Mint Sculptor-Engraver Phebe Hemphill and also includes the inscriptions of Grand Canyon , Arizona, 2010 and E PLURIBUS UNUM.
Grand Canyon National Park in Arizona
The following information was provided about the national park by the United States Mint during the launch of the companion Grand Canyon America the Beautiful Quarter:
"The United States Mint is honored to be connecting America to its most significant natural treasures through the America the Beautiful Quarters® Program," said United States Mint Director Ed Moy. "The new Grand Canyon National Park quarter design echoes the ancient grandeur of this wondrous place."
"The introduction of a Grand Canyon quarter is a momentous occasion in the human story of the park; so we were thrilled when the Nankoweap granaries were chosen as the design for the reverse side," said Steve Martin, Superintendent of Grand Canyon National Park. "The use of the granaries really seems to connect the coin and today’s event to the thousands of years of human history reflected in archeological sites throughout the canyon."
The Grand Canyon was first established as a national site on February 20, 1893. A powerful and inspiring landscape, the Grand Canyon overwhelms our senses through its immense size – 277 river miles long, up to 18 miles wide and a mile deep. Although first afforded Federal protection in 1893 as a forest reserve and later as a national monument, the Grand Canyon did not achieve national park status until 1919, three years after the creation of the National Park Service. Today Grand Canyon National Park receives close to five million visitors every year – a far cry from the 44,173 visitors the park received in 1919.
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Next post: Grand Canyon National Park Silver Uncirculated Coin
Grand Canyon Silver Coin Specifications
Series Information: National Park Silver Coins
Issue Date: December 10, 2010
Honors: Grand Canyon National Park (NPS)
State: Arizona
Mint: United States Mint at Philadelphia
Mintmark: None
Edge: ".999 FINE SILVER 5.0 OUNCE"
Composition: 99.9% silver
Authorized Mintage: 33,000 maximum
Final Sales: 33,000
Program: America the Beautiful Silver Bullion Coins™
Authorizing Law: Public Law 110-456
Related: Grand Canyon National Park Quarter
Grand Canyon National Park Silver Uncirculated Coin
2010 National Park Coins
Coin Web Sites
America the Beautiful Silver Coins
Copyright © 2011 CoinNews Media Group LLC. All data and information provided on this site is for informational purposes only. CoinNews makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.
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The Chinook Team
Quality & Environmental Policies
What makes our technology so unique?
The RODECS® System
Thermal Treatment Technology
Chinook Sciences
Chinook Sciences Appoints Harry W. Zike Group Chief Financial Officer
Zike Brings More Than 30 Years of International Finance and Business Experience;
Deep Expertise Working With Energy Sector Growth Companies
Chinook Sciences, LLC, the leading manufacturer and operator of advanced gasification technology worldwide, today announced it has appointed Harry W. Zike as Group Chief Financial Officer. In this role, Zike will assume overall leadership of the finance and strategy functions at Chinook and will work closely with Dr. Rifat Chalabi, Chairman & CEO, on developing and implementing Chinook’s growth strategies both domestically and internationally.
Mr. Zike brings more than 30 years of international finance and business experience to Chinook, including serving as the Chief Financial Officer (CFO) of both public and private international companies in the energy and clean tech industries. His experience includes approximately: 19 years with Siemens, including serving as their Americas Region CFO for their Energy and Automotive Electronics Divisions; 13 years in the Audit and M&A practice of Price Waterhouse; two years as Executive Vice President & CFO of a NASDAQ traded alternative energy company; and two years as CFO and Board Member of a UK publicly traded clean tech energy company.
Dr. Rifat Chalabi, Chairman and CEO of Chinook Sciences, said, “We are privileged to have Harry join our team. The appointment of this seasoned finance veteran of energy growth companies is another key step in Chinook Sciences’ strategy to become the world’s leading End Stage Recycling and renewable energy enterprise.”
“I am pleased to join Chinook Sciences – one of the most innovative energy companies in today’s market and look forward to working with Dr. Chalabi and his world class team to take this company to its next level of growth,” said Zike.
Mr. Zike has also served on the Board of Directors of several companies including energy & environmental services company, a semiconductor joint venture and a high-tech phase change memory company. He also served on the board of various Siemens entities based in the USA, Germany, Mexico and Brazil, and on the board of the Financial Executives International, a non-profit industry association and research foundation.
A Certified Public Accountant, Certified Management Accountant, Certified Information Technology Professional, and a Certified Six Sigma Green Belt, Mr. Zike holds a B.S. in Accounting from the University of Scranton in Pennsylvania. Fluent in English, German and partially Spanish, he has lived in two continents and worked in four across the globe as well as six states in the USA.
About Chinook Sciences, LLC
Chinook Sciences, LLC, part of the Chinook Sciences group of companies, based in Cranford, New Jersey, was founded in 1998 and is the leading manufacturer and operator of advanced gasification technology. Its RODECS® gasification system, now in its ninth design generation, enjoys an unprecedented eleven-year track record of industrial commercial operation, with an unblemished environmental record. The RODECS® is capable of processing a wide range of organic-based waste streams including E-waste, MSW, and various industrial wastes. The system has been installed in 16 locations throughout the world, where it gasifies organic material without using incineration and fully recovers metals in its patented ACTIVE PYRO® process.
Chinook Sciences, LLC
135 US Highway 202 206
Bedminster Township
contact@chinooksciences.com
Chinook Sciences Limited
No. 1 Nottingham Science Park
Jesse Boot Avenue, University Boulevard
NG7 2RU, UK
info@chinooksciences.com
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Syrian intervention may shed light on Iraqi WMDs
Secretary of State John Kerry’s formal accusation today that Syria has used chemical weapons against rebel forces and civilians sounds somewhat similar to Bush Administration charges against the regime of Saddam Hussein in neighboring Iraq a decade ago. Saddam had used his chemical weapons numerous times against Iraqi minorities and was all but ignored by the world.
When the U.S. led a coalition of nations to depose Saddam in 2003, the belief that Iraq possessed stockpiles of chemical and biological weapons as well as a nascent nuclear weapons program was a major justification for the invasion. Failure to locate large stocks of the weapons led to charges that President George W. Bush had lied to lead the United States into an unnecessary war.
The fact of Syrian use of chemical weapons should call the conventional wisdom about Iraq into question. The two countries were linked by their ruling Baathist parties and, as neighbors, engaged in trade, both legal and illegal, before the war. In 2006, Georges Sada, a former general of Saddam’s air force, detailed in his book, “Saddam’s Secrets,” how Saddam had secretly moved much of his WMD material to Syria before the U.S.-led invasion under the cover of providing relief to Syrian earthquake victims. Sada’s claims were detailed in Examiner in 2011. Sada’s claim was be supported by other sources as well. In 2004, a Syrian defector, Nizar Nayouf claimed that Iraqi WMDs had been hidden at three sites in Syria. Nayouf’s story appeared the Dutch paper Der Telegraaf and is summarized on WorldThreats.com. Satellite reconnaissance photos from 2010 published in Israel’s Haaretz show Syrian military facilities in the same areas that Nayouf fingered. The same sites were identified in the 2004 book “End Game” by General Thomas McInerney and Paul Vallely as well as another former Iraqi general, Ali Ibrahim al-Tikriti. If the U.S. launches airstrikes against Syria, these facilities are likely to be targeted.
The lack of large stockpiles in post-Saddam Iraq led to the myth that Saddam’s WMDs were nonexistent. In reality, Saddam’s use of chemical weapons against the Iraqi Kurdish minority was documented by the BBC in 1988. Saddam also used chemical weapons in his war against Iran and after the Persian Gulf War while combating the Shiite uprising of 1991. The destruction of an Iraqi munitions plant that produced the nerve gas sarin may be responsible for Gulf War Syndrome, a neurological affliction that affects as many as 30 percent of veterans from the Persian Gulf War in 1991 according to USA Today. In 2010, Wired Magazine detailed how classified military documents released by Wikileaks revealed the discovery of many small caches of chemical weapons by coalition forces during the occupation of Iraq.
While the shelf life of nerve agents such as the sarin, one of the chemical weapons found in Iraq and recently used in Syria, is short, an undated CIA report estimated that the Iraqis had improved their sarin stocks by increasing the purity of the chemical components and building binary weapons. In binary weapons, the components of the nerve agent are not combined until the weapon is ready to be used. This could make the shelf life of the weapon “irrelevant” and allow it to be stored for years before use. This means that if Iraqi stockpiles were transferred to Syria prior to 2003 they could still be lethal.
Syria has long had development programs for weapons of mass destruction of its own. In 2008, Time reported that North Korea was helping Syria to build a nuclear reactor. Israel bombed the Syrian reactor in 2007 according to Der Spiegel. The German weekly also reported last year that Iranian officers were involved in the testing of Syrian delivery systems for chemical weapons. The Nuclear Threat Initiative notes that Syrian WMD programs may have begun as early as 1971. The NTI also noted that the U.S. believed that Syria was dependent on “foreign sources for key elements of its CW program” as late as 2010. This may have included Saddam’s Iraq.
There are a number of objections to the theory that Syria benefitted from Saddam’s WMD programs. For example, Syria sided with the Coalition forces during the 1991 Iraq war. Therefore some question whether it would have cooperated with Saddam in later years. In reality, Syria was complicit in helping Saddam subvert UN sanctions on Iraq prior to the 2003 war. Congress estimated in 2004 that Syrian-Iraqi smuggling was worth more than $3 billion.
A second question is why Saddam did not admit to transferring the weapons when he was interrogated. Apparently Saddam did not take U.S. threats seriously and was more concerned about Iran. Transferring weapons to Syria would have prevented their discovery by UN inspectors, but would have left them available in the event of an Iranian attack. Not confessing as he faced death may have been as simple as going to his death knowing that he had the last laugh on his tormenters.
As yet there is no conclusive proof that Syrian chemical weapons can be traced to Saddam Hussein. Nevertheless, there is ample circumstantial evidence to take another look at the Iraqi-Syrian connection. If the Asad government falls, Syrian military files may shed light on the mystery of Saddam’s WMDs. The Syrian civil war may one day help to rewrite the history of the Iraq War.
Originally published on Atlanta Conservative Examiner
Posted by CaptainKudzu at 10:45 PM
Labels: chemical, George W. Bush, Georges Sada, iraq, Saddam Hussein, syria, weapons, WMDs
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Appleby shortlisted for Private Client Legal Team of the Year
Appleby has been named as a finalist for ‘Private Client Legal Team of the Year’ at the upcoming prestigious STEP Private Client Awards 2016/17.
The STEP Private Client Awards are widely regarded as the hallmark of quality within the private client industry. All entries undergo a rigorous judging process with up to five finalists in each category. The presiding judges are supported by an independent panel of experts comprising of internationally renowned practitioners in the wealth management arena.
Carlos de Serpa Pimentel, Group Head of Appleby’s Private Client & Trusts practice said: “Our Private Client & Trusts team is dedicated to its clients and to delivering first class service.”
“The STEP Awards are highly regarded so we are proud that once again we have been recognised in this way, along with a group of outstanding onshore private client firms”.
The panel will decide upon a winner for the category and the team who wins the accolade will be announced at the black-tie dinner and awards ceremony in London on 8 September 2016.
Walkers announces new partners
Cayman in strong position post-Brexit: Cayman Finance
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New institute to look at human and AI interactions
By Tim Sandle Mar 19, 2019 in Science
Stamford - Stanford University has launched a new technological learning center called the Institute for Human-Centered Artificial Intelligence. The new institute will look at guiding artificial intelligence to benefit humanity.
The new center will work across all faculties within the university, being open to any discipline that needs to embrace advanced technology. The institute will also work in partnership with businesses, governments and not-for-profit organizations. The overriding aim is to explore ways by which artificial intelligence can be put to use to create a better future for humanity.
According to the institute’s webpage: “Our goal is for Stanford HAI to become an interdisciplinary, global hub for AI thinkers, learners, researchers, developers, builders and users...who want to understand and leverage AI’s impact and potential.”
The types of businesses that the institute will be working with include tech companies, financial services, healthcare providers and manufacturers. The institute will be headed up by philosopher Professor John Etchemendy.
This appointment from a leading member of the humanities department reflects the fact that artificial intelligence is no longer simply a technical field, it is impacting across a range of everyday human activities and experiences.
The aims and values of the institute are captured in the following video:
Some of the current research projects include looking at the way people interact with artificial intelligence. This not only includes direct contact with humans, but also our vital social structures and institutions. This line of inquiry leads on to the way algorithms may introduce, compound, or mitigate business risk or bias. Another area is the implications springing from the “responsibility gap” between decisions made by machines and people. This area will also consider how artificial intelligence is being used for surveillance, population control and waging war.
A second area is with the extent that artificial intelligence can augmented human capabilities. This includes considering cultural factors, such as how artificial intelligence systems must conform to the conventions that underlie human interaction and communication. Such as, when should such machines systems “listen” and when should they “speak up”? It follows that when humans are asked to rely on machine guidance to support decisions we need to better understand the strengths and weaknesses of the artificial intelligence.
Commenting on these different solutions for society, Stanford President Marc Tessier-Lavigne states: “Now is our opportunity to shape that future by putting humanists and social scientists alongside people who are developing artificial intelligence.”
He adds: “This approach aligns with Stanford’s founding purpose to produce knowledge for the betterment of humanity. I am deeply thankful to our supporters who are providing foundational funding for the institute, which is a critical element for our vision for the future of Stanford University.”
More about Stamford, Artificial intelligence, HumanCentered Artificial Intelligence, Humanity
Stamford Artificial intellige... HumanCentered Artifi... Humanity
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Electronic books Literature by country Greek Literature
This Greek tragedy, also known as Oedipus Rex, was first performed ca. 429 BC. The play was the second of Sophocles' three Theban plays to be produced, but comes first in the internal chronology of the plays, followed by Oedipus at Colonus and then Antigone. Over the centuries it has come to be regarded by many as the Greek tragedy par excellence.
Much of the myth of Oedipus takes place before the opening scene of the play. The main character of the tragedy is Oedipus, son of King Laius of Thebes and Queen Jocasta. After Laius learned from an oracle that "he was doomed/To perish by the hand of his own son," Jocasta binds his infant son's feet together tightly with rope and delivered him to a servant with orders to kill the child. Instead, the baby was found and rescued by a shepherd who named him Oedipus (which actually means "swollen foot").
(From Wikipedia, description text under GNU Free Documentation License (GFDL))
Edition from Bookstacks.org
Free ebook to read in PDF
Electronic books / Authors from A to Z / Authors from R to Z / Sophocles
Electronic books / Literature by country / Greek Literature
Electronic books / Theater
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Church to meet to decide on split from state
APOSTOLOS LAKASAS
TAGS: Religion, Church
The hierarchy of the Church of Greece is to convene an emergency meeting on Thursday to reach a decision regarding the government’s proposal for the separation of Church and state after the first round of talks between a special committee of clerics and the Ministry of Education and Religion ended last month.
The Perpetual Holy Synod called the three-day meeting of the country’s 82 bishops after it concluded on Friday that it needed their authorization to negotiate with the government on the most contentious aspect of the latter’s proposals, which foresees some 8,700 clerics being taken off the state payroll.
Until now the Church of Greece and the Istanbul-based Ecumenical Patriarchate, which has jurisdiction over several parts of the country, have stated their categorical opposition to the government proposals on changes to labor laws governing the priesthood.
Moreover, a Church source has told Kathimerini that the payroll changes are a “red line.”
For its part, the government is reportedly insisting on a take-it-or-leave-it approach – namely that all articles outlined in the deal for the separation of Church and state must be accepted or it will be scrapped in its entirety.
Archbishop Ieronymos, who agreed in principle last year with Prime Minister Alexis Tsipras for the separation of Church and state, has said he will back the clerics’ decision regarding the payroll changes.
The government’s proposal stipulates that the deal must be first signed by the Church of Greece before it goes to Parliament for ratification.
Separately, the Perpetual Synod also decided to defer its decision on the recognition of the Ukrainian Autocephalous Orthodox Church until October.
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Doom and Gloom
Doom and Gloom : Phrases
A feeling of pessimism and despondency, often with regard to business or political pospects.
The phrase 'doom and gloom', which is also seen in its variant for 'gloom and doom', sounds as though it might be quite old - Shakespeare or the Bible perhaps? Strange to say, but it isn't remotely old enough to be either. Shakespeare did take the word 'gloom' and coin the adjective 'gloomy', but he didn't associate 'doom' with either of them. Neither of the words 'doom' or 'gloom' appear, singly, let alone together, in the King James Version of the Bible.
It is a late 19th century phrase and it began to be used in US newspapers in the early 20th century - for example, this piece from The New York Times Magazine, January 1939:
"Is the situation, after all, as bad as the prophets of gloom and doom would have us believe?"
The expression's use was initially limited to finance and politics and wasn't commonplace in the wider language until it became popularised via the 1947 stage show Finian's Rainbow. Harburg and Saidy's musical was a great popular success and was turned into a film in 1968. The character Og, a pessimistic leprechaun, repeatedly used the rhyming phrase thus:
"Doom and gloom... D-o-o-m and gl-o-o-m... I told you that gold could only bring you doom and gloom, gloom and doom."
The phrase was began to be used by US political commentators in the 1950s, possibly due to the success of Finian's Rainbow. By the 1970s and 80s, also possibly influenced by the success of Finian's Rainbow, this time of the 1968 film, it was it was used in reference to pessimistic forecasts about the economy, nuclear disarmament and later the environment.
The BBC had a hand in spreading the use of the the word 'doom' and hence 'doom and gloom' in the UK. In 1970 they broadcast an influential science fiction television series called Doomwatch, which highlighted various potential doom-laden threats to civilisation. Between 1968 and 1977 (and seemingly forever since via interminable repeats) they also broadcast the popular comedy Dad's Army, in which the lugubrious Private Frazier, played by the Scottish character actor John Laurie, would shout out "We're doomed, I tell ye!" in virtually every episode.
Phrases Index
From Doom and Gloom to HOME PAGE
© Copyright 2019 english-for-students.com.
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Ambulance Chaser Definition:
One who follows up cases of accident and tries to induce the injured party to bring suit for damages.
"A person, either a lawyer or the agent of a lawyer, who follows up cases of accident in the streets and tries to induce the injured party to bring suit for damages."
These were the words adopted by the Supreme Court of Michigan in the 1927 case, Kelley v Boyne. There, the court added:
""Ambulance-chaser ... is said to have originally been applied to the unseemly activities of overzealous undertakers in too promptly soliciting contracts in their line of business..."
In a 1916 case, the lawyer was disbarred for ambulance-chasing. The Supreme Court of New York described the case before it (In re Newell) in the following terms:
"Learning of an accident, from which a negligence action might probably arise, through the newspapers or from any other source, (the attorney's agent)... would promptly proceed to the place of accident, interview the person injured, or in the case where death had ensued, the members of his family, present to them his view of the case, recommend the retaining of the respondent's law firm....
"(O)ne who solicits negligence cases for an attorney ... may properly be called an ambulance chaser.... Ambulance chasing has brought deserved discredit upon those engaged in it.... (I)t is a practice disgraceful for a member of the legal profession.... (I)t is also a practice which is unprofessional, and destructive of the honor of the profession and of the confidence of the community in the integrity and honor of its members....
"We think there never was a time in the history of the profession of the law when conduct such as that of the respondent was tolerable from any point of view.
In his 1964 book, Richmond, Virginia lawyer John may tells this amusing ambulance-chaser story:
"The court and jury were quietly listening to a little old woman describing an automobile accident in which she had been involved and upon which she was basing her suit for damages. Things were going along smoothly until her lawyer asked her, "And what next to you remember, Mrs. Green?" to which she replied, "The next thing I remember is you helping me out of the car."
In re Newell, 160 N.Y.S. 275 (1916)
Kelley v Boyne, 214 N.W. 316 (1927)
May, John G., Courtroom Kicktales (Charlottesville, Virginia: The Michie Company, Law Publishers, 1964), page 34.
Duhaime's Tort and Personal Injury Law Dictionary
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Current Section: Duhaime.org » Legal Resources » Consumer & Commercial
Shareholders, Directors and Officers: The Corporation’s Leadership Triumvirate
Every organization, be it a corporation, a not-for-profit agency or even a large partnership, needs a hierarchy for decisions to ultimately be made and carried out.
It is said that a successful business is either growing or dying - there is no in between.
In that context, a leadership hierarchy is essential.
For corporations, the traditional triumvirate between shareholders, directors and officers has withstood the test of time.
Shareholders are, well, holders of shares!
They are the owners of the company.
If the company were ever wound up, the shareholders would distribute the proceeds prorated between them based on the number of shares each held.1
There are many different kinds of shares but for the purpose of this article, the only shareholders that count are those with voting rights.
Typically, and annually, the owners of the corporation (the shareholders) get together in a formal meeting usually called the Shareholders Annual Meeting or even Annual General Meeting (AGM).
Usually a shareholder does not have expertise in the business of the company or if he or she does, there is a lack of appreciation for the entire business of the corporation such that any specific proposal made by a shareholder in terms of the operation of the company may not make financial sense in the whole context of the corporation at that time.
While any number of weird or unusual proposals may be put by shareholders to their colleagues at these meetings, the point of a shareholder AGM is usually threefold: to approve ongoing or novel business plan proposals; to receive, consider and approve the financial documents for both the past fiscal year and the budget for the upcoming fiscal year; and to re-elect or fill vacancies or replace membership on the board of directors.
Except for very small corporations, shareholders do not manage the company on a day-to-day basis. Their primary objective is a return on their investment. They do not buy shares to produce the world's greatest coffee or best running shoes. They leave that to management and business administration experts. All the shareholder usually wants is profit: a dividend.
For the shareholder, the best way to make sure the corporation makes money is to higher experts in management and administration and go away and let them do their job. This, they do by electing directors.
At the corporation's AGM, a slate of directors will be presented to the shareholders for approval by majority vote.
There is no pecking order between voting shareholders with the exception of the chairman, chairperson or chair and secretary of the AGM, both having considerable authority on matters of process and procedure subject, of course, to any corporate procedure statute or internal bylaws that might apply.
Once elected, directors are given considerable freedom to run the business. Where a director performs poorly, they would not likely be reappointed. Alternatively, successful directors are often kept in their positions for years.
Shareholders do retain a pair of eyes amidst the directors in the office of a Corporate Secretary (often combined with the office of General Counsel) who will also serve as a formal liaison person for the shareholders and the separate legal entity of the corporation.
The Canada Business Corporations Act, at §102, asserts a typical rule of law as regards the jurisdiction and authority of the directors:
“Subject to any unanimous shareholder agreement, the directors shall manage, or supervise the management of, the business and affairs of a corporation.”
The committee of directors is usually known as the Board of Directors. It is the most powerful decision-making body of any corporation.
To reflect this reality, note the law as stated in the Corporations Code of California:
“The business and affairs of the corporation shall be managed and all corporate powers shall be exercised by or under the direction of the board of directors.”
More specifically, the duties and responsibilities of directors, as is the case with officers, where applicable, are set out in the corporation's bylaws, also sometimes known as the company’s articles or regulations.
Another legal document might impact upon the legal authority of a directors, the shareholder agreement. Typically, a shareholder agreement will enable a small corporation to select one of the shareholders to act as director, to be the company manager.
It is not a requirement that directors hold shares; i.e., be shareholders. They are frequently employees of the corporation.2
But for large, multinational corporation, the preferred model is to populate the board of directors with non-employee individuals.
For example, circa 2009, the board of directors of Microsoft Corporation included, as chairman, Bill Gates. No employees of Microsoft sat on the board of directors except for Steve Ballmer, the chief executive officer.
The same situation prevailed at Nike where the founder, Phil Knight, was chairman of the board of directors. Nike has a president, who is also chief executive officer.
While most corporations do not preclude shareholders from becoming directors, or directors from buying shares, you will find statutes which prohibit a minor or a bankrupt from being a director of a corporation.
Some jurisdictions also try to control for content of corporations by restricting the number of non-resident directors.
The job of a director is to organize the business in an efficient fashion and which maximizes the profit of the business in the short and long term. Directors are almost always appointed based on merit and not on wealth.
Typically, the most senior director will be called chief executive officer (CEO), executive director or president.3
Under the general authority of, and reporting to a CEO, at least as regards a large corporation, one would find a chief financial officer (often also the Treasurer), a corporate secretary, a general counsel and a number of other offices which may or may not go by the title of vice-president(s).
For corporations which operate over a large territory, vice-presidents may be assigned to specific components of that territory such as, for example, Vice President, Western Division.
For corporations which are require technical knowledge, director ships or vice presidencies might be assigned by specialty such as, for example, Vice President, Engineering.
For smaller companies, directors might be assigned to operate complete components of the business, under the general supervision of the CEO.
The source and employment status of directors will vary from corporation the corporation depending on the size of the corporation and the nature of its business.
The directors meet regularly, weekly, monthly, quarterly or at the call of the CEO, and is usually chaired by the CEO, which explains why that position is often known as President.
For larger corporations, the company is too large for the director to have anything but a macro view of his or her area of authority. This situation requires deployment of a further management level, the appointment of officers.
Officers are on the front line of management.
The primary legal indicator of an officer is whether the corporate bylaws or constitutional documents declare that position to be that of an officer.
In the absence of a clear definition in the bylaws of a corporation, other legal indicators include that he or she was appointed by the board of directors, or has access to some confidential corporate information.
If, on an organizational chart, the employees are set out at the bottom, the officers would appear above the employees as reporting to their respective directors who, in turn, report to the CEO.
Officers are rarely appointed by the shareholders. Officers are usually appointed by directors in order to provide front-line, management level supervision of regular employees.
Almost like a military set up, officers report to the board of directors through a director, and a board of directors communicates to an officer through his or her director.
An example of officers might include a small team of chartered general accountants will report to the chief financial officer; or a small team of corporate counsel report to the General Counsel who, in turn, reports to the CEO; or a team of factory supervisors.
CONFLICT OF INTEREST AND FIDUCIARY DUTY
Directors and officers, as members of the management of the corporation, have a fiduciary duty to the corporation. The essence of that duty is that they must not place themselves or their private interests in conflict with the best interests of the corporation.
A good reflection of the common law duties of a director or officer, as codified in the statute, can be found at §142 of the Business Corporations Act of British Columbia:
“A director or officer of a company, when exercising the powers and performing the functions of a director or officer of the company, as the case may be, must act honestly and in good faith with a view to the best interests of the company, exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances ...and subject to ... (the above), act in accordance with the memorandum and articles of the company.”
Business Corporations Act, S.B.C. 2002, c. 57
California Corporations Code, §300(a)
Canada Business Corporations Act, R.S.C. 1985, c. C-44
Duhaime, Lloyd, Consumer and Commercial Law
Duhaime, Lloyd, Legal Definition of Corporate Secretary
Duhaime, Lloyd, Legal Definition of Director
Duhaime, Lloyd, Legal Definition of Officer
Note 1: This, however, might be superseded by a share-holders agreement or by a specific right assigned to a privileged share.
Note 2: Under certain circumstances, it might be appropriate to have a non-employee (such as an independent contractor) act as director but other than temporary or emergency situations, these situations would necessarily be rare since the motivation, duties and responsibilities towards the corporation of the employee are far in excess of those owed by an independent contractor.
Note 3: In some jurisdictions, the word President is reserved for the person who chairs the shareholder AGM.
Last updated: Wednesday, November 2, 2011
By: Lloyd Duhaime
In my travels, I once saw a sign called "The Two Men at Law". One of them was painted on one side, in a melancholy posture, all in rags with this scroll: "I have lost my cause." The other was drawn capering for joy, on the other side, with these words: "I have gained my suit". But he was stark naked. Benjamin Franklin
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By Ellis Bacon June 29, 2018 1:20pm
Updated: July 06, 2018 2:46pm Race: Tour de France
Adam Yates: To lead the Tour de France team is an honour
Mitchelton-Scott leader ready to take advantage of any opportunities
Adam Yates (Mitchelton-Scott) wins stage 7 of the Criterium du Dauphine
Adam Yates put in a good performance
Adam Yates and Geraint Thomas, attentive near the finish
Romain Bardet attacks with Adam Yates on his wheel
The podium places for stage 6 of the 2018 Tour of California: winner Egan Bernal (Team Sky) with Mitchelton-Scott's Adam Yates and Sky teammate Tao Geoghegan Hart
(Jonathan Devich/Getty Images)
With just over a week to go before the start of the race, Mitchelton-Scott's Tour de France leader, Adam Yates, is raring to go.
Dauphine: Adam Yates at 85 per cent with Tour de France in mind
Adam Yates: I should be 100 per cent at the Tour de France
Ewan misses out as Mitchelton-Scott back Adam Yates for Tour de France
All for Adam Yates: Analysing Mitchelton-Scott's Tour de France selection
Dimension Data all behind Mark Cavendish at Tour de France
The British climber has been cast as the undisputed leader of the Australian team's eight-man squad – to the detriment of Caleb Ewan, who had been expected to be named on the team for the sprint stages.
"I was pretty disappointed for Caleb," Yates told the press on Thursday. "I was out there with him in California when we did a training camp in Lake Tahoe before the Tour of California, and all the team was working well together, and getting ready for the Tour. But management changed their mind, and that's how it is. There's more pressure on me now, but it doesn't really change anything too much for me."
Yates went into May's Tour of California unsure of how well he would go, having had to battle back from a broken pelvis sustained at the Volta a Catalunya six weeks previously. He ended up taking fourth overall there, after finishing third on stage 2 behind Egan Bernal (Team Sky) and Rafal Majka (Bora-Hansgrohe), and second to Bernal on the queen stage to Lake Tahoe.
Yates then rode the Critérium du Dauphiné, where he rode strongly and consistently in the mountains, and then won the final stage to secure second place overall, just a minute behind winner Geraint Thomas (Team Sky), and 47 seconds ahead of big French hope Romain Bardet (AG2R La Mondiale).
"I obviously came out of the Dauphiné really well, having felt as though I was getting better with every stage," said Yates. "Training's been going well since then, and I'm feeling good. Everything's slotting into place. But training's a lot different to racing, so you don't really know how you're going until you start racing again.
"At pretty much every race we go to now, we've got a GC leader," he continued, referring to the team's change of focus from being one capable of getting in the mix on all kinds of terrain, to one with a roster that can be competitive at the Grand Tours. "We're pretty experienced these days, and everyone has a job to do, so it's a case of putting it all together and not making any silly mistakes."
Rather than identifying any particular mountain stages on which he can shine, Yates suggests that he's approaching this Tour with a focus on consistency on a daily basis.
"It's about picking up seconds here and seconds there," he said. "Two years ago, when I was fourth at the Tour, we weren't initially targeting the GC, and just sort of fell into it, and then just took it day by day. It is a little bit different going to the Tour as a GC leader from the start, so we just have to try to do everything right from day one.
"The Tour de France is the biggest race in the world, so to go there as the leader of the team is a big honour," he continued. "There's a lot of pressure, but we've got a good strong team around me, and it's an opportunity. We have to take those opportunities when we can."
Yates wasn't going to be able to get away without being asked about whether compatriot Chris Froome should be at the race when his salbutamol case is still hanging over him, but the 25-year-old was suitably diplomatic.
"The rules say he's allowed to race, and it doesn't change my race preparation. Is he the favourite? Well, he's won four Tours, so I hope he is. If I'd won four Tours, I'd hope I was," Yates laughed. "Sky are going to take a strong team, as always, and he'll be the guy to beat."
As to whether Froome might be tired after having raced, and won, the Giro d'Italia, Yates said: "We'll see, won't we? In the past, riders who have done the Giro and the Tour have come up short. It's a tricky one to manage. But, at the end of the day, it's still Chris Froome, and he's won a lot of bike races, so you can never count him out. We'll just have to take advantage when we can, as will everyone else."
Alongside Froome, Movistar and their three-pronged attacking line-up of Nairo Quintana, Mikel Landa and Alejandro Valverde will be ones to beat.
"All three of them are super-strong," Yates agreed, "and all three know what they're doing. They've all been to Grand Tours before. Obviously, they're going to be aggressive, and they've got options. But, that could work to my advantage if they're aggressive, and help to gain some time over some of the other GC guys."
Yates repeatedly pointed to the first nine days of this year's Tour as being important, but not absolutely key, to his race.
"We've got pretty much nine stages of flat before the first mountain stages, on which the team has got to look after me," he said. "But it's more about limiting our losses.
"We have got the team time trial on stage 3, and we've got a really strong team for that," Yates said, suggesting that the team could be in the frame for the stage win. "But there are not a lot of other stages to gain any time on. It really is more about not losing time."
Stage 9, from Arras to Roubaix, features a number of sectors of cobbles, and is being described as a 'mini Paris-Roubaix'. Many of the GC contenders are rightly worried about the stage, as a number of bids for overall victory could come unseated – literally in some cases. Yates, however, is not unduly worried.
"I raced on the cobbles quite a lot as an under-23 rider, so it's not going to be the first time for me," he said. "And I did a recce of the stage not long ago with Mat Hayman, who obviously knows what he's doing, so he gave me some tips. There are a lot of other skinny climbers, like me, who are going to suffer, but I've got a strong team around me, with a lot of big guys who can look out for me, and, as I said earlier, this first week is going to be a lot about limiting losses.
"I don't think you can win this Tour in the first nine days, but you can lose it, so we'll just have to try our best to stay out of trouble."
Expectations raised after twin brother Simon’s Giro d'Italia exploits
Briton comes good at the Dauphine with stage win and second overall
Australian team solely built around Yates
No place for Cummings as African team targets sprints finishes
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9 Aug '11
Breast cancer screening “proves its worth”
by a a,
Recent articles: “Better late than never”, Fifth column: Who wants the 16?, Offside
The Flemish Agency for Care and Health (VAZG) has restated its commitment to breast cancer screening for women between 50 and 69, following reports last week on an international study which called systematic screening into question.
Every year, some 1,300 women die of breast cancer in Flanders, the most common form of cancer among women, and the leading cause of death. Since 2001, the Flemish government has supported routine twice-yearly scans for women aged 50-69. In 2009, more than 182,000 women, or just under half of the target population, turned up for screening. Since 1989, deaths from breast cancer have fallen by a quarter, and in the developed world, the numbers show a steady decline.
But in an article published in the latest issue of the British Medical Journal, a Lyon-based study suggests that screening is useless and that the fall in deaths can better be attributed to improved medical techniques employed once a tumour is detected. The study compared six regions in neighbouring pairs: Sweden and Norway; Northern Ireland and the Republic; and the Netherlands and Flanders. The study found that Flanders and the Netherlands had a similar evolution of breast cancer death statistics, despite the Dutch introducing routine screening a decade before Flanders.
Opponents of the programme point to the cost – €65 for each scan – as well as the number of false positive results. And for every woman undergoing a scan, there is a risk from exposure to radiation.
But according to the VAZG, between 23% and 30% of breast cancers are detected in an early stage, which means less invasive treatments and a survival rate after five years of up to 93%. “Breast cancer screening proves its worth every year,” a spokesperson said.
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19 Jul 2019 by Lisa Bradshaw
Mobility minister Ben Weyts has approved a new set of regulations for taxi companies and drivers meant to simplify procedures and create competitive pricingFull story
The Brussels Capital-Region has announced the formation of the next five-year administration, the first of the three regions to complete coalition negotiations following the May electionsFull story
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Topic: River Wey, Dorset
Rivers of the United Kingdom
River Wey
Radipole Lake
River Culm
River Truro
River Axe, Devon
River Wallabrooke
River Noe
River Bourne, Wiltshire
River Mole
River Blythe
River Avon, Devon
River Parrett
River Wey at AllExperts
The River Wey in Surrey is one of the Waterways in the United Kingdom and a tributary of the River Thames.
The river is navigable for around 32 km from Godalming to the Thames at Weybridge to the south-west of London.
The Basingstoke Canal and Wey and Arun Junction Canal were later dug to connect with the Wey navigation.
en.allexperts.com /e/r/ri/river_wey.htm (297 words)
Upwey, Dorset Information
The village is situated on the A354 road in the Wey valley and has been absorbed into the Weymouth built-up area and is four miles north of the town centre in the outer suburbs.
During the Census 2001 the combined population of Upwey and neighbouring Broadwey was 4,349.
The River Wey rises at the foot of the chalk ridge of the South Dorset Downs, which rise above Upwey to the north, and flows through the village.
www.bookrags.com /wiki/Upwey,_Dorset (158 words)
Dorset Premier League - The Dorset Premier Football League is a football league formed in 1957 under the name Dorset Football Combination League when a number of senior clubs within the county became disillusioned at being dictated to by junior and minor clubs.
Dorset College is a woman's vocation, but she is conflicted between her desire to marry a wealthy man and her uncontrived and satisfying plots, often involving love and courtship..
Dorset is a college in Vancouver, Canada Lords of Dorset Thomas Grey, 1st Marquess of Dorset Thomas Grey, 1st Marquess of Dorset Thomas Grey, 1st Marquess of Dorset Thomas Grey, 1st Marquess of Dorset Thomas Grey, 1st Marquess of Dorset Dorset is also a municipality in Tasmania, Australia.
ftp.thetangerineturtle.com /Dorset.html (1697 words)
River Wey & Navigations : Background information about the Wey Valley
The maintenance responsibility for the Wey Navigation and Godalming Navigation is considerable and was one of the reasons why Harry Stevens, of the Wey’s influential barge building and river transportation family, donated the Wey Navigation to the care of the National Trust in 1964.
Boats using the Wey Navigations are restricted in size by the dredged depth of water, dimensions of locks and bridge clearance providing for a maximum length of 73 ft 6 in (22.4 m), a beam of 13ft 10 in (4.2 m), a height of 7 ft (2.13 m) and draught of 3 ft (0.91 m).
The stretch of the river that historically has had the biggest incidence of erratic water flow is that on the upper reaches of the North Branch between Alton and Farnham.
www.weyriver.co.uk /theriver/getknow.htm (3491 words)
Dorset Scenery (Site not responding. Last check: 2007-10-04)
River Wey, Dorset - The River Wey is a short river in Dorset, south west England.
The river springs from the South Dorset Downs, a ridge of chalk hills that separate Weymouth from Dorchester.
Cape Dorset, Nunavut - Cape Dorset (Inuktitut: Kinngait; Syllabics: á‘áµáᑦ) is located on Baffin Island in Nunavut, Canada, and is served by Cape Dorset Airport.
internal.tmadata.com /Dorset-Scenery.html (1054 words)
William Bucklin, Part 2, American History, Rhode Island, Genealogy
It was at the mouth of the Wey river." And according to George
For several centuries thereafter, until the river filled and the river mouth and harbor moved southward, Radipole was at the mouth of the river Wey, and could have been known as Wey
Roman galleys sailed up the River Wey as far as Radipole where they could be beached and cargo unloaded for transport to the Roman Town of Durnovaria (Dorchester).
www.bucklinsociety.net /wm1_story_part2.htm (852 words)
River Wey (Site not responding. Last check: 2007-10-04)
:''This article is about the River in Surrey, for the River in Dorset see River Wey, Dorset.'' The River Wey in Surrey is one of the Waterways in the United Kingdom and a tributary of the River Thames.
The Godalming Navigation near [[Godalming]] The improvements in the navigation of the River were undertaken by Sir Richard Weston, begiining in 1635.
It was then donated to the National Trust in 1964 and they have a visitor centre at Dapdune Wharf, a former boatyard in Guildford.
river-wey.iqnaut.net (239 words)
News | TimesDaily.com | TimesDaily | Florence, AL (Site not responding. Last check: 2007-10-04)
Weymouth is a town in Dorset, England, situated on a sheltered bay at the mouth of the River Wey on the English Channel coast.
Dorset South was the second most marginal seat in the 2001 elections, being only won by 153 votes.
The harbour is long and narrow, and formed the estuary of the River Wey, until the building of a bridge which separated the harbour's backwaters from Radipole Lake.
www.timesdaily.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Weymouth,_Dorset (3322 words)
Marine Technologies - Dorset For You
There is evidence to show that Roman Galleys sailed up the River Wey as far as Radipole, where cargo was then unloaded for transportation to Dorchester.
Dorset's coastline and marine environment makes this a favoured location for the marine leisure activities and related businesses, such as fishing, diving and sailing.
Dorset's coastal waters are well known for sailing, with international competitions held in Portland harbour, where the new Weymouth and Portland Sailing Academy is under development at Osprey Quay.
www.dorsetforyou.com /index.jsp?articleid=3141&articleaction=1018 (483 words)
Weymouth,Dorset,England - Upwey Village, History & Heritage
Nestling quietly in the valley of the Dorset Ridgeway is Upwey, sometimes spelt Upway.
It is most well known for its romantic setting of the Wishing Well at the spring of the River Wey.
The river at Upwey is very picturesque, in places a shallow brook gently meandering through the valley.
www.weymouth-dorset.co.uk /upwey.html (759 words)
The river is navigable for around 20 miles from Godalming to the Thames at Weybridge to the south-west of London.
It was made navigable in 1653 to allow barges to transport goods to London.
The river became to property of the National Trust in 1964 and they have a visitor center at Dapdune Wharf, a former boatyard in Guildford.
www.teachersparadise.com /ency/en/wikipedia/r/ri/river_wey.html (163 words)
River of Renown (Site not responding. Last check: 2007-10-04)
The river is often used as a route to one of the connecting waterways, the main ones being the Regents Canal, the Grand Union, the River Wey, The Kennet and Avon Canal and the Oxford Canal.
Wallingford is on a 6 1/2 mile stretch of river between Benson and Cleeve locks, the longest reach between locks on the whole river but Goring Lock follows Cleeve in just over half a mile, this being the shortest reach.
There are moorings on both sides of the river before the bridge, the municipal moorings close to the town having a £4 charge for 24 hours.
easyweb.easynet.co.uk /jim.shead/River-of-Renown.html (1493 words)
The list of Rivers of the United Kingdom is a link page for the rivers of the United Kingdom, organised geographically.
For simplicity, they are divided by the nation in which the mouth of the river can be found, and sea into which it flows.
river, canal, firth, estuary, tributary, river delta, floodplain, British Waterways
www.teachersparadise.com /ency/en/wikipedia/r/ri/rivers_of_the_united_kingdom.html (177 words)
Aliens in Dorset, 1525
Stoate transcribed and published in 1982 the 16th century Dorset lay subsidy rolls, and those for 1525 have been analysed to obtain a picture of the distribution, and where possible the occupations, of foreign-born residents in the county.
These twin ports, divided by the little river Wey, had traded regularly with France and the Low Countries for at least two centuries, and this accounts for their high place in the list.
The likeliest explanation of the Normans' presence hereabouts, as in the adjoining hundreds of Culliford Tree, St. George and Puddletown (which lay immediately behind the Wey ports), is that they were expert dairymen, makers of the cheeses and butter for which their native land was renowned, and were employed as such by the dairy farmers.
www.thedorsetpage.com /history/Aliens/Aliens.htm (2729 words)
River and lake swimming places
River Wey north of Guildford, near Jacobswell: not suitable for young children as steepish banks.
They are at the bend in the river behind the New Bradwell allotments near the Stonebridge roundabout and in the deep pool just to the West of the Railway viaduct, accessed from the Haversham Road picnic area car park.
He was not going to be dissuaded easily from river swimming and with his young sons Sam and Dave spent a lot of time roaming the countryside around Tunbridge Wells with ordnance survey maps looking for the elusive "ideal swim".
www.river-swimming.co.uk /otherplaces.htm (3504 words)
Weymouth,Dorset,England - Radipole Parish & Village history, Radipole Lake
The River Wey, which gives Weymouth its name, runs through the parish into the lake.
Although only a small river and having its source at Upwey a few miles away, it sometimes bursts its banks in winter.
In July 1955 after torrential rain fell on the hills above Upwey, the river flooded to such an extent that the bridge by Letterbox Cottage was severely damaged and some nearby cottages were later demolished.
www.weymouth-dorset.co.uk /radipole.html (902 words)
A Topographical Dictionary of England: Bincombe, Dorset
BINCOMBE, a parish in the liberty of FRAMPTON, Bridport division of the county of DORSET, 5 miles (S. by W.) from Dorchester, containing 178 inhabitants.
The living is a rectory with that of Broadway, in the archdeaconry of Dorset, and diocese of Bristol, rated in the king's books at £9.
The river Wey runs through the parish, in which are quarries of fine stone, and a mineral spring.
www.thedorsetpage.com /Genealogy/lewis/Locations/bincombe.htm (98 words)
Wm Bucklin immigrated from England in 1630
Probably for several centuries, until the harbor moved southward, Radipole was at the mouth of the river Wey, and it was known as Wey.
The nearby river was by 1665 known as the Weymouth River, which was one of the boundaries to the land stated in a grant from the Indians to the Hingham town fathers in that year.
The east bank of the river, Seekonk (Pawtucket) continued to be an area of religious dissenters who were not an approved group of persons by the Bay Colony for settlement in that area which they claimed as part of their colonial grant from England.
www.bucklinsociety.net /william1_bio.htm (2793 words)
Year 10 Geography Field Trip to Osmington Bay, Dorset
On May 12 a coach of enthusiastic students were on their way to Dorset to carry out some important field studies for GCSE geography, and to have fun.
The width of the river was measured by simply using a tape measure.
This was squirted into the river and a stopwatch was started, after the dye had travelled one metre the stopwatch was stopped.
www.rgshw.com /school/curric/geog/fieldtrip.htm (933 words)
WEYMOUTH HISTORY
The town itself lies at the mouth of the river Wey a short river of about 3 miles in length which enters the sea via two harbours separated by an opening bridge known as the Town Bridge which lifts from the centre upwards.
The mouth of the river Wey is boarded by a steep cliff on the Western side created by erosion, and a wide sandy bay and safe beach on the Eastern side which today is one of the main attractions of the town as a holiday destination.
Throughout the Saxon and Norman periods the Dorset Coast continued to see marine activity and there were attacks by the Danes for example around the year 982.
myweb.tiscali.co.uk /althea/Dorset/weymouth_history.htm (562 words)
BBC - Dorset - Features - Dorset's quirky place names
Dorset has its fair share of strange place names and until now, you might have wondered idly what they mean.
Most Dorset place names are of Old English or Anglo-Saxon origin. The oldest place names are of Celtic origin – river names like Cerne, Char, Lim, Trent and Wey.
Dorset wasn’t a place to live if you were a criminal.
www.bbc.co.uk /dorset/content/articles/2006/12/29/place_names_feature.shtml (503 words)
Jasmine Cottage | Upwey | Weymouth | Dorset
Jasmine Cottage is situated in the beautiful village of Upwey on the outskirts of Weymouth in Dorset.
The River Wey flows through the village and its source, known as the the wishing well, has attracted visitors since the 1790s when Weymouth became a fashionable resort.
In the 18th century a water mill was built on the river which was rebuilt in 1802; the water mill featured in Thomas Hardy's The Trumpet Major.
www.jasminecottageupwey.co.uk (488 words)
Towns to visit in Dorset
Is the county seat of Dorset (like a state capital).
A port town located on the mouth of the river Wey (hence the name).
It has been a port since at least the 12th century and is still today a major fishing port for the area.
england.visualenc.com /dorset/towns.html (1274 words)
Dorset -Tourist Information on the towns and villages in Dorset - Tourist Net UK guide
Dorset’s county town lies on the River Frome and was known as Durnovaria in Roman times.
One of the largest of Dorset’s towns, Ferndown is set amidst woodland and picturesque scenery, close to both the bustle of Bournemouth and the tranquil timelessness of the New Forest.
Lying on the River Stour in the Blackmore Vale, this is one of Dorset’s busiest and most northerly towns whose origins date back to the days of the conquering Saxons.
www.touristnetuk.com /So/dorset/towns/all.htm (3125 words)
Red Door VR Ltd. presents VR Weymouth - Guide to Weymouth, Dorset
Weymouth is very low lying (this is one of the factors which helps to protect it from frost and snow) and the eastern areas of the town experienced several sea floods during extreme low pressure storms, until in the 1980s and 1990s a high sea wall was constructed.
Beach nourishment and groynes ensure that the sand beach, important both for tourism and as a natural defense against the sea, is wide and has a shallow incline.
Radipole lake, an RSPB Nature Reserve and mouth of the River Wey is an important habitat for birds and fish.
www.vrweymouth.com /weymouth_frameset.html (938 words)
Reduced To A Mere Trickle (from Dorset Echo)
WILDLIFE along the River Wey is dying because a broken sluice gate has remained unfixed for three months.
Villagers in Nottington in Weymouth say that one of their favourite swans had to be put down after it broke its foot attempting to land on the rocky bed of the river.
Mr Bennett said the low river had led to a decline in wildlife in the village.
www.dorsetecho.co.uk /display.var.790234.0.reduced_to_a_mere_trickle.php (492 words)
Weymouth | Dorset Photos
The area of Weymouth has been a port for many centuries and evidence shows that Roman ships sailed up the River Wey.
Originally there were two ports on either side of the river, Weymouth on the south side and Malcombe Regis to the north, the site of today's shopping centre.
In 1571 the two towns were combined but it was not until 1597 that the first bridge was built to link the town across the river.
www.dorsetphotos.co.uk /dorset/places,8,Weymouth.html (680 words)
Radipole at AllExperts
Radipole is a part of the district of Weymouth and Portland in the county of Dorset, England.
Radipole stands at the head of, and is named after, the lake, now an RSPB nature reserve, into which the River Wey flows, and which leads into Weymouth Harbour.
There is some evidence of prehistoric occupation, and it is believed that the Romans had a small port or landing stage at the head of the lake.
en.allexperts.com /e/r/ra/radipole.htm (298 words)
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Chapter 6 - Food storage and processing for household food security
The post-harvest system
Post-harvest practices at household level
Post-harvest handling and storage
Reducing the labour of traditional food processing
Food quality and food safety
Ensuring an effective post-harvest system
This chapter focuses on storage, processing and distribution or marketing of food in sub-Saharan Africa. It stresses the importance of these functions and shows some of the ways in which they could more efficiently supply consumers with adequate and diversified food, thereby ensuring physical access and enhancing household food security. An efficient post-harvest and marketing chain promotes production and distribution in accordance with consumer needs and ensures that the costs of transfer from producer to consumer are kept to a minimum.
In many ecological zones crop production is seasonal, yet household food security depends on a regular and sustainable supply of food throughout the year. Thus an adequate crop and food system is needed, together with efficient processing and distribution of foods, to ensure equitable and adequate supplies at the national, district and household levels.
The following are the stages in the complete post-harvest system for cereals (UNIFEM, 1988):
· harvesting;
· pre-drying in the field;
· threshing;
· winnowing;
· drying;
· storage of grain;
· primary processing: cleaning, grinding, hulling, pounding, milling, grinding, tempering, soaking, parboiling, drying, sieving;
· secondary processing: baking, frying, cooking, extruding, blending, fermenting, roasting;
· packaging, marketing;
· utilization by customers.
Intervention points to improve food distribution and food and crop storage are identified in Box 25.
In general, potentially effective improved post-harvest technologies for grains have been identified. In future, the focus of post-production activities for grains should be on adapting the new technologies to specific environments and ensuring that they are economically and socially viable. For other crops, however, there is much potential for further technology development at the level of small- and medium-scale enterprises. For example, there is scope for derivation of new products with market prospects from traditional crops such as sweet potato.
Households make choices on how much to store and how much to sell depending on the market price, their own consumption needs, storage facilities and their needs for immediate cash. If the local distribution and marketing system is efficient, they can rely on food being available for purchase all the year round, but if they are isolated for at least part of the year through bad roads and lack of transport, their food security will be more at risk and home storage is likely to receive higher priority. A good marketing infrastructure, maintenance of rural roads and marketing services have profound effects on food availability, market prices and physical access to food at the community level.
The level of production is also affected by post-harvest prospects, market facilities and market information. Some perishable food crops such as roots and tubers may not be stored at all, but are simply left in the ground until they are needed. Other crops, if they are to be marketed, may be lifted at once and transported to market in fresh condition. Although in many countries central planning of production is now a thing of the past, there is still a need to orient producers on the needs of consumers. Inadequacies in information about demand, concerning quantity, location and product requirements, frequently lead to misallocation of resources and loss of markets. Under central planning or State purchasing arrangements the cost of such misallocation was absorbed by the government, but under a liberalized market system it is the farmer who suffers. The greater availability of market information should permit farmers to make more informed decisions about what and when to plant.
Box 25 - Improving food distribution and storage for household food security
Improving food distribution
Food should be equitably distributed but often is not, even where sufficient food is available. More equitable distribution can be achieved by:
· improving communications to ensure that excess stocks in one area reach another area that is short of the commodity;
· better trading facilities, i.e. more food markets and shops, better stocks of nutritionally valuable manufactured and preserved foods in village shops at reasonable prices, improved marketplaces and more cooperative-type food shops;
· promoting equitable distribution within the family to ensure a fair share of food, especially nutritious foods, for children and increased supplies of food for pregnant and lactating women;
· instituting midday meals in day schools, encouraging children to take food to school and improving meals in boarding schools;
· making available special foods for young children and developing special recipes for toddlers;
· paying wages weekly instead of monthly and encouraging better family budgeting;
· ensuring availability of midday meals, subsidized canteens or rations for labourers.
Improving food and crop storage
In some developing countries an estimated 25 percent of all food produced is never consumed by humans. Instead it spoils or is eaten by insects, rats and other pests. Measures to correct this situation can be taken in fields, households, shops and warehouses. These may include:
· control of rats by trapping, poison, rat-proofing grain stores, etc.;
· control of insects by use of insecticides, better food stores and airtight food containers;
· control of fungi and food rot by storage of food in as dry a state as possible and by use of better containers;
· control of birds by destruction, especially in millet and wheat areas;
· protective measures against monkeys, baboons, porcupines, wild pigs and other destructive animals, even elephants;
· educating people about safe and hygienic food storage at home.
Source: FAO, 1997a.
The dependence of much food production on climatic fluctuations means that variability in food output can never be completely avoided. Adequate on-farm storage is therefore crucial, not only to enable storage of surplus food items, but primarily to provide farmers with a food supply beyond the harvest period to ensure year-round availability of needed food for family consumption.
Storage of roots, tubers, bananas and plantains
Roots, tubers, bananas and plantains account for some 40 percent of total food supplies (in terms of food energy) for about one-half of the population of sub-Saharan Africa, where overall food supplies are at very low levels. Production could be increased to meet future needs, although consumption has been tending to decline. The decline has been associated with increased urbanization, which does not favour highly perishable and labour-intensive products. Further research into converting starchy roots into less perishable and more convenient food products for the urban population could help reverse these trends (see also discussion of urbanization in Chapter 4).
Most farming families adjust their production of perishable products such as roots and tubers to minimize post-harvest risks. Women farmers in the North-West Province of Cameroon produced potatoes as a cash crop but limited their production to the estimated quantity that could be marketed before the roads were closed by the onset of the rainy season. The producers believed that they could not store potatoes through the rainy season when transport was impossible. If a bumper harvest resulted in low prices or if they were unable to get all of the crop to market, they left the surplus in the field to rot This transport constraint to increased production was overcome, to some extent, by improved storage (see Box 26).
Fresh cassava tubers, once harvested, deteriorate rapidly and therefore are best left unharvested until needed. Sweet potatoes and yams, however, exhibit a period of dormancy, and their storage life can thus be extended by curing (see Box 27). Alternatively, yams, cocoyams and cassava may be stored in underground pits after harvesting. In a study in southeastern Ghana (Box 28 and Table 32), 91 percent of farmers surveyed practiced underground storage of unharvested cassava, but only 5 percent of the respondent households used this technique for yams.
Box 26 - Reduction of post-harvest losses in cereals and tubers at the village level in Cameroon (September 1979 to January 1982)
In the highest areas of northwestern Cameroon, potatoes were grown by women farmers as a cash crop. The major crop was harvested in July, but thereafter followed a two-month period of heavy rains during which time the traders did not come to the villages to buy potatoes because the tracks and roads were largely impassable. The village women, with no experience of successful potato storage, had no means of bridging the gap until late September or October and thus harvested and marketed potatoes in July at the low prices typical of a glut period. The remainder would be left in the field to rot.
A two-year project under the Special Action Programme for the Prevention of Food Losses therefore allocated resources to pioneer potato storage, and an experimental store of 7 tonne capacity was constructed using local materials. The store employed a temperature regulation system based on natural nocturnal ventilation. Initial results were encouraging; potatoes were successfully stored and marketed after the rains when prices were higher.
Adequate preliminary analysis ensured that this project took a step away from the narrow approach to storage. Storage was seen as part of the post-harvest continuum, a link in the production-storage-marketing-consumption chain. It was seen as a means of overcoming what was essentially a transport constraint. The project also demonstrated that the yields of the local variety of potatoes could be trebled by planting improved seeds which were readily available from the local research station at Bamui. There was little doubt that production incentives were being constrained by post-harvest factors which successful arrangements for storage and marketing would overcome.
Source: Adapted from FAO, 1987.
Box 27 - Storage of fresh cassava and sweet potatoes
Fresh cassava tubers deteriorate rapidly; therefore domestically grown cassava is sometimes left in the ground until the tubers are required for immediate consumption. This is an inexpensive and simple domestic storage strategy, but it imposes a constraint on the effective use of land for subsequent crops and reduces the processing quality of the tubers. Cassava should preferably be processed within 24 to 48 hours of harvesting.
If early processing is not possible, fresh, undamaged cassava roots may be stored for a short time by burying them in moist dust or sand. In Kerala, where 85 percent of India's cassava is produced, tests have shown that cassava roots, interlayered in 10-kg lots with cassava leaves, maintain their quality for four weeks. The interlayered cassava leaves not only provide an optimum temperature of 35° to 40°C and a humidity of 85 to 90 percent, but during drying they also slowly liberate small amounts of hydrogen cyanide, which may help to reduce microbial activity in the tubers.
In most parts of the tropics, sweet potatoes are harvested as required. Like other tuber crops, sweet potatoes exhibit a period of dormancy, which enables them to be stored for short periods. The storage life of many varieties can be greatly increased by curing.
Favoured conditions for curing are relative humidity of 80 to 90 percent, at 30° to 32°C, over a period of four to seven days. Curing promotes wound healing and suberization.
Damaged sweet potatoes may become infected with mould, and from time to time outbreaks of poisoning have been reported in livestock fed on the larger coarse-textured varieties. The toxins, called isomeamaranol and ipomeamarone, are believed to be metabolites produced by the growth of a mould on the tubers after superficial damage to the surface layers.
Source: FAO, 1989d.
Box 28 - Preservation and storage of basic staples in southeastern Ghana
There is a tendency to view the preservation and storage of harvested foodstuffs as the duty of women. In fact, they constitute complementary tasks for both sexes in the household. While women are basically responsible for processing most foods for storage, especially vegetables, men are responsible for the tasks of constructing the special storage structures for most of the staple crops. Ayirebi farmers prepare their foodstuffs for storage in a variety of ways, foremost of which is drying. In drying, the objective is to remove as much water from the food item as possible, thereby making it keep longer. The drying process may be conducted directly as in sun drying, where the sun's energy and the wind are utilized to evaporate water from the foodstuff, or indirectly, as in drying over a wood fire.
With the exception of maize, yams and rice, there are no specially designed local structures for storage of the food crops grown in the community. Such staples as cassava, cocoyams and some varieties of yams are kept either by delaying harvest until the crop is required or by storing underground in pits. The preservation and storage techniques in use for some selected basic staples among the 412 research sample households in 1983 are shown in Table 32.
Source: Dei, 1990.
Post-harvest handling and storage of cereal and legume grains
The post-harvest handling of cereal and legume grains presents different problems. For these crops, the drying stage is all-important, to reduce attack and damage from insects and fungi. In a study on maize losses in Swaziland, by far the greatest loss - around 15 percent - was caused by grain rotting during the field drying stage (see Box 29). One of the recommendations to overcome this problem was to reschedule the school holiday period to enable children to assist the women in timely grain harvesting. This study demonstrates the need to appreciate fully the constraints and strategies of existing farming systems, together with the significance of involving the target communities in the selection and introduction of proposed interventions before changes are introduced.
Table 32 - Preservation and storage techniques for staples used by 412 Ayirebi households in the 1983 farming season
Number of households adopting technique
Percentage of households adopting technique
Barn storage
Kitchen ceiling storage
Room storage
Underground storage (unharvested)
Pit storage (harvested)
Buttress storage
Sun drying/blanching for household receptacles
Underground pit storage (harvested)
Underwater storage (in household)
Cocoyams
On-farm storage is becoming increasingly important now that the role of marketing boards has been reduced and farmers are having to store much of their surplus on the farm for many months.
Traditional grain cribs for maize and other grains, including legumes, are shown in Figure 23. In humid areas, traditional grain cribs are ventilated structures used for both drying and storing grain. For effective drying, the walls should comprise up to 40 to 50 percent open spaces, depending on the relative humidity in the drying area. The maximum width of the crib depends on the mean daily relative humidity; under exceptionally humid conditions the width of the structure should be reduced (see Table 33). The maximum moisture content for safe storage of selected cereals and legumes ranges from 7 percent for shelled groundnuts to 15 percent for beans, with an average of about 13 percent for cereals, as shown in Table 34. It is often not possible to achieve these levels in humid areas. In ventilated cribs losses caused by mould, rats and insects range from 3 to 10 percent.
Box 29 - Strengthening the food conservation and crop storage sector in Swaziland (September 1980 to September 1982)
In Swaziland, maize is grown by 94 percent of the farmers and occupies 70 percent of the total cropped area. Swazi farmers produce primarily for home consumption and will sell, when they have a surplus, to deficit families in their own area. Only in good years, perhaps in three years out of ten, is there any substantial surplus for sale in the organized market. Swaziland already had a Food Conservation and Crop Storage Section (FCCS) in the Department of Agriculture, illustrating existing government awareness and commitment to overcoming constraints in the post-harvest sector but indicating that they had assumed losses to be most serious in storage. As well as developing improved grain storage at both farm and cooperative levels, FCCS, with external assistance, developed an improved maize drying crib and was concentrating on introducing this to farmers. FAO and its Special Action Programme for the Prevention of Food Losses supported both these programmes of work and undertook detailed loss assessment of the proposed interventions.
The maize loss assessment survey found average losses of 23 percent in drying and storage, of which by far the greatest loss was attributable to rotting of grain in the field drying period (~15 percent) prior to placing maize cobs in cribs for further drying and storage. Considerable loss reduction would be achieved by earlier harvesting and drying, but a shortage of family labour precluded this. The survey threw serious doubt on the usefulness of cribs when early harvesting does not take place.
The project's socio-economic survey covering 866 households found among other things that women were heavily involved in all aspects of maize handling and that harvests were frequently delayed to allow the participation of children during their school holidays. The following recommendations were based on this finding: "Early harvesting is important if major post-production food losses are to be avoided. As harvesting is done mainly by the women and children, the FCCS Section should reorient its extension efforts more directly to this target group. Early harvesting could also be promoted by giving school holidays in April. Beginning the first term in early January would still provide the required 62 to 65 days of schooling. The term should end in early April thereby releasing the children to assist their mothers with harvesting and storage. Early harvesting would also enable the cultivation of a second crop since the winter rains are generally sufficient for quick growing leguminous crops". Thus the better loss assessment surveys, which broadened their scope to look at the whole post-harvest system, provided the justification for a more radical imaginative approach to the reduction of post-harvest losses.
Source: FAO, 1987.
In the Ebli-Va, the traditional maize storage structure of Togo shown in Figure 23, maize cobs are placed on top of each other on a platform to form a circular wall. To allow for good fitting, the cobs have to be of uniform size. Sometimes the cobs are also slightly wetted to improve adhesion. After the wall has been made, bulk maize is poured inside the wall and the whole structure is closed with a thatched roof. If the platform is sufficiently high, a fire can be lit under the structure for insect control by natural fumigation. The smoke enters through holes in the platform and escapes through the roof. Thus the wall must have few openings, so the structure will function as a chimney.
In arid zones grain may be dried in the field, on the stalk, spread on mats or bags along the roadside or on threshing floors made for this purpose. The dry grain is usually stored in solid-walled silos or bins built with local materials or cement. If the grain is to be used for daily consumption and is initially dry and insect free, the use of insecticides is often not cost effective or necessary, as storage time will probably not exceed six months. Cow dung, which is used in the plaster of traditional silos, has insect-repellent properties. In some areas leaves of neem (Azadirachta indica) or small quantities of palm oil or groundnut oil are added to the stored grain as an additional protection. Well-maintained silos offer a high degree of security against rodents, birds and insects.
FIGURE 23 - Traditional grain cribs
Table 33 - Guidelines for crib selection based on mean relative humidity
Mean daily relative humidity
Recommended crib width
Source: FAO, 1993c.
Table 34 - Maximum moisture content for safe storage of selected cereals and legumes
Moisture content
(% wet basis)
Maize (shelled)
Maize, white
Maize meal
Milled rice
Bulgur wheat
Beans (haricot and horse)
Cowpeas
Pigeon peas
Green grams
Groundnuts (unshelled)
Groundnuts (shelled)
Storage problems may sometimes arise with the introduction of new, high-yielding varieties. Traditional crop varieties are often more resistant to storage pests than improved varieties. In eastern and southern Africa maize was introduced as a cereal crop and gained rapid acceptance. Under suitable climatic conditions and through the use of intensive cultivation techniques, it has been possible to realize much higher yields for maize than for indigenous grains such as millets and sorghum. Maize is resistant to bird damage in the field, although some improved varieties present problems in storage. Some high-yielding varieties have a larger cob which is less tightly bound by its sheath than the cob of the original introductions. In traditional maize storage structures the grain is stored on the cob in maize cribs. High-yielding hybrid maize is much more susceptible to insect attack, which leads to higher storage losses in these traditional structures. In a cost-benefit analysis in Zambia, the potential of building improved solid-walled bins to store the new grain varieties proved unconvincing (see Box 30). Thus the nutritional benefit to poor consumers of the introduction of high-yielding varieties is not a straightforward issue of increased yields.
Among cereals, the harder the grain the more resistant it is likely to be to pest attack. Traditional practices of storing unthreshed grains offer increased protection. For example, paddy rice is more resistant to pests than milled rice, and under village conditions, where fumigation or airtight storage is impractical, cowpeas are better stored unthreshed, as the intact, dry pods provide some protection against bruchids. Good husk cover can reduce field infestation in maize but only marginally reduces the rate of pest increase.
Improved storage methods
Where possible, post-harvest improvements in developing countries should be relatively simple and inexpensive. For small grain stores, simple improvements to make existing structures secure against rats and vermin and to facilitate the application of insecticides may be more appropriate than the construction of new, more sophisticated stores.
Box 30 - Introduction of solid-walled farm storage bins in Zambia November 1978 to October 1981) and village grain storage extension (October 1981 to October 1982)
In Zambia, the rain-fed maize crop was harvested once a year and therefore had to be stored for nine to 12 months for family use. About 65 to 70 percent (1 million tonnes) of the production was retained on the farm and the rest was handled by the National Agricultural Marketing Board. At farm level, the maize was stored on the cob in cribs. Each family stored about 1 to 2 tonnes for home consumption. No large-scale survey of storage losses of maize had been conducted, but a limited survey carried out earlier on selected farms showed a weight loss of 13 percent. The problem of storage loss was conceived to have increased with the introduction of hybrid maize varieties which are highly susceptible to insect attack in storage. FAO and the Special Action Programme for the Prevention of Food Losses trained extension workers and organized a series of demonstrations on how to build and use improved solid-walled bins (ferrumbu) which had been locally developed and tested for their technical performance but mainly under research station conditions.
In 1983 and 1984, as a follow-up, a technical loss assessment exercise and a socioeconomic survey were undertaken to evaluate the efficiency and appropriateness of the bins that had been already installed as demonstrations on farmers" premises. Reductions in storage losses in the new structures were not convincingly demonstrated. The cost-benefit analysis suggested that purely financial benefits would only be substantial in the short term to farmers who could avoid buying the equivalent of two bags of maize as a result of improved storage practices. This was equivalent to a 10 percent reduction of storage losses.
An appropriate innovation may be defined as one that resolves what is perceived as a key constraint in a traditional system at an affordable cost and yields substantial benefits without involving unacceptable changes in practices. The appropriateness of the new solid-walled bins in terms of the above definition was not comprehensively demonstrated.
The improved cribs shown in Figure 24 are well ventilated, allowing harvest at high moisture content. (Early harvest also reduces field losses.) Metal baffles fitted on the crib legs can protect against rodents by hindering their access. Ventilation more or less eliminates the mould problem, but there may be superficial germination in very wet conditions. Husks must be removed because of the high moisture content, and their removal exposes grain to insect attack; insecticide treatment - dusting or spraying is therefore necessary in most localities. Insecticides admixed initially tend to break down rapidly, but they can be reapplied, at least to the outside of the crib. Penetration is thus improved. The capital cost of such improved cribs is low to moderate, depending on the materials chosen. The durability of the cribs also depends on the materials. The recurrent cost is the pesticide.
FIGURE 24 - Improved grain cribs
Promotion of storage of cereals in solid-walled bins should also be accompanied by the introduction of improved shelling and threshing techniques, since in the bins cereals are stored in bulk. Hand shellers are too slow for the processing of large quantities of grain. An FAO project in the United Republic of Tanzania tested two manually driven maize shellers. By pressing the maize cobs against a rotating disc with spikes on both sides, it was possible to shell two cobs simultaneously. A bevel-shaped stripping wheel provided a rotary motion to the cob, ensuring an almost complete removal of grains. However, the manually driven shellers were not effective enough for village-level operations. Instead, small-scale farmers preferred to use hired labour to shell by hand, which proved to be more cost effective.
These studies illustrate the importance of examining the impact of changes on the whole food system from the point of view of the producer and the consumer. Labour costs at each stage must also be considered.
Despite stringent quarantine regulations, the introduction of new crops can also introduce new storage pests which render traditional storage structures inadequate. An example is the large grain borer in Tanzania (see Box 31). Traditional post-harvest grain handling and storage practices may need to be modified to reduce damage by such pests. Good storage practices are summarized in Box 32.
Box 31 - Larger grain borer control training project in the United Republic of Tanzania (May 1984 to April 1987)
The larger grain borer, Prostephanus truncatus (Horn), is a storage pest from the southern United States and Central America which was accidentally introduced into Tanzania during the late 1970s. By the mid-1980s, the larger grain borer had spread into 17 of the country's 20 regions. It can cause weight losses in farm-stored maize and dried cassava which are several times higher than losses caused by indigenous pests. After five months' storage, mean weight losses of 9 percent were found in maize, a much higher level than the losses of less than 1 percent which would be expected in areas of East and Central Africa that are free of larger grain borer.
A multi-donor-funded control and containment campaign coordinated by FAO, with aid-in-kind provided by the United States, the United Kingdom and the European Economic Community (EEC), recommended shelling the maize from the cob as soon as possible after the harvest, treating it with specified insecticides and storing it in a container which minimizes the risk of subsequent insect and rodent attack. These recommended practices are new to many small-scale Tanzanian maize growers who normally dry and store their maize on the cob in structures that have been adapted over many years to local conditions and customs and are constructed from locally available materials. The adoption of the recommendations involves small-scale farmers not only in major socio-economic changes but also in new untried (for them) practices of immediate shelling and the use of modified storage structures. The farmers' response to the extension message has varied widely, but the impact has been significantly greater in those communities in which there has been an extension push.
An attempt to measure the effect of the recommendations on maize storage losses showed that when food removals for home consumption or for sale throughout the year were taken into account, the real food loss during a season was less than 2 percent. Compared with the mean of 8.9 percent weight loss when spot estimates were obtained in 1984, these losses were very low.
The programme has increased awareness at all levels of the seriousness of the larger grain borer problem, and during its course government support and participation increased more and more. In most areas there is full support from the administrative and political leaders, and the legislation introduced to facilitate containment and control has contributed much to the present results. A distribution system for pesticides has been set up and sales are monitored. Government inspectors, extension staff and village officials have been trained in the correct control methods.
Box 32 - Good grain storage practice
The following points represent a suggested code of good storage practice, and thus offer a set of guidelines in the adoption of an appropriate storage system.
· Dry grain well before putting it in storage. The grain must be kept dry.
· Put only clean grain into containers which themselves have had all old grain, dust, straw and insects removed and burned, for they could recontaminate the new crop.
· Keep the grain cool and protect it from large changes in outside temperatures. This can be done in a number of ways - by using building materials (e.g. brick, mud, clay, wood) which do not easily pass on changes in outside temperatures to the stored grain, by keeping or building storage containers away from direct sunlight or by applying a coat of white plaster to the outside of the containers.
· Protect the grain from insects by following the rules for cleanliness and drying and putting the grain into an insect-proof store.
· Waterproof the buildings and containers as much as possible when the building is constructed. Storage buildings should be built on well-drained locations and not where they will be flooded by groundwater runoff during heavy rains. This can be achieved by raising the floor of the building off the ground.
· Make sure containers are rodent-proof in all possible ways.
· Check the grain regularly while it is in storage to make sure it is not infested. The farmer should put his hand into the grain to check for heating and should also smell the grain and look for dark kernels, signs of mould, which indicate that the moisture content is rising. If these signs are found, the grain should be tipped out and dried again.
· Provided they are used in accordance with the manufacturer's recommendations and conform with local government regulations, insecticides mixed into the grain prior to storage may be used to control infestation.
Source: UNIFEM, 1988.
Community storage for improved household food security (see Box 33) can be very effective, especially in remote areas where people do not have ready access to markets, in areas where markets are not functioning properly or in areas that are periodically threatened by drought-induced food shortages. Cereal banks, if managed effectively, can provide a safety net, especially for poor farmers. Farmers can then sell surplus food immediately after the harvest to buy household necessities, to pay children's school fees or to repay input loans for seeds and fertilizer. They can also purchase needed food at the lowest possible price before the harvest period when food is scarce and market prices are high.
Box 33 - Community storage for food security in Burkina Faso
Food security is sometimes jeopardized by badly organized marketing and distribution. The parastatal cereal authorities frequently only serve the interest of urban consumers and may find it almost impossible to distribute grain in times of deficit to remote villages where there are no proper roads or storage facilities. In Burkina Faso, some non-governmental organizations took the initiative of creating food supply mechanisms at village level. Known as "cereal banks", they are essentially storage organizations managed by the small farmers themselves, who are responsible for purchasing the cereal immediately after the harvest, storing it and selling it back to the villagers at the lowest possible price in the period of shortage. Although these cereal banks were set up in marginal and deficit areas, in normal production years, the villagers - or at least some of them - had a certain surplus and others sold part of their meagre harvest because they needed cash. The cereal banks ensured that cereals offered for sale did not actually leave the village, and savings were made on the cost of transport since cereals were purchased in the place where they were stored and distributed. Naturally, there had to be some organization, some storage infrastructure (small warehouses) and financial resources for the stocks, and villagers had to be trained to take over these new responsibilities. FAO's Special Action Programme for the Prevention of Food Losses was closely involved in these aspects and simultaneously encouraged the prevention of losses from the cereal banks through improved storage and handling techniques. Cooperative activities may provide one of several alternative channels through which post-harvest information can be extended to clients. Very likely, individuals will have an incentive to improve post-harvest methods in their own home.
Mycotoxins and the food supply
Mycotoxins are chemical substances that contaminate various agricultural commodities, either before or after harvest. Of these, aflatoxins are produced by the moulds Aspergillus flavus and Aspergillus parasiticus, which infect drought-stressed maize and groundnuts in the field. They also infect these crops and many others, including copra, cottonseed, pepper, other cereals, nuts, oilseeds, legumes and certain dried fruits, when the crops are handled improperly and stored under inadequate conditions. The toxic aflatoxin M1 can occur in milk from dairy cows fed contaminated feed.
Aflatoxins have been observed to cause liver cancer in laboratory animals. Together with the hepatitis B virus, they are seen as cofactors in the high incidence of primary liver cancer in tropical Africa. Chronic low-level exposure to mycotoxins may result in serious debilitating effects, especially for malnourished individuals. Animal studies indicate that youth and poor nutrition increase susceptibility to aflatoxins, as do certain specific vitamin and trace metal deficiencies. Protein supplementation of the diets of aflatoxin-exposed animals reduces toxicity. A speculated causal relationship between aflatoxin intake and the development of symptoms of kwashiorkor in malnourished children remains unproved despite considerable supportive information (Hendrickse, 1988).
International trade in agricultural commodities such as wheat, rice, barley, maize, sorghum, soybeans, groundnuts and oilseeds amounts to hundreds of millions of tonnes each year. Many of these commodities carry a high risk of mycotoxin contamination. Regulations on mycotoxin levels have been set by the Codex Alimentarius Commission and are enforced by most importing countries. Economic losses arising from the export of mycotoxin-contaminated food and feed are often very considerable. In domestic markets economic losses occur at various levels, from the commodity producers to the brokers, the processors and the animal producers.
Losses can be reduced by following good agricultural practices during pre- and post-harvest handling. Avoiding water stress, minimizing insect infestation and reducing inoculum potential are effective countermeasures, but it is often not practical for farmers with limited resources to implement them. The adoption of appropriate drying techniques, the maintenance of proper storage facilities and care not to expose the grains or oilseeds to moisture during transport and marketing can also help to reduce risks of contamination (see Box 34). Contamination and subsequent losses are often greatest at the national level, when the capacity for bulk transportation and storage of basic grains proves inadequate to meet the needs of a centralized distribution system.
Box 34 - Prevention of attack by fungi and development of mycotoxins during storage of grain
Prevention of attack by fungi, insects and other pests is of prime importance in post-harvest storage. The basic principles of grain storage are relatively simple. First, the product to be stored should be conditioned to a stable state in which respiration of the seeds and of associated microorganisms are reduced to a minimum. This is achieved by keeping the moisture content of the grain and the ambient humidity very low.
Second, the product should be placed in a container or structure that will maintain a suitable environment and prevent or restrict the entrance of insect and animal pests.
Last, the grain should be accessible throughout the storage period for additional treatment if necessary to maintain good condition, particularly with respect to heating and moisture absorption.
Since in many cases agricultural crops are seasonal, they must be stored from one season to the next. In rural areas, individual farmers have their own storage structures in which the grains are stored. The storage structures vary in construction type, size and materials used. Above-ground structures range from cubicles and small rooms to large warehouses. Masonry bins, wooden cubicles, straw and bamboo structures, and clay containers of baked and unbaked materials are used in the developing countries. For commercial purposes, storage structures may be silo-like elevators, large-scale bulk storage warehouses or bag-storage go-downs.
In order to prevent losses in quality or quantity, the product (crop) must be protected from insects, rodents, mould and biochemical deterioration. Protection from mould has become very important as a result of increased awareness of the hazards of mycotoxins to human and animal health. Temperature and moisture control are important considerations for prevention of moulding. Insect control is also important since insects may cause high-moisture pockets in the stored product, create sites for mould infection by penetrating the product and carry mould spores to infection sites. Processed products such as flour, meal and groundnut cake must be protected during storage since viable mould spores are present and if conditions are favourable for mould growth, mycotoxin may be produced.
Source: FAO/UNEP, 1979.
Foods are processed to improve their digestibility and to enhance their appeal to the consumer. Processing also serves to extend the availability of foods beyond the area and season of production, thus stabilizing supplies and increasing food security at national and household levels. A particularly important aspect of food processing is that it permits great diet diversity, giving consumers access to a wider choice of products and hence to a better range of vitamins and minerals than they would otherwise consume. The most basic level of processing is food preservation, which in a variety of forms has been practiced by families in traditional societies for generations to provide food when sources of fresh food are scarce. In many societies, however, and in Africa particularly in urban areas, many people now have access to more convenient commercially processed foods, and many of the traditional ways of contributing to household food security are dying out. This is not necessarily a desirable trend.
Village-based processing includes basic transformation activities such as milling as well as processing of products for which there is a potential market. Such processing, which can be done on an individual or group basis, provides employment for millions of rural people and is often one of the sources of income for rural women. The preparation of gari, a dried fermented cassava product, in West Africa and the smoking of fish in Ghana are examples of such processes, which transform highly perishable commodities into products that can be transported long distances and stored. Village groups, often with the support of donors and non-governmental organizations (NGOs), are now processing fruits and vegetables themselves. Where such ventures have been designed to preserve crops that would otherwise be discarded so that they can be consumed after the fresh season is over, few problems occur. Where village-based processing is designed to provide cash incomes, however. such schemes have often run into marketing problems because of a lack of management and marketing expertise and the failure to research the potential markets adequately.
On a larger scale, agro-industries convert commodities into processed foods which are usually more stable and more marketable than the raw, untreated commodity. They can thus make available certain types of food, e.g. animal protein, often at low prices, to consumers who would not otherwise have access to them. They can also ensure year-round availability of seasonal, perishable products and provide food in a more convenient form than the raw material. Where urban populations require processed foods in large quantities, mechanized processes with high output capacities are generally efficient and economic. Widely dispersed populations, on the other hand, may be better served by smaller-scale technologies. Food processing industries may be concentrated in urban centres or spread among rural communities where they offer the twin advantages of processing perishable crops and animal products close to their source and providing income for rural people.
Handling stages in processing
Primary processing refers to the immediate post-harvest handling activities. For cereal and legume grains, such activities include drying, threshing or shelling. Such operations reduce the fibre content and may extend the storage life of the foodstuff.
Secondary processing, or transformation, usually involves some alteration in the form of the foodstuff to facilitate its subsequent use. Cereal and legume grains may be cleaned, graded, tempered or parboiled, dehulled and polished or split into halves. Tubers may be peeled and sliced and then sun dried. Many grains are ground, pounded or milled and sieved to give various grades of meal or flour
Tertiary processing involves the conversion of uncooked materials into products and food combinations for human consumption. The processing may take place at a commercial level, as in the extrusion cooking of cereal-legume mixes or the production of commercial weaning foods, or at the domestic level in the preparation of family meals. Figure 25 shows methods of processing for some cowpea products prepared in Nigeria as snacks for street food sale and for household consumption.
Home- and village-based food preservation
Food spoilage may be reduced by controlling the availability of water to the organisms causing the spoilage and/or by lowering the pH of the food (see Box 35). The most common preservation technique practiced at household level in the tropics is sun drying; its importance for grain storage has already been emphasized. Drying is also often used to preserve meat and fish, fruits, roots and tubers and green leafy vegetables. The preparation of cassava flour from dried cassava is described in Box 36. Banana flour may be prepared in a similar manner.
FIGURE 25 - Flow chart for the preparation of ewe, akara, moinmoin and gbegiri, products of cowpea
Source: Akinyele, 1989. Reprinted with the kind permission of Butterworth-Heinemann Journals, Elsevier Science Ltd. The Boulevard, Langford Lane, Kidlington 0X5 1GB, United Kingdom.
Box 35 - Processing for preservation
Foods may spoil in many ways: by internal reactions between components, by reactions of the components with water and air, or by the enzymic and toxic effects of growth of microorganisms. The purpose of food preservation is to reduce the extent of deterioration by interfering with those reactions and slowing down the rate of growth of undesirable microorganisms.
That purpose may be achieved by raising or lowering the temperature or the pH of the substrate and by controlling contact with water and air. Water control is one of the most effective methods of reducing deterioration. It is most simply practiced by drying the food and reducing its water activity, as measured by relative vapour pressure. Vapour pressure is also reduced by the addition of salt or sugar. At low water activities, biochemical reactions and microbial activity are greatly restricted; extremes of pH have a similar effect, and many traditional processing methods are based on lowering the pH of the substrate, followed by heating or drying.
Cassava and banana may also be preserved by fermentation, followed by drying. The preparation of gari is outlined in Box 37. The preservation of ensete, a banana-type plant, is described in Box 38. In eastern Africa, cassava flour may or may not be fermented, and it is rarely consumed alone; the normal practice is to add varying proportions of it to a cereal such as sorghum or millet.
The preservation of leafy vegetables by sun drying is described in Box 39. In order to retain as much of the vitamin content as possible, the use of solar dryers is recommended (see also Chapter 5, Box 24). Pre-blanching of leaves and drying away from direct sunlight are also beneficial.
Box 36 - Preparation of cassava flour
Dried cassava
Fresh cassava roots are peeled, washed well, cut into large longitudinal strips, and thoroughly dried in the sun. These dried, split cassava strips are an important market product in Ghana, where they are called kokonte. They are a common sight drying on housetops, on small platforms, on the ground and along the edges of roads. The final product is light in weight and more or less white, depending on the care with which it has been prepared. Frequently, the surface is discoloured by fermentation and by mould infestation during the initial stage of drying.
Preparation of cassava flour
Cassava flour is made from dried cassava slices, either by pounding them in a mortar or by grinding them on a flat stone followed by sifting. It has a grayish-white colour and often has a rather acid and a faintly acrid flavour. The texture varies from coarse to fine, depending on the degree of milling and the extent of sifting. The flour is prepared for consumption by pouring it slowly into a pot of boiling water over a fire and continuing to cook it until the mixture forms a glutinous, translucent paste. The colour of the cooked product varies from cream to greenish-brown, depending on the mould infestation.
Cassava flour products: Ziga and mokale
In the Congo, cassava flour paste, called ziga, is an important local food. Usually it is allowed to cool and harden before it is eaten. It may be further processed by roasting or frying in coconut oil to make a variety of snack foods. A product called mokale is prepared in this way from a mixture of cassava and groundout flour. In Uganda, banana flour may be added to the cassava flour during the paste preparation.
Cassava flour In bread making
Cassava flour may be baked into a hard, flat bread, but the acceptability of such products depends on the quality of the flour. If it has high fibre content, it will adversely affect the texture of the product. Some varieties of cassava yield a flour with an acrid, bitter after-taste.
Box 37 - Cassava fermentation and drying for gari preparation at the household and community levels
Gari production at the household level
Gari is produced at the household level in many Nigerian villages. The most common procedure is to harvest a few roots at a time so that they may be processed before they spoil. After cleaning and peeling, the roots are grated on a sheet of roofing iron roughened on one side by piercing with a large nail. The grated pulp is put into a cloth bag, which is tightly tied between wooden poles, and the bag is then set in the sun for the pulp to drain and to ferment. Heavy stones and logs are piled on top of the bag to press out the moisture. Drainage is slow, and it is necessary to leave the grated roots under pressure for three or four days. As a result, a certain amount of fermentation and souring takes place, which gives the product its characteristic flavour.
After drainage is complete, the meal is removed from the bag and sieved on a flat sitter made from palm fibre. The sieved material is placed, a little at a time, in wide, shallow metal pots over a wood fire. It is continuously turned and stirred; a lime palm oil may be added to prevent burning, and lumpy sections of the meal are beaten to disintegrate them. This method produces a cream-coloured product known as white gari, which has a better nutritional value. The final product, it carefully prepared, will keep for weeks or months depending on how well it is packaged.
Commercial production of gari
Production of gari has been mechanized in some West African countries, notably Nigeria and Togo. Use of hydraulic presses means that all the moisture can be expressed from the meal in a few minutes and no fermentation occurs.
This product was initially considered to be tasteless by consumers accustomed to the traditional preparation, and the texture was considered to be too uniform. A modified process, involving a rapid fermentation initiated by inoculation with a starter culture, has now been introduced to improve the acceptability of the product.
Box 38 - Preservation of ensete by fermentation
Cultivation of ensete (Ensete ventricosum), also known as false banana, is limited to Ethiopia, where it is a staple food crop of the people of the Gurage and Sidamo areas in the southern highlands.
The parts of ensete prepared as food vary from place to place, but they generally include the starchy portions of the pseudo-stem pulp (which may be boiled fresh as a vegetable), the young shoot, the trunk of the tuberous rootstock and in some cases the upper part of the root.
The young root may be cut up and cooked like a potato, but the other vegetative materials are usually pulverized and fermented in a type of silage pit for periods ranging from a few weeks to several months before consumption. The circular pits are about 1 m in diameter and about 1 m deep. They are lined with ensete leaves and filled with the starchy portions of the "stem", selected for fermentation. The top is covered with another layer of leaves and weighed down with heavy stones.
After three or four weeks the pit is opened and a starter from a strongly fermenting order silo is added to accelerate the fermentation. After a further period of several weeks the silo is again inspected and its contents are rearranged to give an evenly fermenting mixture. The ensete is ready for use after three to four months but can also be kept for one year or more.
Source: FAO, 1989e.
Box 39 - Preservation of leafy vegetables by sun drying
Some leafy vegetables are preserved for use in the dry season by sun drying. Slippery mucilaginous vegetables, such as okra, are never blanched or boiled. The leaves are simply stripped from the stems and dried in the sun. Other leaves may be blanched or parboiled; tree leaves may also be pounded to soften them before drying. Dried baobab leaves are particularly appreciated.
The dried leaves may be added directly to soups and stews as required. Dried cowpea leaves may be fried, as well as boiled. They can be fried in oil, crumbled and sprinkled over maize porridge as a relish. During drying, nutrients such as vitamin A and ascorbic acid are often greatly reduced. The extent of the vitamin loss depends on the pre-treatment and the temperature and duration of the drying process.
Fish and meat may be preserved by salting, smoking and drying. Some types of fish are also fermented. Table 35 lists the major cured fish products of Senegal and their processing methods. The fermented product guedj is prepared by stacking unsold fresh fish in heaps in the open air for 24 hours. During this time some fermentation occurs because of enzymes in the fish viscera as well as bacterial contamination. After stacking, the fish are eviscerated and large fish are filleted. The fish meat is then soaked in sea water in wooden buckets. The water is changed weekly when it becomes foul. Finally, the partially fermented fish is spread on straw for two to four days to dry in the sun and wind.
The traditional preservation of meat by salting, smoking and drying is outlined in Box 40. Milk may also be preserved by combinations of fermentation and drying (see Box 41).
Table 35 - Major cured fish products of Senegal
Fish type
Processing method
Fermented fish (guedj)
Mainly demersal species but also sharks, rays and large mackerel
Fermented, split and dried
Fermented shellfish (yete)
Large shellfish
Dried oysters (yokhoss)
Information not available
Split, salted and dried fish (saly, salé-séché)
Sharks, rays, tuna
Heavily salted (often pickle cured) and dried
Exported to West Africa
Salted and dried whole fish (tambadiang)
Small pelagic species
Lightly to moderately salted (pickle cured) and dried
Senegal, especially eastern areas
Hot-smoked smoke-dried fish chunks
Sharks, rays
Smoked very hot to cook and seal, then smoked to dry
Smoked and dried fish (methora)
Small pelagic species, demersal species
Hot smoked to cook, then smoke dried and/or sun dried (large fish split, small fish processed intact)
Exported to West Africa and also consumed in Senegal
Braised and dried fish (ketiakh)
Smoked or more usually braised (charred), skinned and dried
Senegal especially the central areas
Source: FAO, 1990b.
Food processing and nutrient content
Different forms of processing may alter the nutrient content of foods (see Box 42). For example, nutrients are usually distributed unevenly throughout the different parts of grains, so there is considerable nutrient loss during milling. The effects of processing on the nutritional content of cereal grains are discussed in Box 43. Tables 36 and 37 show the results of different extraction rates on the chemical composition of wheat flour and the influences of different processing methods on the nutrient content of milled rice.
Box 40 - Preservation of meat
Meat drying
Although fresh meat is preferred when available, dried meat is prepared to ensure a supply to distant markets and to preserve meat that is not required for immediate consumption. A combination of sun and air drying is the most common technique for the preservation of meat from domesticated animals. Game, and the meat of small rodents, is often dried and smoked in situ over a log fire.
Preparation of biltong
Biltong is a traditional dried meat product of southern Africa which is prepared by air drying salted meat strips. Lean meat, usually beef or game, removed from the larger muscles of the hindquarters, is cut along the grain into thin strips about 20 to 30 cm long and 2.5 x 4 cm in section. The strips are rubbed with dry salt (2.5 to 4 percent) mixed with spices, including allspice, coriander, pepper and garlic. Sugar is also added, which helps to counteract the toughening effect of the salt. The prepared strips are left for several hours for the salt coating to penetrate and are then air dried for one to two weeks, to a water content of 10 to 15 percent. Lean biltong is microbiologically stable below a moisture content of 24 percent. Some surface spoilage may occur by contamination with moulds and yeasts, but aflatoxin production is not a problem as the water activity is too low for the development of Aspergillus flavus. Biltong may be attacked by beetles from four to six weeks after drying. Smoking of biltong increases resistance to beetle attack for about three months.
Other dried meat products
In some North African communities, dried camel meat is similar to that used for biltong. Smoking of meat is often combined with drying; most cured meats are smoked to improve their flavour and appearance and to increase their storage life.
Box 41 - Preserved milk products
Ethiopian fermented milk products
In Ethiopia, a type of yoghurt, called ergo, is prepared by incubating milk at room temperature for two days in a vessel that has been smoked with olive wood. Butter and buttermilk may be produced by churning ergo which has been fermented for four to five days. The fluid remaining after removal of the butter is used to make a curd cheese, ayib, by gently heating it for 30 minutes. The curds are strained off, pressed and served with chicken or vegetable stew and enjera. The whey from ayib cheese is drunk as a beverage.
Preparation of wagashi
In northern Ghana, the juice from the leaves of Calotropis procera is extracted and used like rennet to precipitate the curds from heated cow's milk. The curds are drained, squeezed and sun dried. A natural red dyestuff that is extracted from sorghum leaves is used to colour the cheese, which may subsequently be further dried and smoked over the cooking fire. This cheese, called wagashi, is usually cut into slices, which are fried in oil and eaten with the addition of chili pepper.
Although some whole-grain products may contain a higher percentage of nutrients, this advantage is not necessarily matched by an increase in the amount of nutrients available to the consumer. A high fibre content in the diet reduces the efficiency of digestion of starches, lipids and proteins. In addition, the phytates associated with the fibre of cereal grains may interfere with the absorption of calcium, iron and zinc. This consideration is particularly significant for young children who may find it difficult to digest and assimilate meals containing bulky cereal and vegetable fibres. The needs of young children in terms of meal composition and frequency are discussed in Chapter 7, as are beneficial aspects of fibre in adult diets.
Box 42 - How processing alters the nutrient content of foods
Carbohydrate, fats and protein
Milling may reduce the amount of fat, protein and fibre and increase the proportion of starch.
Fermenting and malting alter the proportions of starch and sugar. Fermenting may add alcohol.
Bottling and canning may add sugar.
Frying increases the fat content.
Cooking at very high temperatures can spoil fats and proteins.
Vitamin A decreases with:
· drying, especially in the sun;
· boiling for a long time in contact with air (without a lid on the pan);
· frying for a long time or at high temperatures.
Vitamin A is increased by fortification.
Thiamine decreases when rice is washed.
Riboflavin decreases if milk is left in daylight.
Folate decreases during:
· cooking (for example, in green leaves 35 percent and in potatoes 25 percent of folate may be lost);
· storage.
Vitamin C decreases in fresh roots, vegetables and fruits during:
· storage (but not of citrus or baobab fruits);
· canning and bottling;
· cooking, when some vitamin C passes into the water and some is destroyed by heat (for example, 40 percent of vitamin C in green leaves may be lost);
· reheating.
Vitamin C also decreases if the foods are:
· chopped into small pieces;
· prepared long before cooking;
· cooked long before eating.
Vitamin C increases when seeds (for example, of legumes) germinate.
Fortification may increase the amount. For example, salt may be fortified with iodine.
Fermentation and germination increase the absorption of non-haem iron and other minerals.
Drying foods reduces the water content and so increases the concentration of other nutrients.
Milling and cooking break down cell walls so that nutrients are digested more easily.
Source: Adapted from King and Burgess, 1993.
Box 43 - Effects of processing on the nutritional content of cereal grains
Consideration must be given to the effect of processing on the chemical composition of cereal products and hence their nutritional value. The various nutrients are distributed unevenly throughout the different parts of the grain (germ, endosperm, seed coat and fruit coat layers, etc.), and there are also different patterns of distribution among different types of cereal grains. There is therefore no strict rule regarding loss of nutrients upon processing. It should be borne in mind that the most important effects of processing on nutritional value are brought about by:
· the separation and removal of parts of the grain, leaving only a fraction of the whole grain as the product (any loss in volume constitutes a loss in nutrients);
· parts of the grain being discarded, bringing about a concentration of certain nutrients (i.e. increasing their proportion by weight in the product);
· processing treatments which may themselves bring about changes in nutrients (e.g. germination, fermentation, parboiling);
· the removal of the outer layers of the grain, which may be desirable although causing a loss in some nutrients (for example, tannin is concentrated in the outer layers of sorghum and its removal is nutritionally essential, and the milling of brown rice to white rice produces a product which is far easier to prepare).
Source: Adapted from UNIFEM, 1988.
Table 36 - Nutrient composition of wheat flour at different extraction rates
Rate of extraction
(µg/g)
Nicotinic acid
Table 37 - Vitamin and mineral content of rough rice and its milling fractions at 14 percent moisture
Rice fraction
_-Tocopherol
Rough rice
trace-0.30
2.60-13.3
Germination or malting of grain provides a convenient method of increasing the energy density and digestibility of infant foods. During germination, starches are degraded by amylase into dextrin and maltose. These smaller molecules absorb and hold less water than starches. When porridge is prepared from ground, malted grain, it is thinner in consistency than normal porridge made with the same concentration of unmelted flour. It is therefore possible to increase the energy content of malted grain porridge without making it too thick, and children can digest it more easily.
In some food preparations germination is combined with fermentation to produce a sour, malted flavour, which is preferred in many communities (see Box 44).
In most African countries women are largely responsible for food processing. At harvest time they undertake the threshing, winnowing, drying, husking and shelling required to prepare the grain, and in almost all cultures they are in sole control of grain storage. Whole grains store better than ground flour, so many rural women grind and pound small amounts of grain every day for immediate family consumption. The tasks of pounding, winnowing and grinding are often tiring, monotonous and time consuming; output is estimated at 1 to 3 kg of sorghum or millet flour per woman per hour (see Box 45). Box 46 outlines the process of parboiling, winnowing and milling paddy rice. The method is very slow and laborious, and output rarely exceeds 5 kg per worker per hour. Maize may be milled either wet or dry; these techniques are described in Box 47.
Box 44 - Germination and fermentation of cereals
In Africa, germination and fermentation are traditional practices in the preparation of cereal porridges. These techniques improve the flavour and digestibility of the product.
In Uganda, a thin porridge called obushera is popular; it is prepared by using germinated fermented grain flour. The millet or sorghum is mixed with wood ash and water; it is then left to germinate and ferment. This process produces enzymes which partially break down the grain starch. Acid-forming bacteria grow on the substrate during fermentation. The grain is subsequently washed, dried and ground to a fine flour which may be cooked with banana paste, crushed sesame seeds and sugar.
The combined germination and fermentation improve the digestibility of the cereal and increase the content of vitamins in the prepared food. The initial enzymatic changes, which precede germination, result in both transfer and increase of the B vitamins and, at the same time, somewhat break down the higher carbohydrates and other storage molecules such as calcium magnesium phytate. As a result of these changes, it is possible to produce a more nutritious flour with a low fibre content.
Fermented, malted cereal pastes are less glutinous and sticky than those prepared from the unmelted grain, which is an important factor in preparing food for infant feeding. The digestive capacity of infants is limited. Therefore, it is desirable to provide for them a weaning food of high energy density. The energy content of porridge or gruel can be increased by using malted grains without a corresponding increase in its viscosity.
Numerous attempts have been made to introduce improved technology into traditional food processing to reduce the labour demands on women. Sometimes these measures have worsened the situation of women instead of improving it, as men have taken over the labour-saving technology to make money and not only have deprived women of needed income, but also have diverted the technology from the purpose for which it was intended. This deviation is particularly noticeable when machinery is introduced at an intermediate scale for community use. Box 48 shows how technological innovation in gari processing in rural Nigeria had the result of pushing women out of this economic activity altogether.
Box 45 - Traditional processing of sorghum and millets
The outer layers of certain varieties of sorghum seed contain tannins which are slightly toxic, have a bitter taste and inhibit protein digestion when consumed. For these reasons sorghum is generally dehulled (i.e. the outer layers are removed) and then pounded into flour.
Red or brown sorghum continues to be grown in many parts of Africa because of its bird resistance, in spite of the availability of white non-tannin varieties. Traditionally, the processing of sorghum and millet has been carried out by grinding the whole grain in querns [hand-driven stone mills] or between stones or by pounding the grain using a pestle and mortar. The latter process is the commonest method for sorghum. Once the seed has been winnowed to remove foreign matter, it is put in a large mortar and wetted. It is then pounded to strip the bran or shell from the grain, followed by winnowing to remove the bran entirely. Pounding and winnowing are repeated several times before a good-quality milled seed is obtained. The milled seed is then washed with water to remove any small pieces of bran and soaked in water for 24 hours to condition or temper it. This is followed by drying to the correct moisture content and then regrinding with a pestle and mortar. In order to obtain a good flour, sifting and pounding have to be repeated several times. The flour obtained contains a large proportion of the oil-rich germ and the nutrients of the grain. Grains are moistened to facilitate the removal of the bran, but this can result in a slightly fermented flour. Although the keeping quality of this type of flour may be diminished because of femmentation, the resulting flour has a modified flavour which is often considered desirable. The objective of hand-pounding is thus twofold. In the first stage, the bran and pigmented layers are removed, and in the second stage the grain is pounded progressively with intermittent sieving into flour suitable for various end products.
Box 46 - Household processing of paddy rice in West Africa
In some countries paddy is parboiled before it is dehusked. Parboiling is partial cooking which causes the starch of the kernel to gelatinize, making it tougher. There is also a slight change in flavour which is preferred by some people. The toughening process makes the seed more resistant to insect attack, to shattering during husking and to the absorption of moisture from the air. Paddy that has been parboiled has a better nutritional quality owing to the migration of nutrients towards the centre of the grain during the process. The parboiling process involves three stages:
· soaking or steeping of the paddy in cold or hot water to increase its moisture content;
· treatment by steaming to gelatinize the starch in the kernel;
· drying.
Traditional parboiling techniques differ greatly from country to country. In West Africa paddy is frequently parboiled in small quantities in earthenware pots or oil drums after soaking in cold water overnight.
Sometimes the soaking water is brought to the boil, the fire extinguished and the pot left overnight. The next day the water is drained off, a little fresh water added and the pot put over a fire until all the water evaporates. The paddy is then sun dried. Traditional paddy parboiling techniques are slow and can only handle small quantities at a time. Off odour produced during prolonged steeping of the paddy in the first stage of parboiling has been a recognized problem. Two methods of eliminating the offensive smell, which is caused mainly by microbial fermentation, have been:
· to reduce the steeping time by hot soaking (60° to 80°C);
· to pre-steam the paddy before soaking, which reduces both the steeping time and the number of microorganisms in the paddy.
It is stressed that careful drying after parboiling is essential to minimize post-harvest losses.
Dehusking of paddy, which is sometimes referred to as milling, is the process of removing the outer husk. Dehusked paddy is referred to as brown rice. Further milling of the brown rice results in white rice. The most widespread traditional method uses a mortar and pestle. This may be done by one woman working by herself or by a number of women working rhythmically together.
Hand-pounding produces an undermilled rice which is of greater nutritional value since it retains part of the bran with high thiamine and also protein content. Hand-pounding also results in a high proportion of broken kernels. Winnowing is carried out at intervals during this process.
Box 47 - Dry and wet milling of maize
Maize may be either dry or wet milled. In dry milling, maize is usually ground between stones or by using a small hand-powered plate mill; otherwise custom or cooperatively owned power-driven hammer or plate mills are used. At other times, the grain is milled wet after it has been soaked and allowed to ferment slightly to improve its flavour. In Latin America maize is partially cooked in alkaline conditions to facilitate the removal of bran before it is milled. [As the whole grain is used in this preparation, more of the original nutrients in terms of oil and protein content are retained. In addition, the alkali treatment liberates niacin from its bound form, niacytin, thus improving its big-availability and reducing the risk of niacin deficiency disease (pellagra) in maize-based diets.] Where very small quantities are needed, the wet maize may be ground at home using a saddle stone or similar device. More commonly today, hand- or power-driven plate mills are used either to break the grain roughly or to mill it further to a smoother paste.
Maize grain is either pounded using a wooden pestle and mortar or ground by hand on a stone by a quern (a rotating hand-driven stone mill). The amount of maize required for several meals is taken off the cob and transferred to a wooden mortar. One or two cups of water are added and the whole is pounded.
If the meal is not used whole, it is transferred into a flat basket and, by shaking, the bran is separated from the floury endosperm. The flour is again collected into the mortar and pounded in the same way as before for three or four shorter periods followed by the traditional separation of the bran. The resulting product is called "pure" and the bran is often used to feed chickens.
Some of this "pure" meal may be cooked as it is or together with beans, but most undergoes further processing, starting with soaking in water for one or two days until an odour develops owing to fermentation. Fermentation produces acidic conditions which inhibit the growth of undesirable bacteria. The water is then poured off, the soaked "pure" meal is washed up to three times with fresh water, decanted and again pounded in the mortar. It is then separated, as before, from the finer parts. The bigger particles are kept for further pounding until everything is reduced to a semolina-like flour. This product is ready for preparing into foods such as uji and ugali. It cannot be kept for more than a day; if dried it may be stored for a few weeks. The shelf-life of maize meal is very low because maize has a relatively high fat content, and the meal tends to go rancid quickly.
Box 48 - Improved gari processing technologies in Nigeria
In selected rural villages in Bendel State, where the processing and sale of gari are predominant sources of income for women, the introduction of improved gari processing technologies on an intermediate and industrial scale has had a profound effect on women's income.
Traditionally, cassava farms have been ploughed, planted and weeded by men. Few women cultivate their own farms. More often, women buy the unharvested tubers from men and harvest the tubers themselves. The peeling and grating of cassava is done by hand. Gari processing provides the main source of income for women in this area.
Diesel-engine-powered mechanical graters and hydraulic dewatering presses have replaced hand grating methods and reduced the time needed for pressing. Because of the high purchase cost of these technologies, only men own and operate these machines. All the men belong to a union which fixes prices for operations and organizes work schedules for members. These work schedules are determined by the number of machines available in any village and the length of market days. Such a system was intended to avoid conflicts and disagreements over individual economic gains.
The mechanical grater and press introduced at village level increased gaff productivity. The time needed for grating, considered one of the most laborious steps in the process, was greatly reduced. The dewatering step, which normally took five to eight days, was reduced to half an hour.
The introduction of the gari processing machinery resulted in several adverse effects for the women in these areas. With the introduction of mechanical graters and presses, work traditionally done by women became the work of men. This transfer of control resulted in a transfer of income.
Women lost an important income source. A set of four gari processing machines produced by a private Nigerian company were installed in one village in Bendel State. The system consisted of a cassava grater, dough sifter, mechanical press and garifier. Another component of the system, the peeler, was not bought. The factory employed 48 workers to operate the machinery. Eleven of these were women whose tasks were to hand peel the cassava tubers and keep the factory clean. Gari produced from this factory was of very high quality and was only sold in urban markets in places such as Lagos and Ondo.
The sophisticated technology used by the factory is capable of producing very high-quality gari. The garifier has the dual purpose of toasting and drying; heat supply can be regulated. A cylindrical machine fitted with prodders for stirring enables the operator to avoid burns and eliminates contact with steam during stirring.
The operations in the factory that were mechanized employed only male labour. Female labour was minimal and women were employed for a step in the process that was not mechanized. Women were employed for this work because available peeling machines in Nigeria were seen to be ineffective and women's labour was less costly.
From these experiences in Bendel State, the introduction of improved gari processing technologies was seen to be more beneficial to the men in the area than to the women. At an intermediate level, the high capital cost of the machinery makes it unavailable to the women while at the same time pushing them out of this economic activity altogether.
Source: Adapted from Williams, 1982.
When interventions are planned to reduce the labour of traditional processing, the processing activity should be seen as part of a set of interlocking systems: first, a food system of growing, processing and marketing; second, an economic system of production and exchange of assets, including labour; and third, a social system of bargaining and responsibilities within the household and within the community. Evaluating the situation in this way may make it possible to assess more accurately who will benefit and who will lose from the introduction of improved technology.
Box 49 summarizes the advantages and disadvantages of the introduction of grain mills at community level in five different projects in Africa under FAO's Special Action Programme for the Prevention of Food Losses. All mills were power operated; three projects introduced plate mills, while the other two introduced hammer mills. The problems encountered ranged from poor maintenance and frequent breakdown to complaints about the quality of the flour and social problems regarding mill management. The overall conclusion was that the mills were not economically feasible unless they were in use for at least 300 hours per year. This level of use would normally require a village target user group of at least 1 000 to 1 200 inhabitants and a sustainable supply of grain, with no major droughts affecting the local production system.
The case-studies examined in this chapter exemplify the difficulties of reducing the labour involved in traditional processing and present some of the successful solutions to the problem. However, although food processing, especially pounding, grinding and milling, occupies a significant proportion of the working time of rural women, it is not the major labour in their working day. The time and effort spent in the collection of fuelwood and water dominate the waking hours of most rural women. A study in southern Tanzania showed that well over half of women's annual load carrying (in terms of tonnage) consists of fuelwood and water collection as an integral part of their food preparation work (Figure 26). Men spent only about 25 percent of the time women did in transport and performed approximately 11 percent of the load carrying. This heavy labour could be reduced through the extended provision of potable water and the introduction of more efficient cooking stoves, as well as through education in the health and safety dangers of physically overloading women with household transport tasks. Such improvements would make a considerable impact on the well-being of women and their children, in addition to optimizing their time and effort by freeing them for child care and more economically productive activities.
Box 49 - Some advantages and disadvantages of the introduction of grain mills at the community level in five African countries
The group responsible for the mill is in most cases a farmers' and most frequently a women's group. These mills are run by management committees and operated by a specially employed "operator".
The advantages of a mill are the following.
· It enables a reduction of workload for women, both in terms of energy and in terms of time. With the traditional way of milling it takes a woman 2 hours to mill a certain quantity of millet and 3.4 hours to mill the same quantity of sorghum. Women can occupy the time gained with collecting water and wood, trade, the children and resting.
· Time is saved.
· The mill produces a better quality of flour.
· Women learn to appreciate the benefits of communal effort.
· If certain conditions are met, the mill can bring financial gain to the group.
The following disadvantages were mentioned.
· Quite number of farmers complain that the quality of the flour is not like that which they are accustomed to.
· Women do not have the cash to pay for the milling.
· Milling involves a certain cost, either in cash or in kind. Where it is not easily accessible, it ties up time which could be used more productively elsewhere.
· The distance to the mill is often too long to allow for its use; 2 km seems to be a practical limit.
· Financial management is often bad, so that no money is available for spare parts.
· In some countries (e.g. the Gambia) it is reported that the female-dominated management committee, being new to the community, is not accepted, not even by the women themselves.
· Mills break down frequently. A technical survey brought to light that at any time 37 percent of the mills are out of operation, mostly because of problems with the drive belts and shaft bearings.
· Some groups (e.g. in Mali) are not able to make any profit because the variable costs cannot be kept in control.
· Maintenance and accountancy are a problem.
· The village élite may make decisions to its own benefit, since it is often overrepresented in the management committee and not all decisions are as democratic as could be wished for.
· The milling charge is often much higher than that of private mills.
· If the mill proves not economically viable, entire village groups can end up discouraged and (even worse) further indebted.
Globally, an estimated 1500 million episodes of diarrhoea occur every year in children under the age of five years, and as a result over 3 million die. The serious nature of diarrhoea in infancy is discussed in more detail in Chapter 7. The majority of cases occur in developing countries, where it is estimated that up to 70 percent are of water- or food-borne origin.
Some of the factors that affect food quality and safety in African markets, shops and homes include:
· poor physical quality;
· chemical contamination;
· bacterial or parasitic contamination;
· mycotoxin contamination;
· rapid rotting;
· other biological contamination, e.g. by rodents and insects;
· poor quality control of industrial or cottage-industry food products.
FIGURE 26 - Comparison of transport activities of able-bodied females and males in southern Tanzania:
Time per person per annum (hours)
Weight x distance per person per annum (tonne km)
Source: Barwell, Howe and Zille, 1987 (quoted in Bryceson and Howe, 1992).
An important element in the food marketing chain is the control procedures necessary to ensure that the food - whether raw, semi-processed, manufactured or prepared - is safe, of high quality (meeting established official standards and buyers' expectations) and nutritionally sound. Implementing food control practices to ensure food safety, quality and nutritional value is of paramount importance. Food moving in international trade must meet established international food standards, i.e. those set by the Codex Alimentarius Commission (see Box 50).
Much of the responsibility for food safety lies in the hands of women, who have a major role in food production, procurement, processing, preparation and presentation at both the market and household levels. A substantial proportion of transmission of food-borne disease occurs in the home, so the education of those involved in domestic food preparation is of crucial importance. Some fundamental rules for domestic food safety are given in Box 51.
Box 50 - Codex Alimentarius: standards for food composition, quality and safety
Standards for food composition, quality and safety have been developed and applied over many years to protect consumers and to eliminate unfair trading practices. The largest number of such standards is contained in the Codex Alimentarius, a collection of food standards, codes of hygienic practice and other recommendations prepared by FAO and WHO through the Codex Alimentarius Commission. Codex Alimentarius simply means "food code" in Latin. The Codex food safety and quality standards are recognized internationally by the World Trade Organization as the basic reference points for internationally traded food commodities. Food that conforms to Codex requirements can be freely traded between countries.
Codes of hygienic practice developed by the Codex Alimentarius Commission, which protect consumers from mishandling and poor storage of food. can also be applied to locally traded commodities such as street foods. A special code has been developed for application in the Africa region.
Codex standards and codes cover hygiene, labelling, the use of chemical additives (such as colourants), pesticide residues and many other factors important in ensuring the protection of consumers and fair practices in the food trade.
Environmental improvements related to food safety, housing, water supply and sanitation are important steps towards preventing infection. Such improvements may well occur independently of any improvement in socio-economic status, but nutrition and health benefits are unlikely to be realized without an improvement in socioeconomic status. Primary education can have an important role in improving nutritional status by stressing basic nutrition principles, including dietary diversification, and basic food safety practices that minimize the risk of food contamination.
Box 51 - The most important ways to keep domestic food safe and clean
· Eat meals as soon as possible after they are cooked, so that bacteria do not have time to breed.
· Use a safe water supply if possible. If not, boil drinking-water for babies for at least three minutes. Boil the drinking-water for the whole family if there is an epidemic of diarrhoea or cholera in the area or if the water quality is doubted.
· Wash your hands with soap and water:
- before you eat or prepare food or feed a child, and after visiting the toilet;
- especially after you pass faeces or clean a baby's bottom or touch animals or soil.
· Use a toilet and keep it clean. If small children pass faeces on the ground, put the faeces into the toilet and then wash your hands. Then flies and other pests cannot reach the faeces and get bacteria on their legs.
· Keep food covered, especially cooked food and food for children, so that dust cannot fall on it and flies with bacteria on their legs cannot land on it. Covering with a cloth may allow food to cook more quickly than covering with a plate, so bacteria have less chance to breed.
· Cook food very well so that you kill any bacteria or worms in the centre of the food.
· If you must keep cooked food for another meal:
- cover it and keep it in a cool place;
- if possible heat the food again just before you eat it, so that the centre of the food is boiling or very hot.
· Clean eating and cooking utensils thoroughly:
- wash utensils thoroughly with soap to remove any food that bacteria could breed in;
- dry them on a rack in the sun if possible, as the sun kills microorganisms;
- cover the utensils with a cloth if the area is dusty.
Source: King and Burgess, 1993.
In urban areas food habits include higher consumption of processed foods and of meals and snacks that may be prepared and marketed under unhygienic conditions which can lead to food contamination. Studies on street foods carried out in Nigeria (FAO, 1991a), Uganda (FAO, 1992a) and other countries (FAO, 1992h) noted that freshly cooked foods were generally free of bacterial contamination but that some ready-cooked foods such as meat and milk products and ice-cream were often found to be contaminated.
Water handling practices also contribute to contamination; food and beverages may be contaminated during their preparation, and serving plates and dishes during washing. Inadequate environmental conditions associated with a lack of sewage and garbage disposal were an additional factor in the possible transmission of food-borne infections, as were the personal health and hygienic practices of the food processors and vendors.
Both producers and consumers of street foods would benefit from appropriate training in food hygiene and sanitation. The provision of safe water for food preparation and utensil washing and the provision of clean surroundings to reduce environmental pollution are required to improve street food quality and safety. Improvements in food preparation, handling and vending practices would assist in preventing food contamination and in protecting the health of the consumer. Official recognition of the street food sector by local and/or national authorities will assist in organizing the street food sector, will provide vendors with legal and administrative facilities to develop their businesses and will encourage the use of improved food handling practices.
The above sections call for greater priority to be attached to aspects of storage, processing and marketing of foods. Priority areas for action include increased awareness by government of the importance of the post-harvest sector with regard to the contribution it makes to household food security and improved nutrition in both rural and urban areas. An effective food processing, distribution and marketing system will require an appropriate and well-maintained infrastructure, including markets, road networks and extension services to advise farmers on improved storage techniques or on how to bulk their produce as a group to reduce marketing costs. This requires interventions by both government and the private sector, which could work hand in hand in the establishment of marketing information systems and training in marketing management, accounting and business methods. With regard to the special needs of the many women involved in food processing and marketing, governments can assist by providing information and training on the use of appropriate processing technology and by providing extension support for marketing of fresh and processed produce.
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Alumni Sign-Up
ID Camps
#25 FSC Defeats #19 Brandeis; Advances to Second Round of NCAA Tournament
Farmingdale State (17-3-3) 1 0 1
Brandeis (12-5) 0 0 0
Allison Khare
1st - 42:53 - Lyons, Tara (Farmingdale State)
G: Tara Lyons - 1
Sh: Alyssa Parrotta - 2
Sv: Daniella Ford - 6
Sh: Lauren Mastandrea - 3
Sv: Sierra Dana - 2
#25 Farmingdale State - 1, #19 Brandeis - 0
Ewing, N.J. - 25th ranked Farmingdale State defeated #19 Brandeis, 1-0, this afternoon in the First Round of the NCAA Division III Women's Soccer Tournament at The College of New Jersey. This marks the first time in program history that FSC has advanced to the Second Round of the NCAA Tournament.
The lone goal of the game came with just 2:07 remaining in the first half. Skyline Conference Offensive Player of the Year junior midfielder Tara Lyons (Wantagh, N.Y.) intercepted a pass and shot the ball from 35 yards out. The ball deflected off a Judges (12-5) defender, hit the cross bar and went into the net to put the Rams (17-3-3) in front, 1-0.
Brandeis outshot Farmingdale State, 7-3, and held a 4-2 corner kick advantage in the first half.
In a second half controlled by the Judges, FSC was held without a shot, while Brandeis tallied four shots on goal.
At 53:05, freshman midfielder Lauren Mastandrea (Hauppauge, N.Y.) sent a corner kick to set up senior forward Sasha Sunday (Bethlehem, Penn.) for a header that was stopped by FSC junior goalkeeper Daniella Ford (Elmont, N.Y.).
With just under 21 minutes left in the game, the Judges threatened with back-to-back shots. Senior defender Emily Thiem (Kinnelon, N.J.) sent a shot wide before Ford stopped a header from junior midfielder Katie Hayes (Eau Claire, Wis.).
Brandeis' final attempt came in the final seconds as Thiem sent a shot from 20 yards out that was saved by Ford to clinch the First Round victory, 1-0.
Ford recorded her 17th win of the year and has now tied the single-season school record with her ninth shutout after making six saves in the win.
Farmingdale State has advanced to the Second Round of the NCAA Tournament and will play host school #7 TCNJ tomorrow, Sunday, November 11th at 1:00 p.m.
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24 Hours of Movies: Valentine
by Patrick Bromley
Celebrate love by watching way too many movies.
Since watching movies has become my preferred way to celebrate any and every occasion, it just makes sense to program an all day, all night marathon devoted to love, both romantic and otherwise. I know this day isn't everyone's bag, but how can you dislike it when it gives you an excuse to watch a bunch of really cool movies?
10 am - A Life Less Ordinary (1997, dir. Danny Boyle)
I usually program a classic film first for these marathons, giving the illusion that they will be chronological even though they never are. But I want to start this one with a bang, and Danny Boyle's underrated road fantasy is just the sugar rush we need to kick things off. Ewan McGregor is a sad-sack would-be kidnapper and Cameron Diaz is the heiress he snatches, but she's really calling the shots and the two of them fall in love with the help of two angels (Holly Hunter and Delroy Lindo) who spend much of the movie trying to kill them. It's going to be too twee for some audiences, piling on the '90s quirk as it does, but it's so fun and big-hearted and there's a musical number set to "Beyond the Sea" halfway through and we'll be feeling good about love and in the mood for more.
Noon - Ninotchka (1939, dir. Ernst Lubitsch)
Erika and I just watched this Ernst Lubitsch classic for the first time and both found it incredibly romantic, presenting a Parisian count (Melvyn Douglas) who falls hopelessly in love with a stony, serious Russian woman (Greta Garbo) in Paris on national business. It's refreshing to see a comedy from this era (era) that doesn't put the lovers at odds with one another, instead offering a romance that feels warm and genuine. Both stars are so good at creating characters who genuinely like one another as well as love one another. Most movies forget the first part.
2 pm - Mannequin (1987, dir. Michael Gottlieb)
When programming marathons like this, you have to sometimes include movies that provide a total and complete break from having to think at all. That's Mannequin. This is a movie that was written and made and released into theaters and made money. It is a profoundly stupid movie that works because of just how sincerely Andrew McCarthy and (especially) Kim Cattrall approach the material. Everyone else in the film is in a big, broad 1960s musical (I have argued for years that this movie is made for the stage), but the romance at the center is genuinely sweet, despite how fucked up it is.
3:30 pm - La Belle et La Bête (1946, dir. Jean Cocteau)
One of my favorite movies of all time is also one of my favorite movie romances, mostly for what it has to say about how it's better to love a freak who's interesting than a handsome nothing. Cinema doesn't get much more beautiful or magical than this. It's also appropriate to watch today because Erika's dad called her 'la belle' when she was a little girl. That makes me La Bête. Sounds about right.
5:15 pm - Streets of Fire (1984, dir. Walter Hill)
Walter Hill is such a muscular, macho filmmaker that it's amazing to me he had something this romantic in him. Streets of Fire is one of my major Exploding Heart movies, so it deserves a spot in our Valentine's Day marathon. It's not explicitly about love necessarily -- it is, but that's just part of the picture Walter Hill is painting. The whole thing is bursting with romantic ideas and imagery and music and joy, and while it might not be an obvious choice for a Valentine's Day marathon, it's a very romantic movie in our house.
7 pm - True Romance (1993, dir. Tony Scott)
The centerpiece of our whole marathon is a movie that felt as ripped from my brain when I saw it as a teenager as it does now. It's a movie with everything, one that never gets old. This is the movie I plan to watch on Valentine's Day with my very own Alabama.
9:15 pm - Spring (2015, dir. Justin Benson & Aaron Moorhead)
It's getting a little later now, and while we're not getting fully weird just yet, Spring is a step in the right direction. It's just the right mix of endearing romance and monster movie -- the Before movies by way of H.P. Lovecraft. The actors are great and the scenery is impossibly pretty. I know Cronenberg's The Fly is probably still the best horror movie romance, but why doesn't this movie get talked about more?
11:15 pm - My Bloody Valentine (1981, dir. George Mihalka)
I'm nothing if not unoriginal.
12:45 am - The Whip and the Body (1963, dir. Mario Bava)
Ok, our traditional Italian horror block has arrived because it's the middle of the night and we're sleep deprived and the pepperoni on the heart-shaped pizzas we ate earlier is causing us to hallucinate. There's something inherently romantic about Mario Bava's lush photography and gothic settings, but this one is probably way hotter if you're into being abused by Christopher Lee. That pretty much covers all of us.
2:15 am - Cemetery Man (1994, dir. Michele Soavi)
There aren't a ton of Italian horror films I would call "romantic" (New York Ripper aside), which is a big part of what makes Michele Soavi's Cemetery Man (aka Dellamorte Dellamore) that much more special. It's deeply romantic without losing any of what makes Italian horror movies so unique and singular. Rupert Everett plays the groundskeeper of a cemetery who watches over and makes sure the dead stay dead, but things are complicated when he falls in love with a woman. Because the woman is played by Anna Falchi, no one can blame him. This is a weird, dreamy, beautiful movie that would play so, so well at this time of night.
4:15 am - Yoga Hosers (2016, dir. Kevin Smith)
It's late/early and our brains our fried, so let's go with something goofy and stupid and not unlike a Saturday morning cartoon. The reason I'm picking Yoga Hosers -- arguably Kevin Smith's least-loved movie (by the public at large, anyway; I remain a fan) -- is because it's a movie that says not all love need be romantic. Maybe your best friend is your valentine, and all you want to do is hang out with that person and joke around and have fun and play in your band together and fight off evil Nazi bratwurst creatures. The love between two best friends is some of the best love any of us get to feel. Yoga Hosers gets that right.
6 am - Valley Girl (1983, dir. Martha Coolidge)
I want to program an '80s teen romance in this spot, and listening to the latest episode of Brian Saur's Just the Discs podcast reminded me that Valley Girl is one of the better young love stories of that decade. I've also seen it way less than John Hughes' filmography, meaning it will feel somewhat new while still being familiar. It's the perfect movie to get us to the finish line.
8 am - Punch-Drunk Love (2003, dir. Paul Thomas Anderson)
What better movie to close out when we've been watching movies for 24 hours and are totally punch drunk than this one? When the strings on the soundtrack swell and the image dissolves into just a bunch of colors on screen, we won't be sure whether that's the movie we're watching or if we're just going crazy. It's perfect! Paul Thomas Anderson didn't make a movie about what being in love looks like; he made one about how it feels.
Happy Valentine's Day, everyone.
Labels: 24 hours of movies, ernst lubitsch, mario bava, romance movies, spring, streets of fire, true romance, valentine's day
A Casual Listener February 14, 2019 at 12:21 PM
This is a great list. My Bloody Valentine is an appropriate inclusion, for love can make you want to cut out people's hearts and send them in candy boxes to those you hate.
The Whip and The Body is a great selection here. It was a re-watch this past Scary Movie Month, and I really enjoyed its dark romance. The way Lee was photographed entering scenes is very beautiful, too. It is available on Prime in a Double Doses of Horror package.
It has been a long time since I watched La Belle et La Bete, but it was a favorite during my college European art film days. I have never seen a better live-action fairy tale film.
Jeffrey Kalakay February 14, 2019 at 2:09 PM
Patrick starting with A Life Less Ordinary is proof he's my spirit animal.
Brenda Shea February 15, 2019 at 2:35 AM
I feel like Punch-Drunk Love and true romance are spiritually connected. I'm not sure why I just think they are.
Erika February 15, 2019 at 9:28 AM
Who knew NINOTCHKA and TRUE ROMANCE had so much in common? ;) <3
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8th Eri-Youth Festival: Youth: The Vigor of Sustainable Development
by admin · Published July 18, 2018 · Updated July 18, 2018
by Habtom Tesfamichael
The 2018 National youth festival which began on 13 July, attended by more than 20 thousand participants ended on Sunday 15, July. It was a grand blend of events such as cultural shows, sport, educational competitions, seminars, exhibitions, youth theatres and other activities. The festival, held biennially at Sawa, is organized by the NUEYs, Sawa National Service Training Center (SNSTC) and other partners.
In the last couple of months Sawa has been preparing all the necessary facilities to welcome and accommodate its guests and help the smooth functioning of events. This year’s festival was celebrated along with the graduation of the 31st round and the 9th commencement of Sawa Vocational Training Center (VTC).
To attend the graduation ceremony on July 13, people started to take their seats from as early as 5:00 in the morning. Soon every nook and cranny of the place was filled with attendants. After a minute of silence to pay tribute to our martyrs, blocks of military trainees marched and gave military salute in honor of President Isaias Afwerki. In his address President Isaias told the gathering about his trip to Addis Ababa the next day. He said he was going to deliver the goodwill message of the Eritrean people in order to solidify the peace negotiations reached so far with the Ethiopian government. His address received huge round of applause from the participants.
President Isaias handed Sawa awards to Eritrean youth from the diaspora who demonstrated academic excellence. Award winners expressed their delight for receiving awards from the president and said that this will encourage them to do better for themselves and the nation. The organizing committee said that awardees are selected through national and community-based screening processes and a more enhanced mechanism will be adopted in the forthcoming festival.
Col. Debessay Ghide, commander of the SNSTC, officially opened the day by congratulating the graduates and their families, different institutions who contributed to the success of the event and all the participants. Col. Debessay said that the government is spending a large amount of money to build awareness among the youth, make the trainees physically strong and equip them with knowledge and technological know-hows so that they can be active actors in the nation building process and in safeguarding the national security. He noted that this year’s round of national service participants are graduating, following eight months of academic studies and four months of military and political education. The number of female participants has been increasing, making up 50.8% of this year’s national service graduates.
Mr. Tesfay Tewelde, director of VTC, on his part forwarded his congratulatory message to this year’s VTC graduates and their families. He said that to complete the two-year training program, a significant amount of capital, time and labor has been invested. Mr. Tesfay advised the graduates that their graduation is the end of one chapter in the world of education and the beginning of a new chapter that they should use to upgrade their profession in the practical world of work. VTC has graduated 1127 trainees, 49% of are females are females, in eleven fields. He added that the training center has introduced new fields including electronics, computer maintenance and networking, machine shop, auto-mechanics, refrigeration and air conditioning and is planning to start a program in foundry for the next round of trainees.
Mr. Tesfay noted that this year’s teaching-learning process was successful because of the huge investment the government has made to equip the center with the necessary facilities. The graduates vowed to pay back in kind for the investment made on them. Trainees who demonstrated excellence in the military training and from the VTC received awards from government officials and army commanders.
Enthusiasm of every participant and the national service graduates in particular was visible at the festival. Their excitement and passion could be seen when they were dancing to the tunes of every trumpet beats at the festival.
The eighth Eri-youth festival was lively with cultural celebrations and activities which enriched the understanding of our cultural values and norms. The Eritrean nationals from the diaspora in particular were enlightened with knowledge about the Eritrean ethnic groups and their traditions. Seminars were also held on different topics.
Eritrean festivals serve as a forum to show case creativity and share experience. The objective of the festival and the competitions is to provide a platform to young people to express their thoughts that are meaningful and relevant and to nurture the creativity, skills and imagination of young people to express themselves in different ways.
The three-day extravaganza was concluded with prize giving ceremony on Sunday evening. Speaking at the concluding ceremony, Mr. Robel Tewelde, head of the festival organizing committee, said that this year’s organization of the event was effective thanks to the experiences gained from previous festivals.
Tags: 8th Eri-Youth Festival: Youth: The Vigor of Sustainable Development
Interview with President Isaias Afwerki Live tonight Saturday at 8PM Asmara
Chaos, TPLF’s last hurrah?
by admin · Published June 29, 2019
What do we know about the one million year old Eritrean Homo?
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Great Oregon Vacations
Discover - Explore - Enjoy
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Mt Hood
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Oregon Cabin Rentals - Affordable Vacations
Oregon cabin rentals that are cheap and easy on the pocket book!
Would you like to rent a cabin for $25 to $80 a night?
Would you believe me if I told you it is possible?
People in the know enjoy a vacation every year in some of Oregon's most scenic areas with the best hiking, fishing, swimming, mountain biking, and horseback riding in the state. They really know how to have a cheap Oregon vacation. You can do it too.
The Oregon cabin rentals below are owned by the U.S. Forest Service. They were once guard stations and were the last point of contact with people headed into Oregon's back country. Some of them are quite historical and a few were built in the past 50 years. The charge is per day per group.
These Oregon cabin rentals run from one room to full-size houses. They accommodate from two to 30 people. Some of them are only available in the summer and others can be rented in the winter as well when the snow is on the ground. Many of them have horse corrals. Most have full kitchens. A few are lakeside.
Renting one of these cabins is a wonderful alternative to camping in a tent. You don't have to worry about wildlife getting into your food. You can lock the door, be gone all day and not worry about your stuff. If the weather turns cool you can just build a fire in the fireplace or stove. A few cabins don't provide firewood but most do. All of the cabins have an outdoor picnic table and a fire ring for those evening campfires under the stars. Think roasted marshmallows and S'Mores.
If you have a large group there are some Oregon cabin rentals that allow tents on the grounds for a small additional charge.
So here is the list of what is available:
Oregon Cabin Rentals in Fremont-Winema National Forest
Aspen Cabin - $25 per night.
This one-room rustic log cabin sleeps four with the option of tent camping area for an additional charge. Nearby trailheads for hiking and horseback riding. No corral. No water but water is available at nearby Mud Creek Campground. Outdoor toilet.
Currier Guard Station - $30 per night
A two-room cabin just one mile south of the Sycan Wild and Scenic River. It sleeps four with one double bed and one bunk bed. It has a propane cook stove and a propane heating stove. Outside there is a picnic table and firering with firewood provided. No drinking water and none nearby. Outdoor toilet. Corrals and hitchracks for horses.
Oregon Cabin Rentals in Malheur National Forest
Deer Creek Guard Station - $40 per night
A two-room cabin that sleeps four on bunk beds, futon, and couch. Propane cookstove, lights, and refrigerator. There is a wood stove for which wood may be provided. You can fish in nearby Deer Creek and the South Fork John Day River. There is a horse corral. No water. Here you just might see black bears, elk, deer and wild turkeys.
Murderer's Creek Work Station - $40 per night
This is actually two cabins. One is a bunk house with four twin beds with propane heaters and lights. The other cabin is a cookhouse with propane cook stove, lights, and refrigerator, couch, table and chairs, and woodstove. No water. You can fish in Murderer's Creek and the South Fork John Day River. Wild horses are often seen here.
Oregon Cabin Rentals in Mt. Hood National Forest
Clackamas Lake Historic Ranger Cabin - $80 per night weekdays, $100 on weekends
Picture a three-bedroom, two-story-cabin finished in knotty pine and a crackling fire in the fireplace insert. This house sleeps up to eight people and has a refrigerator, hot water heater, range, electric lights. It is close to Clackamas Lake and only three miles from Timothy Lake. This area has many trails for hiking and mountain biking. No tent camping or Rv's allowed. Sadly, pets are not permitted.
Oregon Cabin Rentals in Ochoco National Forest
Cold Springs Guard Station - $75 per night
This three-bedroom cabin sleeps eight people. It has a fully equipped kitchen with propane cook stove and a solar refrigerator. It has two bathrooms--one with tub and one with shower. There is a small outside deck. There is a propane heater. Activities include hiking, mountain biking, and fishing. There is a herd of wild horses in the area.
Oregon Cabin Rentals in Rogue River - Siskiyou National Forest
Imnaha Guard Station - $40 per night
The living room of this cabin has a large stone fireplace and firewood is provided. The cabin sleeps six, has a flush toilet, heated shower, refrigerator, and drinking water. The cook stove and heater are propane.
Ludlum House Group Site - $40 per night
This is a newly constructed cabin that can accommodate from 10 to 30 people with an additional 30 camping on the grounds. It is located at the confluence of the Winchuck River and Wheeler Creek. This is perfect for a family reunion with a large lawn where the kids can play and a wide wrap around porch where the adults can sit and enjoy the fresh air. It is sparsly furnished, however, and you do need camping equipment--air mattresses, sleeping bags, folding chairs, lanterns, etc. The cabin has a wood stove but you need to bring your own firewood. There is a $3 charge for each additional person after 10. Water is available from a hand pump. Outside there are picnic tables and a fire ring. Activities include fishing, swimming, and hiking. It is available year round.
Packer's Cabin - $20 per night
Packer's Cabin is a good choice for a group that has someone who is in a wheelchair. The cabin is fully accessible and barrier free. It sleeps up to 12 people and has a wood stove. There is no electricity or drinking water available. You need to bring sleeping bags and other camping equipment as if you were tent camping. Take a look at the pictures. There are no amenities but this is really a nice cabin. Activities in the area are fishing, swimming, and hiking.
Oregon Cabin Rentals in Umatilla National Forest
Ditch Creek Guard Station - $40 per night
The cabin sleeps up to six people. There is only one bedroom. It has indoor plumbing which includes a flush toilet. The kitchen has a refrigerator, cook stove, cooking utensils, and flatwear. There has been a water problem in the past so beware. Lights and stove are propane. There is a horse corral and this is good riding country. There is fishing and boating in Penland Lake and Bull Prairie Lake. There are 110 miles of groomed snowmobile trails near by.
Fry Meadow Guard Station - $25 per night
This cabin is two rooms - kitchen and sleeping area for four people. It is nice enough inside but there is no water and no heat. While it is available year round, I don't think I would want to stay in the winter without heat. There is a propane cook stove and propane lighting. The area is good for hiking, horseback riding, mushroom hunting (morels), hunting, fishing, and berry picking.
Oregon Cabin Rentals in Umpqua National Forest
Butler Butte Cabin - $40 per night
The Butler Butte Cabin was built during World War II as a lookout for Japanese war planes and incendiary balloons. It sleeps four with one double bed and two single beds. The kitchen has a propane cook stove, refrigerator and lights. There is an outdoor barbeque pit as well as a fire ring. No water is available at the cabin but water is available at the Tiller Ranger Station. The area is good for hiking, horseback riding, huckleberry picking, snowmobiling, snow shoeing, and cross-country skiing.
Musick Guard Station - $40 per night
A little cabin in the woods near the old Musick Gold Mine in the Bohemia Mining District. It has three rooms - living room, kitchen, and bedroom. It sleeps up to ten with additional space in the upstairs bunk room. The platform beds have no mattresses. You need to bring camping equipment to this one such as air mattresses, sleeping bags, lanterns, cooking and eating utensils. There is a wood cook stove but no refrigerator. This is a great place to stay if you want to explore the Bohemia Mining Area and maybe do a little gold panning as well. There is no water at the cabin.
Whisky Camp Guard Station - $40 per night
Another little red cabin in the woods. This cabin has two rooms and sleeps up to eight people. The kitchen has a cook stove, oven, and a refrigerator. Lanterns are provided. There is no water but water is available at the Tiller Ranger Station. The area is good for hiking, horseback riding, mountain biking, snow shoeing, cross-country skiing, and snowmobiling.
Oregon Cabin Rentals in Wallowa-Whitman National Forest
Anthony Lakes Guard Station - $80
This is an honest to goodness log cabin that sleeps up to eight people in three bedrooms. The kitchen has an electric stove and refrigerator and there are electric lights in every room. There is a propane heater. It has a nice wide covered front porch. Anthony Lake is just steps away for easy fishing. Other activities in the area include hiking, mountain biking, horseback riding, and hunting.
Antlers Guard Station - $45 per night
This little cabin is located right on the North Fork Burnt River. There are two rooms and sleeps up to six people with a double futon and two bunk beds. There is a propane cook stove in the kitchen. There is a propane fireplace and propane lights. Water comes from a hand pump outdoors. Activities here include fishig, hiking, mountain biking, riding OHV's, and playing in nearby creeks.
Peavy Cabin - $45 per night
Peavy Cabin is a one-room log cabin that sits beside the North Fork John Day River. It sleeps four people. The kitchen has a cook stove, refrigerator, and sink. It has a stone fireplace with insert stove for heating. There is no drinking water. Additional tent camping space is available and there is also a horse corral. Activities in the area are hiking, horse back riding, mountain biking, hunting, and fishing.
Oregon Cabin Rentals in Willamette National Forest
Box Canyon Guard Station - $60 per night
A one-room cabin that sleeps up to four people. There are two twin beds and a hide-a-bed. It has a propane cook stove. There is no drinking water but there is a creek nearby. It has a horse corral. This is a good area for hiking and horseback riding.
Hall House - $80 per night
Hall House is only rented in the winter months. It sleeps a maximum of four people. The cabin has three rooms. There is a full-size bed and couch for sleeping. It has a cook stove, propane heating, and solar lighting. There is no indoor toilet. No water is available. The Santiam Pass Winter Recreation Area is a 15-minute drive away for cross-country skiing and snowshoeing.
If you want more Oregon cabin rentals to look over, visit Vacation Rentals in Oregon for a huge choice.
Oregon Vacations › Oregon Vacation Rentals › Oregon Cabins
Portland Events
Quick Search of This Site
Portland Events - June 2015 - Best Fun Things to Do
Fun top Portland events in June: Rose Festival, Beer Festivals, Portland Timbers, shows, music, indian powwow
Top Portland Events - May, 2015
Most popular Portland events: May, 2015. Cinco de Mayo, Rose Festival, Mother's Day, Cirque du Soleil, Whiskey Festival, Festival of Flowers, and more...
Portland Events April
Plenty of Portland Events in April: Easter activities, arts and crafts, orchids, I Love Lucy, hardy plant sale and more.
Portland Events - March 2015 Top Things to Do
Top Portland Events - March 2015 include an antique show, rv show, Guys & Dolls, St. Patrick's Day festivities and more.
Portland Events - February 2015
Jazz Festival, Auto Show, Film Festival, Mardi Gras Ball, Home and Garden Show, Chinese New Year, Scrapbook Convention and more.
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Sustaining Growth: MTrac Experiences Large Influx of Applications for Payment Platform
SAN DIEGO, May 15, 2019 (GLOBE NEWSWIRE) -- via OTC PR WIRE -- Global Payout Inc. (OTC: GOHE) (“Global” or the “Company”) and its wholly owned subsidiary MTrac Tech Corporation (“MTrac”) are pleased to announce that the Company has reached a sales milestone with over 100 completed and approved applications for the MTrac system. The MTrac team has worked diligently to increase revenue and improve shareholder value and this milestone is an indicator of what the rest of the year will bring. The Company has received new applications on an almost daily basis and expects this trend to continue as the platform gains market share.
Launched in October 2018, the MTrac payment platform is a game changer for the legal cannabis industry. Offering fully compliant credit and debit card processing, the MTrac platform leverages the distributed ledger of blockchain technology to create an elaborate closed loop ecosystem that provides a premier service to an industry in need.
“Since the beginning of the year we have experienced a massive uptick in interest for our platform,” said MTrac CEO, Vanessa Luna. “Many companies have attempted to solve this problem for the industry, which has resulted in a general skepticism among licensed business owners. However, we have demonstrated over the last several months that our platform is not only unique, it is in my opinion the most seamless, functional, and compliant system available today, and is reflected in our ability to partner with many of the industry’s leaders. The momentum is building significantly here at MTrac, and we are extremely excited to see what the year will bring.”
The Company intends to file its quarterly report no later than May 20, 2019 and will continue to update shareholders on its expansion as the year progresses.
About Global Payout, Inc. (OTC: GOHE) Since the Company's inception in 2009, Global Payout, Inc. has been a leading provider of comprehensive and customized prepaid payment solutions. From 2014 to 2017 Global focused on identifying new state of the art technologies in a variety of industry sectors and successfully helped launch MoneyTrac Technology Inc. and other companies within the FinTech space. In 2018, Global completed a reverse triangular merger with MoneyTrac Technology Inc. resulting in Global retaining the wholly owned subsidiary, MTrac Tech Corporation. Global’s current focus is continuing to identify new business opportunities while it reorganizes its future business endeavors.
About MTrac Tech Corp. MTrac Tech Corporation, a Nevada Corporation, is a privately held, wholly owned subsidiary of Global Payout, Inc. MTrac is a software technology, sales and marketing, and business development company focused on “high risk” and “high cost” industries. The Company’s flagship product is the MTrac payment platform offering a full-service solution with technology offerings including Payment Platform, Blockchain, Compliance, POS, E-Wallet, Mobile Application and Digital Payment Solutions. We are one network disrupting the status quo. It is MTrac’s creative vision through the use of its innovative technology solution to become the premier service provider offering the “Key to Cashless®.”
Forward-Looking Statements Disclaimer: This press release contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. In some cases, you can identify forward-looking statements by the following words: "anticipate," "believe," "continue," "could," "estimate," "expect," "intend," "may," "ongoing," "plan," "potential," "predict," "project," "should," "will," "would," or the negative of these terms or other comparable terminology, although not all forward-looking statements contain these words. Forward-looking statements are not a guarantee of future performance or results and will not necessarily be accurate indications of the times at, or by, which such performance or results will be achieved. Forward-looking statements are based on information available at the time the statements are made and involve known and unknown risks, uncertainty and other factors that may cause our results, levels of activity, performance or achievements to be materially different from the information expressed or implied by the forward-looking statements in this press release. This press release should be considered in light of all filings of the Company that are disclosed on the OTC Markets.com website.
Media Contacts: Global Payout, Inc. www.globalpayout.com (702) 790-2511 Ext. 101 Ir@globalpayout.com
MTrac Tech Corp. www.Mtractech.com (702) 790-2511 Ext. 101 ir@mtractechcorp.com
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American impresses
20-November-2016 0:00
American made a highly pleasing start to his career over fences with an impressive all the way victory in the £9495 Bathwick Novices' Chase at Exeter on Sunday.
The deluge of rain which fell at the course overnight was extremely welcome for this talented but rather fragile young horse who has not been the easiest to train as he has had trouble with his knees. That is why this was only his fourth start under NH rules.
So I would say that even after two inches of rain the ground was only just soft enough for American who set off in front, jumping boldly and accurately, was never headed and kept on strongly in the final straight to hold the persistent challenge of Label Des Obeaux by two and a quarter lengths.
Noel Fehily was delighted by this fine debut over fences by American and suggested he might be the right type for the Welsh Grand National next season.
Hopefully we can have a bit of fun with him in the next few months over the depths of the winter while there is plenty of cut in the ground.
But we will see how he is in the morning before making any plans for him.
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The Candid Frame #198 - David Strick
Ibarionex Perello August 11, 2013
David Strick has worked as an editorial, advertising and corporate photographer whose interest in the entertainment world has led him to originate documentary behind-the-scenes print and web features for major media companies, including eleven years of producing a monthly photo column for Premiere Magazine entitled “David Strick’s Hollywood,” 2 ½ years of originating and photographing a web/print feature called “David Strick’s Hollywood Backlot” for the Los Angeles Times, and a web/print feature for The Hollywood Reporter, entitled “David Strick’s Hollywood.”
He is the author of the book “Our Hollywood” (Atlantic Monthly Press), and his photographs have won awards in the professional publications Communication Arts, American Photography, Society of Publication Designers and Graphis.
He has taught at Art Center College of Design, lectured at UCLA Extension, and the Photographic Resource Center at Boston University. He has served on the board of APA/Editorial Photographers, and as an honorary member of the Society of Motion Picture Still Photographers. You can discover more about David and his work by visiting his website.
David Strick recommends the work of Jeff Jacobson.
You can also subscribe to the show via iTunes by clicking here.
In "Art Center", "David Strick", "Hollywood", "Los Angeles", "UCLA", "advertising", "celebrity", "commercial", "documentary", "editorial", "entertainment", "film", "instructor", "magazine", "newspaper", "television"
The Candid Frame #194 - Mary Ellen Mark
Ibarionex Perello July 7, 2013
Mary Ellen Mark has achieved worldwide visibility through her numerous books, exhibitions and editorial magazine work. She has published photo-essays and portraits in such publications as LIFE, New York Times Magazine, The New Yorker, Rolling Stone, and Vanity Fair. For over four decades, she has traveled extensively to make pictures that reflect a high degree of humanism. Today, she is recognized as one of our most respected and influential photographers. Her images of our world's diverse cultures have become landmarks in the field of documentary photography. Her portrayals of Mother Teresa, Indian circuses, and brothels in Bombay were the product of many years of work in India. A photo essay on runaway children in Seattle became the basis of the academy award nominated film STREETWISE, directed and photographed by her husband, Martin Bell. You can discover more about her and her work by visiting her website.
Mary Ellen Mark recommends the work of photographer, James Carbone.
In "Leica", "Mary Ellen Mark", "documentary", "editorial", "film", "magazine", "master photographer", "personal project", "photo essays", "photographer", "photojournalist", "unit photography"
The Candid Frame #181 - Alexandra Avakian
Ibarionex Perello April 7, 2013
Photojournalist Alexandra Avakian has been published in National Geographic, Time, LIFE, The New York Times Magazine and more. She has covered conflict in Haiti, Lebanon, Iran and more.
Her photographic and written memoir,Windows of the Soul: My Journeys in the Muslim World, was named as one of American Photo’s year-end best. In it, she reveals a more diverse and more nuanced perspective of the muslim world.
You can discover more about her and his work by visiting her website and blog.
You discover see her work and those of other photojournalists in the War/Photography exhibit at the Annenberg Space for Photography in Los Angeles thru June 2, 2013.
Alexandra Avakian recommends the work of Susan Meiselas.
Discover the work of thirty great photographer's in Ibarionex's latest book,
You can also subscribe to the show via iTunes by clicking here or you can directly download the MP3 file by clicking here.
In "Armenian", "Middle East", "National Geographic", "conflict photographer", "conflict photography", "editorial", "magazine", "muslim", "photographer", "photography", "photojournalism", "photojournalist", "war photographer", "war photography"
The Candid Frame #174 - Jonathan Hanson
Ibarionex Perello February 18, 2013
Jonathan Hanson is a freelance photographer based in Baltimore, MD. His passion for culture, exploration and storytelling inspired him to leave his Midwestern roots for the East coast. His work is inspired by color, light and the relationships photography can often forge. He has travelled through Southeast Asia, Africa, Mexico and Canada. He received dual BA’s in Journalism and Creative Writing from Drake University. In 2010, he was selected for the Eddie Adams Workshop and was named one of the top emerging photographers in the U.S. by The Magenta Foundation. You can find out more about Jonathon and his work by visiting his website and blog.
Jonathon Hanson recommend the work of Joel Sternfeld.
In "Baltimore", "Jonathon Hanson", "commercial", "documentary", "editorial", "magazine", "personal projects", "portrait"
The Candid Frame #141 - Lauri Lyons
Lauri Lyons is a photographer who's photographic range has enabled her to shoot celebrity portraits, ad campaigns and documentaries. She has worked in Africa, Australia, Brazil, Europe, Mexico and the United States. Her photographs have appeared in such publications as The London Observer, Stern, The Fader and Art Forum. She is the first Black woman to shoot the cover of Fortune magazine.
Lauri is the author of two acclaimed books; Flag:An American Story (2001) and Flag International (2008). She was the commissioned portrait photographer for the book INSPIRATION: Portraits of Black Women Changing Our World (2012).
Lauri is the Publisher & Editor in Chief of the online publication Nomads Magazine. She is also a contributing writer for The Huffington Post and her essays have also appeared in The Wall Street Journal.com and U.S.A Today.com. You can find out more about Lauri and his work by visiting her website.
Lauri Lyons recommends the work of Ernesto Bazan.
For streaming audio click here or subscribe to the podcast for free via
In "New York", "Nomads", "african-american", "commercial", "editor", "editorial", "fine-art", "flag", "international", "magazine", "portrait", "travel", "woman"
The Candid Frame #131 - Jerod Foster
Ibarionex Perello March 4, 2012
Jerod Foster is a Texas-based magazine/editorial and travel photographer. His photographic efforts focus on environmental portraiture and natural history, where he is able to devote visual resources to telling individual stories through the photographic medium and multimedia concerted projects. His background growing up in rural ranch country partially inspires him to seek through stories out among his surrounding cultural environment. He is also the author of Storytellers: A Photographer's Guide to Developing Themes and Creating Stories with Pictures. You can discover more about Jerod and his work by visiting his website and his blog.
Jerod Foster recommends the work of Jim Richardson.
In "Texas", "author", "documentary", "editorial", "educator", "environmentalist", "magazine", "natural history", "photography podcast", "photography", "podcast photography", "portraits", "story", "storytellers"
The Candid Frame #85 - Dan Winters
Ibarionex R. Perello November 22, 2009
Dan Winters is a photographer who has been admired and honored for his work as a portraitist and illustrator. His iconic images of celebrity have adorned the covers of numerous magazines including Texas Monthly, The New York Times Magazine, the Los Angeles Times Magazine, Discover, Wired and many more. His commercial clients have included Nike, Sony, Saturn, Dreamworks and Twentieth Century Fox. He is also respected for his work in still-life and illustrations. You can discover more of his work by visiting his website.
Dan Winters recommends the work of Frederick Sommer.
In "Dan Winters", "Texas", "celebrity", "editorial", "illustrator", "lighting", "magazine", "people", "portraits", "still-life"
The Candid Frame #80 - Nevada Wier
Ibarionex R. Perello August 31, 2009
Nevada Wier is an award-winning photographer specializing in the remote corners of the globe and the cultures that inhabit them. Nevada's journeys have taken her throughout Southeast Asia, India, China, Nepal, Africa, New Zealand, Central Asia, Mongolia, South America and other obscure regions of the world.
Her work is represented for licensing by Getty and Corbis. Nevada has been published in numerous national and international publications, including: NG Adventure, Geo, Islands, National Geographic, Outdoor Photographer, Outside, and Smithsonian. She is a Fellow of The Explorer's Club, a member of the Society of Woman Geographers and was featured in a Northwest Airlines international television and print ad campaign. You can discover more of her work by visiting her website and following her blog.
Nevada Wier recommends the work of David Alan Harvey & Alex Webb.
In "Canon", "National Geographic", "Nevada", "Outside", "Santa Fe Photographic Workshop", "Wier", "editorial", "magazine", "people", "photographer", "stock", "travel", "woman", "writer"
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By Caustic Replay
InfoBarrel > Entertainment > Games > Xbox > Xbox 360
The "Number One" Problem With the Xbox One
"I'm Sorry Kids, You Can't Play Here Anymore"
Maybe a shotgun blast to the Xbox 360 console is a little extreme, but the image conveys the feeling all the same. "Thanks a lot Microsoft for rendering my entire library of games obsolete with the release of your new Xbox One!"
I'm sure it's got great graphics. I'm also sure that in time it will have a great selection of games. But why on Earth wouldn't you (Microsoft) come up with a way to allow your existing customer base to continue to enjoy their existing library of games on the new console?
There's the excuse of 'new processor architecture', and that's not compatible with previous games. According to Evan Kypreos over at TrustedReviews.com, 'The Xbox One is fundamentally different to the Xbox 360. It uses a x86-64 processor architecture processor, just like most current PCs' [1]. Okay, that's great and all, but if a MacBook can run Windows XP using Boot camp, then why can't Microsoft have designed the Xbox One to allow folks a way to play their existing games?
Evan goes on to say in his article that the processor in the Xbox One provides more power at a lower cost, which means the console is cheaper to produce. Have you seen the price tag for the Xbox One? The average price is $600! Somebody is benefiting from lower console production cost, and it's not the consumer. Maybe if the console price was lower, then abandoning the current library of Xbox 360 games would be a little more digestible, as the savings would allow buyers to go out and get a few more Xbox One games.
I think that being forced to not be able to use any of the existing hardware with the new system is inevitable, but it still stinks. The price of new Xbox 360 games sure hasn't dropped and the hardware isn't a whole lot cheaper for the existing console either. But once the Xbox One is released, Xbox 360's are going to be all over eBay and Craigslist for rock bottom prices. Just wait and see.
I also think that there is a point when graphic quality in consoles reaches a point where it is difficult to determine quality improvements. Which is why I don't see the Xbox One as a giant leap forward in its ability to provide great eye candy. I think it's really an advancement by Microsoft in how they can offer you more streamed services that you likely need to pay extra for.
This seems to leave the gamer with one question: "Now what?" Since the gamer is being forced to abandon their existing library that brings into question the possibility of switching to 'the other side'. Yeah, I'm talking about the Sony Playstation 4 (PS4). After all, if the gamer has to replace everything anyways, so why not switch to a system where backwards compatibility is at least a possibility in the future?[2]
It's not a sure thing, but at least there's a chance. And if you consider all the games released for the PS3, and their probable lower cost in the coming year, the PS4 option starts to look fairly attractive. On top of that Sony's network is about $50 annually, while Xbox Live Gold accounts cost about $60 per year on average. I've heard and read that the Xbox Live network is superior, but let's face it: if all you want to play multiplayer games online, it's better when it's cheaper.
I walked away from the Playstation platform after my 4th PS2. I had enough. I went through 3 Playstation 1's due to issues with the unit over-heating and not being able to read discs, then I went through 4 Playstation 2's, due to similar issues, and also issues with the ports. I switched to the Xbox, and the one issue I had was the famed 'Red Ring of Death' issue. Sent it back to Microsoft for repair and was fine with it until the CDROM died. Then I replaced it with the 360 Slim, which was a big improvement: quieter, built in wireless, bigger hard drive. Still, that's a bunch of messing around replacing stuff I wish I didn't have to do.
In closing, what do you think? Where do you stand? Are you loyal to Microsoft, or ready to switch to the other side, and embrace the PS4?
Next >> How Halo 4 Saved Halo Canon
Caustic Replay
Top 5 Xbox Games to get this Christmas.
Best Football Game: FIFA 13 vs. PES 2013
Halo 4 Super Review - The Campaign
Best Xbox 360 Games
Top 10 Xbox 360 Games coming soon
The Scuf One Controller for Xbox One
Top 5 Most Anticipated Xbox One Launch Titles
No Man's Sky - How to Efficiently Farm Money
14 Things Pokemon Go Doesn't Tell You
Evan Kypreos "Xbox One Backwards Compatibility - Can you play Xbox 360 games on Xbox One?." Trusted Reviews. 19/11/2013. 21/11/2013
Andrew Williams "PS4 Backwards Compatibility - Can you play PS3 games on PS4?." Trusted Reviews. 14/11/2013. 21/11/2013
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Quick Update: I have fallen and I can't get up!
My wife has taken away all my electronics for awhile, I fell on ice last Saturday and broke my ankle where the short of it is I have 8 screws and a new holding plate. I am heavy medicated and loopy, typing this I hope it makes sense. Now this is not the world's worst injury, I have never broke anything. I want to thank all my friends and family for all the support. I looked in my email folder there is like 650 emails, I cannot even pull enough to start looking at them.
I have a regular doctor's appointment today for some other issues, then it's bed rest for two solid weeks and then back to the other doctor for more... I have an iPad once in a while so I am on Facebook. My wife is sleeping right now, so she doesn't know I am here. Shhhhhhhh!
I will be back, I am really not used to this type of pain... sorry I am a wuss! I will try to catch up soon, thank you for your friendship and "I will be back"... I am going to duplicate this on my sites, so if have read this before... you have!
-Jeremy [Retro]
Hosted by Jeremy [Retro] at 6:24 AM 1 COMMENTS
Dark Horse Comics: New Releases [February 12th, 2014]
Dark Horse Comics: New Releases
Click on BOOK TITLE to see them!
Series Finale!
Clown Fatale #4 <--- The killer conclusion!
Abe Sapien #10 <--- Abe in Arizona! Scott Allie!
Creepy Comics #15 <--- Another excellent horror anthology
Star Wars #14 <--- Brian Wood is taking us to the limit!
X #10 <--- Such a brutal superhero. Get on board.
Alabaster: Pale Horse (novel) <--- SHORT STORIES! Wonder where Alabaster came from?
Lobster Johnson Volume 3: Satan Smells a Rat TPB <--- LoJo collected!
Hosted by Jeremy [Retro] at 12:00 AM 1 COMMENTS
Labels: Dark Horse, Dark Horse Comics
Six Strings with... Joei Fulco [Interview]
I had the great pleasure to talk with this upcoming film star and talented singer/artist Joei Fulco as she adds her talents to a few projects we hope to cover at our independent record label "HOWLIN' WOLF RECORDS". I wanted to thank her for Joei's time and apologize for being so behind on this... thank you!
Jeremy [HWR:OLM]
HWR:OLM: Tell us a little about yourself, your family group and do you find it difficult to keep up with all the things happening in your life?
Joei Fulco: I am a 16 year old singer, songwriter, guitarist, piano player and actress so my life is always full of work and I love it! My family and I used to play concerts together as a family band which was a wonderful experience. Now I am working on a new project with my little brother, Jesse, called Sweet Ginger Pie. We are a rockin' country group with guitar, bass, drums, and vocals. I always have a bunch of projects going on and obviously I have to finish school so I do have a lot to keep track of, but I wouldn’t have it any other way!
HWR:OLM: What are some of the experiences you will take away from working with Albert Pyun on projects like "Cyborg: Nemesis" and more recent your contributions to "Road To Hell"?
Joei Fulco: I will first take Albert's resilience in the face of adversity with me and, of course, I will take every minute of my experience with Albert Pyun because every minute I spent working with him was a learning experience for me. I had never worked on a movie before “Cyborg Nemesis” and “Road To Hell” so everything was foreign territory to me. I got to experience the process of getting cast, memorizing scripts that change on a constant basis, training to be physically fit for my characters, and the actual filming process. I didn’t realize how much work goes into making a movie and I loved every minute of being a part of it. Working with Albert Pyun has made a huge difference in my work ethic.
HWR:OLM: Share some of your thoughts of being the lead in upcoming film "Cyborg: Nemesis", were there things you expected and some were like "that was cool" (film making, being on set, scripts, etc)?
Joei Fulco: I honestly didn't know exactly what to expect when I went into the filming process. It was all new to me and everything was cool to me. I loved seeing the set, going through hair and makeup, getting to know all the other actors, and seeing a work in progress. It’s all very fast paced and very involved. When the director is as hands-on as Albert it makes everything a lot easier as an actress. Albert really helped me with anything I didn’t understand and made me feel a lot more
comfortable in the working environment.
HWR:OLM: Being multi-talented from voice to playing instruments now add acting, what do you find to be most satisfying so far?
Joei Fulco: I think that they are all on the same level for me. One doesn’t overpower the other. I’ve always loved anything that involves a performance so they all work out well. I was able to sing in both
“Cyborg Nemesis” and “Road To Hell” which was wonderful because I got to incorporate both my loves, music and acting, into one project.
HWR:OLM: The music from the film "Road To Hell" is such a strong part, you bring a certain charm and grace to the song "Streets of Fire" how did you feel recording this and did you know that this is a sort of sequel?
Joei Fulco: Thank you very much! I was told at the beginning of working on this movie that it was a follow up on the movie “Streets Of Fire” and that immediately piqued my interest! I drove out to LA to record the song with Tony Riparetti and it was so much fun. He was very nice to work with and the song was extremely fun to sing.
HWR:OLM: What is next, where would you like to see yourself in five years, considering you are just getting used to having a drivers license?
Joei Fulco: Well right now I am still off the roads. I am focusing so much on my career that I haven’t had the time to get a license to get used to! I plan on always working. I want to continue in movies and music and never stop living my dream! As long as I am performing, I’m happy!
www.meetthefulcos.com
Labels: Convention Coverage, Interviews, Six Strings with... Joei Fulco
Dark Horse: VEIL | Greg Rucka | Toni Fejzula
VEIL #1 on sale March 5
MAGNET TAKES US RIGHTS TO STAGE FRIGHT
New York (February 5, 2014) – The Wagner/Cuban Company’s Magnet Releasing, genre arm of Magnolia Pictures, announced today that they have acquired U.S. rights to STAGE FRIGHT, a genre-bending horror/comedy/musical that’s world premiering in the Midnighters section at this year’s SXSW Film Festival. STAGE FRIGHT is the feature film debut of writer/director Jerome Sable, director of the award-winning, festival favorite short, “The Legend of Beaver Dam.” STAGE FRIGHT stars Allie MacDonald and Douglas Smith, with Minnie Driver and Meat Loaf, and was produced by Ari Lantos and Jonas Bell Pasht of Serendipity Point Films. Music and Lyrics were written by Jerome Sable and longtime collaborator Eli Batalion, who also appears in the film as the wildly obsessive camp music director.
“Scream” meets “Glee” in this dark comedy musical about a starry-eyed teenager Camilla Swanson who aspires to follow in the footsteps of her Broadway diva mother. Instead she's stuck working in the kitchen of a snobby performing arts camp. Determined to change her destiny, she sneaks in to audition for the summer showcase and lands a lead role in the play, but just as rehearsals begin, blood starts to spill, and Camilla soon finds herself terrified by the horror of musical theater.
“STAGE FRIGHT is smart, stylish and incredibly fun—an assured debut from Jerome Sable, with excellent musical numbers that really deliver.” said Magnolia President Eamonn Bowles. “Its inventive and entertaining blend of slasher horror and musical comedy will appeal to genre fans of all stripes.”
"As a fan of Magnet and the movies they release, I cannot tell you how excited I am that our film is on their roster," said Sable. "I am honored that they're helping me with my lifelong dream of bringing bloodthirsty gorehounds and musical theatre geeks a little bit closer together."
Magnet is releasing the film in its Ultra VOD program, launching it on iTunes and On Demand on April 3rd, followed by a theatrical release on May 9th.
The deal was negotiated by SVP of Acquisitions Dori Begley and VP of Acquisitions Peter Van Steemburg with Nate Bolotin of XYZ films on behalf of the filmmakers. XYZ is selling international rights at this year’s EFM.
Hosted by Jeremy [Retro] at 3:51 PM 0 COMMENTS
Labels: Magnet Releasing
Sparks & Shadows: Knights Of Badassdom - Bear McCreary
(February 4, 2014 – Culver City, CA) Sparks & Shadows, the boutique record label founded by composer Bear McCreary, announces the release of KNIGHTS OF BADASSDOM – Original Motion Picture Soundtrack on February 11th. The soundtrack features performances by heavy metal and rock luminaries including Brendon Small (Dethklok), Doug Aldrich (Whitesnake, Dio), Mike Keneally (Frank Zappa), Steve Bartek (Oingo Boingo), Ira Ingber (Bob Dylan), Pete Griffin (Three Inches of Blood) and Joe Travers (Zappa Plays Zappa).
“In the darkest hours of a cold winter night, I read a script chronicling adventurous LARPers, an evil curse, a disgruntled heavy metal singer, wizards, warriors and the Hell Lord Abominog,” said McCreary. “As I read, my musical imagination filled with soaring bagpipes, drop-tuned distorted guitars, double kick drums, blaring horns, dulcimers and ethereal vocals—everything I love about music in one epic score.”
McCreary was excited to have the opportunity to work with rock and metal musicians on this project. “Early on, I reached out to Brendon Small, the creator and composer of Metalocalypse, to ask his advice on writing heavy metal music. We hit it off, and he contributed brutal solos and rhythm guitars to the score.”
Small and McCreary had worked together a few years earlier on a Freddie Mercury tribute concert. The band for this benefit included Mike Keneally, Pete Griffin, and Joe Travers, who round out the rhythm section for KNIGHTS OF BADASSDOM. Also signing on was Whitesnake’s Doug Aldrich, who adds a shredding guitar solo on “At the Gates.” Many of McCreary’s frequent collaborators are also back, including Ira Ingber playing the “down-home slide guitar,” Steve Bartek (Oingo Boingo) adding terrifying guitar textures on the horror cues, Uilleann and small Scottish pipes make an appearance—performed by Eric Rigler (who was featured on the score to Braveheart and Battlestar Galactica), with vocal performances by Brendan McCreary and Raya Yarbrough. Said McCreary, “Having access to these brilliant musicians allowed the wide emotional range of this score to be brought to life.”
A recent Emmy Award® winner for Da Vinci’s Demons, McCreary also composes Marvel’s Agents of S.H.I.E.L.D.—the #1 series debut of the 2013 fall season with 11.9 million viewers. Together with The Walking Dead, which shattered records with 16.1 million viewers for its fourth season debut, McCreary scored the #1 new show and the #1 returning show in 2013. Current projects also include new seasons of Da Vinci’s Demons and Defiance, as well as the 2014 STARZ debut series Black Sails-the premiere episode was the #1 series debut for the network and teamed McCreary once again with Executive Producer / Co-Creator Jonathan E. Steinberg, with whom he previously worked on Human Target.
KNIGHTS OF BADASSDOM follows three best friends (Peter Dinklage, Steve Zahn and Ryan Kwanten) and dedicated LARPers (Live Action Role Players) as they take to the woods to reenact a dungeons and dragons-like scenario fresh out of the mythical Middle Ages. Trouble arises after they unwittingly conjure up some serious evil in the form of a blood-lusting Succubus, from the pits of hell.
Fantasy and reality collide on the Fields of Evermore in an all-out epic battle of make believe wizards, demons and assorted mythical creatures. Their courage and friendship is put to the test as they attempt to vanquish the evil they have summoned. Will the group prove to simply be foam sword-wielding LARPers, or true “Knights of Badassdom?”
“Producing this soundtrack for KNIGHTS OF BADASSDOM has been a joyous experience. I think of it as a ‘heavy metal fantasy concept album,’” said McCreary. “The cues are presented in narrative order, for the most part, with some slight restructuring and occasional new material to facilitate a smooth musical flow.”
eOne Films presents KNIGHTS OF BADASSDOM, with TUGG screenings beginning on January 21st and available digitally and on VOD on February 11, 2014. Sparks & Shadows presents KNIGHTS OF BADASSDOM – Original Motion Picture Soundtrack available February 11, 2014. The first 360 people who purchase the CD through www.lalalandrecords.com will receive their copy autographed the composer.
Other releases from Sparks & Shadows include McCreary’s soundtracks to the series Da Vinci’s Demons (featuring the Emmy® Award winning title theme), Defiance, and Black Sails, as well as the original motion picture soundtrack for Europa Report.
JUST SAY "YES"...
Labels: Sparks and Shadows
Silva Screen Records: SHERLOCK Series 3 - David Arnold and Michael Price
SILVA SCREEN RECORDS PRESENTS
SHERLOCK - SERIES 3
David Arnold and Michael Price’s highly emotional score to the BBC TV hit remake of the Arthur Conan Doyle classic
The eagerly awaited surprise-packed new series began airing in the US on January 19th with the story entitled “The Empty Hearse”. The second and third episodes are entitled “The Sign of Three” and “His Last Vow”.
In series 3, David Arnold and Michael Price’s score takes a new direction. More strings and an epic sound bring a different music language to match the underlining emotions of the stories. The composers’ music for the previous 2 series received BAFTA and Emmy nominations and won an RTS Television Award.
David Arnold is one of the UK’s leading film composers, penning the scores to a host of blockbuster movies including STARGATE, THE CHRONICLES OF NARNIA: THE VOYAGE OF THE DAWN TREADER, INDEPENDENCE DAY, 2 FAST 2 FURIOUS, and CASINO ROYALE. Michael Price is a multi-talented composer, music editor and arranger whose credits include BAND OF BROTHERS, THE LORD OF THE RINGS AND LOVE ACTUALLY.
“If David Arnold and Michael Price did not exist, it would be necessary for man to invent them. Their contribution to SHERLOCK is immeasurable. Thrilling, cheeky, sinister, playful and simply world-class…the music's not bad either.” ?- Mark Gatiss (SHERLOCK and League of Gentlemen creator)
CD and Digital Album: SILED1438
Just Announced!... and it's Sherlock, so what is not to love?
Labels: Silva Screen Records
Intrada: NECESSARY ROUGHNESS [1991] - Bill Conti
Music Composed by BILL CONTI
INTRADA Special Collection Vol. 268
When Paramount Pictures tapped Bill Conti to score Necessary Roughness (1991), Conti was fresh off Rocky V. Given the composer’s track record, the decision to bring him in was a natural one, though the score itself sports a more “contemporary” and rock ‘n roll feel than most of its counterparts in Conti’s oeuvre. The modern sound is evident right from the strains of Conti’s “Main Title,” where the composer’s trademark horns form a muscular fanfare with a generous assortment of electric guitars and percussion laid on top. Conti’s score is built upon this principal theme, weaving in and out of the film with numerous variations throughout the picture, featuring a musical tug of war of sorts between the traditional orchestra and electric guitar/percussion ensemble as the score unfolds
For this premiere release of Bill Conti's score, Intrada was given access to the original stereo session masters stored in Paramount's vaults.
In Necessary Roughness, the Texas State Armadillos are stil reeling from a series of scandals, most notably the improper payment of players. Seeking to resurrect the program and run it the right way, Texas State tabs Ed Gennero (Hector Elizondo), a by-the-book former coach now working as a television analyst. Texas State doesn’t have much to offer since the entire roster has been cleansed, with only one player remaining from the prior regime. Still, having the opportunity to take a Division 1 program and start over with a clean slate proves irresistible to Gennero, who brings along long-time friend Wally Rig (Robert Loggia) to whip the roster into shape.
For track listing and sound samples, please visit:
Just Announced!
Labels: Intrada
Intrada: METEOR [1979] - Laurence Rosenthal
Music Composed by LAURENCE ROSENTHAL
Laurence Rosenthal’s score is a
major element of Meteor, its crescendoing
brasses and strident strings heroically suited
to the material and in the grand tradition.
--The Los Angeles Times
In its ongoing endeavor to promote interest in the film music of Laurence Rosenthal, Intrada presents this striking new issue of Rosenthal's dramatic sci-fi disaster score, Meteor (1979). The composer’s ingenuity was put to the test, as he was tasked with musically characterizing the eponymous “meteor.” The resulting sound features an imposing series of weighty, dissonant chords that slide and lurch in chaotic fashion—a musical preview of the violence and terror Orpheus will unleash, should it strike Earth. This is offset by quieter, misterioso writing for the infinite deep of space. An array of electronic and synth effects, including Craig Huxley on blaster beam, complete this picture, pointing to the asteroid’s extraterrestrial origin, speed and terrible power. The score also features a jaunty march for the Russians and Americans and a broad melody that cuts to the heart of the film’s human drama.
For this reissue Intrada accessed the original stereo 1/4" elements that were used for the previous issue of Meteor, featuring the same program while updating the cue titles to accurately reflect the film's cue sheet.
Meteor begins when NASA astrophysicist Paul Bradley (Sean Connery) is called out of retirement by his old boss, Harry Sherwood (Karl Malden), to address the looming threat of the asteroid Orpheus. Splinters of the giant rock have sent a five-mile–wide chunk hurtling toward Earth with the promise of mass devastation. Bradley’s must convince the American president (Henry Fonda) to partner with the Soviets and coordinate the two nations’ top-secret orbital nuclear platforms in order to destroy Orpheus.
DO YOU HEAR A REALLY LOUD NOISE?
Dark Horse Comics: New Releases [February 5th, 2014]
SERIES LAUNCH!
Lobster Johnson: Get the Lobster #1 <--- Killer series. John Arcudi!
Bad Blood #2 <--- Awesome horror. Jonathan Maberry!
Baltimore: Chapel of Bones #2 <--- #1 NY Times Bestselling author Christopher Golden!
Catalyst Comix #8 <--- Joe Casey!
Grindhouse: Doors Open at Midnight #5 <--- Alex de Campi!
Juice Squeezers #2 <--- David Lapham!
Robert E. Howard's Savage Sword #7 <--- A fantastic REH Anthology!
Terminator Salvation: The Final Battle #3 <--- JMS!
The Occultist #5 <--- Tim Seeley!
The Star Wars #5 <--- 3 issues to go, trade coming this spring!
The Victories #9 <---- Mike Oeming!
Avatar: The Last Airbender—The Search Library Edition HC <--- Here comes another NY Times Bestseller!
Axe Cop Volume 5: Axe Cop Gets Married and Other Stories TPB <---
Captain Midnight Volume 1 TPB <--- The 1st Cap'n Midnight trade collected! Josh Williamson!
Conan: The Phantoms of the Black Coast TPB <--- A new Conan OGN from Victor Gischler!
EC Archives: The Vault of Horror Volume 3 HC <--- NEW EC ARCHIVES! AWESOME!
Forbidden Worlds Archives Volume 3 HC <--- A classic archival addition. Check it out.
Creepy Archives Volume 18 HC <--- The best in archival horror. Period.
Mass Effect: Foundation Volume 1 TPB <--- First volume of Foundation collected!
Sherlock Holmes and the Vampires of London HC <--- Love Sherlock? READ THIS!
Star Wars: Legacy Volume 3 HC <--- Next volume of Legacy collected!
The Strain: The Fall Volume 3 TPB <--- First collection of THE FALL!
Sony Music/Masterworks: THE MONUMENTS MEN - Alexandre Desplat
THE MONUMENTS MEN [2014]
AVAILABLE FEBRUARY 4, 2014
MUSIC BY ALEXANDRE DESPLAT
Sony Music is proud to announce the release of the original motion picture soundtrack of The Monuments Men, featuring new music by the leading film composer Alexandre Desplat. Billed as “the greatest treasure hunt in history,” The Monuments Men was directed by George Clooney, who has a starring role alongside a distinguished cast including George Clooney, Matt Damon, Bill Murray, John Goodman, Jean Dujardin, Bob Balaban, Hugh Bonneville, Dimitri Leonidas, and Cate Blanchett, and a cameo performance by composer Alexandre Desplat.
The French composer Alexandre Desplat burst onto the Hollywood scene in 2003 by composing a much-admired score for The Girl With the Pearl Earring. By that time he was already an experienced writer of movie music. He has contributed to over 100 films, both commercial and independent, in France and Hollywood, received five Oscar nominations, and won Golden Globe and Grammy awards. Desplat has also composed for the theatre, including the Comédie Française. He has conducted performances of his music by the London Symphony Orchestra and the Royal Philharmonic Orchestra, as well as giving master classes at the Sorbonne in Paris and the Royal College of Music in London. His movie music was written for a variety of highly successful films, including Twilight Saga: New Moon and Harry Potter and the Deathly Hallows (parts 1 and 2), and includes five Oscar-nominated soundtracks: for The Curious Case of Benjamin Button, The Queen, The King’s Speech, The Fantastic Mr Fox and Argo.
The compositions for The Monument Men demonstrate the full range of Desplat’s talent at creating big orchestral sounds and evoking many emotions, in this case with recurring themes and a generally upbeat mood. The opening track, “The Roosevelt Mission”, is a call to arms emphasising brass instruments, followed by an “Opening Titles” track that marches along cheerfully. “Champagne” introduces variety, with a sparkling music-box sound and waltz rhythm that gradually becomes more dramatic, while “Stokes Talks” is a beautiful little set-piece of keyboard melody over serene strings. Suspense and excitement (“Sniper”) and tenderness (“Jean-Claude Dies”) are also present. “Stahl’s Chalet” is a short burst of jolly dance music, contrasting with a nine-minute “Finale” that shows Desplat’s ability to write a prolonged piece in symphonic style. “End Titles” features a whistled tune that harks back to older war movies, and the soundtrack ends with a touching rendering by Nora Segal of the classic song “Have Yourself A Merry Little Christmas”.
Desplat's Harry Potter soundtracks released on Sony Classical reached a wide audience. The high-quality music of The Monuments Men and the attractive theme of George Clooney’s film with its all-star cast give this soundtrack, too, the potential to be extremely popular.
Based on the true story of the greatest treasure hunt in history, The Monuments Men focuses on an unlikely World War II platoon, tasked by the Allies with going into Germany to rescue artistic masterpieces from Nazi thieves and returning them to their rightful owners. It would be an impossible mission: with the art trapped behind enemy lines, and with the German army under orders to destroy everything as the Reich fell, how could these guys – seven museum directors, curators, and art historians, all more familiar with Michelangelo than the M-1 gun – possibly hope to succeed? But as the Monuments Men, as they were called, found themselves in a race against time to avoid the destruction of 1000 years of culture, they would risk their lives to protect and defend mankind’s greatest achievements.
The film is produced by Grant Heslov and George Clooney, with a screenplay by George Clooney & Grant Heslov, based on the book by Robert M. Edsel with Bret Witter.
Just Announced! This is the first film I am truly excited about, I am almost positive I will dig the score from composer... Alexandre Desplat.
Labels: Sony Music/Masterworks
Joe Dante Unleashes 'Trailers from Hell' on FEARNET
FEARNET ADDS GENRE ICON JOE DANTE’S POPULAR SERIES
TO THE VOD LINEUP STARTING MONDAY, FEBRUARY 17
These Classic Movie Trailers Feature Special Voice-Over Commentary from Some of the Genre’s Biggest Names, Such as Guillermo del Toro, Roger Corman, Edgar Wright, and Rick Baker
For the First Time in the United States and Canada, the Series Will Come to Television as Special Interstitial Content on FEARNET’s Linear Channel
SANTA MONICA, CA - January 30, 2014 - FEARNET has summoned the forces of Trailers From Hell to the VOD platform, launching Monday, February 17. Fans of FEARNET’s linear channel will also be able to enjoy TRAILERS FROM HELL, as the series comes to television in the form of special interstitial content. The hit series, created by fan-favorite genre filmmaker Joe Dante (GREMLINS, THE HOWLING), takes a look at film trailers—both old and new, from the obscure to the well-known—and gives them a unique spin, adding fresh, funny, and insightful commentary from an impressive roster of acclaimed insiders and experts.
In addition to Dante, past contributors include Ti West (THE HOUSE OF THE DEVIL) on PEGGY SUE GOT MARRIED; John Landis (AN AMERICAN WEREWOLF IN LONDON) on IT’S A WONDERFUL LIFE; Troma founder Lloyd Kaufman on his cult classic THE TOXIC AVENGER; B-movie maestro Roger Corman (THE TERROR) on TALES OF TERROR; Mick Garris (MASTERS OF HORROR) on HUMANOIDS FROM THE DEEP; Edgar Wright (THE WORLD’S END) on Suspiria; Guillermo del Toro (PACIFIC RIM) on Zombie; Stuart Gordon (RE-ANIMATOR) on Mr. Sardonicus; Eli Roth (HOSTEL) on Creepshow; Oscar-winning makeup guru Rick Baker on How to Make a Monster; and many more!
“The partnership of FEARNET and TRAILERS FROM HELL is a natural, as we both enjoy spreading the word about the genre films that we love or believe should be more widely known,” Dante said. “TRAILERS FROM HELL provides filmmakers with a way to share their fascination with movies of the past and present, that influenced their work or made them want to make movies in the first place. We're thrilled to join with FEARNET to celebrate the good, the bad and the ugly.”
“We’re very excited to bring TRAILERS FROM HELL to FEARNET’s VOD and linear platforms,” said Sarah Shannon, vice president, programming and network operations, FEARNET. “With its light-hearted take on genre favorites, the series is a perfect fit for the eclectic brand of programming we specialize in. I think our audience is really going to enjoy it.”
Labels: FEARnet
Lionsgate Records: The Legend of Hercules [2014] - Tuomas Kantelinen
The Legend of Hercules [2014]
Music by: Tuomas Kantelinen
The Summit Entertainment film THE LEGEND OF HERCULES, featuring original music composed by Tuomas Kantelinen (MONGOL, THE ITALIAN KEY) will be released in theaters on January 10, 2014. The film is the second pairing of Kantelinen for director Renny Harlin, with whom he previously teamed on MINDHUNTERS.
“I was ecstatic to get to tackle the score of a movie that plays on such a grand scale,” said Kantelinen. “The film has both huge action scenes - where one can go crazy with brass and percussion - and a beautiful love story, with opportunities for a softer musical approach. From the get-go Renny wanted a more 'old-fashioned' score in the vein of classic swords and sandals movies, and as a big fan of orchestral music I was more than happy to go with his idea.”
Film music composer Tuomas Kantelinen (THE LEGEND OF HERCULES, PURGE) studied classical composing in his native Finland and continues to make music for both cinema and concert audiences. Kantelinen has scored orchestral film music for over 30 feature films, including Klaus Haro’s awarded MOTHER OF MINE, Sergei Bodrov’s epic MONGOL: THE RISE OF GENHIS KHAN, and Rosa Karo’s THE ITALIAN KEY, which earned Kantelinen several awards.
His recent credits include PURGE, ONCE UPON A TIME IN THE NORTH, YAKUZA’S DAUGHTER, both ARN: THE KNIGHT TEMPLAR and ARN: THE KINGDOM AT THE ROAD’S END, and the dark thriller MINDHUNTERS, directed by THE LEGEND OF HERCULES director Renny Harlin.
Because of their previous relationship, Kantelinen’s involvement with the project began unusually early. “I read many versions of the script and visited Bulgaria when the movie was being shot, so I got to be on set and meet the cast and crew,” he explained. “I had already started writing some themes back then and was lucky to be in Sofia when they played my piece on the set the whole day while shooting that particular scene. The cue is in the completed movie as well, so the actors where really hearing the same music on set as the audience hears in the theaters, which rarely happens.”
In the epic origin story THE LEGEND OF HERCULES, Kellan Lutz stars as the mythical Greek hero – the son of Zeus, a half-god, half-man blessed with extraordinary strength. Betrayed by his stepfather, the King, and exiled and sold into slavery because of a forbidden love, Hercules must use his formidable powers to fight his way back to his rightful kingdom. Through harrowing battles and gladiator-arena death matches, Hercules embarks on a legendary odyssey to overthrow the King and restore peace to the land.
THE LEGEND OF HERCULES, from Summit Entertainment, will be in theaters on January 10, 2014.
What can I say other than this a great score from a great composer Tuomas Kantelinen and it will have all the elements for you to enjoy. You might remember that I had a interview with the composer, that I am just thrilled about. [CLICK HERE]
Labels: Lionsgate Records
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Donald Farmer's Legendary
Invasion of the Scream Queens
Available on DVD for the First Time This June
New York, NY -- Wild Eye Releasing is honored to announce that the classic documentary Invasion of the Scream Queens will soon be available on DVD. Originally shot in the early 1990s, during the heyday of direct to video and cable TV B-movie horror, the film has been rescued from obscurity and will be released on a Special Edition 20th Anniversary DVD by Wild Eye on June 17th.
Get an inside look at what it takes to be a scream queen and hear the behind-the-scenes stories about the making of some of the most classic horror films of our time, including The Hills Have Eyes, I Spit on Your Grave, Slumber Party Massacre, and many more. Invasion of the Scream Queens takes you back to a time when the term "Scream Queen" was brand new and promised the hottest actresses in the most outrageous low budget horror movies.
Directed by cult horror icon Donald Farmer (Demon Queen, Savage Vengeance) and featuring interviews with legendary horror divas Brinke Stevens (1313: Cougar Cult, Bloody Mary 3D), Mary Woronov (House of the Devil, The Devil's Rejects), Melissa Moore (Samurai Cop, Sorority House Massacre 2), Michelle Bauer (Hollywood Chainsaw Hookers, 3 Scream Queens), Elizabeth Kaitan (Friday the 13th Part VII, Silent Night, Deadly Night, Part 2) and more. All the babes and the blood are on full display here in this classic, rare document from the history of horror.
The DVD release of Invasion of the Scream Queens (SRP $14.95) will exclusively include a new 2013 interview with Donald Farmer, deleted/extended interviews from the original production, and an excerpt featuring Linnea Quigley from the out of print book that started it all, Invasion of the Scream Queens.
http://www.wildeyereleasing.com/queens/queens.html
I loved this, it was shot on great old VHS quality and transferred from the same and for that it was very enjoyable. Listening to the hopes and dreams of these pretty ladies, remembering how many impacted my life so many years ago... making my the freak I am today.
Jeremy [Howlin' Wolf]
Labels: Wild Eye Releasing
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Israel, Greece, Cyprus Agree on EastMed Pipeline at Summit
JERUSALEM – Israel, Greece and Cyprus reached an agreement on Thursday on the planned EastMed gas pipeline during the fifth summit between the three countries held in the southern Israeli city of Beersheba.
Israeli Prime Minister Benjamin Netanyahu, his Greek counterpart Alexis Tsipras and Cypriot President Nicos Anastasiades took an important step forward towards building what could become the deepest and longest gas pipeline in the world (which is set to measure some 2,000 kilometers, or 1,243 miles).
“Today, we reaffirmed our commitment to the East-Med pipeline, discussed important aspects of the project, and we’re going to sign formally, officially this agreement in a few months,” Netanyahu said during the summit.
The European Union backs building the pipeline as it would diversify its energy supply, which currently relies mainly on Russia.
Israel and Cyprus have both discovered within their territory significant gas reservoirs.
Experts consider that its extraction could change the energy and geopolitical map of the region.
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Agreement signed today: Billion dollar investment salvages Hambantota
July 30, 2017 July 30, 2017 MrBrown 0 Comments 29,675 views
The government will enter into a billion-dollar partnership with a state-owned Chinese company today to revive the loss-making Hambantota port, the Prime Minister announced as the opposition ditched a debate on the issue.
Prime Minister Ranil Wickremesinghe said the government would conclude the agreement today on the $1.1 billion deal with China Merchants Port Holdings to jointly manage the port which had become a huge burden on the economy.
Cash from the Chinese firm’s majority stake will be used to repay part of Sri Lanka’s huge foreign debt, the Prime Minister said.
He accused members of the Joint Opposition of scuttling a parliamentary debate the government offered on the deal that involves the transfer of a 70 percent stake to the Chinese firm on a 99-year lease. “We tried to get them into a debate.
They (the JO) did not make use of the opportunity we gave them in parliament to talk about it,” The Prime Minister said. “But, how can they oppose this.”
“At the adjournment time (of parliament) the Opposition was disruptive, the Speaker asked them to go and sit. They did not go and sit, so the adjournment took place.
“Let us face the facts. How can they (the JO) go and oppose this Hambantota deal. How can they oppose it. Who signed it? We are giving the country a better deal without debt. Without any implications of security,” he said.
The Prime Minister made it clear that the former Rajapaksa regime was planning to hand over the Hambantota port on a platter to the Chinese as the government was unable to repay the huge debt.
The Prime Minister said the Hambantota port had accumulated a loss of Rs 46.7 billion since 2011. This money could have been better spent on education.
He said the government will also arrange an investor for another white elephant project of the former president, the Mattala airport, by the end of this year.
“We can find a partner for the Mattala airport by the end of this year, but I have bad news for you,” he said. “There are no takers for the Sooriyawewa cricket grounds and tax payers will have to pay for its upkeep.”
He noted that the previous government had borrowed $1.5 billion to build the port, but the Chinese valued it at much less and around $1.4 billion.Asked why there was such a discrepancy, the Prime Minister said: “That is the 1.5 billion dollar question!” The government has already announced that the Sri Lanka Navy will be responsible for the security of the port and no foreign navy will be allowed to use it as a base.
The Prime Minister also announced that the government expects between two to three billion dollars in foreign direct investments in the next two years and much of it will come from China, India and Japan.
Sri Lanka suffer heavy 304-run defeat →
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“City of art”. That’s the way Florence Italy has been defined since a very long time.
The cradle of the Italian Renaissance, with the statue of David as one of its highest and most representative symbols. But Florence is also the city of the famous paintings in the Uffizi gallery, ponte vecchio with its wordly famous gold shops, the Brunelleschi’s dome of Santa Maria del Fiore (the Duomo), Pitti Palace with also its fashion shows every year…Art and elegance.
Wandering through Florence, in some places, especially in some churches, it really looks like the history of Florence has stopped back to the Middle Ages and the Renaissance.
If we enter inside Santa Croce, for example, we immediately realize who made Florence be known through the centuries: poets, writers, architects, sculptors, painters, philisophers, astronomers, scientists…it is really the ” Pantheon of the artists”. People like Dante Alighieri, Michelangelo, Leonardo da Vinci, Machiavelli, Galileo Galilei…all genial minds who all participated in making Florence conquer immortality.
At this point, let’s go and discover what they left us with Florence guided tours!
Brief history of Florence
The Etruscans
Brunelleschi’s dome
Paintings in the Uffizi gallery
Florence’s most visited museums
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Blackburn Leads Bicameral Bill Protecting Women and Girls from Female Genital Mutilation
Senator Marsha Blackburn's Office
featuring Carrie L. Lukas
Today, Senator Marsha Blackburn (R-Tenn.) introduced S. 2017, the Federal Prohibition of Female Genital Mutilation Act of 2019 to stop female genital mutilation (FGM) and ensure successful future prosecution of those who perpetuate this practice. This legislation is cosponsored by Senators Joni Ernst (R-Iowa), Cindy Hyde-Smith (R-Miss.), Martha McSally (R-Ariz.), Shelley Moore Capito (R-W.V.), and Deb Fischer (R-Neb.).
“Perpetrators of FGM must be held responsible for their grotesque actions – even after they cross state lines,” said Senator Blackburn. “No woman or girl should have to watch her abuser go unpunished. This legislation closes a crucial loophole and introduces six circumstances under which the practice is considered a federal crime. Thank you to the Department of Justice for highlighting the need for this important legislation.”
A recent court ruling, United States v. Nagarwala, allows FGM to go unpunished under federal law. In 2018, the Michigan judge in this case found unconstitutional under Commerce Clause grounds the 1996 federal statute banning FGM. This decision effectively dismissed charges against the doctor who mutilated the genitals of several girls in the Detroit area and her co-conspirators.
In April 2019, the Department of Justice (DOJ), rather than appeal the case, asked Congress in a letter to amend the law and add requisite Commerce Clause language in 18 USC § 116(a) to address the constitutional problem. Pursuant to the Commerce Clause, Congress can regulate and protect the channels of interstate commerce, the instrumentalities of interstate commerce, and activities that “substantially affect commerce.” Current law banning FGM does not include the requisite Commerce Clause language. Amending the law will allow federal prosecutors to seek justice for victims by bringing charges against perpetrators of this practice and holding them criminally accountable.
“It’s really simple: people who commit these horrendous crimes against young women must be held accountable. This commonsense legislation clarifies the existing federal prohibition on FGM to ensure that regardless of where these criminals live, they are held responsible. It also provides females who have been victimized by such actions with the assurance that their perpetrators will not go unpunished,” said Senator Joni Ernst.
“It’s bad enough this heinous act still takes place in other countries, but it’s completely unacceptable that woman and girls in the United States can also be victims,” said Senator Hyde-Smith. “We need this legislation to clarify the law and pass constitutional muster that FGM must not go unpunished in this country.”
“Female genital mutilation is unacceptable no matter the country or the culture,” said Senator McSally.“This legislation would prohibit the practice in the United States and prosecute perpetrators to the fullest extent of federal law. I urge Congress to take up and pass this legislation swiftly to protect women and girls nationwide.”
“FGM is wrong and should be punishable by federal law. This bill is about protecting women and girls. I thank Senator Blackburn for her leadership and am proud to stand with my colleagues in opposition to this practice,” Senator Capito said.
“This crucial legislation recognizes the true nature and mobility of the violent practice of FGM in the United States,” said Penny Nance, CEO and President of Concerned Women for America Legislative Action Committee. “We know this heinous violation against women and girls involves a network of interstate and foreign actors. To achieve the goal of eradicating FGM and fully protect girls at risk, congress must affirm the constitutional validity of prohibiting FGM as a matter of interstate or foreign commerce. We applaud Senator Blackburn for her leadership on this issue.”
“200 million women and girls worldwide have undergone female genital mutilation, a barbaric and medically unnecessary procedure that permanently harms women physically and often emotionally,” said Carrie Lukas, Vice President of Independent Women’s Forum. “We cannot allow this practice to be important to the United States. This bill should be swiftly passed.”
“We are grateful to Sen. Blackburn for her leadership to combat female genital mutilation. This bill will help protect girls from this awful, and often overlooked, form of sexual assault," said Scott Berkowitz, president of the Rape, Abuse & Incest National Network, the nation’s largest anti-sexual violence organization.
Representatives Scott Perry (R-Penn.) and Louie Gohmert (R-Texas) are leading the companion bill in the House of Representatives.
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17th Congress
Executive Committee & Staff
Sources of Jewish Culture
Eshkolot
Digital Jewish Studies
Ulpan Scholarship Application Form
"Eshkolot" is a series of books published in association with Herzog College. All of Eshkolot books, along with other books published by WUJS, are available for purchase via the link.
Midrash Hakhamim Commentery on the Torah: Exodus, Numbers, Deuteronomy: published according to a unique manuscript with an introduction, notes and references – Yoav Barzilay
The commentaries of Midrash Chachamim were written by an anonymous Italian author in the early sixteenth century as part of an extensive commentary to the weekly portions of the Torah reading. Throughout the work, the author copied the early complete midrashim such as Genesis Rabba and the halakhic midrashim almost verbatim. His autonomous creation is contained mostly in the commentaries to those portions that are missing in the halakhic midrash, and as such they are contained in the books of Exodus, Numbers and Deuteronomy (though not for all portions of these books). The author tried to explain the verses according to their plain meaning, although he often incorporated in-depth discussions as well as interpretive and pedagogic excursus.
In this edition, for the first time, the commentaries of Midrash Chachamim were collated from manuscript for the 27 weekly portions for which they were written, and brought together in order to present the author’s hermeneutical approach. The edition is complemented with an introduction that shows the background for writing these commentaries and discusses the style and interpretive techniques employed by the author.
Read the introduction
The Geonic Talmud: the Attitude of the Babylonian Geonim to the Text of the Babylonian Talmud – Uziel Fuchs
The Babylonian Talmud is the fundamental work of the Oral Law, both by virtue of the widespread and intensive study of it, and by virtue of reliance on it in halakhic writings, for over a thousand years. The Talmud gained much of its importance during the Geonic period. Throughout this time its transmission shifted from oral recitation to written copies, its text became standardized, and it was sent out from the Babylonian academies across the Jewish diaspora. Its intensive study and complex system of transmission both orally and in writing resulted in many variant readings between extant copies.
This book deals with questions concerning the ways in which the Babylonian Talmud became such as seminal work, and especially the Geonate’s treatment of the its textual tradition: the ways in which the Geonim related to the variant readings, how they chose between them, and according to what criteria; to what extent were its early readings preserved and to what extent was its text altered. In the second half of the book the entire corpus in which the Geonim deal with Talmudic variants is presented and discussed.
Rabbi Kalonymus Kalman Shapira - Sermons from the Years of Rage
Daniel Reiser - Scholarly editions (vol. 1)
This book presents the sermons of Rabbi Kalonymus Kalmish Shapira, The Piaseczno Rebbe, which were delivered during the Holocaust years in the Warsaw Ghetto. The second volume is a facsimile edition, with the original manuscript on one side and the detailed line-by-line presentation of the text as the Rebbe corrected it. The second volume includes the words and passages that were deleted and is printed in 4 different colors which follow the proofs and changes that the Rebbe made in the text.
Daniel Reiser - Facsimile editions (Vol. 2)
Read the introdurcion
Nahmanide's Torah Commentary Addenda - Yosef Ofer, Jonathan Jacobs
This book presents three hundred pieces added by Rabbi Moshe ben Nachman (Nachmanides) to his commentary on the Torah when he made Aliyah to Israel at the end of his life. The added segments were identified according to update lists sent by Nachmanides himself and others to the Diaspora, as well as on the basis of extensive comparative examination of all the hand-written transcripts of Nachmanides' interpretation of the Torah found today in the world (about fifty in number). There is a comprehensive introduction at the beginning of the book, that discusses the phenomenon of the additions and analyzes the findings of the hand-written transcripts and surveys the reasons and for these additional pieces. The bulk of the book is comprised of interpretive discussions detailed in every piece, whose purpose is to clarify Nachmanides' motives when making additions to what he first wrote. In the book itself – and the website that accompanies it – detailed information is presented about the additions and the evidence of them in the list of additions and the hand-written transcripts. The awareness of the commentary's formation by those who studied the commentary, both at large and specifically for each particular piece, adds a new dimension to the commentary, and is a significant contribution to understanding the way of Nachmanides, to solving problems in his sayings and clarifying his intent. To this end, the book is a very important tool for scholars of Nachmanides, Torah learners and lovers.
Address: The Hebrew University of Jerusalem, Rabin World Center of Jewish Studies, Mt. Scopus, Jerusalem 91240, Israel
Enter your email address and sign up for our mailing list
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21st-century classical music
This article has multiple issues. Please help improve it (see how) or discuss these issues on the talk page.
This article possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of original research should be removed. (November 2011)
Periods and eras of
Western classical music
Early period
Medieval era
c. 500–1400
Renaissance era
c. 1400–1600
Common practice period
Baroque era
Classical era or period
Romantic era
Impressionist era
Modern and contemporary period
Modern and high modern (style era)
20th century (calendar era)
Contemporary or postmodern (style era)
c. 1975–present
21st century (calendar era)
21st-century classical music is art music, in the contemporary classical tradition, that has been produced since the year 2000. Some elements of the previous century have been retained, including post-modernism, polystylism and eclecticism, which seek to incorporate elements of all styles of music irrespective of whether these are "classical" or not—these efforts represent a slackening differentiation between the various musical genres. The combination of classical music and multimedia is a notable practice in the 21st century; the Internet, alongside its related technology, are important resources in this respect. The number of important female composers has also increased.
1 Music in the 21st century
2 Female composers
3 Polystylism
4 Multimedia and music
5 Technology in music production
Music in the 21st century
For its October 2009 edition,[1] the BBC Music Magazine asked 10 composers, mostly British, to discuss the latest trends in western classical music. The consensus was that no particular style is favoured and that individuality is to be encouraged. The magazine interviewed Brian Ferneyhough, Michael Nyman, Einojuhani Rautavaara, Henri Dutilleux, John Adams, James MacMillan, Jonathan Harvey, Julian Anderson, John Tavener, and Roxanna Panufnik. The works of each of these composers represent different aspects of the music of this century but these composers all came to the same basic conclusion: music is too diverse to categorise or limit. In his interview with the magazine, Dutilleux argued that "there is only good or bad music, whether serious or popular".
Anderson, a British composer, combines the music of traditional cultures from outside the western concert tradition with elements of modernism, spectral music and electronic music. His large-scale Book of Hours for 20 players and live electronics premiered in 2005.
Tavener, another British composer, draws his inspiration from eastern mysticism and the music of the Orthodox Church.[2]
Nyman is an English minimalist best known for his film score for The Piano. He often borrows from Baroque music and is an acclaimed composer of operas, including (in this century) Facing Goya and Sparkie. The latter work draws its inspiration from a talking budgie. His shorter works often written for his own Michael Nyman Band.
Often styled the "Father of New Complexity", English composer Brian Ferneyhough has recently started writing works which reference those of past composers. His Dum transisset are based on Elizabethan composer Christopher Tye's works for viol; the fourth string quartet references Schönberg. His opera Shadowtime (libretto by Charles Bernstein), which premiered in Munich in 2004, is based on the life of the German philosopher Walter Benjamin.
Rautavaara is a Finnish composer writing in a variety of forms and styles. His opera Rasputin premiered in 2003 and he has written a large—and rapidly growing—body of orchestral and chamber works.
Active from the mid-1940s until his death in 2013, the French composer Dutilleux followed the Impressionist and Neoclassical tradition of Maurice Ravel, Claude Debussy, and Albert Roussel. His last works include Correspondances and Le temps l'horloge, both of which are song cycles.
John Adams is a Pulitzer Prize-winning American composer with strong roots in minimalism. His best-known recent works include On the Transmigration of Souls (2002), a choral piece commemorating the victims of the 11 September 2001 attacks (for which he won the Pulitzer Prize for Music in 2003) and Doctor Atomic (2005), which covers Robert Oppenheimer, the Manhattan Project, and the building of the first atomic bomb. In October 2008, Adams told BBC Radio 3 that he had been blacklisted by the U.S. Homeland Security department and immigration services.[3]
MacMillan is a Scottish composer and conductor influenced by both traditional Scottish music and his own Roman Catholic faith. His most recent works include operas (The Sacrifice premiered in 2007) and a St John Passion (2008).
Harvey, a British composer, was Composer-in-Association with the BBC Scottish Symphony Orchestra from 2005 to 2008. His 21st-century works include the large-scale cantata Mothers Shall not Cry (2000), written for the BBC Proms Millennium, and the orchestral works Body Mandala (2006) and Speakings (2008).[4]
Although there have been women composers in earlier centuries (Hildegard of Bingen, Francesca Caccini, Clara Schumann, Fanny Mendelssohn, and Amy Beach are well-known examples), the 21st century has seen an increase in their number. Roxanna Panufnik, in the aforementioned interview with the BBC, says:
Attitudes towards women composers have changed during the past few decades. Even after women started getting careers, it took a while before they could find work as composers, but we got there in the end, thanks to role models such as Judith Weir, Nicola Lefanu [sic], and Thea Musgrave. Hip young things like Tansy Davies and Emily Hall will exert a great influence on the new music scene in the next ten years.[5]
Polystylism
Main article: Polystylism
Polystylism (or musical eclecticism) is a growing trend in the 21st century.[1] It combines elements of diverse musical genres and compositional techniques into a unified and coherent body of works. Composers have often started their musical career in one discipline and have later migrated to or embraced others, while retaining important elements from the former discipline. In some cases, a composer now labelled "classical" may have started out in another discipline. A specific label for John Zorn's music is difficult to choose: he started out as a performance artist and moved through various genres including jazz, hardcore punk, film music, and classical, and often embraces Jewish musical elements. All of these diverse styles appear in his works.[6]
Julian Anderson combines elements from many different musical genres and practices in his works. Elements of modernism, spectral music and electronic music are combined with elements of the folk music of Eastern Europe and the resulting works are often influenced by the modality of Indian ragas.[7]
Tansy Davies's music also fuses elements of pop and classical music. Prince and Iannis Xenakis are both major influences.[8]
Multimedia and music
The work In Seven Days (2008), by Thomas Adès, was composed for a piano, an orchestra, and six video screens. The video segments were created by Tal Rosner, Adès's civil partner.
Judith Weir's opera Armida was premiered on television, rather than on stage. Channel 4 commissioned the work in 2005. The libretto, also written by Weir, updates Torquato Tasso's 1581 epic poem, setting it in a modern Middle-East conflict which alludes to but never specifically mentions the Iraq War.[9] Weir's opera calls for props that could not be used practically in an opera house, such as a helicopter.
In 2008, Tan Dun was commissioned by Google to compose Internet Symphony No. 1—"Eroica" to be performed collaboratively by the YouTube Symphony Orchestra. This work used the internet to recruit orchestra members and the final result was compiled into a mashup video, which premiered worldwide on YouTube.[citation needed]
Technology in music production
This section does not cite any sources. Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. (February 2013)
Main article: Music technology
See also: Computer music
With the growing popularity of the home computer and the vast improvements in music production applications during the 21st century, home-based composers and performers are no longer limited to the facilities of designated recording studios. Though the technology was available in the 1990s, home computers were not capable of replicating the functionality of a professional production facility. At that time computer processors were slow, internal memory was small, hard disk storage capacities were limited, and data access times were too slow for serious multitrack recording work if using only a single device. Today's computer workstations have vastly improved performance capabilities, with data storage space in the region of several terabytes, processors with multiple cores, and onboard memory measured in gigabytes. Home users can now quickly and easily sample, record, and produce their own music using their own home recording studios, and promote it via the internet.
There are numerous types of applications involved in music production. While many will allow the user to play musical notation back via MIDI (through either external electronic instruments or internal "virtual instruments"), some of them are dedicated solely to notation, others are dedicated solely to live performance, yet others are dedicated solely to the production (i.e. recording) process itself, while a few present all these capabilities in one package. Many of these applications have capabilities to store live sound in WAV, MP3, or MP4 format (which do not involve notation) and often have functions which can transform the sound (changing the pitch, stretching the sound, merging sounds together, adding effects, and so on). Of course, there are widely used applications which are dedicated to recording sound in digital formats, and some offer these transforming functions.
List of 21st-century classical composers
Musical historicism
↑ 1.0 1.1 Shave, Nick (October 2009). "The Shape of Sounds to Come". BBC Music Magazine. Andrew Davies. 18 (1): 26–32. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Anon (27 December 1999). "Music for a New Millennium". World Service: Education: BBC News. Retrieved 14 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Thorpe, Vanessa (19 October 2008). "I'm Blacklisted, Says Opera Maestro". The Observer. Retrieved 17 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Faber Music Ltd. "Jonathan Harvey - composer". Retrieved 17 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Panufnik quoted in Shave 2009, p. 32.
↑ Service, Tom (7 March 2003). "Shuffle and cut". The Guardian. Archived from the original on 27 October 2009. Retrieved 15 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Julian Anderson at Faber Music
↑ Service, Tom (18 June 2001). "She's got the funk". The Guardian. Retrieved 15 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
↑ Jeffries, Stuart (1 December 2005). "Desert bloom". The Guardian. Retrieved 14 October 2009. <templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
Clearnessism
History of music and Classical history
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(Redirected from Pluralism (disambiguation))
Look up pluralism in Wiktionary, the free dictionary.
Pluralism is used in different ways across a wide range of topics. It denotes a diversity of views and stands rather than a single approach or method of interpretation:
Benefice#Pluralism, a situation in the sense of holding multiple ecclesiastical offices
Cosmic pluralism, the belief in numerous other worlds beyond the Earth, which may possess the conditions suitable for life
Cultural pluralism, when small groups within a larger society maintain their unique cultural identities (see Multiculturalism)
Legal pluralism, acknowledges the existence of differing legal systems in the world
Journal of Legal Pluralism, a peer-reviewed academic journal that focuses on legal pluralism
Methodological pluralism, the view that some phenomena observed in science and social science require multiple methods to account for their nature
Pluralism (industrial relations), recognition of a multiplicity of legitimate interests and stakeholders in the employment relationship
Pluralism (political philosophy), the acknowledgment of a diversity of political systems
Pluralism (political theory), belief that there should be diverse and competing centres of power in society, so that there is a marketplace for ideas
Religious pluralism, the acceptance of all religious paths as equally valid, promoting coexistence
Scientific pluralism, the view that some phenomena observed in science require multiple explanations to account for their nature
Structural pluralism, a concept used to examine the way in which societies are structured
Epistemological pluralism, methodologies for determining what we know – a set of untold truths about the world
Pluralism (philosophy), a doctrine according to which many rather than one (monism) or two (dualism) basic substances make up reality
Pluralist school, a Greek school of pre-Socratic philosophers
Value pluralism, the idea that there are several values that may be equally correct, even fundamental, and yet in conflict with each other
Artistic interpretation
Global Centre for Pluralism
This disambiguation page lists articles associated with the title Pluralism.
If an internal link led you here, you may wish to change the link to point directly to the intended article.
Retrieved from "https://infogalactic.com/w/index.php?title=Pluralism&oldid=5248351"
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THE HUNGER GAMES CUT TO GET 12A CLASSIFICATION
The Hunger Games has been cut by its distributor in order to achieve a teen-friendly rating of 12A in the UK.
The film, set in a post-apocalyptic America where adolescents fight to the death on live TV, had been facing a 15 certificate.
The British Board of Film Classification (BBFC) said seven seconds of cuts included the digital removal of "blood splashes".
The movie is based on the first of a trilogy of novels by Suzanne Collins.
The big screen adaptation stars Jennifer Lawrence, an Oscar nominee last year for Winter's Bone, in the lead role.
The cast also includes Woody Harrelson, Lenny Kravitz and Donald Sutherland.
The BBFC said the film's UK distributor Lions Gate UK "chose to make cuts in order to achieve a 12A classification".
"A number of cuts were made in one scene to reduce an emphasis on blood and injury," the BBFC report said.
"These cuts, which were implemented by digitally removing sight of blood splashes and sight of blood on wounds and weapons, were made in accordance with BBFC Guidelines and policy.
"An uncut 15 classification was available. These cuts were made in addition to reductions already made following an earlier 'advice' viewing of an incomplete version."
In the US, The Hunger Games was rated PG-13 for "intense violent thematic material and disturbing images - all involving teens".
With a target demographic similar to the Twilight and Harry Potter movie franchises, a 15 rating in the UK would have dented the film's potential box office takings.
The Hunger Games is widely tipped to be one of the highest-grossing films of the year so far.
Some industry watchers predict it could take $100m (£64m) in its opening weekend in the US.
It has already attracted crowds in Los Angeles - where hundreds of fans camped out overnight in front of the Nokia Theatre to secure tickets to the premiere on Monday night.
'Joan of Arc'
British film The Woman in Black, starring Harry Potter star Daniel Radcliffe, was also trimmed in order to gain a 12A certificate earlier this year.
In addition to six seconds of visual cuts, some shots were also darkened while others had sound levels reduced.
The Hammer film has gone on to become the most successful British horror since records began.
In The Hunger Games, Lawrence stars as teenage heroine Katniss Everdeen, a miner's daughter and skilled huntress, who enters a televised battle to the death to save her younger sister.
She has described the character as "a futuristic Joan of Arc".
The film, directed by Gary Ross, opens in the UK on 23 March.
Source: bbc.co.uk
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Extract from H.B. Kendall "The Origin and History of the Primitive Methodist Church"
pp37/41 Chap XIII Vol II Book II continued n.d. [1905]
[The Rev Kendall obviously did not have anyone proof-read his section on the Isle of Man - one hopes that other sections had fewer errors in personal/place names.
The short extract following contains all that he wrote re the Island - drawn entirely from Conference minutes and Magazine articles. See brief comment by Curry]
Extract relating to Isle of Man
..the Bolton Circuit had the courage in faith in resolving, six months after its becoming a circuit, to send John Butcher a missionary to the Isle of Man. Probably it is without a parallel that mother and daughter-circuits should come on the stations together, as was the case with Bolton and Castletown, Isle of Man, in the Conference Minutes of 1823.
John Butcher landed at Derby Haven, and "opened his mission in nearly the first house he came to." A Mr. Kelly, we are told, received him into his house, for which act of good-will he was unchurched by the denomination to which he belonged. The missionarys Journal shows that he began his labours at Castletown on Friday, January 10th, 1823, and that he went on holding services at Colby, Ballasalla, Howe, Port John [sic Port Erin], and other places in the south-west of the island.
In this Manx Mission of the Bolton Circuit we have an early and normal example of the Circuit-mission. By this is meant that the circuit has looked beyond its own doors and, assuming the functions and responsibilities of a missionary executive, has conceived the plan of sending its accredited agent to some more distant sphere. The mission is the outpost to which the circuit serves as the base. Thus regarded, the mission to the Isle of Man was the boldest thing a Primitive Methodist circuit had as yet attempted. It anticipated the Irish missions by ten, and the Edinburgh and Glasgow missions by four years. Leeds mission to London, which took place about the same time, is the only instance we can recall that can be compared with it for boldness. The London mission was a venture that failed; the Manx mission succeeded. And yet, in some respects, the latter was the bigger venture; for the Isle of Man, though not far away as mere miles count, was over-sea, and Mona was then, much more than it is now, a little kingdom apart, with its own customs and laws and even language, so that it was thing of the nature of an experiment whether Primitive Methodism would commend to these islanders of Celtic race, and take hold of their rich and fervid nature. experiment succeeded. The evangel the two Butchersthe son soon joining the fatherhad to offer fitted the Manx people as perfectly as the ball fits its socket. There was scarcely the shadow of persecution, unless the occasional exhibition of suspicion and prejudice may be counted such. "As we sang through the town some cried, Shame shame ! We get nothing much worse than this. And on the other hand, we hear many more saying, It is like the old times, when the Methodists first came to the Island." They recognised and welcomed the primitiveness of the Methodism brought them. How the work spread in this corner of the island during these first months of the year may be gathered from a joint-letter written on May 5th from Kirk Arbory, and addressed: "Dear brethren and fathers in the Gospel." The letter, of which unfortunately only the initials of the signatories are given, is a document that cannot well be omitted.
"We have the pleasure of informing you that the preachers you have sent over to us have, by their preaching and the blessing of Almighty God, been rendered instrumental in the salvation of many souls. We have now in society about two hundred members, and the work appears to be prosperous, and as if it were just beginning; for the people flock to hear them, as doves to their windows, from the distance of four or five miles, and are crying, Come, preach for us. But as we have but two preachers, they can only compass about twelve or fourteen miles in length, on one side of the Island. And as we have no local preachers, we cannot reach the places as we could wish. We have some who are nearly ready for exhorters. We have begun to have some prayer meetings, and they are a great blessing unto us.
"We have begun preaching at Douglas; one of our preachers has preached there at the market-place these five Sabbaths last past, and the services have been attended by amazingly large congregations.
"We remain, in the bonds of love and fellowship,
"A. C.; J. G.; J. C.; C. C."
At Midsummer, Henry Sharman was added to the staff of preachers, and from his Journal it is clear that already the towns of Douglas and Peel had been fastened upon and made the strategic points for further evangelistic labours. During the remainder of the year, Sharman had his "rounds," foreshadowing the branches and circuits of a later time. First, we find him labouring on the Castletown side, and then, after a time, he goes into the Douglas "round," which included Laxey. It is interesting to note that Thomas Steele was very helpful to Sharman while he was in this part. He records that "he has been made a blessing to our society in the Island," and that "we preachers believe the Lord sent him." Finally, Sharman goes for a month to more distant Peel, "a place noted for its wickedness and hardness, which gave him some concern." Land had already been secured for a chapel at Douglas. Just before the Christmas of 1823 Castletown chapel was opened; four other chapels are said to be in course of erection, and the number of members in the Island is reported as six hundred and forty-three.
For two years only Castletown stands on the stations, then it is simply "Isle of Man." Evidently Douglas soon began to take the lead, and became the residence of the superintendent. In 1842, differentiation began to show itself. We have Douglas; Ramsey Branch; and Peel Mission. In 1849, Ramsey is a circuit, with Peel as its branch; later, Peel is re-absorbed. In 1851, Castletown is a branch; and, in 1868, both Castletown and Peel have become independent stations. Finally, when, in 1887, Laxey was made a station, the present number and order of stations were arrived at. These changes reflect the vicissitudes through which our Church in the Island has passed, and the numerical returns bear similar witness. In 1832, the number of members given is 339; next year the npmber is 1,000, which is also that of 1842; but, in 1837, the number had sunk to 756. It is singular that our present numerical position in the Island is practically the same as in 1842, viz., 1,089, while the number of ministers is also the same. Seasons of spiritual declension alternating with seasons of revival do not altogether, or perhaps even mainly, account for these fluctuations. Of course they have operated and left their mark on the periodic returns. But the chief explanation will probably be found in the action, more or less acute, of economic and industrial conditions determining the flow of emigration from the Island, which has right along been a serious hindrance to the steady advance of the societies. Yet, despite this hindrance, the Isle of Man still contributes one-ninth part of the total membership of the Liverpool District, and it has strongly rooted itself in the religious and social life of the Island, as the advance the Church has made on the material side during late years strikingly shows. illustrations of this later phase of our history we hope to give hereafter; but, even confining ourselves to the earlier period, Boltons mission to the Isle of Man must be pronounced a success both in its direct and indirect results. Names which at once betray their Manx origin are found on the muster-roll of our workers, past and present, both in the Isle and out of it. They stand side by side with the plain Saxon patronymics we know so well. The blend and association of racial qualities in Christian communion and service thus indicated has been all for good. Names such as Clucos [sic Clucas], and Quayle, and Cain are unmistakeably Manx, and they are the names of some out of many who might be named, who served the interests of our Church in the Island during the earlier days. Philip Clucos [sic Clucas] (born 1809, died 1885) was a noted pioneer worker and evangelist in his day, and as such he traversed the Island, winning many converts. The hospitality of the Quayles, of Glenmaye of which society Mrs. Quayle was the first memberis reported of to this day. Of John Cain, of Rinshent [sic Renshant], Foxdale, it is said he opened his house for services, and when the farm-kitchen was too small he fitted up his barn. He was the leading spirit in the erection of the first chapel at Foxdale. His house was always open to the servants of God, and his horses at their disposal to lighten: their journeys.
Glen Maye Old Chapel
Through the biographies in the Magazines we get glimpses of other early workers and befrienders of the Cause. There are Jane Cubbon, who welcomed John Butcher to her fathers house at Colby; Patrick Cannal [sic Cannell], one of his first converts at Kirk Michael, and trustee and steward of the chapel built in 1824; Ann Quirk, who united with the first class at Douglas, and Ann Kaown, "whose house was unspeakably valuable in the introduction of Primitive Methodism into Douglas; John Corlett, local preacher, who, as a sailor, during ten years preached in the Shetland Isles, at the ports of Scotland and Ireland, and was afterwards for three years a devoted town missionary at Douglas; John Clague, of Ramsey Circuit, who preached for twenty-one years in his native Manx, and Robert Tear, also of the same circuit, "whose addresses, principally given in his native tongue, were full of originality, pointed, homely and pious, aptly illustrated by references to agricultural customs."
Returning to Bolton Circuit. In December, 1823, Henry Sharman writes: "We were enabled to send the money we owed to Bolton Circuit, and were very little short in paying all besides." So that not only was Bolton nothing out of pocket by its venture, but it had also the satisfaction of knowing that by its enterprise it had added a miniature kingdom to the Connexion, and set a worthy example before other circuits.
Any comments, errors or omissions gratefully received The Editor
HTML Transcription © F.Coakley , 2001
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Centennial Conference
DIII Philosophy
Coordinator of Officials
The Centennial Conference
In its 26th year of excellence on and off the field, the Centennial Conference is one of the nation's elite small college conferences.
On June 4, 1981, Keith Spalding, president of Franklin & Marshall College, made the announcement that "eight private colleges found it timely and appropriate to form a round-robin football schedule among institutions with similar attitudes and practices in intercollegiate football competition." With that statement, the Centennial Conference was born.
From 1983-92, the eight private colleges - Dickinson College, Franklin & Marshall College, Gettysburg College, Johns Hopkins University, Muhlenberg College, Swarthmore College, Ursinus College and Western Maryland (now McDaniel) College - participated in a football-only conference. Because of the success in operating the Centennial Football Conference, the presidents began to study the feasibility of an all-sports conference early in 1991. The presidents received a positive report from an ad hoc committee in March 1992, which also recommended that Bryn Mawr College, Haverford College and Washington College be invited to join as charter members.
On April 29, 1992, Gordon A. Haaland, president of Gettysburg College and acting chairman of the committee of the original eight presidents, announced the expansion of the Conference to an all-sports conference. He also announced that Bryn Mawr, Haverford and Washington had accepted the invitations to become charter members.
A purpose and mission statement adopted by the presidents stated, "recognizing that our fundamental purpose is the academic mission of institutions, we agree to establish an all-sports conference in the spirit of rationalizing our competition by controlling travel, schedule and costs. The Conference will be controlled by the presidents of the member institutions."
The Centennial Conference encourages athletic competition among national liberal arts colleges and universities that share similar academic aspirations and a commitment to the importance of the total educational experience of students engaged in sports. Intercollegiate athletics programs are an integral part of the life of the member institutions and flow from their educational objectives. Each institution provides a comprehensive, broad-based athletics program. All varsity sports are treated equitably, and every sport is important.
The Centennial Conference crowns champions in 24 sports and continues to sponsor intercollegiate programs of national prominence for women and men. Soccer, basketball, lacrosse and track and field are just four of the sports in which Centennial schools have been synonymous with national excellence. On the average, Centennial members boast of 21 varsity teams per campus, which is well above the national norm.
An early morning workout on the Schuylkill River for Bryn Mawr's crews; the nine Conference football titles won by Dickinson; the beauty of Franklin & Marshall's aquatic center; the historic battlefield surrounding Gettysburg's athletic facilities; the speed, stamina and strength of Haverford's cross country/track teams; events at Johns Hopkins' storied Homewood Field; the scenic beauty of a fall football afternoon on The Hill at McDaniel; basketball games at Muhlenberg's famed Memorial Hall; the traditional excellence of Swarthmore's tennis teams; the history of Ursinus' women's programs; the tradition and excitement surrounding Washington College lacrosse. These are just some of the elements that have helped the Centennial Conference foster a wonderful, rare spirit of competition, excellence and camaraderie for athletes, spectators, and alumni.
In 2015-2016, Centennial teams and individuals qualified for national Division III championship competition in all 24 sports. The Conference has had 15 teams win NCAA titles - Washington College men's lacrosse (1998) and men's tennis (1994, 1997), Ursinus College field hockey (2006), Franklin & Marshall College (2007, 2009) and Gettysburg College (2011, 2017, 2018) women's lacrosse teams, Haverford men's cross country (2010) and Johns Hopkins women’s cross country team (2012-2013-14-16-17). Fifty-nine students earned All-America recognition, including 12 who were selected to the first team.
The Centennial Conference is also equally proud of its student-athletes' accomplishments in the classroom. In 2015-16, 16 athletes were named to the CoSIDA Academic All-America teams, including six first-team selections, while five others were awarded NCAA Post-Graduate Scholarships.
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Home > Chan Robles Virtual Law Library > Philippine Laws, Statutes & Codes > :
CLICK HERE FOR THE LATEST PHILIPPINE LAWS, STATUTES & CODES
ADMINISTRATIVE ORDER NO. 270 - PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF THE LOCAL GOVERNMENT CODE OF 1991
WHEREAS, Sec. 25, Article II of the Constitution mandates that the State shall ensure the autonomy of local governments;
WHEREAS, pursuant to this declared policy, Republic Act No. 7160, otherwise known as the Local Government Code of 1991, affirms, among others, that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals;
WHEREAS, Sec. 533 of the Local Government Code of 1991 requires the President to convene an Oversight Committee for the purpose of formulating and issuing the appropriate rules and regulations necessary for the efficient and effective implementation of all the provisions of the said Code; and
WHEREAS, the Oversight Committee, after due deliberations and consultations with all the concerned sectors of society and consideration of the operative principles of local autonomy as provided in the Local Government Code of 1991, has completed the formulation of the implementing rules and regulations;
NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:
Section 1. The attached "Rules and Regulations Implementing the Local Government Code of 1991," which shall form an integral part of this Administrative Order, are hereby approved and adopted for the efficient and effective implementation of the said Code.
Sec. 2. This Administrative Order shall take effect upon its publication in a newspaper of general circulation.
DONE in the City of Manila, this 21st day of February, in the year of Our Lord, nineteen hundred and ninety-two.
RULES AND REGULATIONS IMPLEMENTING THE LOCAL GOVERNMENT CODE OF 1991
RULE I
Policy and Application
ARTICLE 1. Title. — These Rules shall be known and cited as the Rules and Regulations Implementing the Local Government Code of 1991.
ARTICLE 2. Purpose. — These Rules are promulgated to prescribe the procedures and guidelines for the implementation of the Local Government Code of 1991 in order to facilitate compliance therewith and achieve the objectives thereof.
ARTICLE 3. Declaration of Policy. — (a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units (LGUs) shall be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the National Government to the LGUs.
(b) It is also the policy of the State to ensure the accountability of LGUs through the institution of effective mechanisms of recall, initiative and referendum.
(c) It is likewise the policy of the State to require all national government agencies and offices (NGOs) to conduct periodic consultations with appropriate LGUs, nongovernmental organizations (NGOs) and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.
(d) Every LGU shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, LGUs shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
ARTICLE 4. Scope of Application. — These Rules shall apply to the following:
(a) All provinces, cities, municipalities, barangays, and such other political subdivisions as may be created by law;
(b) All LGUs in the Autonomous Region in Muslim Mindanao and other autonomous political units as may be created by law, until such time that they shall have enacted their own local government code; and
(c) NGAs and other government instrumentalities including government-owned and -controlled corporations (GOCCs) to the extent provided in the Code.
ARTICLE 5. Rules of Interpretation. — In the interpretation of the provisions of the Code, the following rules shall apply:
(a) The general welfare provisions, any provision on the powers of an LGU, and any question regarding the devolution of powers shall be liberally interpreted and resolved in their favor of the LGU.
(b) Any fair and reasonable doubt on the powers of LGUs shall be liberally interpreted and resolved in their favor; and in cases involving lower and higher level LGUs, in favor of the lower level LGU.
(c) Rights and obligations existing on the date of effectivity of the Code and arising out of contracts or any other source of prestation involving an LGU shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested.
(d) In the resolution of controversies arising under the Code where no legal provision or jurisprudence applies, the customs and traditions in the place where the controversies take place may be resorted to.
(e) In case of doubt, any tax ordinance or revenue measure shall be construed strictly against the LGU enacting it, and liberally in favor of the taxpayer. Any tax exemption, incentive, or relief granted by any LGU pursuant to the provisions of the Code shall be construed strictly against the person claiming it.
RULE II
Creation, Conversion, Division, Merger, Abolition,
and Alteration of Boundaries of Local Government Units
ARTICLE 6. Common Provisions. — (a) Authority to create LGUs — An LGU may be created, converted, divided, merged, abolished, or its boundaries substantially altered either by Act of Congress, in the case of a province, city, municipality, or any other political subdivision, or by ordinance passed by the sangguniang panlalawigan or sangguniang panlungsod concerned, in the case of a barangay located within its territorial jurisdiction, subject to such limitations and requirements prescribed in this Rule.
Notwithstanding the population requirement, the Congress may create barangays in indigenous cultural communities to enhance the delivery of basic services in said areas and in the municipalities within the Metropolitan Manila Area (MMA).
(b) Creation or conversion —
(1) The creation of an LGU or its conversion from one level to another shall be based on the following verifiable indicators of viability and projected capacity to provide services:
(i) Income — which must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate to the size of its population, as expected of the LGU. The income shall be based on 1991 constant prices, as determined by the Department of Finance (DOF).
(ii) Population — which shall be the total number of inhabitants within the territorial jurisdiction of the LGU.
(iii) Land area — which must be contiguous, unless it comprises two (2) or more islands or is separated by an LGU independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace.
(2) Compliance with the foregoing indicators shall be attested by:
(i) The Secretary of Finance as to the income requirement in the case of provinces and cities, and the provincial treasurer in the case of municipalities;
(ii) The Administrator of the National Statistics Office (NSO) as to the population requirement; and
(iii) The Director of the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR) as to the land area requirement.
(c) Division or merger — Division or merger of existing LGUs shall comply with the same requirements for their creation. Such division or merger shall not reduce the income, population, or land area of the original LGU or LGUs to less than the prescribed minimum requirements and that their income classification shall not fall below their current income classification prior to the division or merger.
(d) Abolition — An LGU may be abolished when its income, population, or land area has been irreversibly reduced during the immediately preceding three (3) consecutive years to less than the requirements for its creation, as certified by DOF, in the case of income; by NSO, in the case of population; and by LMB, in the case of land area. The law or ordinance abolishing an LGU shall specify the province, city, municipality, or barangay to which an LGU sought to be abolished will be merged with.
(e) Updating of income classification — The income classification of LGUs shall be updated by DOF within six (6) months from the effectivity of the Code to reflect the changes in the financial position resulting from the increased revenues.
(f) Plebiscite — (1) No creation, conversion, division, merger, abolition, or substantial alteration of boundaries of LGUs shall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the LGU or LGUs directly affected. The plebiscite shall be conducted by the Commission on Elections (COMELEC) within one hundred twenty (120) days from the effectivity of the law or ordinance prescribing such action, unless said law or ordinance fixes another date.
(2) The COMELEC shall conduct an intensive information campaign in the LGUs concerned at least twenty (20) days prior to the plebiscite, in the case of provinces, cities, and municipalities; and ten (10) days, in the case of barangays. The COMELEC may seek the assistance of national and local government officials, mass media, NGOs, and other interested parties.
(g) Beginning of corporate existence — When a new LGU is created, its corporate existence shall commence upon the election and qualification of its chief executive and a majority of the members of its sanggunian, unless some other time is fixed therefore by the law or ordinance creating it.
ARTICLE 7. Selection and Transfer of Local Government Site, Offices, and Facilities. — (a) The seat of government of an LGU from where governmental and corporate services are delivered shall be at the site designated by the law or ordinance creating the LGU.
(b) In the case of a province, the site shall be within its capital town or city.
(c) In selecting the site, factors relating to geographical centrality, accessibility, availability of transportation and communication facilities, drainage and sanitation, development and economic progress, and other relevant considerations shall be taken into account.
(d) When subsequent to the establishment of the government site conditions and developments in the LGU have significantly changed, the sanggunian may, after public hearing and by a vote of two-thirds (2/3) of all its members, transfer the government site to a location best suited to present needs and anticipated future development and progress. No transfer shall be made outside the territorial boundaries of the LGU concerned. The old site, together with the improvements thereon, may be disposed of by sale or lease or converted to such other use as the sanggunian may deem beneficial to the LGU and its inhabitants.
(e) Local government offices and facilities shall not be transferred, relocated, or converted to other uses unless public hearings are first conducted for the purpose and the concurrence of a majority of all the members of the sanggunian is obtained.
ARTICLE 8. Government Centers. — (a) Every province, city, and municipality shall endeavor to establish a government center where offices, agencies, or branches of the National Government, LGUs or GOCCs may, as far as practicable, be located.
(b) The LGU shall take into account its existing facilities and those of NGAs in designating such government center.
(c) Construction of buildings in the government center shall conform with the overall physical and architectural plans and motif of the government center, as approved by the sanggunian concerned.
(d) The National Government, LGU, or GOCC concerned shall bear the expenses for the construction of its own buildings and facilities in the government center.
ARTICLE 9. Provinces. — (a) Requisites for creation — A province shall not be created unless the following requisites on income and either population or land area are present:
(1) Income — An average annual income of not less than Twenty Million Pesos (P20,000,000.00) for the immediately preceding two (2) consecutive years based on 1991 constant prices, as certified by DOF. The average annual income shall include the income accruing to the general fund, exclusive of special funds, special accounts, transfers, and nonrecurring income; and
(2) Population or land area — Population which shall not be less than two hundred fifty thousand (250,000) inhabitants, as certified by NSO; or land area which must be contiguous with an area of at least two thousand (2,000) square kilometers, as certified by LMB. The territory need not be contiguous if it comprises two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province. The land area requirement shall not apply where the proposed province is composed of one (1) or more islands. The territorial jurisdiction of a province sought to be created shall be properly identified by metes and bounds.
The creation of a new province shall not reduce the land area, population, and income of the original LGU or LGUs at the time of said creation to less than the prescribed minimum requirements. All expenses incidental to the creation shall be borne by the petitioners.
(b) Procedure for creation —
(1) Petition — Interested municipalities or component shall submit the petition, in the form of a resolution, of their respective sanggunians requesting the creation of a new city to the Congress, and furnish copies thereof to the sangguniang panlalawigan of the original province or provinces.
(2) Comments on petition — The sangguniang panlalawigan of the original province or provinces shall submit to the Congress its comments and recommendations on the petition for creation of the proposed province.
(3) Documents to support petition — The following documents shall be attached to the petition for creation:
(i) Certification by DOF that the average annual income of the proposed province meets the minimum income requirement and that its creation will not reduce the income based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed minimum;
(ii) Certification by the NSO as to population of the proposed province and that its creation will not reduce the population of the original LGUs to less than the prescribed minimum;
(iii) Certification by LMB that the land area of the proposed province meets the minimum land area requirement and that its creation will not reduce the land area of the original LGU or LGUs to less than the prescribed minimum;
(iv) Map of the original LGU or LGUs, indicating the areas to be created into a province. The map shall be prepared by the provincial, city, or district engineer and shall clearly indicate the road network within the proposed province; and
(v) Such other information that the petitioners may deem relevant for consideration in the petition.
All costs incurred in the production of the required documents shall be borne by the petitioning LGUs.
(4) Plebiscite —
(i) Upon the effectivity of the law creating a province, the COMELEC shall conduct a plebiscite in the LGU or LGUs directly affected within one hundred twenty (120) days or within the period specified in the law.
(ii) The COMELEC shall conduct an intensive information campaign in the LGUs concerned at least twenty (20) days prior to the plebiscite. For this purpose, the COMELEC may seek the assistance of national and local government officials, mass media, NGOs, and other interested parties.
(c) Beginning of corporate existence — When a province is created, its corporate existence shall commence upon the election and qualification of its governor and a majority of the members of its sanggunian unless some other time is fixed therefore by the law creating it.
ARTICLE 10. Status of Existing Subprovinces. — (a) The existing subprovinces of Biliran in the province of Leyte, and Guimaras in the province of Iloilo, shall automatically be converted into regular provinces upon approval by a majority of the votes cast in a plebiscite to be held in the said subprovince and the original provinces directly affected which shall be conducted by the COMELEC simultaneously with the national elections on May 11, 1992.
(b) The new legislative districts created as a result of such conversion shall continue to be represented in the Congress by the duly elected representatives of the original districts out of which the new provinces or districts were created until their own representatives shall have been elected in the next regular congressional elections and have qualified.
(c) The incumbent elective officials of the subprovinces converted into regular provinces shall continue to hold office until June 30, 1992. Any vacancy occurring in the offices occupied by said incumbents, or resulting from expiration of their terms of office in case of a negative vote in the plebiscite results, shall be filled by appointment by the President.
(d) The appointees shall hold office until their successors shall have been elected in the regular local elections following the plebiscite and have qualified.
(e) After effectivity of such conversion, the President shall appoint the governor, vice governor and other members of the sangguniang panlalawigan if none has yet been appointed, all of whom shall likewise hold office until their successors shall have been elected in the next regular local elections and have qualified.
(f) All qualified appointive officials and employees in the career service of the subprovinces at the time of their conversion into regular provinces shall continue in office in accordance with civil service law, rules and regulations.
ARTICLE 11. Cities. — (a) Requisites for creation — A city shall not be created unless the following requisites on income and either population or land area are present:
(1) Income — An average annual income of not less than Twenty Million Pesos (P20,000,000.00), for the immediately preceding two (2) consecutive years based on 1991 constant prices, as certified by DOF. The average annual income shall include the income accruing to the general fund, exclusive of special funds, special accounts, transfers, and nonrecurring income; and
(2) Population or land area — Population which shall not be less than one hundred fifty thousand (150,000) inhabitants, as certified by the NSO; or land area which must be contiguous with an area of at least one hundred (100) square kilometers, as certified by LMB. The territory need not be contiguous if it comprises two (2) or more islands or is separated by a chartered city or cities which do not contribute to the income of the province. The land area requirement shall not apply where the proposed city is composed of one (1) or more islands. The territorial jurisdiction of a city sought to be created shall be properly identified by metes and bounds.
The creation of a new city shall not reduce the land area, population, and income of the original LGU or LGUs at the time of said creation to less than the prescribed minimum requirements. All expenses incidental to the creation shall be borne by the petitioners.
(1) Petition — Interested municipalities or barangays shall submit the petition, in the form of a resolution, of their respective sanggunians requesting the creation of a new city to the Congress, and furnish copies thereof to the sangguniang panlalawigan or sangguniang panlungsod of the LGUs concerned.
(2) Comments on petition — The sangguniang panlalawigan or sangguniang panlungsod shall submit to the Congress its comments and recommendations on the petition for creation of the city.
(i) Certification by DOF that the average annual income of the proposed city meets the minimum income requirement and that its creation will not reduce the income based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed minimum;
(ii) Certification by NSO as to population of the proposed city and that its creation will not reduce the population of the original LGUs to less than the prescribed minimum;
(iii) Certification by LMB that the land area of the proposed city meets the minimum land area requirement and that its creation will not reduce the land area of the original LGU or LGUs to less than the prescribed minimum;
(iv) Map of the original LGU or LGUs, indicating the areas to be created into a city. The map shall be prepared by the provincial, city, or district engineer as the case may be and shall clearly indicate the road network within the proposed city;
(v) Certification by LMB that disposable and alienable public lands are available in the area to be created into a city sufficient to meet its growing population and the following purposes:
º Government center site of not less than ten thousand (10,000) square meters which shall include the city hall site and those of other government buildings;
º Market site of not less than ten thousand (10,000) square meters, located out of view of the city hall, schools, plaza, and cemetery and near but not along a provincial road, railroad station, navigable river, or sea;
º Plaza or park of not less than ten thousand (10,000) square meters located preferably in front of the city hall;
º School site of not less than ten thousand (10,000) square meters, in well-drained location that conforms with the requirements prescribed by public school authorities; and
º Cemetery site of not less than five thousand (5,000) square meters for every ten thousand (10,000) population which conforms with the requirements prescribed by the health authorities;
(vi) Number and nature of existing and commercial establishments in the territory of the proposed city as certified by NSO;
(vii) Sources of potable water supply for the inhabitants as certified by the Local Water Utilities Administration (LWEI) or the Metropolitan Waterworks and Sewerage System (MWSS), as the case may be;
(viii) Facilities, plans, and site for sewerage, garbage and waste disposal as certified by the local engineer; and
(ix) Such other information that the petitioners may deem relevant for consideration in the petition.
(i) Upon the effectivity of the law creating a city, the COMELEC shall conduct a plebiscite in the LGUs directly affected within one hundred twenty (120) days or within the period specified in the law.
(c) Beginning of corporate existence. — When a city is created, its corporate existence shall commence upon the election and qualification of its mayor and a majority of the members of its sanggunian, unless some other time is fixed therefore by the law creating it.
ARTICLE 12. Conversion of a Component City Into a Highly-Urbanized City. — (a) Requisites for conversion — A component city shall not be converted into a highly-urbanized city unless the following requisites are present:
(1) Income — latest annual income of not less than Fifty Million Pesos (P50,000,000.00) based on 1991 constant prices, as certified by the city treasurer. The annual income shall include the income accruing to the general fund, exclusive of special funds, transfers, and non-recurring income; and
(2) Population — which shall not be less than two hundred thousand (200,000) inhabitants, as certified by NSO.
(b) Procedure for conversion —
(1) Resolution — The interested component city shall submit to the Office of the President a resolution of its sanggunian adopted by a majority of all its members in a meeting duly called for the purpose, and approved and endorsed by the city mayor. Said resolution shall be accompanied by certifications as to income and population.
(2) Declaration of conversion — Within thirty (30) days from receipt of such resolution, the President shall, after verifying that the income and population requirements have been met, declare the component city as highly-urbanized.
(3) Plebiscite — Within one hundred twenty (120) days from the declaration of the President or as specified in the declaration, the COMELEC shall conduct a plebiscite in the city proposed to be converted. Such plebiscite shall be preceded by a comprehensive information campaign to be conducted by the Comelec with the assistance of national and local government officials, media, NGOs, and other interested parties.
(c) Effect of Conversion —
The conversion of a component city into a highly-urbanized city shall make it independent of the province where it is geographically located.
ARTICLE 13. Municipalities. — (a) Requisites for Creation — A municipality shall not be created unless the following requisites are present:
(i) Income — An average annual income of not less than Two Million Five Hundred Thousand Pesos (P2,500,000.00), for the immediately preceding two (2) consecutive years based on 1991 constant prices, as certified by the provincial treasurer. The average annual income shall include the income accruing to the general fund, exclusive of special funds, special accounts, transfers, and nonrecurring income;
(ii) Population — which shall not be less than twenty five thousand (25,000) inhabitants, as certified by NSO; and
(iii) Land area — which must be contiguous with an area of at least fifty (50) square kilometers, as certified by LMB. The territory need not be contiguous if it comprises two (2) or more islands. The requirement on land area shall not apply where the proposed municipality is composed of one (1) or more islands. The territorial jurisdiction of a municipality sought to be created shall be properly identified by metes and bounds.
The creation if a new municipality shall not reduce the land area, population, and income of the original LGU or LGUs at the time of said creation to less than the prescribed minimum requirements. All expenses incidental to the creation shall be borne by the petitioners.
(1) Petition — Interested barangays shall submit the petition, in the form of a resolution, of their respective sanggunians requesting the creation of a new municipality to the Congress, and furnish copies thereof to the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan of the LGUs concerned.
(2) Comments on petition — The sangguniang panlungsod or sangguniang bayan, together with the sangguniang panlalawigan, shall submit to the Congress its comments and recommendations on the petition for creation of the municipality.
(i) Certification by the provincial treasurer, in the case of municipalities and component cities, and the city treasurer, in the case of highly-urbanized cities, that the average annual income of the proposed municipality meets the minimum income requirement and that its creation will not reduce the income, based on 1991 constant prices, of the original LGU or LGUs to less than the prescribed minimum;
(ii) Certification by NSO as to population of the proposed municipality and that its creation will not reduce the population of the original LGU or LGUs to less than the prescribed minimum;
(iii) Certification by the LMB that the land area of the proposed municipality meets the minimum land area requirement and that its creation will not reduce the land area of the original LGU or LGUs to less than the prescribed minimum;
(iv) Map of the original LGU or LGUs, indicating the areas to be created into a municipality. The map shall be prepared by the provincial, city, or district engineer as the case may be and shall clearly indicate the road network within the proposed city;
(v) Certification by LMB that disposable and alienable public lands are available in the area to be created into a municipality sufficient to meet its growing population and the following purposes:
º Government center site of not less than five thousand (5,000) square meters which shall include the municipal hall site and those of other government buildings;
º Market site of not less than five thousand (5,000) square meters, located out of view of the municipal hall, schools, plaza, and cemetery and near but not along a provincial road, railroad station, navigable river, or sea;
º Plaza or park of not less than five thousand (5,000) square meters located preferably in front of the municipal hall;
º School site of not less than five thousand (5,000) square meters, in well-drained location that conforms with the requirements prescribed by public school authorities; and
º Cemetery site of not less than five thousand (5,000) square meters for every ten thousand (10,000) population which conforms with the requirements prescribed by health authorities.
(vi) Number and nature of existing industrial and commercial establishments in the territory of the proposed municipality as certified by NSO;
(vii) Sources of potable water supply for the inhabitants as certified by LWUA or MWSS, as the case may be;
(i) Upon the effectivity of the law creating a municipality, the COMELEC shall conduct a plebiscite in the LGUs directly affected within one hundred twenty (120) days or within the period specified in the law.
(c) Beginning of corporate existence. — When a municipality is created, its corporate existence shall commence upon the election and qualification of its mayor and a majority of the members of its sanggunian, unless some other time is fixed therefore by the law creating it.
ARTICLE 14. Barangays. — (a) Creation of barangays by the sangguniang panlalawigan shall require prior recommendation of the sangguniang bayan.
(b) New barangays in the municipalities within MMA shall be created only by Act of Congress, subject to the limitations and requirements prescribed in this Article.
(c) Notwithstanding the population requirement, a barangay may be created in the indigenous cultural communities by Act of Congress upon recommendation of the LGU or LGUs where the cultural community is located.
(d) A barangay shall not be created unless the following requisites are present:
(1) Population — which shall not be less than two thousand (2,000) inhabitants, except in municipalities and cities within MMA and other metropolitan political subdivisions as may be created by law, or in highly-urbanized cities where such territory shall have a population of at least five thousand (5,000) inhabitants, as certified by NSO. The creation of a barangay shall not reduce the population of the original barangay or barangays to less than the prescribed minimum.
(2) Land area — which must be contiguous, unless comprised by two (2) or more islands. The territorial jurisdiction of a barangay sought to be created shall be properly identified by metes and bounds or by more or less permanent natural boundaries.
All expenses incidental to the creation shall be borne by the petitioners.
(e) Procedure for creation —
(1) Petition — A written petition of a majority of the registered voters residing in the area sought to be created or resolutions of the sangguniang barangays desiring to be merged, as the case may be, shall be presented to the sangguniang panlalawigan, upon recommendation of the sangguniang bayan concerned, or to the sangguniang panlungsod, for appropriate action.
In the case of municipalities within MMA, a similar petition or resolution shall be presented to the Congress, upon recommendation of the sangguniang bayan concerned.
(2) Documents to support petition — In addition to the petition or resolution, the following shall be submitted:
(i) Certification by NSO as to the population of the proposed barangay and that its creation will not reduce the population of the original barangay or barangays to less than the prescribed minimum.
(ii) Map of the original barangay or barangays indicating the areas to be created into a new barangay and technical description certified by LMB or city or municipal assessor, as the case may be.
(3) Comments on petition — The presiding officer of the sangguniang bayan shall require the sangguniang barangay of the original barangay or barangays to submit their comments on the proposed creation within twenty (20) days after receipt of said petition or resolution which shall serve as basis for recommending appropriate action thereon to the sangguniang panlalawigan.
(4) Action on petition — The sangguniang panlalawigan or sangguniang panlungsod shall, within fifteen (15) days from submission of the petition and other required supporting documents, take action granting or denying the petition.
(i) The ordinance granting the petition creating a new barangay shall be approved by two-thirds (2/3) of all the members of the sangguniang panlalawigan or sangguniang panlungsod.
The ordinance shall properly identify by metes and bounds or by natural boundaries, the territorial jurisdiction of the new barangay. The ordinance shall likewise fix the date of the plebiscite to be conducted by the COMELEC in the area or areas directly affected to ratify the creation of the new barangay.
(ii) A denial shall be in the form of a resolution stating clearly the facts and reasons for such denial.
(5) Submission of ordinance to the COMELEC — Within thirty (30) days before the plebiscite, the secretary to the sangguniang panlalawigan or sangguniang panlungsod shall furnish the COMELEC with a signed official copy of the ordinance creating the barangay.
(6) Conduct of information campaign — The COMELEC shall conduct an intensive information campaign in the LGUs concerned at least ten (10) days prior to the plebiscite. For this purpose, the COMELEC may seek the assistance of national and local government officials, mass media, NGOs, and other interested parties.
(7) Submission of plebiscite results — At least seven (7) days after the conduct of the plebiscite, the city or municipality concerned shall submit the Certificates of Canvass of Votes Cast, Statement of Affirmative and Negative Votes, Abstentions Cast in every voting center as well as the provincial or city ordinance creating the barangay to the COMELEC and DILG central office for inclusion in the Official Masterlist of Barangays.
(f) Beginning of corporate existence — When a barangay is created, its corporate existence shall commence upon the election and qualification of its punong barangay and a majority of the members of its sanggunian unless some other time is fixed therefore by the law or ordinance creating it.
(g) Financial requirement — The financial requirements of the barangays created by LGUs after the effectivity of the Code shall be the responsibility of the LGU concerned.
(h) Consolidation plan of barangays — Based on the criteria prescribed in this Article, the governor or city mayor may prepare a consolidation plan for barangays within his territorial jurisdiction. The said plan shall be submitted to the sangguniang panlalawigan or sangguniang panlungsod for appropriate action.
In the case of municipalities within MMA and other metropolitan political subdivisions as may be created by law, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan concerned.
RULE III
Settlement of Boundary Disputes
ARTICLE 15. Definition and Policy. — There is a boundary dispute when a portion or the whole of the territorial area of an LGU is claimed by two or more LGUs. Boundary disputes between or among LGUs shall, as much as possible, be settled amicably.
ARTICLE 16. Jurisdictional Responsibility. — Boundary disputes shall be referred for settlement to the following:
(a) Sangguniang panlungsod or sangguniang bayan for disputes involving two (2) or more barangays in the same city or municipality, as the case may be;
(b) Sangguniang panlalawigan, for those involving two (2) or more municipalities within the same province;
(c) Jointly, to the sanggunians of provinces concerned, for those involving component cities or municipalities of different provinces; or
(d) Jointly, to the respective sanggunians, for those involving a component city or municipality and a highly-urbanized city; or two (2) or more highly-urbanized cities.
ARTICLE 17. Procedures for Settling Boundary Disputes. — The following procedures shall govern the settlement of boundary disputes:
(a) Filing of petition — The sanggunian concerned may initiate action by filing a petition, in the form of a resolution, with the sanggunian having jurisdiction over the dispute.
(b) Contents of petition — The petition shall state the grounds, reasons or justifications therefore.
(c) Documents attached to petition — The petition shall be accompanied by:
(1) Duly authenticated copy of the law or statute creating the LGU or any other document showing proof of creation of the LGU;
(2) Provincial, city, municipal, or barangay map, as the case may be, duly certified by the LMB;
(3) Technical description of the boundaries of the LGUs concerned;
(4) Written certification of the provincial, city, or municipal assessor, as the case may be, as to territorial jurisdiction over the disputed area according to records in custody;
(5) Written declarations or sworn statements of the people residing in the disputed area; and
(6) Such other documents or information as may be required by the sanggunian hearing the dispute.
(d) Answer of adverse party — Upon receipt by the sanggunian concerned of the petition together with the required documents, the LGU or LGUs complained against shall be furnished copies thereof and shall be given fifteen (15) working days within which to file their answers.
(e) Hearing — Within five (5) working days after receipt of the answer of the adverse party, the sanggunian shall hear the case and allow the parties concerned to present their respective evidences.
(f) Joint hearing — When two or more sanggunians jointly hear a case, they may sit en banc or designate their respective representatives. Where representatives are designated, there shall be an equal number of representatives from each sanggunian. They shall elect from among themselves a presiding officer and a secretary. In case of disagreement, selection shall be by drawing lot.
(g) Failure to settle — In the event the sanggunian fails to amicably settle the dispute within sixty (60) days from the date such dispute was referred thereto, it shall issue a certification to that effect and copies thereof shall be furnished the parties concerned.
(h) Decision — Within sixty (60) days from the date the certification was issued, the dispute shall be formally tried and decided by the sanggunian concerned. Copies of the decision shall, within fifteen (15) days from the promulgation thereof, be furnished the parties concerned, DILG, local assessor, COMELEC, NSO, and other NGAs concerned.
(i) Appeal — Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the dispute by filing therewith the appropriate pleading, stating among others, the nature of the dispute, the decision of the sanggunian concerned and the reasons for appealing therefrom. The Regional Trial Court shall decide the case within one (1) year from the filing thereof. Decisions on boundary disputes promulgated jointly by two (2) or more sangguniang panlalawigans shall be heard by the Regional Trial Court of the province which first took cognizance of the dispute.
ARTICLE 18. Maintenance of Status Quo. — Pending final resolution of the dispute, the status of the affected area prior to the dispute shall be maintained and continued for all purposes.
ARTICLE 19. Official Custodian. — The DILG shall be the official custodian of copies of all documents on boundary disputes of LGUs.
RULE IV
Naming of Local Government Units,
Public Places, Streets, and Structures
ARTICLE 20. Naming by the Sangguniang Panlalawigan. — The sangguniang panlalawigan, in consultation with the National Historical Institute (NHI), referred to as the Philippine Historical Commission in the Code, may change the name of the following within its territorial jurisdiction:
(a) Component cities and municipalities, upon the recommendation of the sangguniang panlungsod or sangguniang bayan, as the case may be;
(b) Provincial roads, streets, avenues, boulevards, thoroughfares, and bridges;
(c) Provincial public vocational or technical schools and other post-secondary and tertiary schools;
(d) Provincial hospitals, health centers, and other health facilities; and
(e) Any other public place or building owned by the province.
ARTICLE 21. Naming by the Sanggunians of Highly-Urbanized Cities and Independent Component Cities. — The sanggunians of highly-urbanized cities and component cities whose charters prohibit their voters from voting for provincial elective officials, hereinafter referred to as independent component cities may, in consultation with NHI, change the name of the following within their respective territorial jurisdictions:
(a) City barangays, upon the recommendation of the sangguniang barangay;
(b) City and barangay roads, streets, avenues, boulevards, thoroughfares, and bridges;
(c) City public elementary, secondary, and vocational or technical schools, community colleges, and non-chartered colleges;
(d) City hospitals, health centers, and other health facilities; and
(e) Any other public place or building owned by the city.
ARTICLE 22. Naming by the Sanggunians of Component Cities and Municipalities. — The sanggunians of component cities and municipalities may, in consultation with the NHI, change the name of the following within their respective territorial jurisdictions:
(a) City and municipal barangays, upon the recommendation of the sangguniang barangay;
(b) City, municipal, and barangay roads, streets, avenues, boulevards, thoroughfares, and bridges;
(c) City and municipal public elementary, secondary, and vocational or technical schools, post-secondary and other tertiary schools;
(d) City and municipal hospitals, health centers, and other public health facilities; and
(e) Any other public place or building owned by the city or municipality.
ARTICLE 23. Guidelines and Limitations. — (a) No name of LGUs, public places, streets, and structures with historical, cultural, or ethnic significance shall be changed, unless by unanimous vote of the sanggunian and in consultation with NHI.
(b) No change in name of an LGU shall be effective unless ratified in a plebiscite called for the purpose.
(c) Naming shall be subject to the following conditions:
(1) Naming after a living person shall not be allowed;
(2) A change in name shall be made only for a justifiable reason;
(3) Any change shall not be made more than once every ten (10) years;
(4) A change in name of a local public school shall be made only upon the recommendation of the local school board;
(5) A change in name of local public hospitals, health centers, and other health facilities shall be made only upon the recommendation of the local health board;
(6) The whole length of a street shall have only one name; and
(7) The name of a family in a particular community whose members significantly contributed to the welfare of the Filipino people may be used;
(d) The Office of the President, the representative of the legislative district concerned, and the Postal Services Office shall be notified of any change in name of LGUs, public places, streets, and structures.
RULE V
Basic Services and Facilities
ARTICLE 24. Devolution. — (a) Consistent with local autonomy and decentralization, the provision for the delivery of basic services and facilities shall be devolved from the National Government to provinces, cities, municipalities, and barangays so that each LGU shall be responsible for a minimum set of services and facilities in accordance with established national policies, guidelines, and standards.
(b) For purposes of this Rule, devolution shall mean the transfer of power and authority from the National Government to LGUs to enable them to perform specific functions and responsibilities.
(c) Any subsequent change in national policies, guidelines, and standards shall be subject to prior consultation with LGUs.
ARTICLE 25. Responsibility for Delivery of Basic Services and Facilities. — The LGUs shall, in addition to their existing functions and responsibilities, provide basic services and facilities devolved to them covering, but not limited to, the following:
(a) Agricultural support services through a distribution system for agriculture and fishery inputs and the operation of agricultural and fishery produce collection and buying stations;
(b) Health and social welfare services, through maintenance of barangay health and daycare centers;
(c) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;
(d) Administration and maintenance of the Katarungang Pambarangay;
(e) Maintenance of barangay roads and bridges and water supply systems;
(f) Infrastructure facilities such as multipurpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;
(g) Information and reading center; and
(h) Satellite public market, where viable.
(a) Agriculture and fishery extension and on-site research through:
(1) dispersal of livelihood and poultry, fingerlings, and other seeding materials for agriculture;
(2) establishment and maintenance of seed farms for palay, corn, and vegetables; medicinal plant gardens; seedling nurseries for fruit trees, coconuts, and other trees or crops; and demonstration farms;
(3) Enforcement of standards for quality control or copra and improvement and development of local distribution channels, preferably through cooperatives;
(4) Maintenance and operation of interbarangay irrigation system;
(5) Implementation of water and soil resource utilization and conservation projects; and
(6) Enforcement of fishery laws in municipal waters, including conservation of mangroves.
(b) In accordance with national policies and subject to supervision, control, and review of DENR, implementation of community-based forestry projects through:
(1) Integrated social forestry programs and similar projects;
(2) Management and control of communal forests with an area not exceeding fifty (50) square kilometers; and
(3) Establishment of tree parks, greenbelts, and similar forest development projects.
(c) Subject to the provisions of Rule XXIII on local health boards and in accordance with the standards and criteria of the Department of Health (DOH), provision of health services through:
(1) Implementation of programs and projects on primary health care, maternal and child care, and communicable and non-communicable disease control services;
(2) Access to secondary and tertiary health services; and
(3) Purchase of medicines, medical supplies, and equipment needed to carry out the devolved health services.
(d) Provision of social welfare services through:
(1) Programs and projects for the welfare of the youth and children, family and community, women, the elderly, and the disabled;
(2) Community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse;
(3) Livelihood and other pro-poor projects;
(4) Nutrition services; and
(5) Family planning services.
(e) Provision of information services through investment and job placement information systems, tax and marketing information systems, and maintenance of a public library;
(f) Provision of solid waste disposal or environmental management systems and services or facilities related to general hygiene and sanitation;
(g) Construction and maintenance of infrastructure facilities funded by the municipality to serve the needs of the residents including, but not limited to:
(1) Municipal roads and bridges;
(2) School buildings and other facilities for public elementary and secondary schools;
(3) Clinics, health centers, and other health facilities necessary to carry out health services;
(4) Communal irrigation, small water impounding projects, and other similar projects;
(5) Fish ports;
(6) Artesian wells, spring development, rainwater collectors, and water supply systems;
(7) Seawalls, dikes, drainage and sewerage, and flood control;
(8) Traffic signals and road signs; and
(9) Other similar facilities.
(h) Construction, maintenance, and operation of municipal public markets, slaughterhouses, and other economic enterprises;
(i) Construction, maintenance, and operation of municipal cemeteries;
(j) Construction, maintenance, and operation of tourism facilities and other tourist attractions, including acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities; and
(k) Provision of sites for police and fire stations and substations and municipal jail.
(a) Agricultural extension and on-site research services and facilities through:
(1) Prevention and control of plant and animal pests and diseases;
(2) Establishment and maintenance of dairy farms, livestock markets, animal breeding stations, and artificial insemination centers;
(3) Assistance in the organization of farmer's and fishermen's cooperatives and other collective organizations; and
(4) Transfer of appropriate technology.
(b) Industrial research and development services, as well as transfer of appropriate technology;
(c) Pursuant to national policies and subject to supervision, control, and review of DENR, enforcement of forestry laws limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection of the environment; and mini-hydroelectric projects for local purposes;
(d) Subject to the provision of Rule XXIII on local health boards, health services which include hospitals and other tertiary health services;
(e) Social welfare services which include programs and projects on rebel returnees and evacuees, relief operations, and population development services;
(f) Construction and maintenance of provincial buildings, provincial jails, freedom parks and public assembly areas, and other similar facilities;
(g) Construction and maintenance of infrastructure facilities funded by the province to serve the needs of the residents including, but not limited to:
(1) Provincial roads and bridges;
(2) Intermunicipal waterworks, drainage, and sewerage, flood control, and irrigation systems;
(3) Reclamation projects; and
(h) Planning and implementation of the programs and projects for low-cost housing and other mass dwellings, except those funded by the Social Security System, Government Service Insurance System, and the Home Development Mutual Fund. National funds for these programs and projects shall be equitably allocated to the regions in proportion to the ratio of the homeless to the population;
(i) Provision for investment support services, including access to credit financing;
(j) Upgrading and modernization of tax information and collection services through the use of computer hardware and software and other means;
(k) Provision for intermunicipal telecommunications services, subject to national policy guidelines and standards; and
(l) Planning and implementation of tourism development and promotion programs.
All services and facilities provided by the municipality and the province and, in addition thereto, the following:
(a) Adequate communication and transportation facilities; and
(b) Support services and facilities for education, police, and fire protection.
ARTICLE 26. Exceptions. — Public works and infrastructure projects and other facilities, programs, and services funded by the National Government under the annual General Appropriations Act, other special laws, and pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered by the devolution of basic services and facilities under this Rule, except in those cases where the LGU concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.
ARTICLE 27. Specification and Testing of Materials and Procurement Systems. — The designs, plans, specifications, testing of materials, and procurement of equipment and materials from both foreign and local sources necessary for the provision of basic services and facilities shall be undertaken by the LGU based on national policies, standards, and guidelines.
ARTICLE 28. Period of Devolution. — The NGAs concerned shall devolve to LGUs the responsibility for the provision of basic services and facilities enumerated in this Rule within six (6) months after the effectivity of the Code on January 1, 1992.
ARTICLE 29. Funding. — Basic services and facilities shall be funded from the share of LGU in the proceeds of national taxes, other local revenues, and funding support from the National Government and its instrumentalities including GOCCs, tasked by law to establish and maintain such services or facilities. Any available fund or resource of LGUs shall first be allocated for the provision of basic services and facilities before using such fund or resource for other purposes, unless otherwise provided under these Rules.
ARTICLE 30. Commercialization and Privatization. — (a) LGUs may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity to ensure active participation of the private sector in local governance.
(b) Without prejudice to the social attributes of basic services and facilities, LGUs may tap the private sector in the delivery of basic services and facilities.
(c) Reasonable costs may be charged by the private sector concerned for the operation and management of economic enterprises for the delivery of basic services and facilities.
(d) The guidelines issued by DILG in its Circular No. 90-104 dated December 3, 1990 (Annex A) may initially serve as bases for determining the nature and scope of such services and facilities of LGU that could be assigned to the private sector.
(e) The DILG shall formulate an accreditation scheme for the private sector, and a system for cost recovery and privatization of local public enterprises.
ARTICLE 31. Augmentation Scheme. — NGAS affected by devolution or the next higher LGU may augment basic services and facilities assigned to a lower LGU. Standards and guidelines for basic services and facilities prescribed by NGAs shall be the bases for determining non-availability or inadequacy of such services and facilities in an LGU.
In the event an LGU cannot continually support the salaries of devolved personnel, maintain the operation of transferred assets, or finance the adequate delivery of basic services and facilities, the President may, upon request of the LGU concerned, direct the appropriate NGA to provide financial, technical, or other form of assistance. Such assistance shall be extended at no extra cost on the part of the LGU.
RULE VI
ARTICLE 32. When Exercised. — (a) An LGU may, through its chief executive and acting pursuant to an ordinance, exercise the power of eminent domain for public use, purpose, or welfare of the poor and the landless, upon payment of just compensation, pursuant to the provisions of the Constitution and pertinent laws.
(b) The power of eminent domain may not be exercised unless a valid and definite offer has been previously made to the owner, and such offer was not accepted.
ARTICLE 33. Public Use, Purpose, or Welfare. — The following shall, among others, be considered as public use, purpose, or welfare:
(a) Socialized housing;
(b) Construction or extension of roads, streets, sidewalks, viaducts, bridges, ferries, levees, wharves, or piers;
(c) Construction or improvement of public buildings;
(d) Establishment of parks, playgrounds, or plazas;
(e) Establishment of market places;
(f) Construction of artesian wells or water supply systems;
(g) Establishment of cemeteries or crematories;
(h) Establishment of drainage systems, cesspools, or sewerage systems;
(i) Construction of irrigation canals or dams;
(j) Establishment of nurseries, health centers, or hospitals;
(k) Establishment of abattoirs; and
(l) Building of research, breeding, or dispersal centers for animals.
ARTICLE 34. Prerequisites. — In acquiring private property for public use or purpose, LGU shall first establish the suitability of the property to be acquired for the use intended, then proceed to obtain from the proper authorities the necessary locational clearance and other requirements imposed under existing laws, rules and regulations.
ARTICLE 35. Offer to Buy and Contract of Sale. — (a) The offer to buy private property for public use or purpose shall be in writing. It shall specify the property sought to be acquired, the reasons for its acquisition, and the price offered.
(b) If the owner or owners accept the offer in its entirety, a contract of sale shall be executed and payment forthwith made.
(c) If the owner or owners are willing to sell their property but at a price higher than that offered to them, the local chief executive shall call them to a conference for the purpose of reaching an agreement on the selling price. The chairman of the appropriation or finance committee of the sanggunian, or in his absence, any member of the sanggunian duly chosen as its representative, shall participate in the conference. When an agreement is reached by the parties, a contract of sale shall be drawn and executed.
(d) The contract of sale shall be supported by the following documents:
(1) Resolution of the sanggunian authorizing the local chief executive to enter into a contract of sale. The resolution shall specify the terms and conditions to be embodied in the contract;
(2) Ordinance appropriating the amount specified in the contract; and
(3) Certification of the local treasurer as to availability of funds together with a statement that such fund shall not be disbursed or spent for any purpose other than to pay for the purchase of the property involved.
ARTICLE 36. Expropriation Proceedings. — (a) If the LGU fails to acquire a private property for public use, purpose, or welfare through purchase, LGU may expropriate said property through a resolution of the sanggunian authorizing its chief executive to initiate expropriation proceedings.
(b) The local chief executive shall cause the provincial, city, or municipal attorney concerned or, in his absence, the provincial or city prosecutor, to file expropriation proceedings in the proper court in accordance with the Rules of Court and other pertinent laws.
(c) The LGU may immediately take possession of the property upon the filing of expropriation proceedings and upon making a deposit with the proper court of at least fifteen percent (15%) of the fair market value of the property based on the current tax declaration of the property to be expropriated.
ARTICLE 37. Payment. — The amount to be paid for the expropriated property shall be determined by the proper court, based on the fair market value at the time of the taking of the property.
RULE VII
Reclassification of Agricultural Lands
ARTICLE 38. Authority to Reclassify Agricultural Lands. — (a) A city or municipality may reclassify agricultural lands through an ordinance enacted by the sanggunian after conducting public hearings for the purpose provided that there exists an approved zoning ordinance implementing its comprehensive land use plan.
(b) Agricultural lands may be classified in the following cases:
(1) When land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture; or
(2) Where the land shall have substantially greater economic value for residential, commercial, or industrial purposes as determined by the sanggunian.
ARTICLE 39. Limitations. — (a) Reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance:
(1) For highly-urbanized and independent component cities, fifteen percent (15%);
(2) For component cities and first to third class municipalities, ten percent (10%); and
(3) For fourth to sixth class municipalities, five percent (5%).
(b) Agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law, shall not be affected by the reclassification. Conversion of such lands into other purposes shall be governed by Sec. 65 of said law.
(c) The city or municipality shall provide mechanisms for the preservation and protection of the tenurial rights of agrarian reform beneficiaries as provided under RA 3844, otherwise known as Agricultural Land Reform Code, as amended, and other applicable laws in the reclassification of agricultural lands not yet distributed under RA 6657.
(d) Nothing in this Rule shall be construed as repealing, amending, or modifying in any manner the provisions of RA 6657.
ARTICLE 40. Reclassification in Excess of Percentage Limitation. — The President may, when public interest so requires and upon recommendation of the National Economic and Development Authority (NEDA), authorize a city or municipality to reclassify lands in excess of the percentage limitation set in the immediately preceding article. Recommendation of NEDA shall be based on the requirements for food production, human settlements, ecological considerations, and other relevant factors in the city or municipality.
ARTICLE 41. Comprehensive Land Use Plans. — (a) Subject to applicable laws, rules and regulations, cities and municipalities shall continue to prepare their respective comprehensive land use plans enacted through zoning ordinances. The requirements for food production, human settlements, ecological balance, and industrial expansion shall be considered in the preparation of such plans.
(b) The comprehensive land use plan shall be the primary and dominant basis for future use of local resources and for reclassification of agricultural lands.
(c) The sangguniang panlalawigan shall review the comprehensive land use plans and zoning ordinances of component cities and municipalities and shall adopt comprehensive provincial land use plan, primarily based on the revised plans.
ARTICLE 42. Approval of Reclassification. — When approval of an NGA is required for reclassification, such approval shall not be unreasonably withheld. Failure to act on a proper and complete application for reclassification within three months from receipt of the same shall be deemed as approval thereof.
RULE VIII
Closure and Opening of Roads or Parks
ARTICLE 43. Authority to Close or Open. — An LGU may, through an ordinance, permanently or temporarily close or open any road, alley, park, or square within its jurisdiction.
ARTICLE 44. Permanent Closure. — (a) No permanent closure of any local road, street, alley, park, or square shall be affected unless there exists a compelling reason or sufficient justification therefore such as, but not limited to, change in land use, establishment of infrastructure facilities, projects, or such other justifiable reasons as public welfare may require.
(b) When necessary, an adequate substitute for the public facility that is subject to closure shall be provided. No freedom park shall be closed permanently without provision for its transfer or relocation to a new site.
(c) No such way or place or any part thereof shall be permanently closed without making provisions for the maintenance of public safety therein.
(d) A property permanently withdrawn from public use may be used or conveyed for any purpose for which other real property belonging to LGU may be lawfully used or conveyed.
(e) The ordinance authorizing permanent closure must be approved by at least two-thirds (2/3) of all members of the sanggunian. Public hearings shall first be conducted before any ordinance authorizing permanent closure of any local roads, alley, park, or square is enacted. Notices of such hearings and copies of the proposed ordinance shall be posted for a minimum period of three (3) consecutive weeks in conspicuous places in the provincial capitol, or in the city, municipal, or barangay hall of LGU and within the vicinity of the street or park proposed to be closed.
ARTICLE 45. Temporary closure. — (a) Any national or local road, alley, park, or square may be temporarily closed during actual emergency or fiesta celebrations, public rallies, agricultural or industrial fairs, or undertaking of public works and highways, telecommunications, and waterworks projects, the duration of which shall be specified by the local chief executive concerned in a written order, as follows:
(1) During fiesta celebrations — for a period not exceeding nine (9) days;
(2) During agricultural or industrial fairs or expositions — for a period as may be determined to be necessary and reasonable;
(3) When public works projects or activities are being undertaken for a period as may be determined necessary for the safety, security, health, or welfare of the public or when such closure is necessary to facilitate completion of the projects or activities.
(b) An LGU may temporarily close and regulate the use of any local street, road, thoroughfare, or public place where shopping malls, Sunday markets, flea or night markets, or shopping areas may be established and where goods, merchandise, foodstuff, commodities, or articles of commerce may be sold and dispensed to the general public.
(c) No national or local road, alley, park, or square shall be temporarily closed for athletic, cultural, or civic activities not officially sponsored, recognized, or approved by the LGU.
RULE IX
Corporate Powers and Corporate Seal
ARTICLE 46. Corporate Powers. — Every LGU, as a corporation, shall exercise the following powers:
(a) To have continuous succession in its corporate name;
(b) To sue and be sued;
(c) To have and use a corporate seal;
(d) To acquire and convey real or personal property;
(e) To enter into contracts; and
(f) To exercise such other powers as are granted to corporations subject to the limitations provided under the Code and other applicable laws.
ARTICLE 47. How Exercised. — (a) Unless otherwise provided in the Code, no contract may be entered into by the local chief executive in behalf of an LGU without prior authorization by the sanggunian. A legible copy of such contract shall be posted at a conspicuous place in the provincial capitol, or in the city, municipal, or barangay hall.
(b) LGUs shall enjoy full autonomy in the exercise of their proprietary functions and in the management of their economic enterprises, subject to the limitations provided in the Code and other applicable laws.
(c) An LGU shall duly register in its name all its acquired real property and shall notify the Commission on Audit (COA) of such registration.
ARTICLE 48. Corporate Seal. — LGUs may modify, change, or continue using their existing corporate seals. Newly established LGUs or those without corporate seals may create their own corporate seals in consultation with NHI, and shall register such seals with DILG. Any change of corporate seal shall also be registered with DILG.
RULE X
Authority to Negotiate and Secure Grants
ARTICLE 49. Extent of Authority. — Local chief executive may, upon authority of the sanggunian, negotiate and secure financial grants or donations in kind, in support of the basic services and facilities enumerated under Rule V of these Rules, from local or foreign assistance agencies without necessity of securing clearance, or approval therefore from any NGA or from any higher LGU. In cases where the projects financed by such grants or assistance affect national security, prior clearance shall be secured by the LGU from the NGA concerned. If the NGA fails to act on the request for clearance within thirty (30) days from receipt thereof, such request shall be deemed approved.
ARTICLE 50. Monitoring System. — Within thirty (30) days after the approval of these Rules, the NEDA shall, in coordination with DILG and other NGAs concerned, design and formulate a clearing and monitoring system to:
(a) Assist LGUs and the granting institutions in the expeditious submission and approval of project proposals, respectively;
(b) Assist LGUs and the granting institutions in the monitoring of project status and progress;
(c) Ensure the granting institutions that no project shall be doubly funded by other institutions; and
(d) Ensure submission of satisfactory project status reports to the granting institutions in compliance with grant agreements.
ARTICLE 51. Directory and Quarterly Information. — (a) The NEDA shall annually provide a directory of all local and foreign granting institutions which shall contain the thrusts and priorities of such institutions and guidelines on application for grants as well as other relevant information.
(b) The NEDA and all other NGAs concerned shall provide quarterly information to all LGUs on unutilized balances of granting institutions.
ARTICLE 52. Report. — The local chief executive shall, within thirty (30) days upon approval of the grant agreement or deed of donation, report the nature, amount, and terms of such assistance to both Houses of Congress and the President, through DILG.
RULE XI
National-Local Government Relations
ARTICLE 53. National Government Supervision and Coordination. — (a) The President shall exercise general supervision over LGUs to ensure that their acts are within the scope of their prescribed powers and functions.
The President shall exercise supervisory authority directly over provinces, highly-urbanized cities, and independent component cities; through the province with respect to component cities and municipalities; and through the city and municipality with respect to barangays.
In exercising general supervision over LGUs the President shall be assisted primarily by DILG, unless otherwise provided in the Code or elsewhere in these Rules and other applicable laws.
(b) The President may, upon request of LGU concerned, direct the appropriate NGA to provide financial, technical, or other forms of assistance to LGU.
ARTICLE 54. Mandatory Consultations. — (a) All NGAs shall conduct periodic consultations with appropriate LGUs, people's organizations, NGOs, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.
(b) NGAs or GOCCs authorizing or involved in planning and implementation of any project or program that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland, or forest cover, and extinction of animal or plant species shall consult with LGUs, NGOs, and other sectors concerned and explain the goals and objectives of the project or program, its impact upon the people and the community in terms of environmental or ecological balance, and the measures that will be undertaken to prevent or minimize the adverse effects thereof.
ARTICLE 55. Coordination with LGUs. — (a) NGAs with project implementation functions shall coordinate with one another and with LGUs concerned in the discharge of these functions. They shall ensure the participation of LGUs both in the planning and implementation of said national projects.
(b) NGAs and GOCCs with field units or branches in a province, city, or municipality shall furnish the local chief executive concerned, for his information and guidance, monthly reports, including duly certified budgetary allocations and expenditures.
ARTICLE 56. Relationship of Local Chief Executive with National Functionaries Stationed in LGUs. — (a) The local chief executives may call upon any national official or employee stationed in or assigned to an LGU to advise and regularly report to him on matters affecting LGUs and make recommendations thereon; or to coordinate in the formulation and implementation of all plans, programs, and projects.
(b) When appropriate, the local chief executive may initiate an administrative or judicial action against any National Government official or employee who may have committed an offense in the performance of his official duties while stationed or assigned in the LGU concerned.
(c) The local chief executive shall inform the NGA concerned if any services have adverse effects on the lives of the citizen that is foreseen or is being felt and to submit proposals intended to prevent or mitigate the same preferably before project implementation.
ARTICLE 57. Relations with the Philippine National Police. — The extent of operational supervision and control of local chief executives over the police force, fire protection unit, and jail management personnel assigned in their respective jurisdiction shall be governed by the provisions of RA 6975, otherwise known as The Department of the Interior and Local Government Act of 1990, and the rules and regulations issued pursuant thereto (Annex B).
ARTICLE 58. Prior Approval or Clearance on Regular and Recurring Transactions. — Six (6) months after the effectivity of the Code, prior approval of or clearance from NGAs shall no longer be required and recurring transactions and activities of LGUs.
RULE XII
Inter-Local Government Relations
ARTICLE 59. General Supervision of the Province Over Component Cities and Municipalities. — (a) The province, through its governor, shall exercise supervisory authority over component cities and municipalities within its territorial jurisdiction to ensure that they act within the scope of their prescribed powers and functions. Highly-urbanized cities and independent component cities shall be independent of the province.
(b) The scope of supervision by the province over component cities and municipalities shall include, but not limited to, the following:
(1) The governor shall review executive orders issued by the mayor of the component city or municipality, subject to the concurrence of the sangguniang panlalawigan, except as otherwise provided under the Constitution and special statutes. If the governor and the sangguniang panlalawigan fail to act on said executive orders within thirty (30) days from receipt thereof, the same shall be deemed consistent with law and therefore valid.
(2) The sangguniang panlalawigan shall review all approved city or municipal ordinances and resolutions approving the development plans and public investment programs formulated by the city or municipal development councils.
(3) The sangguniang panlalawigan shall review the ordinance authorizing annual or supplemental appropriations of component cities and municipalities in the same manner and within the same period prescribed for the review of other ordinances of the LGU.
(4) The governor shall visit component cities and municipalities of the province at least once every six (6) months to fully understand their problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the officials and inhabitants of component cities and municipalities of general laws and ordinances which especially concern them, and conduct visits and inspections to the end that the governance of the province shall improve the quality of life of the inhabitants.
(5) The governor shall coordinate plans, measures, and developmental activities with component cities and municipalities as well as NGAs concerned to:
(i) Formulate peace and order plan of the province in coordination with mayors of component cities and municipalities and the National Police Commission;
(ii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the province, in coordination with mayors of component cities and municipalities;
(iii) Coordinate efforts of component cities and municipalities in the national or regional palaro or sports development activities; and
(iv) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the province and component cities and municipalities.
(6) The proceeds of the basic real property tax, including interest thereon, and proceeds from the use, lease or disposition, sale or redemption of property acquired at a public auction shall be shared by the province, municipality, and barangay in the manner prescribed in Rule XXXI of these Rules.
(7) The province shall share its collections from the tax on sand, gravel, and other quarry resources with its component city and municipality, and the barangay where said resources are extracted.
ARTICLE 60. General Supervision of Cities and Municipalities Over Barangays. — (a) The city and municipality, through the city and municipal mayor, shall exercise supervisory authority over every barangay in their respective territorial jurisdictions to ensure that they act within the scope of their assigned powers and functions.
(b) The scope of supervision by the city and municipality over their barangays shall include, but not limited to, the following:
(1) The city or municipal mayor shall review all executive orders promulgated by the punong barangay within his jurisdiction, subject to the concurrence of the sangguniang panlungsod or sangguniang bayan, except as otherwise provided under the Constitution and special statutes.
(2) The sangguniang panlungsod or sangguniang bayan concerned shall review all barangay ordinances to determine whether or not such ordinances are consistent with law.
(3) The city or municipal mayor shall visit and inspect his barangays at least once every six (6) months to fully understand the problems and conditions therein, listen and give appropriate counsel to barangay officials and inhabitants, and inform them of general laws and ordinances which especially concern them, and conduct visits and inspections to the end that the governance of the city or municipality will improve the quality of life of the inhabitants.
(4) Cities or municipalities shall provide an annual aid of not less than One Thousand Pesos (P1,000.00) per barangay.
(5) Cities or municipalities shall coordinate with their barangays in the adoption of complementary development plans and programs for a more effective solution of problems or concerns affecting the LGU.
(6) The sangguniang panlungsod or the sangguniang bayan shall provide for group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies when finances of the city or municipality allow said coverage.
(7) The proceeds of the basic real property tax, including interest thereon, and proceeds from the use, lease or disposition, sale or redemption of property acquired at public auction by the city or municipality shall be shared with their barangays in the manner prescribed under these Rules.
ARTICLE 61. Inter-Local Government Loans, Grants, Subsidies and Other Cooperative Undertakings. — (a) Provinces, cities, and municipalities may, upon approval of a majority of all members of the sanggunian concerned and in amounts not exceeding their surplus funds, extend loans, grants, or subsidies to other LGUs under such terms and conditions as may be agreed upon by the contracting parties.
(b) LGUs may, through appropriate ordinances, group themselves, consolidate or coordinate their efforts, sources, and resources for purposes commonly beneficial to them. In support of such undertakings, LGUs may, upon approval by the sanggunian concerned after public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating LGUs through a Memorandum of Agreement.
(c) LGUs may, upon approval of their respective sanggunians, jointly or severally contract loans, credits and other forms of indebtedness for purposes mutually beneficial to them.
(d) The procedures in contracting inter-local government loans, credits and other forms of indebtedness as well as other cooperative undertakings are as follows:
(1) The local chief executive, in consultation with the local development council (LDC), shall identify the programs, projects, and activities that may be considered;
(2) The local chief executive shall negotiate with the prospective LGU partner or partners on the terms and conditions of the agreement to be embodied in a Memorandum of Agreement.
(3) The local chief executives concerned may organize a team to negotiate the terms and conditions of the joint loan. The final terms and conditions shall be subject to the approval of the said local chief executives.
(4) The local chief executives concerned shall submit the Memorandum of Agreement to their respective sanggunians for approval and authority to enter into inter-local government cooperative undertaking or joint loan or credit. In the case of cooperative undertakings, the sanggunian shall conduct as many public hearings as may be required to obtain the views and opinions of the affected sectors.
(5) The loan agreement shall be signed jointly by the local chief executives concerned.
(6) Within ten (10) days from signing of the loan agreement, the local chief executives concerned shall formally submit a copy of the approved loan agreement to their respective sanggunians.
RULE XIII
Local Government Relations With People's Organizations, Nongovernmental Organizations, and the Private Sector
ARTICLE 62. Role of People's Organizations, Nongovernmental Organizations and the Private Sector. — LGUs shall promote the establishment and operation of people's organizations, NGOs, and the private sector, to make them active partners in the pursuit of local autonomy. For this purpose, people's organizations, NGOs, and the private sector shall be directly involved in the following plans, programs, projects, or activities of LGUs:
(a) Local special bodies;
(b) Delivery of basic services and facilities;
(c) Joint ventures and cooperative programs or undertakings;
(d) Financial and other forms of assistance;
(e) Preferential treatment for organizations and cooperatives of marginal fishermen;
(f) Preferential treatment for cooperatives development; and
(g) Financing, construction, maintenance, operation, and management of infrastructure projects.
ARTICLE 63. Local Special Bodies. — (a) Local Development Councils — The duly designated representatives of accredited people's organizations, NGOs, and the private sector operating in the provinces, cities, municipalities, or barangays shall sit as members in the provincial, city, municipal, or barangay development councils, as the case may be. The number of NGO representatives in each LDC shall not be less than one-fourth (1/4) of the total membership of the fully organized council.
The local chief executive shall undertake the necessary information campaign to ensure participation of all NGOs operating within his territorial jurisdiction.
(b) Local Prequalification, Bids and Awards Committees — Two (2) representatives of people's organizations or NGOs that are represented in the LDC concerned, to be chosen by the organizations themselves, and a practicing certified public accountant from the private sector, to be designated by the local chapter of the Philippine Institute of Certified Public Accountant, if any, shall sit as members of the provincial, city, and municipal prequalification, bids and awards committees (PBACs).
(c) Local Health Boards — A representative from NGOs or the private sector involved in health services in the province, city, and municipality shall sit as member of the provincial, city or municipal health boards, respectively.
(d) Local School Boards — The representatives of NGOs or the private sector who shall sit as members of the local school boards are as follows:
(1) Provincial school board — the duly elected president of the provincial federation of parents-teachers associations, the duly elected representative of teachers' organizations in the province, and the duly elected representative of the non-academic personnel of public schools in the province;
(2) City school board — the duly elected president of the city federation of parents-teachers associations, the duly elected representative of teachers' organizations in the city, and the duly elected representative of the non-academic personnel of public schools in the city;
(3) Municipal school board — the duly elected president of the municipal federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the municipality, and the duly elected representative of the non-academic personnel of the public schools in the municipality;
(e) Local Peace and Order Councils — The representatives of people's organizations or NGOs in the local peace and order councils shall be the same as those provided under Presidential EO 309, series of 1988, as amended, and the implementing rules and regulations issued pursuant thereto (Annex B).
(f) People's Law Enforcement Boards — The representatives of people's organizations or NGOs who sit as members of the boards shall be the same as those provided under RA 6975, and the rules and regulations issued pursuant thereto.
ARTICLE 64. Procedures and Guidelines for Selection of Representatives of People's Organizations, Nongovernmental Organizations, or the Private Sector in Local Special Bodies. — (a) Call for application — Within thirty (30) days from the approval of these Rules and thereafter, within thirty (30) days from the organization of the newly elected sanggunian, each sanggunian concerned shall call all community-based people's organizations or NGOs, including business and professional groups, and other similar aggrupations to apply with the LGU concerned for accreditation for membership in the local special bodies. The application shall include a duly approved board resolution of the people's organizations, NGOs or the private sector concerned, certificate of registration, list of officers, accomplishments, and financial data of the organization;
(b) Accreditation — The sanggunian concerned shall accredit the organizations based on the following criteria:
(1) Registration with either the Securities and Exchange Commission, Cooperatives Development Authority, Department of Labor and Employment, Department of Social Welfare and Development, or any recognized NGA that accredits people's organizations, NGOs, or the private sector. If not formally registered, the said organizations may be recognized by the sanggunian for purposes only of meeting the minimum requirements for membership of such organizations in local special bodies;
(2) Organizational purpose and objectives include community organization and development, institution-building, local enterprise development, livelihood development, capability-building, and similar developmental objectives and considerations;
(3) Community-based with project development and implementation track record of at least one (1) year;
(4) Reliability as evidenced by the preparation of annual reports and conduct of annual meetings duly certified by the board secretary of the organization; and
(5) In the case of PBACs, the organization or any of its members shall have no conflict of interest in the awarding of infrastructure or other projects.
(c) Completion of the accreditation process — The sanggunian shall complete the accreditation process within sixty (60) days from the promulgation of these Rules or within the same period from the organization of the newly elected sanggunian.
(d) Meeting to choose representatives of people's organizations, NGOs, or the private sector — Within fifteen (15) days after the accreditation process, the DILG field officer assigned in the LGU shall call all accredited people's organizations, NGOs, or the private sector to a meeting where these organizations shall choose from among themselves which people's organizations, NGOs or private sector will be represented in the local special bodies. The selected people's organizations, NGOs or private sector shall then designate their principal and alternate representatives who are residents of the LGU concerned. In no case shall an organization or a representative thereof be a member of more than one local special body within a province, city, or municipality.
(e) Term of office of selected representatives — The term of office of a selected representative shall be coterminous with that of the local chief executive concerned. Should a vacancy arise, the selected people's organizations, NGOs, or the private sector shall designate a replacement for the unexpired term.
ARTICLE 65. Delivery of Basic Services and Facilities. — LGUs may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity to the private sector to ensure their active participation in local governance.
ARTICLE 66. Joint Ventures and Cooperative Programs or Undertakings. — LGUs may enter into joint ventures and such other cooperative arrangements with people's organizations, NGOs or the private sector, to engage in the delivery of certain basic services; capability-building and livelihood projects; develop local enterprises designed to improve productivity and income; diversify agriculture; spur rural industrialization; promote ecological balance; and enhance the economic and social well-being of the people.
ARTICLE 67. Financial and Other Forms of Assistance. — An LGU may, through its chief executive and with the concurrence of the sanggunian concerned, provide assistance, financial or otherwise, to people's organizations, NGOs, or the private sector for economic, socially-oriented, environmental, or cultural projects to be implemented within its territorial jurisdiction. An LGU may likewise grant tax exemptions, tax relief and other tax incentives to the said organizations as provided in these Rules.
ARTICLE 68. Preferential Treatment for Organizations and Cooperatives of Marginal Fishermen. — (a) The duly registered organizations and cooperatives of marginal fishermen shall have preferential right in the grant by the sanggunian to erect fish corrals, oyster, mussel or aquatic beds or bangus fry areas, within a definite zone of the municipal waters.
(b) The sanggunian may grant the privilege to gather, take or catch bangus fry, prawn fry or kawag-kawag or fry of other species and fish from the municipal waters by nets, traps or other fishing gears to marginal fishermen free of any rental, fee, charge, or any other imposition whatsoever.
ARTICLE 69. Preferential Treatment for Cooperatives. — Upon approval by a majority vote of all its members, the sangguniang panlungsod or sangguniang bayan may grant a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses, or such other similar activities within the city or municipality as may be allowed by applicable laws. Cooperatives shall be given preference in the grant of franchises as contemplated in this Article.
ARTICLE 70. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. — LGUs may enter into a contract with any duly prequalified individual contractor for the financing, construction, operation, and maintenance of any financially viable infrastructure facilities, under the build-operate-and-transfer (B-O-T) agreement, subject to the applicable provisions of RA 6957 authorizing the financing, construction, operation, and maintenance of infrastructure projects by the private sector and the rules and regulations issued thereunder and such other terms and conditions as may be agreed upon by the contracting parties.
RULE XIV
Common Provisions for Elective Local Officials
ARTICLE 71. Local Officials. — The elective officials of provinces, cities, municipalities, and barangays are the following:
(a) governor;
(b) vice governor; and
(c) members of the sangguniang panlalawigan.
(a) city mayor;
(b) city vice mayor; and
(c) members of the sangguniang panlungsod.
(a) municipal mayor;
(b) municipal vice mayor; and
(c) members of the sangguniang bayan.
Barangays
(a) punong barangay;
(b) members of the sangguniang barangay; and
(c) members of the sangguniang kabataan.
ARTICLE 72. Qualifications. — All elective local officials shall possess the following qualifications:
(a) A citizen of the Philippines;
(b) A registered voter in the province, city, municipality, or barangay where he intends to be elected or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected;
(c) A resident of the LGU concerned for at least one (1) year immediately preceding the day of the election;
(d) Able to read and write Filipino or any other Philippine language or dialect;
(e) Candidates for the position of governor, vice governor, or member of the sangguniang panlalawigan, or city mayor, vice mayor, or member of the sangguniang panlungsod of highly-urbanized cities must be at least twenty-three (23) years of age on election day;
(f) Candidates for the position of mayor or vice mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day;
(g) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day;
(h) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day; and
(i) Candidates for the position of member of the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day.
ARTICLE 73. Disqualifications. — The following persons shall be disqualified from running for any elective local position:
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more imprisonment, within two (2) years after serving sentence;
(b) Those removed from office as a result of an administrative case;
(c) Those convicted by final judgment for violating the oath of allegiance to the Republic of the Philippines;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or nonpolitical cases here or abroad. Fugitive from justice refers to a person who has been convicted by final judgment.
(f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Code; and
(g) The insane or the feeble-minded.
ARTICLE 74. Manner of Election. — (a) The governor, vice governor, city mayor, city vice mayor, municipal mayor, municipal vice mayor, and punong barangay shall be elected at large in their respective LGUs by the qualified voters therein. The sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in Rule XXVII of these Rules.
(b) The regular members of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall be elected by district, as may be provided by law. Sangguniang barangay members shall be elected at large.
(c) There shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors; the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections, as may be provided by law. The COMELEC shall promulgate rules and regulations to effectively provide for the election of such sectoral representatives.
ARTICLE 75. Date of Election. — Unless otherwise provided by law, the elections for local officials shall be held every three (3) years on the second Monday of May starting on the second Monday of May 1992 except for the barangay officials which shall be on the second Monday of May, 1994 and sangguniang kabataan officials which shall be one hundred twenty days (120) after the second Monday of May, 1994.
ARTICLE 76. Term of Office. — (a) The term office of all elective local officials shall be three (3) years, starting from noon of June 30, 1992 or such date as may be provided by law except that of elective barangay officials, which shall begin after the regular elections for barangay officials on the second Monday of May, 1994.
(b) No elective local official shall serve for more than three (3) consecutive terms in the same position. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official concerned was elected.
ARTICLE 77. Compensation and Benefits. — (a) Compensation —
(1) Upon effectivity of the Code, an elective local official shall receive a minimum monthly compensation corresponding to the salary grade as prescribed under RA 6758, otherwise known as the Salary Standardization Law, and the implementing guidelines issued thereunder, as follows:
Provinces —
(i) governor SG-30
(ii) vice governor SG-28
(iii) members of the sangguniang panlalawigan SG-27
Cities —
(i) city mayor SG-30
(ii) city vice mayor highly-urbanized cities SG-28
component cities SG-26
(iii) members of the sangguniang panlungsod
highly-urbanized cities SG-27
Municipalities —
(i) municipal mayor within MMA SG-28
outside MMA SG-27
(ii) municipal vice mayor within MMA SG-26
(iii) members of the sangguniang bayan
within MMA SG-25
(2) The ex officio members in the sangguniang panlalawigan shall receive their authorized salaries and emoluments from the component city or municipality where they are representing their respective ligas or federations. The province shall appropriate funds for the additional allowances of said members such that their total compensation shall be equivalent to the compensation actually received by their elective counterparts in the sangguniang panlalawigan.
(3) Any compensation beyond the minimum of the authorized salary grade shall be determined by the sanggunian concerned provided that the increase in compensation of elective local officials shall take effect only after the terms of office of those approving such increase shall have expired and provided further, that said increase shall not exceed the budgetary limitation on personal services and provided finally, that such compensation shall not be higher than the maximum fixed for their positions provided under applicable laws or rules and regulations issued thereunder.
(4) Notwithstanding the prohibition under the immediately preceding subparagraph (3), elective local officials may, during their tenure, be allowed to receive the minimum rate of the salary grade prescribed in this Article.
(5) Elective barangay officials shall receive honoraria, allowances, and such other emoluments as may be authorized by law or city, municipal or barangay ordinance in accordance with the provisions of these Rules, but in no case shall it be less than One Thousand Pesos (P1,000.000) per month for the punong barangay and Six Hundred Pesos (P600.00) per month for the members of the sangguniang barangay, subject to budgetary limitations prescribed in Rule XXXIV of these Rules.
(b) Benefits —
(1) Elective local officials shall be entitled to the same leave privileges those enjoyed by appointive local officials, including the cumulation and commutation thereof.
(2) Elective barangay officials shall:
(i) Be entitled to a Christmas bonus of at least One Thousand Pesos (P1,000.00) each, the funds for which shall be taken from the general fund of the barangay or from such other funds appropriated by the National Government for the purpose;
(ii) Be entitled, during their incumbency, to insurance coverage which shall include, but not limited to temporary and permanent disability, double indemnity, accident insurance, death and burial benefits, in accordance with RA 6942 entitled An Act Increasing the Insurance Benefits of Local Government Officials and Providing Funds therefor.
The Government Service Insurance System shall establish and administer an appropriate system under which the punong barangay, the members of the sangguniang barangay, the barangay secretary, the barangay treasurer, and the members of the barangay tanod shall enjoy insurance coverage as provided in the immediately preceding paragraph. For this purpose, the Government Service Insurance System shall undertake an actual study, issue rules and regulations, determine the premiums payable, and recommend to the Congress the amount of appropriations needed to support the system. The amount needed for the implementation of the said insurance system shall be included in the annual General Appropriations Act.
(iii) Be entitled to free medical care including subsistence, medicines, and medical attendance in any government hospital or institution. Hospital care shall include surgery or surgical expenses, medicines, x-rays, laboratory fees, and other hospital expenses;
In case of extreme urgency where there is no available government hospital or institution, the elective barangay official may submit himself for immediate medical attendance to the nearest private clinic, hospital or institution and the expenses not exceeding Five Thousand Pesos (P5,000.00) that may be incurred therein shall be chargeable against the funds of the barangay concerned;
(iv) Be exempted during their incumbency from paying tuition and matriculation fees for their legitimate dependent children attending state colleges or universities. He may likewise avail of such educational benefits in a state college or university located within the province or city to which the barangay belongs; and
(v) Be entitled to appropriate civil service eligibility on the basis of the number of years of service to the barangay, pursuant to the rules and regulations issued by the CSC.
(3) Elective barangay officials shall have preference in appointments to any government position or in any GOCC, including its subsidiaries, after their tenure of office, subject to the requisite qualifications as CSC may prescribe.
(4) The sangguniang kabataan officials shall have the same privileges enjoyed by other sangguniang barangay officials under the Code, subject to such requirements and limitations provided in these Rules. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees. The said officials shall enroll in the state college or university within or nearest their area of jurisdiction to qualify for the privilege.
ARTICLE 78. Prohibition Against Withholding of Benefits. — Willful and malicious withholding of any of the benefits accorded to barangay officials under this Rule shall be punished with suspension or dismissal from office of the official or employee responsible therefore.
ARTICLE 79. Residence and Office. — During their incumbency,
(a) Governors shall have his official residence in the capital town or capital city of the province.
(b) All other provincial elective officials shall hold office in the provincial capital provided that upon resolution of the sangguniang panlalawigan, said officials may hold office in any component city or municipality within the province for a period of not more than seven (7) days for any given month.
(c) City and municipal mayors shall hold office in their respective city and municipal halls.
ARTICLE 80. Prohibition on Appointment to Other Public Office. — No elective local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
Unless otherwise allowed by law or by the primary functions of his position, no elective local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including GOCCs, or in any of their subsidiaries.
ARTICLE 81. Appointment of Candidates Who Lost in an Election. — Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one (1) year after such election, be appointed to any office in the government or any GOCCs or in any of their subsidiaries.
ARTICLE 82. Resignation. — (a) Resignations of elective local officials shall be deemed effective only upon acceptance by the following authorities:
(1) By the President, in the case of governors and vice governors, mayors and vice mayors of highly-urbanized cities, independent component cities, and municipalities within MMA and other metropolitan political subdivisions as may be created by law;
(2) By the governor, in the case of municipal mayors, municipal vice mayors, mayors and vice mayors of component cities;
(3) By the sanggunian concerned, in the case of sangguniang members; and
(4) By the city or municipal mayor, in the case of barangay officials.
(b) The DILG shall be furnished copies of the resignation letters of elective local officials, together with the action taken by the authorities concerned.
(c) The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) working days from receipt thereof.
(d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records. This provision shall not apply to sanggunian members who are subject to recall elections or to cases where existing laws prescribe the manner of acting upon such resignations.
ARTICLE 83. Vacancies and Succession of Elective Local Officials. — (a) What constitutes permanent vacancy — A permanent vacancy arises when an elective local official fills a higher vacant office, refuses to assume office, fails to qualify, dies, is removed from office, voluntarily resigns, or is otherwise permanently incapacitated to discharge the functions of his office.
(b) Permanent vacancies in the offices of the governor, vice governor, mayor and vice mayor —
(1) If a permanent vacancy occurs in the office of the governor or mayor, the vice governor or vice mayor concerned shall ipso facto become the governor or mayor. If a permanent vacancy occurs in the offices of the governor, vice governor, mayor, or vice mayor, the highest ranking sanggunian member or, in case of his permanent inability, the second highest ranking sanggunian member, shall ipso facto become the governor, vice governor, mayor or vice mayor, as the case may be. Subsequent vacancies in the said office shall be filled automatically by the other sanggunian members according to their ranking as defined in this Article.
(2) Permanent vacancy in the office of the punong barangay — If a permanent vacancy occurs in the office of the punong barangay, the highest ranking sangguniang barangay member or, in case of his permanent inability, the second highest ranking sanggunian member, shall ipso facto become the punong barangay.
(3) Resolution of ties — A tie between or among the highest ranking sangguniang members shall be resolved by drawing of lot.
(4) Term of successors — The successors as defined in this Article shall serve only the unexpired terms of their predecessors.
(5) Ranking in the sanggunian for purposes of succession — Ranking in the sanggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local elections. For this purpose, the COMELEC shall, within sixty (60) days from the last local elections, prepare a ranking of sanggunian members.
(c) Permanent vacancies in the sanggunian —
(1) Permanent vacancies not covered by automatic succession — Permanent vacancies in the sanggunian where automatic successions do not apply shall be filled by appointment in the following manner:
(i) By the President, through the Executive Secretary, in the case of the sangguniang panlalawigan, the sangguniang panlungsod of highly-urbanized cities and independent component cities, and the sangguniang bayan of municipalities within MMA and other metropolitan political subdivisions as may be created by law;
(ii) By the governor, in the case of the sangguniang panlungsod of component cities and the sangguniang bayan;
(iii) By the city or municipal mayor, in the case of the sangguniang barangay, upon the recommendation of the sangguniang barangay concerned.
(2) Eligible appointee —
(i) Except for the sangguniang barangay, only the nominee of the political party under which the sanggunian member concerned has been elected and whose elevation to the position next higher in rank created the last vacancy in the sanggunian shall be appointed in the manner provided in this Article. The appointee shall come from the same political party as that of the sanggunian member who caused the vacancy and shall serve the unexpired term of the vacant office.
(ii) For appointments made in accordance with the immediately preceding subparagraph (i), the appointing authority shall see to it that a certificate of membership of the appointee and nomination from the highest official of the political party concerned are conditions sine qua non, and any appointment without such certification and nomination shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefore.
(3) Permanent vacancy caused by a sanggunian member not belonging to any political party. — In case the permanent vacancy is caused by a sanggunian member who does not belong to any political party, the local chief executive shall, upon recommendation of the sanggunian concerned, appoint a person who possesses all the qualifications and none of the disqualifications for the position, to fill the vacancy.
(4) Vacancy in the representation of the youth and the liga ng mga barangay in the sanggunian. — In case of vacancy in the representation of the youth and the liga ng mga barangay in the sanggunian, the vice president or the official next-in-rank of the pederasyon ng mga sangguniang kabataan and the local chapter of the liga ng mga barangay concerned shall automatically fill up said vacancy.
(d) Temporary vacancy in the office of the local chief executive. —
(1) Temporary incapacity — When the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice governor, city or municipal vice mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds thirty (30) working days.
(2) Termination of temporary incapacity — Temporary incapacity shall terminate upon submission to the appropriate sanggunian of a written declaration by the local chief executive concerned that he has reported back to office. In cases where the temporary incapacity is due to legal causes, the local chief executive concerned shall also submit necessary documents showing that said legal causes no longer exist.
(3) Temporary vacancy due to local travel —
(i) When the incumbent local chief executive is traveling within the country but outside his territorial jurisdiction for a period not exceeding three (3) consecutive days, he may designate in writing the officer-in-charge of the office of the local chief executive. Such authorization shall specify the powers and functions that the local official concerned shall exercise in the absence of the local chief executive except the power to appoint, suspend or dismiss employees.
(ii) In the event that the local chief executive concerned fails or refuses to issue such authorization, the vice governor, the city or municipal vice mayor, as the case may be, shall have the right to assume the powers, duties, and functions of the said office on the fourth (4th) day of absence of the said local chief executive, subject to the limitations provided in the immediately preceding subparagraph (i).
(iii) Except as provided in this Article, the local chief executive shall in no case authorize any local official to assume the powers, duties, and functions of the office, other than the vice governor, the city or municipal vice mayor, or the highest ranking sangguniang barangay member, as the case may be.
ARTICLE 84. Leaves of Absence. — (a) Leaves of absence of elective local officials shall be approved as follows:
(1) Leaves of absence of governors and mayors of highly-urbanized cities, independent component cities, and municipalities within MMA, shall be approved by the President or his duly authorized representative;
(2) Leaves of absence of vice governors or city or municipal vice mayors shall be approved by the local chief executive concerned;
(3) Leaves of absence of the members of the sanggunian and appointive employees therein shall be approved by the vice governor or city or municipal vice mayor concerned;
(4) Leaves of absence of mayors of component cities or municipalities shall be approved by the governor;
(5) Leaves of absence of punong barangays shall be approved by the city or municipal mayor; and
(6) Leaves of absence of sangguniang barangay members shall be approved by the punong barangay.
(b) Whenever the application for leave of absence is not acted upon within five (5) working days after receipt thereof, such application shall be deemed approved.
RULE XV
Powers, Duties, and Functions of Local Chief Executives
ARTICLE 85. Powers, Duties, and Functions of the Governor. — (a) The governor, as the chief executive of the province, shall exercise such powers and perform such duties and functions as provided by the Code and other applicable laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the province and its inhabitants pursuant to Sec. 16 of the Code, the governor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the province, and in this connection, shall:
(i) Determine the guidelines of provincial policies and be responsible to the sangguniang panlalawigan for the program of government;
(ii) Direct the formulation of the provincial development plan, with the assistance of the provincial development council, and upon approval thereof by the sangguniang panlalawigan, implement the same;
(iii) Present the program of government and propose policies and projects for the consideration of the sangguniang panlalawigan at the opening of the regular session of the sangguniang panlalawigan every calendar year and as often as may be deemed necessary as the general welfare of the inhabitants and the needs of the provincial government may require;
(iv) Initiate and propose legislative measures to the sangguniang panlalawigan, and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions;
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of provincial funds and whose appointments are not otherwise provided in the Code, as well as those he may be authorized by law to appoint;
(vi) Represent the province in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the sangguniang panlalawigan or pursuant to law or ordinance;
(vii) Carry out such emergency measures as may be necessary during and in the aftermath of man-made and natural disasters and calamities;
(viii) Determine the time, manner, and place of payment of salaries or wages of the officials and employees of the province, in accordance with law or ordinance;
(ix) Allocate and assign office space to provincial and other officials and employees who, by law or ordinance, are entitled to such space in the provincial capitol and other buildings owned or leased by the province;
(x) Ensure that all executive officials and employees of the province faithfully discharge their duties and functions as provided by law and the Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the province who may have committed an offense in the performance of his official duties;
(xi) Examine the books, records and other documents of all offices, officials, agents or employees of the province and, in aid of his executive powers and authority, require all national officials and employees stationed in the province to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;
(xii) Furnish copies of executive orders issued by him to the Office of the President within seventy-two (72) hours after their issuance;
(xiii) Visit component cities and municipalities of the province at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the officials and inhabitants of component cities and municipalities of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the province will improve the quality of life of the inhabitants;
(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of leave credits in accordance with law;
(xv) Authorize official trips of provincial officials and employees outside of the province for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned to the province to advise him on matters affecting the province and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs, and projects; and when appropriate, initiate an administrative or judicial action against a national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the province;
(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital or medical fees of provincial officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds,
(xviii) Represent the province in inter-provincial or regional sports councils or committees, and coordinate the efforts of component cities or municipalities in the national or regional palaro or sports development activities;
(xix) Conduct an annual palarong panlalawigan, which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and
(xx) Submit to the Office of the President the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the province and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the province, region, or country;
(2) Enforce all laws and ordinances relative to the governance of the province and the exercise of the appropriate corporate powers provided in Rule IX of these Rules, implement all approved policies, programs, projects, services, and activities of the province and, in addition to the foregoing, shall:
(i) Ensure that the acts of the component cities and municipalities of the province and of their officials and employees are within the scope of their prescribed powers, duties, and functions;
(ii) Call conventions, conference, seminars, or meetings of any elective and appointive officials of the province and its component cities and municipalities, including national officials and employees stationed in or assigned to the province, at such time and place and on such subject as he may deem important for the promotion of the general welfare of the province and its inhabitants;
(iii) Issue such executive orders for the faithful and appropriate enforcement and execution of laws and ordinances;
(iv) Be entitled to carry the necessary firearm within his territorial jurisdiction;
(v) In coordination with the mayors of component cities and municipalities and the National Police Commission, formulate the peace and order plan of the province and upon its approval, implement the same in accordance with RA 6975; and
(vi) Call upon the appropriate national law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition or to apprehend violators of the law when public interest so requires, and the police forces of the component city or municipality where the disorder or violation is happening are inadequate to cope with the situation or the violators;
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided in Rule XXX of these Rules, particularly those resources and revenues programmed for agro-industrial development and countrywide growth and progress and, relative thereto, shall:
(i) Require each head of an officer or department to prepare and submit an estimate or appropriations for the ensuing calendar year, in accordance with the budget preparation process in Rule XXXIV of these Rules;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the province for the ensuing calendar year in the manner provided in Rule XXXIV of these Rules;
(iii) Ensure that all taxes and other revenues of the province are collected, and that provincial funds are applied to the payment of expenses and settlement of obligations of the province, in accordance with law or ordinance;
(iv) Issue licenses and permits and suspend or revoke the same for any violation of the conditions upon which said licenses or permits had been issued, pursuant to law or ordinance;
(v) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources of the province, in coordination with the mayors of component cities and municipalities; provide efficient and effective property and supply management in the province; and protect the funds, credits, rights, and other properties of the province; and
(vi) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the province to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.
(4) Ensure the delivery of basic services and the provision of adequate facilities as provided in Rule V of these Rules, and in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded by the National Government shall, as far as practicable, be carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the province and of its component cities and municipalities; and,
(ii) Coordinate the implementation of technical services by national offices for the province and its component cities and municipalities, including public works and infrastructure programs of the provincial government and its component cities and municipalities.
(5) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
ARTICLE 86. Powers, Duties, and Functions of the City Mayor. — (a) The city mayor, as chief executive of the city, shall exercise such powers and perform such duties and functions as provided by the Code and other applicable laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the city and its inhabitants pursuant to Sec. 16 of the Code, the city mayor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the city, and this connection, shall:
(i) Determine the guidelines of city policies and be responsible to the sangguniang panlungsod for the program of government;
(ii) Direct the formulation of the city development plan, with the assistance of the city development council, and upon approval thereof by the sangguniang panlungsod, implement the same;
(iii) Present the program of government and propose policies and projects for the consideration of the sangguniang panlungsod at the opening of the regular session of the sangguniang panlungsod every calendar year and as often as the general welfare of the inhabitants and the needs to the city may require;
(iv) Initiate and propose legislative measures to the sangguniang panlungsod and as often as may be deemed necessary, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions;
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of city funds as whose appointments are not otherwise provided under the Code, as well as those he may be authorized by law to appoint;
(vi) Represent the city in all its business transactions and sign in its behalf all bonds, contracts, and obligations, and such other documents upon authority of the sangguniang panlungsod or pursuant to law or ordinance;
(vii) Carry out such emergency as may be necessary during and in the aftermath of man-made and natural disasters or calamities;
(viii) Determine the time, manner, and place of payment of salaries or wages of the officials and employees of the city, in accordance with law or ordinance;
(ix) Allocate and assign office space to city and other officials and employees who, by law or ordinance, are entitled to such space in the city hall and other buildings owned or leased by the city;
(x) Ensure that all executive officials and employees of the city faithfully discharge their duties and functions as provided by law and the Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the city who may have committed an offense in the performance of his official duties;
(xi) Examine the books, records and other documents of all offices, officials, agents, or employees of the city and, in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the city to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;
(xii) Furnish copies of executive orders issued by him, to the governor in the case of component city mayors, to the Office of the President in the case of highly-urbanized city mayors, and to their respective metropolitan council chairmen in the case of mayors of cities within MMA and other metropolitan political subdivisions as may be created by law, within seventy-two (72) hours after their issuance;
(xiii) Visit barangays of the city at least once every six (6) months to deepen his understanding of problems and conditions, listen and give appropriate counsel to local officials and inhabitants, inform the barangay officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to ensure that the governance of the city will improve the quality of life of the inhabitants;
(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of their leave credits in accordance with law;
(xv) Authorize official trips of city officials and employees outside of the city for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned to the city to advise him on matters affecting the city and to make recommendations thereon; coordinate with said official or employee in the formulation and implementation of plans, programs and projects; and, when appropriate, initiate an administrative or judicial action against a National Government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the city;
(xvii) Authorize payment for medical care, necessary transportation, subsistence, hospital, or medical fees of city officials and employees who are injured while in the performance of their official duties and functions, subject to availability of funds;
(xviii) Solemnize marriages, any provision of law to the contrary notwithstanding;
(xix) Conduct an annual palarong panlungsod, which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports; and
(xx) Submit to the governor, in the case of component cities; to the Office of the President, in the case of highly-urbanized cities; to the Metropolitan Manila Council chairman and to the Office of the President, in the case of cities of the MMA and other metropolitan political subdivisions as may be created by law, the following reports: an annual report containing a summary of all matters pertinent to the management, administration and development of the city and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the country, region, province, or city.
(2) Enforce all laws and ordinances relative to the governance of the city and in the exercise of the appropriate corporate powers provided in Rule IX of these Rules, implement all approved policies, programs, projects, services, and activities of the city and, in addition thereto, shall:
(i) Ensure that the acts of the city's barangays and of their officials and employees are within the scope of their prescribed powers, duties, and functions;
(ii) Call conventions, conferences, seminars, or meetings of any elective and appointive officials of the city, including provincial officials and national officials and employees stationed in or assigned to the city, at such time and place and on such subject as he may deem important for the promotion of the general welfare of LGU and its inhabitants;
(v) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the city and upon its approval, implement the same; and as such representative, exercise general and operational control and supervision over the local police forces in the city, in accordance with RA 6975; and
(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion, or sedition, or to apprehend violators of the law when public interest so requires and the city police forces are inadequate to cope with the situation or the violators.
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided in Sec. 18 of the Code, particularly those resources and revenues programmed for agro-industrial development countryside growth and progress and, relative thereto, shall:
(i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparations process under Rule XXXIV of these Rules;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the city for the ensuing calendar year in the manner provided for under Rule XXXIV of these Rules;
(iii) Ensure that all taxes and other revenues of the city are collected, and that city funds are applied to the payment of expenses and settlement of obligations of the city, in accordance with law or ordinance;
(v) Issue permits, without need of approval therefore from any national agency, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;
(vi) Require owners of illegally constructed houses, buildings, or other structures to obtain the necessary permit, subject to such fines and penalties as may be imposed by law or ordinance, or to make necessary changes in the construction of the same when said construction violates any law or ordinance, or to order the demolition or removal of said house, building, or structure within the period prescribed by law or ordinance;
(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the city; provide efficient and effective property and supply management in the city; and protect the funds, credits, rights, and other property of the city; and
(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees, or charges, and for the recovery of funds and property; and to cause the city to be defended against all suits to ensure that its interests, resources, and rights shall be adequately protected.
(4) Ensure the delivery of basic services and the provision of adequate facilities as provided in Rule V of these Rules, in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded by the National Government shall, as far as practicable, be carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the city, and in the case of component cities, of the city and of the province; and
(ii) Coordinate the implementation of technical services, including public works and infrastructure programs, rendered by NGAs in the case of highly urbanized and independent component cities, and by national and provincial offices in the case of component cities.
ARTICLE 87. Powers, Duties, and Functions of the Municipal Mayor. — (a) The municipal mayor, as the chief executive of the municipal government, shall exercise such powers and perform such duties and functions as provided by the Code and other applicable laws.
(b) For efficient, effective and economical governance the purpose of which is the general welfare of the municipality and its inhabitants pursuant to Sec. 16 of the Code, the municipal mayor shall:
(1) Exercise general supervision and control over all programs, projects, services, and activities of the municipality, and in this connection, shall:
(i) Determine the guidelines of municipal policies and be responsible to the sangguniang bayan for the program of government;
(ii) Direct the formulation of the municipal development plan, with the assistance of the municipal development council, and upon approval thereof by the sangguniang bayan, implement the same;
(iii) At the opening of the regular session of the sangguniang bayan for every calendar year and, as may be deemed necessary, present the program of government and propose policies and projects for the consideration of the sangguniang bayan as the general welfare of the inhabitants and the needs of the municipal government may require;
(iv) Initiate and propose legislative measures to the sangguniang bayan and, from time to time as the situation may require, provide such information and data needed or requested by said sanggunian in the performance of its legislative functions;
(v) Appoint all officials and employees whose salaries and wages are wholly or mainly paid out of municipal funds and whose appointments are not otherwise provided for in the Code, as well as those he may be authorized by law to appoint;
(vi) Upon authorization by the sangguniang bayan, represent the municipality in all its business transactions and sign on its behalf all bonds, contracts, and obligations, and such other documents made pursuant to law or ordinance;
(vii) Carry out such emergency measures as may be necessary during and if the aftermath of man-made and natural disasters and calamities;
(viii) Determine, according to law or ordinance, the time, manner and place of payment of salaries or wages of the officials and employees of the municipality;
(ix) Allocate and assign office space to municipal and other officials and employees who, by law or ordinance, are entitled to such space in the municipal hall and other buildings owned or leased by the municipality;
(x) Ensure that all executive officials and employees of the municipality faithfully discharge their duties and functions as provided by law and the Code, and cause to be instituted administrative or judicial proceedings against any official or employee of the municipality who may have committed an offense in the performance of his official duties;
(xi) Examine the books, records and other documents of all offices, officials, agents employees of the municipality and in aid of his executive powers and authority, require all national officials and employees stationed in or assigned to the municipality to make available to him such books, records, and other documents in their custody, except those classified by law as confidential;
(xii) Furnish copies of executive orders issued by him to the governor within seventy-two (72) hours after their issuance provided that municipalities of MMA and that of any metropolitan political subdivision, as may be created by law, shall furnish copies of said executive orders to the metropolitan authority council chairman and to the Office of the President;
(xiii) Visit barangays of the municipality at least once every six (6) months to deepen his understanding of problems and conditions therein, listen and give appropriate counsel to local officials and inhabitants, inform the barangay officials and inhabitants of general laws and ordinances which especially concern them, and otherwise conduct visits and inspections to the end that the governance of the municipality will improve the quality of the life of the inhabitants;
(xiv) Act on leave applications of officials and employees appointed by him and the commutation of the monetary value of leave credits according law;
(xv) Authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days;
(xvi) Call upon any national official or employee stationed in or assigned to the municipality to advise him on matters affecting the municipality and to make recommendations thereon, or to coordinate in the formulation and implementation of plans, programs and projects, and when appropriate, initiate an administrative or judicial action against national government official or employee who may have committed an offense in the performance of his official duties while stationed in or assigned to the municipality concerned;
(xvii) Subject to availability of funds, authorize payment of medical care, necessary transportation, subsistence, hospital or medical fees of municipal officials and employees who are injured while in the performance of their official duties and functions;
(xix) Conduct a palarong bayan, in coordination with the Department of Education, Culture and Sports, as annual activity which shall feature traditional sports and disciplines included in national and international games; and
(xx) Submit to the provincial governor the following reports: an annual report containing a summary of all matters pertaining to the management, administration and development of the municipality and all information and data relative to its political, social and economic conditions; and supplemental reports when unexpected events and situations arise at any time during the year, particularly when man-made or natural disasters or calamities affect the general welfare of the municipality, province, region or country. Mayors of municipalities of the MMA and other metropolitan political subdivisions, as may be created by law, shall submit said reports to their respective metropolitan council chairmen and to the Office of the President.
(2) Enforce all laws and ordinances relative to the governance of the municipality and the exercise of its corporate powers provided in Rule IX of these Rules, implement all approved policies, programs, projects, services and activities of the municipality and, in addition, shall:
(i) Ensure that the acts of the municipality's barangays and of their officials and employees are within the scope of their prescribed powers, functions, duties and responsibilities;
(ii) Call conventions, conferences, seminars or meetings of any elective and appointive officials of the municipality, including provincial officials and national officials and employees stationed in or assigned to the municipality at such time and place and on such subject as he may deem important for the promotion of the general welfare of the municipality and its inhabitants;
(iii) Issue such executive orders as are necessary for the proper enforcement and execution of laws and ordinances;
(v) Act as the deputized representative of the National Police Commission, formulate the peace and order plan of the municipality and upon its approval, implement the same and exercise general and operational control and supervision over the local police forces in the municipality in accordance with RA 6975;
(vi) Call upon the appropriate law enforcement agencies to suppress disorder, riot, lawless violence, rebellion or sedition or to apprehend violators of the law when public interest so requires, and the municipal police forces are inadequate to cope with the situation or the violators.
(3) Initiate and maximize the generation of resources and revenues, and apply the same to the implementation of development plans, program objectives and priorities as provided under these Rules, particularly those resources and revenues programmed for agro-industrial development and countrywide growth and progress, and relative thereto, shall:
(i) Require each head of an office or department to prepare and submit an estimate of appropriations for the ensuing calendar year, in accordance with the budget preparation process in Rule XXXIV of these Rules;
(ii) Prepare and submit to the sanggunian for approval the executive and supplemental budgets of the municipality for the ensuing calendar year in the manner provided in Rule XXXIV of these Rules;
(iii) Ensure that all taxes and other revenues of the municipality are collected, and that municipal funds are applied in accordance with law or ordinance to the payment of expenses and settlement of obligations of the municipality;
(v) Issue permits, without need of approval therefore from any NGA, for the holding of activities for any charitable or welfare purpose, excluding prohibited games of chance or shows contrary to law, public policy and public morals;
(vii) Adopt adequate measures to safeguard and conserve land, mineral, marine, forest, and other resources of the municipality; provide efficient and effective supply and property management in the municipality; and protect the funds, credits, rights and other properties of the municipality; and
(viii) Institute or cause to be instituted administrative or judicial proceedings for violation of ordinances in the collection of taxes, fees or charges, and for the recovery of funds and property; and cause the municipality to be defended against all suits to ensure that its interests, resources and rights shall be adequately protected.
(4) Ensure the delivery of basic services and the provision of adequate facilities as provided in Rule V of these Rules and, in addition thereto, shall:
(i) Ensure that the construction and repair of roads and highways funded by the National Government shall, as far as practicable, be carried out in a spatially contiguous manner and in coordination with the construction and repair of the roads and bridges of the municipality and the province; and
(ii) Coordinate the implementation of technical services rendered by national and provincial offices, including the public works and infrastructure programs in the municipality.
ARTICLE 88. Powers, Duties, and Functions of the Punong Barangay. — (a) The punong barangay, as the chief executive of the barangay, shall exercise such powers and perform such duties and functions, as provided by the Code and other laws.
(b) For efficient, effective and economical governance, the purpose of which is the general welfare of the barangay and its inhabitants pursuant to Sec. 16 of the Code, the punong barangay shall:
(1) Enforce all laws and ordinances which are applicable within the barangay;
(2) Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay;
(3) Maintain public order in the barangay and, in pursuance thereof, assist the city or municipal mayor and the sanggunian members in the performance of their duties and functions;
(4) Call and preside over the sessions of the sangguniang barangay and the barangay assembly, and vote only to break a tie;
(5) Upon approval by a majority of all the members of the sangguniang barangay, appoint or replace the barangay treasurer, the barangay secretary, and other appointive barangay officials;
(6) Organize and lead an emergency group whenever the same may be necessary for the maintenance of peace and order or on occasions of emergency or calamity within the barangay;
(7) In coordination with the barangay development council, prepare the annual executive and supplemental budgets of the barangay;
(8) Approve vouchers relating to the disbursement of barangay funds;
(9) Enforce laws and regulations relating to pollution control and protection of the environment;
(10) Administer the operation of the katarungang pambarangay in accordance with the provisions of the Code;
(11) Exercise general supervision over the activities of the sangguniang kabataan;
(12) Ensure the delivery of basic services as mandated in Rule V of these Rules;
(13) Conduct an annual palarong barangay which shall feature traditional sports and disciplines included in national and international games, in coordination with the Department of Education, Culture and Sports;
(14) Promote the general welfare of the barangay; and
(15) Exercise such other powers and perform such other duties and functions as may be prescribed by law of ordinance.
(c) In the performance of his peace and order functions, the punong barangay shall be entitled to possess and carry the necessary firearm within his territorial jurisdiction, subject to appropriate rules and regulations.
RULE XVI
Powers, Duties, and Functions of Vice Governors,
City and Municipal Vice Mayors
ARTICLE 89. Powers, Duties, and Functions of the Vice Governor. — The vice governor shall:
(a) Be the presiding officer of the sangguniang panlalawigan and sign all warrants drawn on the provincial treasury for all expenditures appropriated for the operation of the sangguniang panlalawigan;
(b) Appoint all officials and employees of the sangguniang panlalawigan, except those whose manner of appointment is specifically provided under these Rules, subject to civil service law, rules and regulations;
(c) Assume the office of the governor for the unexpired term of the latter in the event of permanent vacancy as provided under these Rules; and
(d) Exercise the powers and perform the duties and functions of the governor in cases of temporary vacancy as provided under these Rules.
ARTICLE 90. Powers, Duties, and Functions of the City Vice Mayor. — The city vice mayor shall:
(a) Be the presiding officer of the sangguniang panlungsod and sign all warrants drawn on the city treasury for all expenditures appropriated for the operation of the sangguniang bayan;
(b) Appoint all officials and employees of the sangguniang bayan, except those whose manner of appointment is specifically provided under these Rules, subject to civil service law, rules and regulations;
(c) Assume the office of the city mayor for the unexpired term of the latter in the event of permanent vacancy as provided under these Rules.
ARTICLE 91. Powers, Duties, and Functions of the Municipal Vice Mayor. — The municipal vice mayor shall:
(a) Be the presiding officer of the sangguniang bayan and sign all warrants drawn on the municipal treasury for all expenditures appropriated for the operation of the sangguniang bayan;
(c) Assume the office of the municipal mayor for the unexpired term of the latter in the event of permanent vacancy as provided under these Rules; and
(d) Exercise the powers and perform the duties and functions of the municipal mayor in cases of temporary vacancy as provided under these Rules.
RULE XVII
Local Legislative Bodies and Local Legislation
ARTICLE 92. Local Legislative Bodies. — Local legislative power shall be exercised by the following legislative bodies of the LGUs:
(a) Sangguniang panlalawigan for the province;
(b) Sangguniang panlungsod for the city;
(c) Sangguniang bayan for the municipality; and
(d) Sangguniang barangay for the barangay.
ARTICLE 93. Composition. — (a) Sangguniang panlalawigan —
(1) The sangguniang panlalawigan shall be composed of the vice governor as the presiding officer, the regular sangguniang members, the president of the provincial chapter of the liga ng mga barangay, the president of the panlalawigang pederasyon ng mga sangguniang kabataan, the president of the provincial federation of sanggunian members of municipalities and component cities, and the sectoral representatives, as members.
(2) There shall be one (1) sectoral representative from the women, one (1) from the workers, and one (1) from any of the following sectors: the urban poor, indigenous cultural communities, disabled persons, or any other sector as may be determined by the sanggunian concerned within ninety (90) days prior to the holding of the next local elections, as may be provided by law.
(b) Sangguniang panlungsod —
(1) The sangguniang panlungsod shall be composed of the city vice mayor as the presiding officer, the regular sangguniang members, the president of the city chapter of the liga ng mga barangay, the president of the panlungsod na pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
(c) Sangguniang bayan —
(1) The sangguniang bayan shall be composed of the municipal vice mayor as presiding officer, the regular sanggunian members, the president of the municipal chapter of the liga ng mga barangay, the president of the pambayang pederasyon ng mga sangguniang kabataan, and the sectoral representatives, as members.
(d) Sangguniang barangay — The sangguniang barangay shall be composed of the punong barangay as presiding officer, and the seven (7) regular sangguniang barangay members elected at large, and sangguniang kabataan chairman, as members.
ARTICLE 94. Manner of Election and Number of Elective Sanggunian Members. — (a) Sangguniang panlalawigan —
(1) For provinces with two (2) or more legislative districts, the elective members of the sangguniang panlalawigan shall be elected by legislative districts. For this purpose, they shall be apportioned equitably provided that if equal division is not possible, the remaining member or members shall be elected in the district or districts with the greater number of population or, if they be the same, with the greater number of voters; and provided further, that if a legislative district comprises an independent component city such that an equal distribution of sanggunian members does not result in equitable apportionment on the basis of population of the province, the COMELEC shall allocate the number among the districts in proportion to the population or constituencies voting for the members of the sangguniang panlalawigan.
(2) For provinces with only one (1) representative district, the COMELEC shall divide the members into to (2) districts for purposes of provincial representation as nearly as practicable according to the number of inhabitants. Each district comprising a compact, contiguous and adjacent territory, and the number of elective members of their respective sanggunians shall be equitably apportioned between the districts in accordance with the standard or formula provided in the immediately preceding subparagraph (1).
(3) First and second class provinces shall each have ten (10) elective members; third and fourth class provinces, eight (8); and fifth and sixth class provinces, six (6) to be elected at large by the qualified voters therein.
(1) For purposes of the regular elections on May 11, 1992, elective members of the sangguniang panlungsod shall be elected at large in accordance with existing laws. Beginning with the regular elections in 1995, said members shall be elected by district.
(2) The number and election of elective members of the sangguniang panlungsod in the MMA, City of Cebu, City of Davao and any other city with two (2) or more legislative districts shall continue to be governed by the provisions of Sections 2 and 3 of RA 6636, as amended, to wit:
"Sec. 2. Metro Manila Area. — . . . the City of Manila, Quezon City and the City of Caloocan shall have six (6) councilors for each of their representative districts who shall be residents thereof to be elected by the qualified voters therein. The City of Pasay ... which comprises a representative district, shall have twelve (12) councilors ... to be elected at large by the qualified voters of the said city . . ."
"Sec. 3. Other Cities. — . . . The City of Cebu, City of Davao, and any other city with more than one representative district shall have eight (8) councilors for each district who shall be residents thereof to be elected by the qualified voters therein, provided that the cities of Cagayan de Oro, Zamboanga, Bacolod, Iloilo and other cities comprising a representative district shall have twelve (12) councilors each and all other cities shall have ten (10) councilors each to be elected at large by the qualified voters of the said cities provided that in no case shall the present number of councilors according to their charters be reduced."
(1) For purposes of the regular elections on May 11, 1992, elective members of the sangguniang bayan shall be elected at large in accordance with RA 6636. Beginning with the regular elections in 1995, they shall be elected by district.
(2) The number and election of elective members of the sangguniang bayan of the municipalities in the MMA shall be governed by the provisions of Sec. 2 of RA 6636, as amended, to wit:
"Sec. 2. Metro Manila Area. — . . . The municipalities of Makati, Parañaque, Pasig, Marikina, and Valenzuela, each of which comprises a representative district, shall have twelve (12) councilors each to be elected at large by the qualified voters of the said . . . municipalities. All the other municipalities within the Metropolitan Manila Area shall have ten (10) councilors each, with the exception of the municipality of Pateros which shall have eight (8) councilors, to be elected at large by their respective qualified voters."
(3) All municipalities shall have eight members to be elected at large by the qualified voters therein.
(d) Sangguniang barangay —
(1) The sangguniang barangay members shall be elected at large in their respective barangays by the qualified voters therein.
(2) The sangguniang kabataan chairman for each barangay shall be elected by the registered voters of the katipunan ng kabataan, as provided in Rule XXVII of these Rules.
ARTICLE 95. Manner of Election of Sectoral Representatives in the Sanggunian. — The COMELEC shall promulgate rules and regulations to effectively provide for the election of sectoral representatives in the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan.
ARTICLE 96. Term of Office. — The term of office of sanggunian members is provided under Rule XIV of these Rules.
ARTICLE 97. Compensation and Other Benefits. — Compensation and other benefits of sanggunian members are provided in Rule XIV of these Rules.
ARTICLE 98. Powers, Duties, and Functions of the Sangguniang Panlalawigan. — (a) The sangguniang panlalawigan, as the legislative body of the province, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the province and its inhabitants pursuant to Sec. 16 of the Code and in the proper exercise of the corporate powers of the province as provided in Rule IX of these Rules, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective provincial government and shall:
(i) Review all ordinances approved by the sanggunians of component cities and municipalities and executive orders issued by the mayors of said component units to determine whether these are within the scope of the prescribed powers of the sanggunian and of the mayor;
(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion, or sedition and impose penalties for the violation of said ordinances;
(iii) Approve ordinances imposing imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (P5,000.00) or both imprisonment and fine at the discretion of the court, for violation of a provincial ordinance;
(iv) Adopt measures to protect the inhabitants of the province from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters and calamities and their return to productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the province;
(vi) Protect the environment and impose appropriate penalties for acts which endanger the environment, such as dynamite fishing and other forms of destructive fishing, illegal logging and smuggling of logs, smuggling of natural resources products and of endangered species of flora and fauna, slash and burn farming, and such other activities which result in pollution, acceleration of eutrophication of rivers and lakes, or of ecological imbalance;
(vii) Subject to the provisions of the Code and applicable laws, determine the powers and duties of officials and employees of the province;
(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from provincial funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the provincial government;
(ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy, or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law;
(x) Provide a mechanism and the appropriate funds therefore, to ensure the safety and protection of all provincial government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the provincial government; and
(xi) When the finances of the provincial government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed or assigned to the province.
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the province as provided in Sec. 18 of the Code, with particular attention to agro-industrial development and countrywide growth and progress and relative thereto, shall:
(i) Enact the annual and supplemental appropriations of the provincial government and appropriate funds for specific programs, projects, services and activities of the province, or for other purposes not contrary to law, in order to promote the general welfare of the province and its inhabitants;
(ii) Subject to the provisions of Book II of the Code and applicable laws and upon the majority vote of the members of the sangguniang panlalawigan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Code and applicable laws and upon a majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to negotiate and contract loans and other forms of indebtedness;
(iv) Subject to the provisions of Book II of the Code and applicable laws and upon a majority vote of all the members of the sangguniang panlalawigan, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the province; and upon a majority vote of all the members of the sangguniang panlalawigan, authorize the provincial governor to lease to private parties such public buildings held in a propriety capacity, subject to applicable laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the province;
(vii) Review the comprehensive land use plans and zoning ordinances of component cities and municipalities and adopt a comprehensive provincial land use plan, subject to applicable laws; and
(viii) Adopt measures to enhance the full implementation of the national agrarian reform program in coordination with the Department of Agrarian Reform;
(3) Subject to the provisions of Book II of the Code, grant franchises, approve the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the province, and pursuant to this legislative authority, shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the provincial government to private persons or entities; and
(ii) Regulate and fix the license fees for such activities as provided under the Code.
(4) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided under Rule V of these Rules, and, in addition to said services and facilities, shall:
(i) Adopt measures and safeguards against pollution and for the preservation of the natural ecosystem in the province, in consonance with approved standards on human settlements and environmental sanitation;
(ii) Subject to applicable laws, facilitate or provide for the establishment and maintenance of a waterworks systems or district waterworks for supplying water to inhabitants of component cities and municipalities;
(iii) Subject to the availability of funds and to applicable laws, rules and regulations, provide for the establishment and operation of vocational and technical schools and similar post-secondary institutions; and, with the approval of the Department of Education, Culture and Sports and subject to existing laws on tuition fees, fix reasonable tuition fees and other school charges in educational institutions supported by the provincial government;
(iv) Establish a scholarship fund for the poor but deserving students in schools located within its jurisdiction or for students residing within the province;
(v) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases within its territorial jurisdiction;
(vi) Provide for the care of paupers, the aged, the disabled, the sick, persons of unsound mind, abandoned minors, abused children, juvenile delinquents, drug dependents, and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; subject to availability of funds, establish and support the operation of centers and facilities for said needy and disadvantaged persons; and facilitate efforts to promote the welfare of families below the poverty threshold, the disadvantaged, and the exploited;
(vii) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the province;
(viii) Establish a provincial council whose purpose is the promotion of culture and the arts, coordinate with government agencies and non-governmental organizations and, subject to the availability of funds, appropriate funds for the support and development of the same;
(ix) Establish a provincial council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the province; and subject to the availability of funds, appropriate funds to support programs and projects for the elderly; and provide incentives for NGOs to support the programs and projects of the elderly; and
ARTICLE 99. Powers, Duties, and Functions of the Sangguniang Panlungsod. — (a) The sangguniang panlungsod, as the legislative body of the city, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the city and its inhabitants pursuant to Sec. 16 of the Code and in the proper exercise of the corporate powers of the city as provided in Rule IX of these Rules, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective city government, and relative thereto, shall:
(i) Review all ordinances approved by the sangguniang barangay and executive orders issued by the punong barangay to determine whether these are within the scope of the prescribed powers of the sanggunian and of the punong barangay;
(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for the violation of said ordinances;
(iii) Approve ordinances imposing imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (P5,000.00) or both imprisonment and fine at the discretion of the court, for violation of a city ordinance;
(iv) Adopt measures to protect the inhabitants of the city from the harmful effects of man-made or natural disasters and calamities, and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials or publications, and such other activities inimical to the welfare and morals of the inhabitants of the city;
(vii) Subject to the provisions of the Code and applicable laws, determine the powers and duties of officials and employees of the city;
(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from city funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the city government;
(ix) Authorize the payment of compensation to a qualified person not in the government service who fills up a temporary vacancy or grant honorarium to any qualified official or employee designated to fill a temporary vacancy in a concurrent capacity, at the rate authorized by law;
(x) Provide a mechanism and the appropriate funds therefore, to ensure the safety and protection of all city government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the city government;
(xi) When the finances of the city government allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the city;
(xii) Provide legal assistance to barangay officials who, in the performance of their official duties or on the occasion thereof, have to initiate judicial proceedings or defend themselves against legal action; and
(xiii) Provide group insurance or additional insurance coverage for all barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the city government allow said coverage;
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities of the city as provided in Sec. 18 of the Code, with particular attention to agro-industrial development and citywide growth and progress, and relative thereto, shall:
(i) Approve the annual and supplemental budgets of the city government and appropriate funds for specific programs, projects, services and activities of the city, or for other purposes not contrary to law, in order to promote the general welfare of the city and its inhabitants;
(ii) Subject to the provisions of Book II of the Code and applicable laws and upon a majority vote of all the members of the sangguniang panlungsod, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Code and upon a majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to negotiate and contract loans and other forms of indebtedness;
(iv) Subject to the provisions of Book II of the Code and applicable laws and upon a majority vote of all the members of the sangguniang panlungsod, enact ordinances authorizing the floating of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the city; and, upon a majority vote of all the members of the sangguniang panlungsod, authorize the city mayor to lease to private parties such public buildings held in a propriety capacity, subject to existing laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the city;
(vii) Adopt a comprehensive land use plan for the city provided that in the case of component cities, the formulation, adoption or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan;
(viii) Reclassify agricultural lands within the jurisdiction of the city, subject to the provisions of Rule VII of these Rules;
(ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within said fire limits or zones in accordance with the provisions of the Fire Code;
(x) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and to collect processing fees and other charges, the proceeds of which shall accrue entirely to the city provided that where approval of an NGA is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the said period shall be deemed as approval thereof;
(xi) Subject to the provisions of Book II of the Code, grant the exclusive privilege of constructing fish corrals or fish pens, or the taking or catching of bangus fry, prawn fry or kawag-kawag, or fry of any species or fish within the city waters;
(xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang panlungsod, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of Chapter 5, Title I, Book II of the Code;
(xiii) Grant loans or provide grants to other LGUs or to national, provincial, and city charitable, benevolent or educational institutions provided that said institutions are operated and maintained within the city;
(xiv) Regulate the numbering of residential, commercial and other buildings; and
(xv) Regulate the inspection, weighing and measuring of articles of commerce.
(3) Subject to the provisions of Book II of the Code, enact ordinances granting franchises and authorizing the issuance of permits or licenses, upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the city and pursuant to this legislative authority shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the city government to private persons or entities;
(ii) Regulate or fix license fees for any business or practice of profession within the city and the conditions under which the license for said business or practice of profession may be revoked and enact ordinances levying taxes thereon;
(iii) Provide for and set the terms and conditions under which public utilities owned by the city shall be operated by the city government, and prescribe the conditions under which the same may be leased to private persons or entities, preferably cooperatives;
(iv) Regulate the display of and fix the license fees for signs, signboards, or billboards at the place or places where the profession or business advertised thereby is, in whole or in part, conducted;
(v) Any law to the contrary notwithstanding, authorize and license the establishment, operation, and maintenance of cockpits, and regulate cockfighting and commercial breeding of gamecocks provided that existing rights should not be prejudiced;
(vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the city; and
(vii) Upon approval by a majority vote of all the members of the sangguniang panlungsod: grant a franchise to any person, partnership, corporation, or cooperative to do business within the city; establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses; or undertake such other activities within the city as may be allowed by applicable laws provided that cooperatives shall be given preference in the grant of such a franchise.
(4) Regulate activities relative to the use of land, buildings and structures within the city in order to promote the general welfare and for said purpose shall:
(i) Declare, prevent or abate any nuisance;
(ii) Require that buildings and the premises thereof and any land within the city be kept and maintained in a sanitary condition; impose penalties for any violation thereof; or, upon failure to comply with said requirement, have the work done at expense of the owner, administrator or tenant concerned; or require the filing up of any land or premises to a grade necessary for proper sanitation;
(iii) Regulate the disposal of clinical and other wastes from hospitals, clinics and other similar establishments;
(iv) Regulate the establishment, operation and maintenance of cafes, restaurants, beerhouses, hotels, motels, inns, pension houses, lodging houses, and other similar establishments, including tourist guides and transports;
(v) Regulate the sale, giving away or dispensing of any intoxicating malt, vino, mixed or fermented liquors at any retail outlet;
(vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the city;
(vii) Regulate the establishment, operation, and maintenance of any entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places for entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;
(viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and,
(ix) Regulate the establishment, operation and maintenance of funeral parlors and the burial or cremation of the dead, subject to applicable laws, rules and regulations.
(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and facilities as provided in Rule V of these Rules, and in addition to said services and facilities, shall:
(i) Provide for the establishment, maintenance, protection, and conservation of communal forests and watersheds, tree parks, greenbelts, mangroves, and other similar forest development projects;
(ii) Establish markets, slaughterhouses or animal corrals and authorize the operation thereof by the city government; and regulate the construction and operation of private markets, talipapas, or other similar buildings and structures;
(iii) Authorize the establishment, maintenance, and operation by the city government of ferries, wharves, and other structures intended to accelerate productivity related to marine and seashore or offshore activities;
(iv) Regulate the preparation and sale of meat, poultry, fish, vegetables, fruits, fresh dairy products, and other foodstuffs for public consumption;
(v) Regulate the use of streets, avenues, alleys, sidewalks, bridges, parks and other public places and approve the construction, improvement, repair and maintenance of the same; establish bus and vehicle stops and terminals or regulate the use of the same by privately-owned vehicles which serve the public; regulate garages and the operation of conveyances for hire; designate stands to be occupied by public vehicles when not in use; regulate the putting up of signs, signposts, awnings and awning posts on the streets; and provide for the lighting, cleaning and sprinkling of streets and public places;
(vi) Regulate traffic on all streets and bridges; prohibit encroachments or obstacles thereon and, when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places;
(vii) Subject to applicable laws, establish and provide for the maintenance, repair, and operation of an efficient waterworks system to supply water for the inhabitants and to purify the source of water supply; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the city and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water and fix and collect charges therefore;
(viii) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and regulate the construction and use of private water closets, privies, and other similar structures in buildings and homes;
(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and provide for the correction, condemnation or removal of the same when found to be dangerous, defective, or otherwise hazardous to the welfare of the inhabitants;
(x) Subject to availability of funds and to applicable laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and, with the approval of the Department of Education, Culture and Sports and subject to existing law on tuition fees, fix and collect reasonable tuition fees and other school charges in education institutions supported by the city;
(xi) Establish a scholarship fund for poor but deserving students in schools located within its jurisdiction or for students residing within the city;
(xii) Approve measures and adopt quarantine regulations to prevent the introduction and spread of diseases;
(xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal; prohibit littering and placing or throwing of garbage, refuse and other filths and wastes;
(xiv) Provide for the care of the disabled, the aged, the sick, paupers, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abuse children, and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age; and, subject to availability of funds, establish and provide for the operation of centers and facilities for them;
(xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute a sound jail management program, and appropriate funds for the subsistence of detainees and convicted prisoners in the city;
(xvi) Establish a city council whose purpose is the promotion of culture and the arts, coordinate with NGAs and NGOs and, subject to availability of funds, appropriate funds for the support and development of the same; and
(xvii) Establish a city council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for NGOs, subject to the availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and
ARTICLE 100. Powers, Duties, and Functions of the Sangguniang Bayan. — (a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Sec. 16 of the Code and in the proper exercise of the corporate powers of the municipality as provided in Rule IX of these Rules, and shall:
(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal governance, and relative thereto, shall:
(iv) Adopt measures to protect the inhabitants of the municipality from the harmful effects of man-made or natural disasters and calamities and to provide relief services and assistance for victims during and in the aftermath of said disasters or calamities and their return to productive livelihood following said events;
(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction, maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or pornographic materials of publications, and such other activities inimical to the welfare and morals of the inhabitants of the municipality;
(vii) Subject to the provisions of the Code and applicable laws, determine the powers and duties of officials and employees of the municipality;
(viii) Determine the positions and the salaries, wages, allowances and other emoluments and benefits of officials and employees paid wholly or mainly from municipal funds and provide for expenditures necessary for the proper conduct of programs, projects, services, and activities of the municipal government;
(x) Provide a mechanism and the appropriate funds therefore, to ensure the safety and protection of all municipal government property, public documents, or records such as those relating to property inventory, land ownership, records of births, marriages, deaths, assessments, taxation, accounts, business permits, and such other records and documents of public interest in the offices and departments of the municipal government;
(xi) When the finances of the municipality allow, provide for additional allowances and other benefits to judges, prosecutors, public elementary and high school teachers, and other national government officials stationed in or assigned to the municipality;
(xiii) Provide group insurance or additional insurance coverage for barangay officials, including members of barangay tanod brigades and other service units, with public or private insurance companies, when the finances of the municipal government allow said coverage.
(2) Generate and maximize the use of resources and revenues for the development plans, program objectives and priorities for the municipality as provided in Sec. 18 of the Code with particular attention to agro-industrial development and countryside growth and progress, and relative thereto, shall:
(i) Approve the annual and supplemental budgets of the municipal government and appropriate funds for specific programs, projects, services and activities of the municipality, or for other purposes not contrary to law, in order to promote the general welfare of the municipality and its inhabitants;
(ii) Subject to the provisions of Book II of the Code and applicable laws and upon the majority vote of all the members of the sangguniang bayan, enact ordinances levying taxes, fees and charges, prescribing the rates thereof for general and specific purposes, and granting tax exemptions, incentives or reliefs;
(iii) Subject to the provisions of Book II of the Code and upon a majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to negotiate and contract loans and other forms of indebtedness;
(iv) Subject to the provisions of Book II of the Code and applicable laws and upon a majority vote of all the members of the sangguniang bayan, enact ordinances authorizing the floatation of bonds or other instruments of indebtedness, for the purpose of raising funds to finance development projects;
(v) Appropriate funds for the construction and maintenance or the rental of buildings for the use of the municipality and, upon a majority vote of all the members of the sangguniang bayan, authorize the municipal mayor to lease to private parties such public buildings held in the propriety capacity, subject to existing laws, rules and regulations;
(vi) Prescribe reasonable limits and restraints on the use of property within the jurisdiction of the municipality;
(vii) Adopt a comprehensive land use plan for the municipality provided that the formulation, adoption, or modification of said plan shall be in coordination with the approved provincial comprehensive land use plan;
(viii) Reclassify agricultural lands within the jurisdiction of the municipality, subject to the provisions of Rule VII of these Rules;
(ix) Enact integrated zoning ordinances in consonance with the approved comprehensive land use plan, subject to existing laws, rules and regulations; establish fire limits or zones, particularly in populous centers; and regulate the construction, repair or modification of buildings within the said fire limits or zones in accordance with the provisions of the Fire Code;
(x) Subject to national law, process and approve subdivision plans for residential, commercial, or industrial purposes and other development purposes, and collect processing fees and other charges, the proceeds of which shall accrue entirely to the municipality provided that where approval by a national agency or office is required, said approval shall not be withheld for more than thirty (30) days from receipt of the application. Failure to act on the application within the period stated above shall be deemed as approval thereof;
(xi) Subject to the provisions of Book II of the Code, grant the exclusive privilege of constructing fish corrals or fish pens, or taking or catching of bangus fry, prawn fry or kawag-kawag or fry of any species or fish within the municipal waters;
(xii) With the concurrence of at least two-thirds (2/3) of all the members of the sangguniang bayan, grant tax exemptions, incentives or reliefs to entities engaged in community growth-inducing industries, subject to the provisions of Chapter 5, Title I Book II of the Code;
(xiii) Grant loans or provide grants to another LGUs or to national, provincial, and municipal charitable, benevolent or educational institutions provided that said institutions are operated and maintained within the municipality;
(xiv) Regulate the numbering of residential, commercial and other buildings; and,
(3) Subject to the provisions of Book II of the Code, grant franchises, enact ordinances authorizing the issuance of permits or licenses, or enact ordinances levying taxes, fees and charges upon such conditions and for such purposes intended to promote the general welfare of the inhabitants of the municipality, and pursuant to this legislative authority shall:
(i) Fix and impose reasonable fees and charges for all services rendered by the municipal government to private persons or entities;
(ii) Regulate any business, occupation, or practice of profession or calling which does not require government examination within the municipality and the conditions under which the license for said business or practice of profession may be issued or revoked;
(iii) Prescribe the terms and conditions under which public utilities owned by the municipality shall be operated by the municipal government or leased to private persons or entities, preferably cooperatives;
(vi) Subject to the guidelines prescribed by the Department of Transportation and Communications, regulate the operation of tricycles and grant franchises for the operation thereof within the territorial jurisdiction of the municipality;
(vii) Upon approval by a majority vote of all the members of the sangguniang bayan, grant a franchise to any person, partnership, corporation, or cooperative to establish, construct, operate and maintain ferries, wharves, markets or slaughterhouses, or such other similar activities within the municipality as may be allowed by applicable laws provided that cooperatives shall be given preference in the grant of such a franchise.
(4) Regulate activities relative to the use of land, buildings, and structures within the municipality in order to promote the general welfare and for said purpose shall:
(ii) Require that buildings and the premises thereof and any land within the municipality be kept and maintained in a sanitary condition; impose penalties for any violation thereof, or upon failure to comply with said requirement, have the work done and require the owner, administrator or tenant concerned to pay the expenses of the same; or require the filling up of any land or premises to a grade necessary for proper sanitation;
(vi) Regulate the establishment and provide for the inspection of steam boilers or any heating device in buildings and the storage of inflammable and highly combustible materials within the municipality;
(vii) Regulate the establishment, operation, and maintenance of entertainment or amusement facilities, including theatrical performances, circuses, billiard pools, public dancing schools, public dance halls, sauna baths, massage parlors, and other places of entertainment or amusement; regulate such other events or activities for amusement or entertainment, particularly those which tend to disturb the community or annoy the inhabitants, or require the suspension or suppression of the same; or, prohibit certain forms of amusement or entertainment in order to protect the social and moral welfare of the community;
(viii) Provide for the impounding of stray animals; regulate the keeping of animals in homes or as part of a business, and the slaughter, sale or disposition of the same; and adopt measures to prevent and penalize cruelty to animals; and
(ix) Regulate the establishment, operation, and maintenance of funeral parlors and the burial or cremation of the dead, subject to applicable laws, rules and regulations.
(ii) Establish markets, slaughterhouses, or animal corrals and authorize the operation thereof, and regulate the construction and operation of private markets, talipapas, or other similar buildings and structures;
(iii) Authorize the establishment, maintenance and operation of ferries, wharves, and other structures, and marine and seashore or offshore activities intended to accelerate productivity;
(vi) Regulate traffic on all streets and bridges, prohibit the putting up of encroachments or obstacles thereon, and when necessary in the interest of public welfare, authorize the removal of encroachments and illegal constructions in public places;
(vii) Subject to applicable laws, provide for the establishment, operation, maintenance, and repair of an efficient waterworks system to supply water for the inhabitants; regulate the construction, maintenance, repair and use of hydrants, pumps, cisterns and reservoirs; protect the purity and quantity of the water supply of the municipality and, for this purpose, extend the coverage of appropriate ordinances over all territory within the drainage area of said water supply and within one hundred (100) meters of the reservoir, conduit, canal, aqueduct, pumping station, or watershed used in connection with the water service; and regulate the consumption, use or wastage of water;
(viii) Regulate the drilling and excavation of the ground for the laying of water, gas, sewer, and other pipes, and the construction, repair and maintenance of public drains, sewers, cesspools, tunnels and similar structures; regulate the placing of poles and the use of crosswalks, curbs, and gutters; adopt measures to ensure public safety against open canals, manholes, live wires and other similar hazards to life and property; and, regulate the construction and use of private water closets, privies and other similar structures in buildings and homes;
(ix) Regulate the placing, stringing, attaching, installing, repair and construction of all gas mains, electric, telegraph and telephone wires, conduits, meters and other apparatus; and, provide for the correction, condemnation, or removal of the same when found to be dangerous, defective or otherwise hazardous to the welfare of the inhabitants;
(x) Subject to the availability of funds and to applicable laws, rules and regulations, establish and provide for the operation of vocational and technical schools and similar post-secondary institutions and with the approval of the Department of Education, Culture and Sports, fix and collect reasonable fees and other school charges on said institutions, subject to existing laws on tuition fees;
(xi) Establish a scholarship fund for poor but deserving students residing within the municipality in schools located within its jurisdiction;
(xiii) Provide for an efficient and effective system of solid waste and garbage collection and disposal and prohibit littering and the placing or throwing of garbage, refuse and other filth and wastes;
(xiv) Provide for the care of paupers, the aged, the disabled, the sick, persons of unsound mind, abandoned minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons, particularly children and youth below eighteen (18) years of age and, subject to availability of funds, establish and provide for the operation of centers and facilities for said persons;
(xv) Establish and provide for the maintenance and improvement of jails and detention centers, institute sound jail management programs, and appropriate funds for the subsistence of detainees and convicted prisoners in the municipality;
(xvi) Establish a municipal council whose purpose is the promotion of culture and the arts, coordinate with the NGAs and NGOs and, subject to the availability of funds, appropriate funds for the support and development of the same; and
(xvii) Establish a municipal council for the elderly which shall formulate policies and adopt measures mutually beneficial to the elderly and to the community; provide incentives for NGOs and, subject to availability of funds, appropriate funds to support programs and projects for the benefit of the elderly; and
(6) Exercise such other powers and perform such other duties and functions as may be prescribed by law of ordinance.
ARTICLE 101. Powers, Duties, and Functions of the Sangguniang Barangay. — (a) The sangguniang barangay, as the legislative body of the barangay, shall:
(1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein;
(2) Enact tax and revenue ordinances, subject to the limitations imposed in the Code;
(3) Enact annual and supplemental budgets in accordance with the provisions of these Rules;
(4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose;
(5) Submit to the sangguniang panlungsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof;
(6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents;
(7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds with the jurisdiction of the barangay and charge reasonable fees for the use thereof;
(8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, landowners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals provided that monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund;
(9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents provided that in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes;
(10) Provide compensation, reasonable allowances, or per diem as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of the Code provided that no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase;
(11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay provided that in the appropriation thereof, the specific purpose for which such fund-raising activity has been shall be first satisfied and provided further, that no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite and provided finally, that said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was undertaken;
(12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of the Code;
(13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One Thousand Pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay;
In the exercise of this power, the sangguniang barangay shall observe the applicable guidelines on government procurement of supplies issued by COA.
(14) Prescribe fines in amounts not exceeding One Thousand Pesos (P1,000.00) for violation of barangay ordinances;
(15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo;
(16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary;
(17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government;
(18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;
(19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age;
(20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency;
(21) Initiate the establishment of a barangay high school, whenever feasible, in accordance with law;
(22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports;
(23) Provide for the delivery of basic services; and
(24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
ARTICLE 102. Presiding Officer. — (a) The vice governor shall be the presiding officer of the sangguniang panlalawigan; the city vice mayor, of the sangguniang panlungsod; the municipal vice mayor, of the sangguniang bayan; and the punong barangay, of the sangguniang barangay.
(b) The presiding officer shall vote only to break a tie.
(c) In the event of the inability of the regular presiding officer to preside at a sanggunian session, the members present and constituting a quorum shall elect from among themselves a temporary presiding officer. He shall certify within ten (10) days from the passage of ordinances enacted and resolutions adopted by the sanggunian in the session over which he temporarily presided.
ARTICLE 103. Internal Rules of Procedure. — (a) On the first regular session following the election of its members and within ninety (90) days thereafter, the sanggunian concerned shall adopt or update its existing rules of procedure.
(b) The rules of procedure shall provide for the following:
(1) The organization of the sanggunian and the election of its officers, as well as the creation of standing committees which shall include among others, the committees on appropriations, women and family, human rights, youth and sports development, environmental protection, and cooperatives; the general jurisdiction of each committee; and the election of the chairman and members of each committee provided the sectoral representatives shall automatically chair the committee corresponding to their sectoral group. The president of the local chapters of the liga ng mga barangay in provincial, city, or municipal level shall likewise automatically chair the committee on barangay affairs or its equivalent.
(2) The order and calendar of business for each session;
(3) The legislative process;
(4) The parliamentary procedures which include the conduct of members during the sessions;
(5) The discipline of members for disorderly behavior and absences without justifiable causes for four (4) consecutive sessions, for which they may be censured, reprimanded, or excluded from the session, suspended for not more than sixty (60) days, or expelled provided that the penalty of suspension or expulsion shall require the concurrence of at least two-thirds (2/3) vote of all the sanggunian members and provided further that a member convicted by final judgment to imprisonment of at least one (1) year for any crime involving moral turpitude shall be automatically expelled from the sanggunian; and
(6) Such other rules as the sanggunian may adopt.
ARTICLE 104. Full Disclosure of Financial and Business Interests of Sanggunian Members. — (a) Every sanggunian members shall, upon assumption to office, make a full disclosure of his business and financial interests. He shall also disclose any business, financial, or professional relationship or any relation by affinity or consanguinity within the fourth civil degree, which he may have with any person, firm, or entity affected by any ordinance or resolution under consideration by the sanggunian of which he is a member, which relationship may result in conflict of interest. Such relationship shall include:
(1) Ownership of stock, capital, or investment in the entity or firm to which the ordinance or resolution may relate; and
(2) Contracts or agreements with any person or entity which the ordinance or resolution under consideration may effect.
In the absence of a specific constitutional or statutory provision applicable to this situation, conflict of interest refers in general to one where it may be reasonably deduced that a member of a sanggunian may not act in the public interest due to some private, pecuniary, or other personal considerations that may tend to affect his judgment to the prejudice to the service of the public.
(b) The disclosure required under this Rule shall be made in writing and submitted to the secretary of the sanggunian or the secretary of the committee of which he is a member. The disclosure shall, in all cases, form part of the record of the proceedings and shall be made in the following manner:
(1) Disclosure shall be made before the member participates in the deliberations on the ordinance or resolution under consideration provided that if the member did not participate during the deliberations, the disclosure shall be made before voting on the ordinance or resolution on second and third readings; and
(2) Disclosure shall be made when a member takes a position or makes a privilege speech on a matter that may affect the business interest, financial connection, or professional relationship described in this Article.
ARTICLE 105. Sessions. — (a) The sessions of the sanggunian may either be regular or special.
(1) Regular sessions — On the first day of the session immediately following the election of its members, the sanggunian shall, by resolution, fix the day, time, and place of its regular sessions. The minimum number of regular sessions shall be once a week for the sangguniang panlungsod, and sangguniang bayan, and twice a month for the sangguniang barangay.
(2) Special sessions —
(i) When public interest so demands, special sessions may be called by the local chief executive or by a majority of the members of the sanggunian.
(ii) A written notice to the sanggunian members stating the date, time and purpose of the meeting shall be served personally or left with a member of his household at his usual place of residence at least twenty-four (24) hours before the special session is held.
(iii) Unless otherwise agrees upon by two-thirds (2/3) vote of the members present, there being a quorum, no other matter may be considered at a special session except those stated in the notice.
(b) All sanggunian sessions shall be open to the public unless a closed door session is ordered by an affirmative vote of a majority of the members present, there being a quorum, in the public interest or for reasons of security, decency, or morality. No two (2) sessions, whether regular or special, may be held in a single day.
(c) Each sanggunian shall keep a journal and record of its proceedings which may be published upon resolution of the sanggunian concerned.
ARTICLE 106. Quorum. — (a) A majority of all the members of the sanggunian who have been elected and qualified shall constitute a quorum to transact official business.
(b) Should a question of quorum be raised during a session, the presiding officer shall immediately proceed to call the roll of the members and thereafter announce the results.
(c) Where there is no quorum, the presiding officer may declare a recess until such time as a quorum is constituted, or a majority of the members present may adjourn from day to day and may compel the immediate attendance of any member absent without justifiable cause by designating a member of the sanggunian, to be assisted by a member or members of the police force assigned in the territorial jurisdiction of the LGU concerned, to arrest the absent member and present him at the session.
(d) If there is still no quorum despite the enforcement of the immediately preceding subsection, no business shall be transacted. The presiding officer, upon proper motion duly approved by the members present, shall then declare the session adjourned for lack of quorum.
ARTICLE 107. Ordinances and Resolutions. — The following rules shall govern the enactment of ordinances and resolutions:
(a) Legislative actions of a general and permanent character shall be enacted in the form of ordinances, while those which are of temporary character shall be passed in the form of resolutions. Matters relating to proprietary functions and to private concerns shall also be acted upon by resolution.
(b) Proposed ordinances and resolutions shall be in writing and shall contain an assigned number, a title or caption, an enacting or ordaining clause, and the date of its proposed effectivity. In addition, every proposed ordinance shall be accompanied by a brief explanatory note containing the justification for its approval. It shall be signed by the author or authors and submitted to the secretary to the sanggunian who shall report the same to the sanggunian at its next meeting.
(c) A resolution shall be enacted in the same manner prescribed for an ordinance, except that it need not go through a third reading for its final consideration unless decided otherwise by a majority of all the sanggunian members.
(d) No ordinance or resolution shall be considered on second reading in any regular meeting unless it has been reported out by the proper committee to which it was referred or certified as urgent by the local chief executive.
(e) Any legislative matter duly certified by the local chief executive as urgent, whether or not it is included in the calendar of business, may be presented and considered by the body at the same meeting without need of suspending the rules.
(f) The secretary to the sanggunian of the province, city or municipality shall prepare copies of the proposed ordinance or resolution in the form it was passed on second reading, and shall distribute to each sanggunian member a copy thereof, except that a measure certified by the local chief executive concerned as urgent may be submitted for final voting immediately after debate or amendment during the second reading.
(g) No ordinance or resolution passed by the sanggunian in a regular or special session duly called for the purpose shall be valid unless approved by a majority of the members present, there being a quorum. Any ordinance or resolution authorizing or directing the payment of money or creating liability, shall require the affirmative vote of a majority of all the sanggunian members for its passage.
(h) Upon the passage of all ordinances and resolutions directing the payment of money or creating liability, and at the request of any member, of any resolution or motion, the sanggunian shall record the ayes and nays. Each approved ordinance or resolution shall be stamped with the seal of the sanggunian and recorded in a book kept for the purpose.
ARTICLE 108. Approval of Ordinances. — (a) Every ordinance enacted by the sanggunian shall be present to the local chief executive. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members thereby making the ordinance or resolution effective for all legal intents and purposes.
(b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.
(c) Ordinances enacted by the sangguniang barangay shall, upon approval by a majority of all its members, be signed by the punong barangay.
ARTICLE 109. Veto Power of the Local Chief Executive. — (a) The local chief executive may veto any ordinance of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefore in writing.
(b) The local chief executive, except the punong barangay shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner as provided in the immediately preceding Article; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.
(c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.
ARTICLE 110. Review of Component City and Municipal Ordinances or Resolutions by the Sangguniang Panlalawigan. — (a) Within (3) days after approval, the secretary to the sangguniang panlungsod or sangguniang bayan shall transmit to the sangguniang panlalawigan for review, copies of approved ordinances and resolutions approving and adopting the local development plans and public investment programs formulated by the local development councils.
(b) Within thirty (30) days after receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from the receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations which may be considered by the sangguniang panlalawigan in making its decision.
(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken.
(d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with the law and, therefore, valid.
ARTICLE 111. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. — (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances.
(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.
(c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.
ARTICLE 112. Enforcement of Ordinances or Resolutions After Disapproval by Reviewing Authority. — Any attempt to enforce any disapproved ordinance or resolution adopting the local development plan and public investment program. After disapproval by the local chief executive or by the reviewing authority shall be sufficient ground for the suspension or dismissal of the official or employee concerned.
ARTICLE 113. Effectivity of Ordinances and Resolutions. — Unless otherwise stated in the ordinance or resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous places in the LGU concerned.
ARTICLE 114. Posting and Publication of Ordinance with Penal Sanctions. — (a) Ordinances with penal sanctions shall be posted at conspicuous places in the provincial capitol, or city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the LGU concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.
(b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action.
(c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Official Gazette within seven (7) days following the approval of said ordinance for publication. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.
RULE XVIII
Appointive Local Officials
ARTICLE 115. Appointive Provincial Officials. — (a) The mandatory appointive provincial officials are as follows:
(1) secretary to the sangguniang panlalawigan;
(2) provincial treasurer;
(3) provincial assessor;
(4) provincial accountant;
(5) provincial budget officer;
(6) provincial planning and development coordinator;
(7) provincial engineer;
(8) provincial health officer;
(9) provincial administrator;
(10) provincial legal officer;
(11) provincial agriculturist;
(12) provincial social welfare and development officer;
(13) provincial veterinarian; and
(14) provincial general services officer.
(b) In addition thereto, the governor may appoint the following officials:
(1) provincial environment and natural resources officer;
(2) provincial architect;
(3) provincial information officer;
(4) provincial cooperatives officer; and
(5) provincial population officer.
The appointment of provincial population officer shall be optional in the province provided that provinces which have existing population offices shall continue to maintain such offices for a period of five (5) years from the date of the effectivity of the Code after which, said offices shall become optional.
ARTICLE 116. Appointive City Officials. — (a) The mandatory appointive city officials are as follows:
(1) secretary to the sangguniang panlungsod;
(2) city treasurer;
(3) city assessor;
(4) city accountant;
(5) city budget officer;
(6) city planning and development coordinator;
(7) city engineer;
(8) city health officer;
(9) city civil registrar;
(10) city administrator;
(11) city legal officer;
(12) city veterinarian;
(13) city social welfare and development officer; and
(14) city general services officer.
(b) In addition thereto, the city mayor may appoint the following officials:
(1) city architect;
(2) city information officer;
(3) city agriculturist;
(4) city population officer;
(5) city environment and natural resources officer; and
(6) city cooperatives officer.
The appointment of city population officer shall be optional in the city provided that cities which have existing population offices shall continue to maintain such offices for a period of five (5) years from the date of the effectivity of the Code after which, said offices shall become optional.
ARTICLE 117. Appointive Municipal Officials. — (a) The mandatory appointive municipal officials are as follows:
(1) secretary to the sangguniang bayan;
(2) municipal treasurer;
(3) municipal assessor;
(4) municipal accountant;
(5) municipal budget officer;
(6) municipal planning and development coordinator;
(7) municipal engineer/building official;
(8) municipal health officer; and
(9) municipal civil registrar.
(b) In addition thereto, the municipal mayor may appoint the following officials:
(1) municipal administrator;
(2) municipal legal officer;
(3) municipal agriculturist;
(4) municipal environment and natural resources officer,
(5) municipal social welfare and development officer;
(6) municipal architect; and
(7) municipal information officer.
ARTICLE 118. Appointive Barangay Officials. — (a) The mandatory appointive barangay officials are as follows:
(1) barangay secretary; and
(2) barangay treasurer.
ARTICLE 119. Appointment of Appointive Local Officials. — (a) Unless otherwise provided in this Rule, heads of offices and departments in the LGUs shall be appointed by the local chief executive concerned with the concurrence of a majority of all the members of the sanggunian, subject to civil service laws, rules and regulations.
(b) The sanggunian concerned shall act on the appointment within fifteen (15) days from the date of its submission; otherwise, the same shall be deemed confirmed.
(c) The term of office of the local administrator, local legal officer, and local information officer is coterminous with that of their appointing authority.
ARTICLE 120. Other Local Government Offices. — The sanggunian may:
(a) Maintain existing offices not mentioned in this Rule;
(b) Create such other offices as may be necessary to carry out the purposes of the LGU; or
(c) Consolidate the functions of any office with those of another in the interest of efficiency and economy.
ARTICLE 121. Residency Requirement. — The requirement for an appointive local official to be a resident of the LGU concerned shall be construed to mean as actual residence in the locality for at least six (6) months immediately preceding his appointment.
ARTICLE 122. Qualifications, Powers, and Duties of Appointive Local Officials. —
(a) The secretary to the sanggunian. —
(1) The secretary to the sanggunian shall be a career official with rank and salary equal to a head of office or department.
(2) No person shall be appointed secretary to the sanggunian unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree, preferably in law, commerce, or public administration from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent.
(3) The secretary to the sanggunian shall take charge of the office of the secretary to the sanggunian and shall:
(i) Attend meetings of the sanggunian and keep a journal of its proceedings;
(ii) Keep the seal of the LGU and affix the same with his signature to all ordinances, resolutions, and other official acts of the sanggunian and present the same to the presiding officer for his signature;
(iii) Forward to the governor or mayor, as the case may be, for approval, copies of ordinances enacted by the sanggunian and duly certified by the presiding officer;
(iv) Transmit to the sangguniang panlungsod or sangguniang bayan concerned, in the case of the sangguniang barangay, and to the sangguniang panlalawigan concerned, in the case of the sangguniang panlungsod of component cities or sangguniang bayan, copies of duly approved ordinances;
(v) Furnish, upon request of any interested party, certified copies of records of public character in his custody, upon payment to the local treasurer of such fees as may be prescribed by ordinance;
(vi) Record in a book kept for the purpose, all ordinances and resolutions enacted or adopted by the sanggunian, with the dates of passage and publication thereof;
(vii) Keep his office and all non-confidential records therein open to the public during the usual business hours;
(viii) Translate into the dialect used by a majority of the inhabitants all ordinances and resolutions immediately after their approval, and cause the publication thereof, together with the original version in the manner provided in Rule XVII of these Rules;
(ix) Take custody of the local archives and, where applicable, the local library and annually account for the same; and
(x) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance relative to his position.
(xi) In the case of the barangay secretary, he shall keep custody of all records of the sangguniang barangay and the barangay assembly meetings; prepare and keep the minutes of all meetings of the sangguniang barangay and the barangay assembly; prepare a list of members of the barangay assembly, and have the same posted in conspicuous places within the barangay; assist in the preparation of all necessary forms for the conduct of barangay elections, initiatives, referenda or plebiscites, in coordination with the COMELEC; assist the municipal civil registrar in the registration of births, deaths, and marriages; keep an updated record of all inhabitants of the barangay containing the following items of information: name, address, place and date of birth, sex, civil status, citizenship, occupation, and such other items of information as may be prescribed by law or ordinance; submit a report on the actual number of barangay residents as often as may be required by the sangguniang barangay; and exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(b) The Treasurer —
(1) The provincial, city, and municipal treasurers shall be appointed by the Secretary of Finance from a list of at least three (3) ranking eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations.
(2) No person shall be appointed treasurer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree, preferably in commerce, public administration or law from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in treasury or accounting service for at least five (5) years in the case of the provincial or city treasurer, and three (3) years in the case of the municipal treasurer.
(3) The treasurer shall be under the administrative supervision of the governor or mayor, as the case may be, to whom he shall report regularly on the tax collection efforts in the LGU.
(4) The treasurer shall take charge of the treasury office, perform the duties provided under Book II of the Code, and shall:
(i) Advise the governor or mayor, as the case may be, the sanggunian, and other local and national government officials concerned regarding disposition of local government funds, and on such other matters relative to public finance;
(ii) Take custody of, and exercise proper management of the funds of the LGU concerned;
(iii) Take charge of the disbursement of all and such other funds the custody of which may be entrusted to him by law or other competent authority;
(iv) Inspect private commercial and industrial establishments within the jurisdiction of the LGU concerned in relation to the implementation of tax ordinances, pursuant to the provisions under Book II of the Code;
(v) Maintain and update the tax information system of the LGU;
(vi) In the case of the provincial treasurer, exercise technical supervision over all treasury offices of component cities and municipalities; and
(vii) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(viii) In the case of the barangay treasurer, he shall keep custody of barangay funds and properties; collect and issue official receipts for taxes, fees, contributions, monies, materials, and all other resources accruing to the barangay treasury and deposit the same in the account of the barangay as provided under Title Five, Book II of the Code; disburse funds in accordance with the financial procedures provided in the Code; submit to the punong barangay a statement covering the actual and estimates of income and expenditures for the preceding and ensuing calendar years, respectively, subject to the provisions of Title Five, Book II of the Code; render a written accounting report of all barangay funds and property under his custody at the end of each calendar year, and ensure that such report shall be made available to the members of the barangay assembly and other government agencies concerned; certify as to the availability of funds whenever necessary; plan and attend to the rural postal circuit within his jurisdiction; and exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(5) An assistant treasurer may be appointed by the Secretary of Finance from a list of at least three (3) ranking, eligible recommendees of the governor or mayor, as the case may be, subject to civil service law, rules and regulations.
No person shall be appointed assistant treasurer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in commerce, public administration, or law from a recognized college or university, and a holder of first grade civil service eligibility or its equivalent. He must have acquired at least five (5) years experience in the treasury or accounting service in the case of the provincial or city assistant treasurer, and three (3) years in the case of the municipal assistant treasurer.
The assistant treasurer shall assist the treasurer and perform such duties as the latter may assign to him. He shall have authority to administer oaths concerning notices and notifications to those delinquent in the payment of the real property tax and concerning official matters relating to the accounts of the treasurer or otherwise arising in the offices of the treasurer and the assessor.
The position of assistant treasurer, while considered optional under the code, shall be maintained by the LGU concerned if occupied by a person holding a permanent appointment.
(c) The Assessor —
(1) No person shall be appointed assessor unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any other related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in real property assessment work or in any related field for at least five (5) years in the case of the provincial or city assessor, and three (3) years in the case of the municipal assessor.
(2) The assessor shall take charge of the assessor's office, perform the duties provided under Book II of the Code, and shall:
(i) Ensure that all laws and policies governing the appraisal and assessment of real properties for taxation purposes are properly executed;
(ii) Initiate, review, and recommend changes in policies and objectives, plans and programs, techniques, procedures, and practices in the valuation and assessment of real properties for taxation purposes;
(iii) Establish a systematic method of real property assessment;
(iv) Install and maintain a real property identification and accounting system;
(v) Prepare, install, and maintain a system of tax mapping, showing graphically all property subject to assessment and gather all data concerning the same;
(vi) Conduct frequent physical surveys to verify and determine as to whether or not all real properties within the province are properly listed in the assessment rolls;
(vii) Exercise the functions of appraisal and assessment primarily for taxation purposes of all real properties in the LGU concerned;
(viii) Prepare a schedule of fair market values for the different classes of real properties, in accordance with Title Two, Book II of the Code;
(ix) Issue, upon request of any interested party, certified copies of assessment records of real property and all other records relative to its assessment, upon payment of a service charge or fee to the treasurer;
(x) Submit every semester a report of all assessments, as well as cancellations and modifications of assessments, to the local chief executive and the sanggunian concerned;
(xi) In the case of the assessor of a component city or municipality, attend personally or through an authorized representative all sessions of the local board of assessment appeals whenever his assessment is the subject of the appeal, and present or submit any information or record in his possession as may be required by the said board;
(xii) In the case of the provincial assessor, exercise technical supervision and visitorial functions over all component city and municipal assessors, coordinate with component city or municipal assessors in the conduct of tax mapping operations and all other assessment activities, and provide all forms of assistance therefore. Upon full provision by the competent city or municipality concerned for its assessor's office of the minimum personnel, equipment, and funding requirements as may be prescribed by the Secretary of Finance, such functions shall be delegated to the city or municipal assessor; and
(xiii) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(3) All incumbent assessors holding permanent appointment shall continue in office without need of further appointment. The local chief executive may exercise his power to appoint the assessor only when vacancy occurs.
(4) An assistant assessor may be appointed by the local chief executive, subject to civil service law, rules, and regulations. No person shall be appointed assistant assessor unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in civil or mechanical engineering, commerce, or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in assessment or in any related field for at least three (3) years in the case of the provincial or city assistant assessor, and one (1) year in the case of the municipal assistant assessor.
The assistant assessor shall assist the assessor and perform such other duties as the latter may assign to him. He shall have the authority to administer oaths on all declarations of real property for purposes of assessment.
All incumbent assistant assessors holding permanent appointments shall continue in office without need of further appointment. The local chief executive may exercise his power to appoint the assistant assessor only when vacancy occurs.
(d) The Accountant —
(1) No person shall be appointed accountant unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a certified public accountant. He must have acquired experience in the treasury or accounting service for at least five (5) years in the case of the provincial of city accountant, and three (3) years in the case of the municipal accountant.
(2) The accountant shall take charge of both the accounting and internal audit services of the LGU concerned and shall:
(i) Install and maintain an internal audit system in the LGU concerned;
(ii) Prepare and submit financial statements to the governor or mayor, as the case may be, and to the sanggunian concerned;
(iii) Apprise the sanggunian and other local government officials on the financial condition and operations of the LGU concerned;
(iv) Certify to the availability of budgetary allotment to which expenditures and obligations may be properly charged;
(v) Review supporting documents before preparation of vouchers to determine completeness requirements;
(vi) Prepare statements of cash advances, liquidation, salaries, allowances, reimbursements and remittances pertaining to the LGU;
(vii) Prepare statements of journal vouchers and liquidation of the same and other adjustments related thereto;
(viii) Post individual disbursements to the subsidiary ledger and index cards;
(ix) Maintain individual ledgers for officials and employees of the LGU pertaining to payrolls and deductions;
(x) Record and post in index cards details of purchased furniture, fixtures, and equipment, including disposal thereof; if any;
(xi) Account for all issued requests for obligations and maintain and keep all records and reports related thereto;
(xii) Prepare journals and the analysis of obligations and maintain and keep all records and reports related thereto; and
(xiii) Exercise such other powers and perform such other duties and functions as may be provided by law or ordinance.
(3) The incumbent chief accountant in the office of the treasurer shall be given preference in the appointment to the position of accountant, subject to civil service law, rules and regulations.
(e) The Budget Officer —
(1) No person shall be appointed budget officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in accounting, economics, public administration, or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in government budgeting or in any related field for at least five (5) years in the case of the provincial or city budget officer, and at least three (3) years in the case of the municipal budget officer.
(2) The budget officer shall take charge of the budget office and shall:
(i) Prepare forms, orders, and circulars embodying instructions on budgetary and appropriation matters for the signature of the governor or mayor, as the case may be;
(ii) Review and consolidate the budget proposals of different offices and departments of the LGU;
(iii) Assist the governor or mayor, as the case may be, in the preparation of the budget and during budget hearings;
(iv) Study and evaluate budgetary implications of proposed legislation and submit comments and recommendations thereon;
(v) Submit periodic budgetary reports to DBM;
(vi) Coordinate with the treasurer, accountant, and the planning and development coordinator for the purpose of budgeting;
(vii) Assist the sanggunian concerned in reviewing the approved budgets of component LGUs;
(viii) Coordinate with the planning and development coordinator in the formulation of the development plan of the LGU; and
(ix) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(3) The appropriations for personal services of the budget officer provided under the budget of the DBM shall, upon effectivity of the Code, be transferred to the LGU concerned. Thereafter, the appropriations for personal services of the budget officer shall be provided in full in the budget of the LGU.
(f) The Planning and Development Coordinator —
(1) No person shall be appointed planning and development coordinator unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in urban planning, development studies, economics, public administration, or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in development planning or in any related field for at least five (5) years in the case of the provincial or city planning and development coordinator, and three (3) years in the case of the municipal planning and development coordinator.
(2) The planning and development coordinator shall take charge of the planning and development office and shall:
(i) Formulate integrated economic, social, physical, and other development plans and policies for consideration of the local government development council;
(ii) Conduct continuing studies, researches, and training programs necessary to evolve plans and programs for implementation;
(iii) Integrate and coordinate all sectoral plans and studies undertaken by the different functional groups or agencies;
(iv) Monitor and evaluate the implementation of the different development programs, projects, and activities in the LGU concerned in accordance with the approved development plan;
(v) Prepare comprehensive plans and other development planning documents for the consideration of the LDC;
(vi) Analyze the income and expenditure patterns, and formulate and recommend fiscal plans and policies for consideration of the finance committee of the LGU concerned as provided under Title Five, Book II of the Code;
(vii) Promote people participation in development planning within the LGU concerned;
(ix) Exercise such other powers and perform such other functions and duties as may be prescribed by law or ordinance.
(g) The Engineer —
(1) No person shall be appointed engineer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a licensed civil engineer. He must have acquired experience in the practice of his profession for at least five (5) years in the case of the provincial or city engineer, and three (3) years in the case of the municipal engineer.
(2) The engineer shall take charge of the engineering office and shall:
(i) Initiate, review and recommend changes in policies and objectives, plans and programs, techniques, procedures and practices in infrastructure development and public works in general of the LGU concerned;
(ii) Advise the governor or mayor, as the case may be, on infrastructure, public works, and other engineering matters;
(iii) Administer, coordinate, supervise, and control the construction, maintenance, improvement, and repair of roads, bridges, and other engineering and public works projects of the LGU concerned;
(iv) Provide engineering services to the LGU concerned, including investigation and survey, engineering designs, feasibility studies, and project management;
(v) In the case of the provincial engineer, exercise technical supervision over all engineering offices of component cities and municipalities; and
(vi) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(h) The Health Officer —
(1) No person shall be appointed health officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a licensed medical practitioner. He must have acquired experience in the practice of his profession for at least five (5) years in the case of the provincial or city health officer, and three (3) years in the case of the municipal health officer.
(2) The health officer shall take charge of the office on health and shall:
(i) Take charge of the office on health services, supervise the personnel and staff of said office, formulate program implementation guidelines and rules and regulations for the operation of the said office for the approval of the governor or mayor, as the case may be, in order to assist him in the efficient, effective, and economical implementation of a health services program geared to implementation of health-related projects and activities;
(ii) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out activities to ensure the delivery of basic services and provision of adequate facilities relative to health services provided in Rule V of these Rules;
(iii) Develop plans and strategies on health programs and projects, and implement them upon approval thereof by the governor or mayor as the case may be;
(iv) Formulate and implement policies, plans, programs and projects to promote the health of the people in the LGU concerned;
(v) Advise the governor or mayor, as the case may be, and the sanggunian on matters pertaining to health;
(vi) Execute and enforce all laws, ordinances, and regulations relating to public health;
(vii) Recommend to the sanggunian, through the local health board, the passage of such ordinances as he may deem necessary for the preservation of public health;
(viii) Recommend the prosecution of any violation of sanitary laws, ordinances, or regulations;
(ix) Direct the sanitary inspectors to inspect all business establishments selling food items or providing accommodations such as hotels, motels, lodging houses, pension houses, and the like, in accordance with the Sanitation Code;
(x) Conduct health information campaigns and render health intelligence services;
(xi) Coordinate with other government agencies and NGO's involved in the promotion and delivery of health services;
(xii) In the case of the provincial health officer, exercise general supervision over health officers of competent cities and municipalities;
(xiii) Be in the frontline of the delivery of health services, particularly during and in the aftermath of man-made and natural disasters and calamities; and
(xiv) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(i) The Civil Registrar —
(1) No person shall be appointed civil registrar unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in civil registry work for at least five (5) years in the case of the city civil registrar and three (3) years in the case of the municipal civil registrar.
(2) The civil registrar shall be responsible for the civil registration program in the LGU concerned, pursuant to the Civil Registry Law, the Civil Code, and other pertinent laws, rules and regulations issued to implement them.
(3) The Civil Registrar shall take charge of the office of the civil registry and shall:
(i) Develop plans and strategies on civil registry programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(ii) Accept all registrable documents and judicial decrees affecting the civil status of persons;
(iii) File, keep, and preserve in a secure place the books required by law;
(iv) Transcribe and enter immediately upon receipt all registrable documents and judicial decrees affecting the civil status of persons in the appropriate civil registry books;
(v) Transmit to the Office of the Civil Registrar-General, within the prescribed period, duplicate copies of registered documents required by law;
(vi) Issue certified transcripts or copies of any certificate or registered documents upon payment of the prescribed fees to the treasurer;
(vii) Receive applications for the issuance of a marriage license and, after determining that the requirements and supporting certificates and publication thereof for the prescribed period have been complied with, issue the license upon payment of the authorized fee to the treasurer;
(viii) Coordinate with the NSO in conducting educational campaigns for vital registration and assist in the preparation of demographic and other statistics for the LGU concerned; and
(j) The Administrator —
(1) No person shall be appointed administrator unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in public administration, law, or any other related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in management and administration work for at least five (5) years in the case of the provincial or city administrator, and three (3) years in the case of the municipal administrator.
(2) The administrator shall take charge of the office of the administrator and shall:
(i) Develop plans and strategies on management and programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(ii) Assist in coordinating the work of all the officials of the LGU under the supervision, direction, and control of the governor or mayor, and for this purpose, he may convene the chiefs of offices and other officials of the LGU;
(iii) Establish and maintain a sound personnel program for the LGU designed to promote career development and uphold the merit principle in the local government service;
(iv) Conduct a continuing organizational development of the LGU with the end in view of instituting effective administrative reforms;
(v) Be in the frontline of the delivery of administrative support services, particularly those related to situations during and in the aftermath of man-made and natural disasters and calamities;
(vi) Recommend to the sanggunian and advise the governor and mayor, as the case may be, on all other matters relative to the management and administration of the LGU; and
(k) The Legal Officer —
(1) No person shall be appointed legal officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a member of the Philippine Bar. He must have practiced his profession for at least five (5) years in the case of the provincial or city legal officer, and three (3) years in the case of the municipal legal officer.
(2) The legal officer, as chief legal counsel of the LGU, shall take charge of the office of legal services and shall:
(i) Formulate measures for the consideration of the sanggunian and provide legal assistance and support to the governor or mayor, as the case may be, in carrying out the delivery of basic services and provisions of adequate facilities as provided in Rule V of these Rules;
(ii) Develop plans and strategies on programs and projects related to legal services and implement upon approval thereof by the governor or mayor, as the case may be;
(iii) Represent the LGU in all civil actions and special proceedings wherein the LGU or any official thereof, in his official capacity, is a party; provided that, in actions or proceedings where a component city or municipality is a party adverse to the provincial government or to another component city or municipality, a special legal officer may be employed to represent the adverse party;
(iv) When required by the governor, mayor, or sanggunian, draft ordinances, contracts, bonds, leases, and other instruments involving any interest of the LGU; and provide comments and recommendations on any instruments already drawn;
(v) Render his opinion in writing on any question of law when requested to do so by the governor, mayor, or sanggunian;
(vi) Investigate or cause to be investigated any local official or employee for administrative neglect or misconduct in office, and recommend appropriate action to the governor, mayor, or sanggunian, as the case may be;
(vii) Investigate or cause to be investigated any person, firm, or corporation holding any franchise or exercising any public privilege for failure to comply with any term or condition in the grant of such franchise or privilege, and recommend appropriate action to the governor, mayor, or sanggunian, as the case may be;
(viii) When directed by the governor, mayor, or sanggunian, initiate and prosecute in the interest of the LGU concerned any civil action on any bond, lease, or other contract upon any breach or violation thereof;
(ix) Review and submit recommendations on ordinances approved and executive orders issued by component LGUs;
(x) Recommend measures to the sanggunian and advise the governor or mayor, as the case may be, on all other matters related to upholding the rule of law;
(xi) Be in the frontline of protecting human rights and prosecuting any violations thereof, particularly those which occur during and in the aftermath of man-made or natural disasters or calamities; and
(xii) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(l) The Agriculturist —
(1) No person shall be appointed agriculturist unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree in agriculture or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have practiced his profession in agriculture or acquired experience in a related field for at least five (5) years in the case of the provincial and city agriculturist, and three (3) years in the case of the municipal agriculturist.
(2) The agriculturist shall take charge of the office for agricultural services, and shall:
(i) Formulate measures for the approval of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out said measures to ensure the delivery of basic services and provision of adequate facilities relative to agricultural services as provided in Rule V of these Rules;
(ii) Develop plans and strategies on agricultural programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Ensure that maximum assistance and access to resources in the production, processing and marketing of agricultural and aquacultural and marine products are extended to farmers, fishermen and local entrepreneurs;
(iv) Conduct or cause to be conducted location-specific agricultural researches and assist in making available the appropriate technology arising out of, and disseminate information on, basic research on crops, prevention and control of plant diseases and pests, and other agricultural matters which will maximize productivity;
(v) Assist the governor or mayor, as the case may be, in the establishment and extension services of demonstration farms or aquaculture and marine products;
(vi) Enforce rules and regulations relating to agriculture and aquaculture;
(vii) Coordinate with NGAs and NGOs which promote agricultural productivity through appropriate technology compatible with environmental integrity;
(viii) Be in the frontline of delivery of basic agricultural services, particularly those needed for the survival of the inhabitants during and in the aftermath of man-made and natural disasters;
(ix) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other matters related to agriculture and aquaculture which will improve the livelihood and living conditions of the inhabitants; and
(x) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(m) The Social Welfare and Development Officer —
(1) No person shall be appointed social welfare and development officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a duly licensed social worker or a holder of a college degree preferably in sociology or any other related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in the practice of social work for at least five (5) years in the case of the provincial or city social welfare and development officer, and three (3) years in the case of the municipal social welfare and development officer.
(2) The social welfare and development officer shall take charge of the office on social welfare and development services and shall:
(i) Formulate measures for the approval of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to social welfare and development services as provided in Rule V of these Rules;
(ii) Develop plans and strategies on social welfare programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Identify the basic needs of the needy, the disadvantaged and the impoverished and develop and implement appropriate measures to alleviate their problems and improve their living conditions;
(iv) Provide relief and appropriate crisis intervention for victims of abuse and exploitation and recommend appropriate measures to deter further abuse and exploitation;
(v) Assist the governor or mayor, as the case may be, in implementing the barangay program for the total development and protection of children up to six (6) years of age;
(vi) Facilitate the implementation of welfare programs for the disabled, the elderly, and victims of drug addiction, the rehabilitation of prisoners and parolees, the prevention of juvenile delinquency and such other activities which would eliminate or minimize the ill-effects of poverty;
(vii) Initiate and support youth welfare programs that will enhance the role of the youth in nation-building;
(viii) Coordinate with government agencies and NGOs which have for their purpose the promotion and protection of all needy, disadvantaged, underprivileged or impoverished groups or individuals, particularly those identified to be vulnerable and high-risk to exploitation, abuse and neglect;
(ix) Be in the frontline of service delivery, particularly those concerning immediate relief and assistance during and in the aftermath of man-made and natural disaster and calamities;
(x) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other matters related to social welfare and development services which will improve the livelihood and living conditions of the inhabitants; and
(xi) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(n) The Environment and Natural Resources Officer —
(1) No person shall be appointed environment and natural resources officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree preferably in environment, forestry, agriculture or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in environmental and natural resources management, conservation, and utilization, for at least five (5) years in the case of the provincial or city environment and natural resources officer, and three (3) years in the case of the municipal environment and natural resources officer.
(2) The environment and natural resources officer shall take charge of the office on environment and natural resources and shall:
(i) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services as provided in Rule V of these Rules;
(ii) Develop plans and strategies on environment and natural resources programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts and similar forest projects and commercial forest, like industrial tree farms and agro-forestry projects;
(iv) Provide extension services to beneficiaries of forest development projects and technical, financial and infrastructure assistance;
(v) Manage and maintain seed banks and produce seedlings for forests and tree parks;
(vi) Provide extension services to beneficiaries of forest development projects and render assistance to natural resources-related conservation and utilization activities consistent with ecological balance;
(vii) Promote small-scale mining and utilization of mineral resources, particularly mining of gold;
(viii) Coordinate with government agencies and NGOs in the implementation of measures to prevent and control land, air, and water pollution with the assistance of the DENR;
(ix) Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural calamities and disasters;
(x) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology, and other matters related to the environment and natural resources; and
(o) The Architect —
(1) No person shall be appointed architect unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a duly licensed architect. He must have practiced his profession for at least five (5) years in the case of the provincial or city architect, and three (3) years in the case of the municipal architect.
(2) The architect shall take charge of the office on architectural planning and design and shall:
(i) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to architectural planning and design as provided in Rule V of these Rules;
(ii) Develop plans and strategies on architectural planning and design programs and projects and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Prepare and recommend for consideration of the sanggunian the architectural plan and design for the LGU or a part thereof, including the renewal of slums and blighted areas, land reclamation activities, the greening of land, and appropriate planning of marine and foreshore areas;
(iv) Review and recommend for appropriate action of the sanggunian, governor or mayor, as the case may be, the architectural plans and design submitted by governmental and non-governmental entities or individuals, particularly those for undeveloped, underdeveloped, and poorly-designed areas;
(v) Coordinate with government and non-government entities and individuals involved in the aesthetics and the maximum utilization of land and water within the jurisdiction of the LGU, compatible with environmental integrity and ecological balance;
(vi) Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural calamities and disasters;
(vii) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other matters relative to the architectural planning and design as it relates to the total socioeconomic development of the LGU; and
(viii) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance.
(p) The Information Officer —
(1) No person shall be appointed information officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree, preferably in journalism, mass communication or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have experience in writing articles and research papers, or in writing for print, television or broadcast media of at least three (3) years in the case of the provincial or city information officer, and at least one (1) year in the case of municipal information officer.
(2) The information officer shall take charge of the office on public information and shall:
(i) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in providing information and research data required for the delivery of basic services and provision of adequate facilities so that the public becomes aware of said services and may fully avail of the same;
(ii) Develop plans and strategies on programs and projects related to public information and, implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Provide relevant, adequate, and timely information to the LGU and its residents;
(iv) Furnish information and data on LGUs to NGAs, as may be required by law or ordinance, including those on NGOs;
(v) Maintain effective liaison with various sectors of the community on matters and issues that affect the livelihood and the quality of life of the inhabitants and encourage support for programs of the local and national government;
(vi) Be in the frontline in providing information during and in the aftermath of man-made and natural calamities and disasters, with special attention to the victims thereof, to help minimize injuries and casualties during and after the emergency, and to accelerate relief and rehabilitation;
(vii) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all matters relative to public information and research data as it relates to the total socioeconomic development of the LGU; and
(q) The Cooperatives Officer —
(1) No person shall be appointed cooperatives officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree, preferably in business administration with special training in cooperatives or any related course from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have experience in cooperatives organization and management of at least five (5) years in the case of the provincial or city cooperatives officer, and three (3) years in the case of the provincial or city cooperatives officer, and three (3) years in the case of municipal cooperatives officer.
(2) The cooperatives officer shall take charge of the office for the development of cooperatives and shall:
(i) Formulate measures for consideration of the sanggunian, and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of facilities through the development of cooperatives, and providing access to such services and facilities;
(ii) Develop plans and strategies on cooperatives programs and projects and, implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Assist in the organization of cooperatives;
(iv) Provide technical and other forms of assistance to existing cooperatives to enhance their viability as an economic enterprise and social organization;
(v) Assist cooperatives in establishing linkages with NGAs and NGOs involved in the promotion and integration of the concept of cooperatives in the livelihood of the people and other community activities;
(vi) Be in the frontline of cooperatives organization, rehabilitation or viability-enhancement, particularly during and in the aftermath of man-made and natural calamities and disasters, to aid in their survival and, if necessary, subsequent rehabilitation;
(vii) Recommend to the sanggunian, and advise the governor or mayor, as the case may be, on all other matters relative to cooperatives development and viability-enhancement which will improve the livelihood and quality of life of the inhabitants; and
(r) The Population Officer —
(1) No person shall be appointed population officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree with specialized training in population development from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have experience in the implementation of programs on population development or responsible parenthood for at least five (5) years in the case of the provincial or city population officer and three (3) years in the case of the municipal population officer.
(2) The population officer shall take charge of the office on population development and shall:
(i) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to the integration of population development principles and in providing access to said services and facilities;
(ii) Develop plans and strategies and upon approval thereof by the governor or mayor, as the case may be, implement the same, particularly those concerning the integration of population development principles and methods in programs and projects which the governor or mayor is empowered to implement and which the sanggunian is empowered to provide under the Code;
(iii) Assist the governor or mayor, as the case may be, in the implementation of the constitutional provisions relative to population development and the promotion of responsible parenthood;
(iv) Establish and maintain an updated data bank for program operations, development, planning and an educational program to ensure the people's participation in and understanding of population development;
(v) Implement appropriate training programs responsive to the cultural heritage of the inhabitants; and
(s) The Veterinarian —
(1) No person shall be appointed veterinarian unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, and a licensed doctor of veterinary medicine. He must have practised his profession for at least three (3) years in the case of provincial or city veterinarian and at least one (1) year in the case of the municipal veterinarian.
(2) The veterinarian shall take charge of the office for veterinary services and shall:
(i) Formulate measures for consideration of the sanggunian, and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities pursuant to Rule V of these Rules;
(ii) Develop plans and strategies on veterinary-related activities and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Advise the governor or mayor, as the case may be, on all matters pertaining to the slaughter of animals for human consumption and the regulation of slaughterhouses;
(iv) Regulate the keeping of domestic animals;
(v) Regulate and inspect poultry, milk and dairy products for public consumption;
(vi) Enforce all laws and regulations for the prevention of cruelty to animals;
(vii) Take necessary measures to eradicate, prevent, or cure all forms of animal diseases;
(viii) Be in the frontline of veterinary related activities, such as is in the outbreak of highly-contagious and deadly diseases, and in situations resulting in the depletion of animals for work and human consumption, particularly those arising from the aftermath of man-made and natural calamities and disasters;
(ix) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other matters relative to veterinary services which will increase the number and improve the quality of livestock, poultry and other domestic animals used for work or human consumption; and
(t) The General Services Officer —
(1) No person shall be appointed general services officer unless he is a citizen of the Philippines, a resident of the LGU concerned, of good moral character, a holder of a college degree on public administration, business administration and management from a recognized college or university, and a holder of a first grade civil service eligibility or its equivalent. He must have acquired experience in general services, including management of supply, property, solid waste disposal, and general services officer, of at least five (5) years in the case of the provincial or city general services officer, and at least three (3) years in the case of the municipal general services officer.
(2) The general services officer shall take charge of the office on general services and shall:
(i) Formulate measures for the consideration of the sanggunian and provide technical assistance and support to the governor or mayor, as the case may be, in carrying out measures to ensure the delivery of basic services and provision of adequate facilities pursuant to Rule V of these Rules and which require general services expertise and technical support services;
(ii) Develop plans and strategies on general services supportive of the welfare of the inhabitants and implement them upon approval thereof by the governor or mayor, as the case may be;
(iii) Take custody of and be accountable for all properties, real or personal, owned by the LGU and those granted to it in the form of donation, reparation, assistance and counterpart of joint projects;
(iv) With the approval of the governor or mayor, as the case may be, assign building or land space to local officials or other public officials, who by law, are entitled to such space;
(v) Recommend to the governor or mayor, as the case may be, the reasonable rental rates for local government properties, whether real or personal, which will be leased to public or private entities by the LGU;
(vi) Recommend to the governor or mayor, as the case may be, reasonable rental rates of private properties which may be leased for the official use of the LGU;
(vii) Maintain and supervise janitorial, security, landscaping and other related services in all public buildings and other real property, whether owned or leased by the LGU;
(viii) Collate and disseminate information regarding prices, shipping, and other costs of supplies and other items commonly used by the LGU;
(ix) Perform archival and record management with respect to records of offices and departments of the LGU;
(x) Perform all other functions pertaining to supply and property management heretofore performed by the treasurer; and enforce policies on records creation, maintenance, and disposal;
(xi) Be in the frontline of general services related activities, such as the possible or imminent destruction or damage to records, supplies, properties, and structures and the orderly and sanitary clearing up of waste materials or debris, particularly during and in the aftermath of man-made and natural calamities and disasters;
(xii) Recommend to the sanggunian and advise the governor or mayor, as the case may be, on all other matters relative to general services; and
ARTICLE 123. Resignations. — Resignation of appointive local officials and employees must be in writing and shall be deemed effective upon acceptance by the local chief executive concerned. In the case of the provincial, city, and municipal treasurers, and their respective assistants, their resignations shall be deemed effective upon acceptance by the Secretary of Finance.
RULE XIX
ARTICLE 124. Grounds for Disciplinary Actions. — (a) An elective local official may be censured, reprimanded, suspended, or removed from office after due notice and hearing on any of the following grounds:
(1) Disloyalty to the Republic of the Philippines;
(2) Culpable violation of the Constitution;
(3) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty;
(4) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor which is from six (6) years and one (1) day to twelve (12) years imprisonment;
(5) Abuse of authority;
(6) Unauthorized absence for fifteen (15) consecutive working days, in the case of local chief executives and four (4) consecutive sessions in case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay;
(7) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and
(8) Such other grounds as may be provided by the Code; RA 6713; RA 3019; Administrative Code of 1987; the Revised Penal Code and all other applicable general and special laws.
(b) An elective local official may be removed from office on the grounds enumerated in paragraph (a) of this Article by order of the proper court or the disciplining authority whichever first acquires jurisdiction to the exclusion of the other.
ARTICLE 125. Form and Filing of Administrative Complaints. — A verified complaint against any erring elective local official shall be prepared and filed as follows:
(a) Against any elective official of a province, a highly-urbanized city, a component city, a municipality within MMA, an independent component city, before the Office of the President;
(b) Against any elective official of a municipality, before the sangguniang panlalawigan whose decision may be appealed to the Office of the President.
(c) Against any elective barangay official, before the sangguniang panlungsod or sangguniang bayan concerned whose decision shall be final and executory.
Copies of the complaints shall be furnished the office of the governor, in the case of component cities and municipalities, and in all cases, the DILG.
ARTICLE 126. Hearings. — (a) Within seven (7) days after the administrative complaint is filed, the Office of the President or the sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within fifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after receipt of such answer of the respondent.
(1) Unreasonable failure of the respondent to file his verified answer within fifteen (15) days from receipt of the complaint shall be considered a waiver of his rights to present evidence in his behalf.
(2) Unreasonable failure to commence the investigation within the prescribed period by the person or persons assigned to investigate shall be a ground for disciplinary action.
(b) When the respondent is an elective official of a province or highly-urbanized city, such hearing and investigation shall be conducted in the place where he renders or holds office. For all other elective local officials, the venue shall be the place where the sanggunian concerned is located.
(c) No investigation shall be held within ninety (90) days immediately prior to any local elections, and no preventive suspension shall be imposed within the same period. If preventive suspension has been imposed prior to the 90-day period immediately preceding local elections, it shall be deemed automatically lifted upon the start of the said period.
ARTICLE 127. Preventive Suspension. — (a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective official of a province, a highly-urbanized city, an independent component city or a municipality within MMA;
(2) By the governor, if the respondent is an elective official of a component city or municipality;
(3) By the mayor, if the respondent is an elective official of the barangay.
(b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and evidence.
(c) Any single preventive suspension of an elective local official shall not extend beyond sixty (60) days.
(d) In the event that several administrative cases are filed against an elective local official, he cannot be placed under preventive suspension for more than ninety (90) days within a single year on the same ground or grounds existing and known at the time of the first suspension.
(e) Upon expiration of the preventive suspension, the suspended elective local official shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he was formally notified of the case against him. If the delay in the proceedings of the case is due to his fault, neglect, or request, other than the appeal duly filed, the duration of such delay shall be counted in computing the time of termination of the case.
(f) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.
ARTICLE 128. Salary of Respondent Pending Suspension. — The respondent elective local official who is under preventive suspension shall receive no salary or compensation during such suspension. Upon subsequent exoneration and reinstatement, however, he shall be paid his full salary or compensation including other emoluments accruing during his suspension.
ARTICLE 129. Rights of Respondent. — The respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to require the attendance of witnesses and the production of documentary evidence in his favor through the compulsory process of subpoena or subpoena duces tecum.
ARTICLE 130. Investigation and Decision. — (a) The investigation of the case shall be terminated within ninety (90) days from the start thereof. Unreasonable failure to complete the investigation after same period of ninety (90) days by the person or persons assigned to investigate shall be a ground for disciplinary action.
(b) Within thirty (30) days after the end of the investigation, the Office of the President or the sanggunian concerned shall render a written decision stating clearly and distinctly the facts and reasons for such decision. Copies of decision shall be immediately furnished the respondent and all interested parties. In case of failure of the sanggunian concerned to render a decision on the resolution recommended on the investigation within thirty (30) days after the end of the investigation, the recommended resolution shall be considered the decision.
(c) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets the qualifications required for the office.
(d) The penalty of removal from office shall be considered a bar to the candidacy of the respondent for any elective position.
ARTICLE 131. Administrative Appeals. — Decisions in administrative cases may, within thirty (30) days from receipt thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod of component cities and the sangguniang bayan; and
(b) The Office of the President, in the case of decisions of the sangguniang panlalawigan, the sangguniang panlungsod of highly-urbanized cities and independent component cities, and the sangguniang bayan of municipalities within MMA.
Decisions of the Office of the President shall be final and executory.
(c) If no appeal is made within thirty (30) days from receipt of the decision, the decision shall become final and executory.
ARTICLE 132. Execution Pending Appeal. — An appeal shall not prevent a decision from becoming final or executory. The respondent shall be considered as having been placed under preventive suspension during the pendency of an appeal. In the event the appeal results in an exoneration, he shall be paid his salary and such other emoluments accruing during the pendency of the appeal.
RULE XX
Local Initiative and Referendum
ARTICLE 133. Local Initiative Defined. — Local initiative is the legal process whereby the registered voters of an LGU may directly propose, enact, or amend any ordinance through an election called for the purpose.
ARTICLE 134. Who may Exercise. — The power of initiative may be exercised by all the registered voters of provinces, cities, municipalities, or barangays, and metropolitan political subdivisions as may be created by law.
ARTICLE 135. Procedure in Local Initiative. — (a) The exercise of the power of initiative shall commence with the filing of a petition with the sanggunian concerned.
(b) Not less than one thousand (1,000) registered voters in case of provinces and cities; one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the sanggunian concerned proposing the adoption, enactment, repeal, or amendment of an ordinance.
(c) If no favorable action thereon is taken by the sanggunian concerned within thirty (30) days from the presentation of the petition, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the sanggunian concerned.
ARTICLE 136. Petition. — A petition is a written instrument containing the proposition and the required number of signatories in the form to be prescribed by the COMELEC.
A petition shall state the following:
(a) Contents or text of the proposed ordinance sought to be enacted, approved or rejected, amended or repealed, as the case may be;
(b) The proposition;
(c) The reasons therefore;
(d) That it is not one of the limitations provided in Article 150 of this Rule;
(e) Signatures of the petitioners or registered voters;
(f) A formal designation of their duly authorized representatives;
(g) An abstract or summary proposition in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.
ARTICLE 137. The Proposition. — (a) The proposition is the measure proposed by the voters.
(b) The proposition shall be numbered serially starting from Roman Numeral I.
(c) Two (2) or more propositions may be submitted in an initiative.
(d) The COMELEC or its designated representative shall extend assistance in the formulation of the proposition.
ARTICLE 138. Copies of Petition and Notice. — (a) If the subject of the initiative is a provincial ordinance, the proponents shall furnish the provincial election supervisor sufficient number of copies of the petition and notice for distribution to the election registrars in the province.
(b) If the subject is a city ordinance, the proponents shall furnish the election registrar sufficient number of copies of the petition and notice for distribution to the barangays within the city.
(c) If the subject is a municipal ordinance, the proponents shall furnish the provincial election registrar sufficient number of copies of the petition and notice for distribution to the barangays in the municipality.
(d) If the subject is a barangay ordinance, the proponents shall furnish the provincial election registrar sufficient number of copies of the petition and notice.
(e) The proponents shall likewise furnish copies of the petition and notice to the COMELEC in Manila, through its executive director and its Election Records and Statistics Department.
ARTICLE 139. Posting. — Upon receipt of the petition and notice, all election officers concerned shall cause copies thereof to be posted conspicuously in public places in the LGU concerned, together with a notice of the dates of signing in accordance with the following article.
ARTICLE 140. Schedule of Signing of Petition. — Upon receipt of the notice and petition, the election officer in the LGU concerned shall schedule the signing of the petition in the LGU.
The collection of signatures shall commence on the first Saturday and Sunday following receipt thereof, and every Saturday and Sunday thereafter for a period of ninety (90) days for provinces and cities, sixty (60) days for municipalities, and thirty (30) days for barangays.
Signing may also be done on weekdays in the office of the proper election registrar.
ARTICLE 141. Signature Stations. — Stations for collecting signatures may be established in as many places as may be warranted and as far as practicable, in public school buildings nearest the residence of the voters. For this purpose, the election registrar may cluster existing precincts into signature stations at a ratio of one (1) signature station for every ten (10) precincts.
Each signature station shall be under the supervision of a public school teacher designated by the election registrar.
ARTICLE 142. Procedure for Signing of Petition. — On any of the days scheduled for the signing of the petition, any registered voter in an LGU concerned, may assign the petition. The petition shall be signed before the election registrar, or his designated representatives, in the presence of a representative of the proponent and a representative of the sanggunian concerned, in a public place in the LGU concerned.
The signatures of the voters shall be affixed on the form prescribed by the COMELEC. Each voter shall affix his signature over his printed name and address. All illiterate or disabled voter, who is currently registered as such, shall be assisted by a person of his confidence. The election registrar shall have custody of all the forms used during the signing.
ARTICLE 143. Verification of Signatures. — The election registrar or his representative shall , during the period of signing, verify the genuineness and authenticity of the signatures by referring to the book of voters, voter's affidavits and voters' identification cards used in the immediately preceding election. The election registrar shall cancel any signature on the ground that it is forged or falsified, or that the signatory is not a registered voter, or that the signature of the voter appears more than once in the same or other forms. The determination by the election registrar of the genuineness and authenticity of the signatures shall be final.
ARTICLE 144. Certification of Number of Registered Voters. — Upon receipt of a copy of the notice referred to in Article 139 of this Rule, the Election Records and Statistics Department of the COMELEC shall certify to the total number of registered voters in the constituency to which the initiative pertains, and immediately, send the certification to the highest local election officer of the LGUs affected. For initiatives on local laws before the 1992 general elections, the said Election Records and Statistics Department shall, wherever proper, use as basis the registration records for the January 18, 1988 local elections. Thereafter, the basis shall be the registration records of the general and local elections immediately preceding the initiative.
Upon receipt of the certification from the Election Records and Statistics Department, the regional election directors, provincial election supervisor, or election registrar, as the case may be, shall post a copy of the certification on the bulletin board of his office.
ARTICLE 145. Number of Signatures Required. — (a) A local initiative affecting an ordinance passed by the sanggunian of a province or a city is deemed validly initiated if the petition therefore is signed by at least ten percent (10%) of the registered voters in the province or city, of which every legislative district must be represented by at least three percent (3%) of the registered voters therein. If the province or city is composed of only one legislative district, at least each municipality in the province or each barangay in a city must be represented by at least three percent (3%) of the registered voters therein.
(b) An initiative on municipal ordinance shall be deemed validly initiated if the petition therefore is signed by at least ten percent (10%) of the registered voters in the municipality, of which every barangay must be represented by at least three percent (3%) of the registered voters therein.
(c) An initiative on a barangay ordinance is deemed validly initiated if signed by at least ten percent (10%) of the registered voters in said barangay.
ARTICLE 146. Determination of Percentage and Certification, and Action by the COMELEC. — Upon the lapse of the period for collecting signatures, the COMELEC, through its office in the LGU concerned, shall determine and certify whether or not the required number of signatures has been obtained. Failure to obtain the required number defeats the proposition. Within fifteen (15) days from receipt of the certification, the COMELEC shall act on the findings of sufficiency or insufficiency of the petition for initiative.
ARTICLE 147. Call for Initiative by the COMELEC. — If the required number of signatures is obtained, the COMELEC shall set a date for the initiative during which the proposition shall be submitted to the registered voters in the LGU concerned for their approval within sixty (60) days from the date of certification by the COMELEC in case of provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the COMELEC.
ARTICLE 148. Effectivity of Local Propositions. — If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the COMELEC as if affirmative action thereon had been made by the local chief executive and the sanggunian concerned.
If the proposition fails to obtain the required number of votes, the proposition is considered defeated.
ARTICLE 149. Limitations on Local Initiative. — (a) The power of local initiative shall not be exercised more than once a year.
(b) An initiative shall extend only to subjects or matters which are within the legal powers of the sanggunians to enact.
(c) If at any time before the initiative is held, the sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled. Those against such action may, if they so desire, apply for initiative in the manner provided in this Rule.
ARTICLE 150. Local Referendum Defined. — Local referendum is the legal process whereby the registered voters of LGUs may approve, amend, or reject any ordinance enacted by the sanggunian through an election held for the purpose.
ARTICLE 151. Procedure in Local Referendum. — (a) Any sanggunian may submit to the registered voters of any province, city, municipality, and barangay for approval or rejection any ordinance or resolution duly enacted or approved by said sanggunian.
(b) The local referendum shall be held under the control and direction of the COMELEC within sixty (60) days in the case of a province or a city, forty-five (45) days in case of a municipality, and thirty (30) days in case of a barangay. The COMELEC shall certify and proclaim the results of the said referendum.
(c) The manner of securing the required number of signatures and other requisites for local referendum shall be the same as those for local initiative.
ARTICLE 152. Limitations Upon Sanggunian. — Any proposition or ordinance approved through the system of initiative and referendum shall not be repealed, modified or amended by the sanggunian concerned within six (6) months from the date of approval thereof. Such proposition or ordinance may, however, be amended, modified or repealed by the sanggunian three (3) years thereafter by a vote of three-fourths (3/4) of all its members provided that in case of barangays, the period shall be eighteen (18) months after the approval thereof.
ARTICLE 153. Authority of Courts. — Nothing in this Rule shall prevent or preclude the proper courts from declaring null and void any proposition or ordinance approved in accordance with this Rule for violation of the Constitution or want of capacity of the sanggunian concerned to enact the said measure.
RULE XXI
ARTICLE 154. By Whom Exercised. — The power of recall for loss of confidence shall be exercised by the registered voters of an LGU to which the elective local official subject to such recall belongs.
ARTICLE 155. Who May Be Recalled. — Any elective provincial, city, municipal or barangay official may be recalled for loss of confidence in the manner prescribed in this rule provided that no recall may be instituted against said elective local official who has been the subject of a previous recall election held during the same term of office.
ARTICLE 156. Preparatory Recall Assembly. — There shall be a preparatory recall assembly in every province, city, legislative district, and municipality which shall be composed of the following:
(1) Province — all mayors, vice-mayors and sanggunian members of component cities and municipalities;
(2) City — all punong barangay and sangguniang barangay members of the city;
(3) Legislative District — all elective barangay officials of the district; and
(4) Municipality — all punong barangay and sangguniang barangay members of the municipality.
ARTICLE 157. Recall Procedures. — (a) Recall may be initiated by the preparatory recall assembly or by the registered voters of the LGU to which the elective local official subject to such recall belongs.
(b) Recall of any elective provincial, city, municipal or barangay official may also be validly initiated upon petition of at least twenty-five percent (25%) of the total number of registered voters in an LGU concerned during the election in which the elective local official sought to be recalled was elected.
(c) A majority of all the preparatory recall assembly members may convene in session in a public place and initiate a recall proceeding against any elective local official in the LGU concerned. Recall of provincial, city or municipal officials shall be validly initiated through a resolution adopted by a majority of all the members of the preparatory recall assembly concerned during its session called for the purpose.
(d) A written petition for recall duly signed before the election registrar or his representative, and in the presence of a representative of the petitioner and a representative of the official sought to be recalled, and in a public place in the province, city, municipality or barangay, as the case may be, shall be filed with the COMELEC through its office in the LGU concerned. The COMELEC or its duly authorized representative shall cause the publication of the petition in a public and conspicuous place for a period of not less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticity and genuineness of the petition and the required percentage of voters.
(e) Upon the lapse of the period for publication of the petition, the COMELEC or its duly authorized representative shall announce the acceptance of candidates to the position and thereafter prepare the list of candidates which shall include the name of the official sought to be recalled.
ARTICLE 158. Election on Recall. — Upon filing of a valid resolution or petition for recall with the appropriate local office of the COMELEC, the COMELEC or its duly authorized representative shall set the date of the election on recall, which shall not be later than thirty (30) days after the filing of the resolution or petition for recall in the case of the elective barangay, city or municipal officials, and forty-five (45) days in the case of provincial officials. The official or officials sought to be recalled shall automatically be considered as duly registered candidate or candidates to the pertinent positions and, like other candidates, shall be entitled to be voted upon.
ARTICLE 159. Effectivity. — The recall of an elective local official shall be effective only upon the election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall. Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.
ARTICLE 160. Prohibition from Resignation. — The elective local official sought to be recalled shall not be allowed to resign while the recall process is in progress.
ARTICLE 161. Limitations. — Any elective local official may be the subject of a recall election only once during his term of office for loss of confidence. No recall shall take place within one (1) year from the date of the official's assumption to office or one (1) year immediately preceding a regular local election.
ARTICLE 162. Expenses Incident to Recall Election. — All expenses incidental to recall elections shall be borne by the COMELEC. For this purpose, there shall be included in the annual General Appropriations Act a contingency fund at the disposal of the COMELEC for the conduct of recall elections.
RULE XXII
Human Resource Management and Development
ARTICLE 163. Organizational Structure and Staffing Pattern. — Every LGU shall design and implement its own organizational structure and staffing pattern taking into consideration its priority needs, service requirements, and financial capabilities consistent with the principles on simplicity, efficiency, economy, effectiveness, dynamism, and public accountability, subject to the minimum standards and guidelines prescribed therefore by CSC.
ARTICLE 164. Responsibility for Human Resource Management and Development; Applicable Laws. — (a) An LGU may reorganize through the sanggunian its present organizational structure or alter its present staffing pattern in accordance with laws pertinent to government reorganization and implementing rules and regulations issued thereunder.
(b) The local chief executive shall be responsible for human resource management and development in his LGU and shall take all personnel actions in accordance with the constitutional provisions on civil service, pertinent laws, rules and regulations, including such policies, guidelines, and standards as CSC may prescribe. For this purposes, the local chief executive may avail of the services of the Local Government Academy and other learning institutions.
(c) The presiding officer of the sanggunian shall, where applicable, be responsible for human resource management and development and shall take all personnel actions in accordance with civil service law, rules and regulations.
(d) The local chief executive may employ emergency or casual employees or laborers paid on a daily wage or piecework basis and hired through job orders for local projects authorized by the sanggunian concerned, without need of approval or attestation by CSC provided that the period of employment of emergency or casual laborers shall not exceed six (6) months.
ARTICLE 165. Recruitment and Selection. — Opportunity for employment in an LGU shall be open to all qualified candidates. Utmost effort shall be exerted to attract the best qualified to enter the local government service. Employees shall be selected on the basis of merit and fitness.
ARTICLE 166. Personnel Selection Board. — (a) There shall be established in every province, city or municipality a personnel selection board to assist the local chief executive or, where applicable, the presiding officer of the sanggunian, in the judicious and objective selection of personnel for employment as well as for promotion.
(b) The personnel selection board shall be composed of the local chief executive or his duly authorized representative as chairman, and members to be determined by resolution of the sanggunian concerned in accordance with pertinent civil service law, rules and regulations. A representative of CSC, if any, and the local human resource management officer or his equivalent in the LGU concerned, shall be ex officio members of the board.
(c) The personnel selection board shall formulate screening procedures and shall adopt criteria for evaluating candidates for employment or promotion in the first and second levels of the local government career service.
(d) The personnel selection board shall formulate screening policies on employee welfare in accordance with civil service law, rules and regulations.
ARTICLE 167. Public Notice of Vacancy. — Whenever a local chief executive decides to fill a vacant career position, notices of vacancy shall be posted in at least three (3) conspicuous public places for a period of not less than fifteen (15) days and published once in a newspaper of general circulation in the LGU concerned.
ARTICLE 168. Appointments. — (a) Appointments to positions in LGUs, except those classified by law or competent authority as policy determining, primarily confidential, or highly technical in nature, shall be made only according to merit and fitness to be determined, as far as practicable, by competitive examinations.
(b) The local chief executive concerned or, where applicable, the presiding officer of the sanggunian shall be the appointing authority of all officials and employees paid wholly or partially out of local government funds except as otherwise provided by law or these Rules.
(c) Appointments to the career service shall either be permanent or temporary:
(1) A permanent appointment shall be issued to a person who meets all the requirements for the position to which he is appointed, including the appropriate eligibility prescribed by law or regulations.
(2) In the absence of a qualified civil service eligible and whenever public interest so requires to fill a vacancy, a temporary appointment shall be issued to a person who meets all the requirements for the position to which he is being appointed except the possession of the appropriate civil service eligibility. Such temporary appointment shall not exceed twelve (12) months but may be terminated sooner if a qualified eligible becomes available.
(d) A contractual appointment shall be issued only under the following circumstances or conditions:
(1) The proposed appointee undertakes a specific work or project to be completed within a limited period not to exceed one (1) year;
(2) The proposed appointee has a special or technical skill not available in the employing LGU;
(3) The proposed appointee performs or accomplishes his work under his own responsibility with minimum direction and supervision from the hiring LGU.
(4) In the case of aliens, a contractual appointment may be extended only if it can be shown that there is no Filipino expert available within the region as certified by the appointing authority.
(5) Due to the temporary nature of contractual appointment, the high quality of expertise desired, the difficulty of recruitment, or the time constraint for the completion of the assigned tasks, personnel hired on a contractual basis may be paid a higher compensation than that given to employees occupying similar positions or performing substantially the same duties and responsibilities but not more than the ceiling fixed by the appropriate authority; and
(6) At least two (2) copies of a duly accomplished Position Description Form shall be forwarded to the appropriate NGA before the employment contract is finalized. A certification stating the reason for resorting to contractual employment shall also be submitted.
(e) All appointments shall be made in such form, content and supporting documentation as CSC may prescribe.
(f) Except as otherwise provided by law, appointments shall be submitted to CSC for attestation within thirty (30) days from the date of issuance thereof; otherwise said appointments shall become ineffective after the lapse of thirty (30) days.
(g) Appointments of those who do not meet the appropriate eligibility and required qualifications shall not be made, except in cases allowed by civil service law, rules and regulations.
(h) An appointment issued in accordance with applicable laws, rules and regulations shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without awaiting the attestation of his appointment by CSC.
(i) The appointing authority shall be liable for the payment of the salary of the appointee for actual services rendered if the appointment is disapproved because the appointing authority issued it in willful violation of applicable laws, rules and regulations thereby making the appointment unlawful.
(j) No person shall be appointed in the local government career service if he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority.
ARTICLE 169. Promotions. — (a) Promotions in the local government career service shall be made in accordance with civil service law, rules and regulations.
(b) No promotion shall be made unless recommended by the personnel selection board.
ARTICLE 170. Compensation. — (a) Compensation of local officials and employees shall be determined by the sanggunian concerned, subject to the budgetary limitations on personal services provided in Rule XXXIV of these Rules and other applicable laws.
(b) Barangay elective officials shall receive honoraria, allowances and such other emoluments as may be authorized by law, or city, municipal or barangay ordinance, in accordance with the provisions of the Code, but in no case shall it be less than One Thousand Pesos (P1,000.00) per month for the punong barangay and Six Hundred Pesos (P600.00) per month for the sangguniang barangay members provided that the annual appropriations for personal services shall be subject to the budgetary limitations prescribed in Rule XXXIV of these Rules.
(c) No elective or appointive local official or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emoluments, office, or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double or indirect compensation.
ARTICLE 171. Working Hours and Attendance. — (a) All appointive local officials and employees are required to render not less than the official hours of work prescribed by law.
(b) When the interest of public service so requires, the local chief executive may extend the daily hours of work of any or all the officials or employees in his LGU, or require them to work on Saturdays, Sundays and Holidays. Overtime shall be paid for such additional hours rendered, subject to availability of funds and applicable laws.
(c) The local chief executive shall require a daily record of attendance of personnel under him to be kept in the proper forms prescribed by CSC. A record shall also be made for each day of all absences from duty of any local official or employee for any cause and the duration thereof; and
(d) Elective local officials need not be required to keep a daily record of attendance but their absences shall be properly recorded.
ARTICLE 172. Leave Privilege. — Elective local officials shall be entitled to the same leave privileges and such other leave privileges as the law may provide, subject to standards set by CSC, as those enjoyed by appointive local officials, including cumulation and commutation thereof, as follows:
(a) Vacation Leave. — After six (6) months of continuous and satisfactory service, officials and employees of an LGU shall be entitled to fifteen (15) days of vacation leave with full pay for each year of service. Such leave shall be computed exclusive of Saturdays, Sundays, and Holidays. Local government personnel shall be encouraged to take an annual five (5) days vacation leave if he has at least a total of ten (10) days vacation leave credits earned during the year.
(b) Sick Leave. — Officials and employees of an LGU shall also be entitled to fifteen (15) days sick leave with full pay for each year of service. Such leave shall be computed exclusive of Saturdays, Sundays, and Holidays.
(c) Maternity Leave. — In addition to vacation and sick leave privileges, a married woman in the service of an LGU shall be entitled to maternity leave of sixty (60) days with pay, subject to the following provisions:
(1) An official or employee shall be entitled to full pay if she has rendered two or more years of continuous service.
(2) An official or employee shall be entitled to one-half pay if she has rendered less than two (2) years of continuous service.
ARTICLE 173. Permission to Leave Station. — (a) All appointive local officials going on official travel shall apply and secure written permission from their respective local chief executives before departure. The application shall specify the reasons for such travel and the permission shall be given or withheld based on considerations of public interest, financial capability of the LGU concerned, and urgency of the travel. Should the local chief executive concerned fail to act on such application within four (4) working days from receipt thereof, it shall be deemed approved.
(b) Mayors of component cities and municipalities shall secure the permission of the governor concerned for any travel outside of the province.
(c) Local government officials traveling abroad shall notify their respective sanggunians provided that when the period of travel extends to more than three (3) months, during periods of emergency or crisis, or when the travel involves the use of public funds, permission from the Office of the President shall be secured.
(d) Field officers of NGAs assigned in provinces, cities, and municipalities shall not leave their official stations without giving prior written notice to the local chief executive concerned. Such notice shall state the duration of travel and the name of the officer whom he shall designate to act for and in his behalf during his absence.
ARTICLE 174. Grievances. — There shall be established in every LGU a grievance committee to inquire into, act upon, resolve, or settle complaints and grievances presented by local government employees.
ARTICLE 175. Statements of Assets and Liabilities. — (a) Officials and employees of LGUs except those who serve in an honorary capacity, laborers, and casual or temporary workers, shall file:
(1) sworn statements of assets, liabilities and net worth;
(2) lists of relatives within the fourth civil degree of consanguinity or affinity in government service;
(3) financial and business interests; and
(4) personal data sheets as required by law.
ARTICLE 176. Oath of Office. — All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form. The oath or affirmation of office shall be filed with the office of the local chief executive concerned. A copy of the oath or affirmation of office shall be preserved in the individual personal record file under the custody of the personnel office, division, or section, as the case may be, of the LGU concerned.
ARTICLE 177. Practice of Profession. — (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.
(b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours provided that sanggunian members who are also members of the Bar shall not:
(1) Appear as counsel before any court in any civil case wherein an LGU or any office, agency, or instrumentality of the government is the adverse party;
(2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;
(3) Collect any fee for their appearance in administrative proceedings involving the LGU of which he is an official; and
(4) Use property and personnel of the government except when the sanggunian member concerned in defending the interest of the government.
(c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency provided that the officials concerned do not derive monetary compensation therefrom.
ARTICLE 178. Partisan Political Activity. — (a) No local official or employee in the career service shall:
(1) Engage directly or indirectly in any partisan political activity;
(2) Take part in any election, initiative, referendum, plebiscite, or recall, except to vote;
(3) Use his official authority or influence to cause the performance of any political activity by any person or body.
(b) The local official or employee may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports.
(c) Elective local officials may take part in partisan political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code, as amended.
ARTICLE 179. Prohibited Business and Pecuniary Interest. — (a) It shall be unlawful for any local government official or employee whether directly or indirectly, to:
(1) Engage in any business transaction with the LGU in which he is an official or employee or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly of indirectly, out of the resources of LGU to such person or firm;
(2) Hold such interests in any cockpit or other games licensed by LGUs;
(3) Purchase any real estate or other property forfeited in favor of an LGU for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said LGU;
(4) Be a surety for any person contracting or doing business with an LGU for which a surety is required; and
(5) Possess or use any public property of an LGU for private purposes.
(b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided in RA 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees, and other laws, rules and regulations shall also be applicable to local government officials and employees.
ARTICLE 180. Penalty for Engaging in Prohibited Business Transactions or Possessing Illegal Pecuniary Interest. — Any local official and any person or persons dealing with him who violate the prohibitions provided under Article 180 of this Rule, shall be punished with imprisonment of not less than six (6) months and one (1) day but not exceeding six (6) years, or a fine of not less than Three Thousand Pesos (P3,000.00) but not more than Ten Thousand Pesos (P10,000.00), or both such imprisonment and fine, at the discretion of the court.
RULE XXIII
Local Special Bodies
ARTICLE 181. Local Special Bodies. — There shall be organized in the LGU concerned the following local special bodies:
(a) Local Development Councils;
(b) Local Prequalification, Bids and Awards Committees;
(c) Local School Boards;
(d) Local Health Boards;
(e) Local Peace and Order Councils; and
(f) People's Law Enforcement Boards.
ARTICLE 182. Local Development Councils. — Every LGU shall have a comprehensive multi-sectoral development plan to be initiated by the LDC concerned and approved by its sanggunian. For this purpose, the provincial, city, municipal, or barangay development council, shall assist the corresponding sanggunian in setting the direction of economic and social development, and coordinating development efforts within its territorial jurisdiction.
(a) Composition. —
(1) The provincial development council shall be headed by the governor and shall be composed of the following members:
(i) All mayors of component cities and municipalities;
(ii) The chairman of the committee on appropriations of the sangguniang panlalawigan;
(iii) The congressman or his representative; and
(iv) Representatives of NGOs operating in the province, who shall constitute not less than one-fourth (1/4) of the members of the fully organized council.
(2) The city or municipal development council shall be headed by the mayor and shall be composed of the following members:
(i) All punong barangays in the city or municipality;
(ii) The chairman of the committee on appropriations of the sangguniang panlungsod or sangguniang bayan concerned;
(iv) Representatives of NGOs operating in the city or municipality, as the case may be, who shall constitute not less than one-fourth (1/4) of the members of the fully organized council.
(3) The barangay development council shall be headed by the punong barangay and shall be composed of the following members:
(i) Members of the sangguniang barangay;
(ii) Representatives of NGOs operating in the barangay, who shall constitute not less than one fourth (1/4) of the members of the fully organized council.
(iii) A representative of the congressman.
(4) The LDC may call upon any local or national official in the LGU to assist in the formulation of the development plans and public investment programs of the said LGU.
(b) Representation of NGOs — Within a period of sixty (60) days from organization of LDCs, NGOs shall choose from among themselves their representatives to said LDCs. The sanggunian concerned shall accredit NGOs, subject to such criteria as provided in Rule XIII of these Rules.
(c) Reconstitution of LDCs — Upon effectivity of these Rules, all existing LDCs organized under EO 319, series of 1988, as amended, shall be reconstituted in accordance with this Rule.
(d) Functions of LDCs —
(1) The provincial, city, and municipal development councils shall perform the following functions:
(i) Formulate long-term, medium-term, and annual socioeconomic development plans and policies;
(ii) Formulate medium-term and annual public investment programs;
(iii) Evaluate and prioritize socioeconomic development programs and projects;
(iv) Formulate local investment incentives to promote the inflow and direction of private investment capital;
(v) Coordinate, monitor, and evaluate the implementation of development programs and projects; and
(vi) Perform such other functions as may be provided by law or component authority.
(2) The barangay development council shall perform the following functions:
(i) Mobilize people's participation in local development efforts;
(ii) Prepare barangay development plans based on local requirements;
(iii) Monitor and evaluate the implementation of national or local programs and projects; and
(iv) Perform such other functions as may be provided by law or component authority.
(e) Meetings — The LDCs shall meet at least once every six (6) months or as often as may be necessary.
(f) Executive Committee — The provincial, city, municipal, or barangay development council shall, by resolution and within three (3) months from the date of reorganization of the LDC, create an executive committee to represent and act in behalf of the LDC when it is not in session.
(1) Composition —
(i) The executive committee of the provincial development council shall be composed of the governor as chairman, the representative of the component city and municipal mayors to be chosen from among themselves, the chairman of the committee on appropriations of the sangguniang panlalawigan, the president of the provincial liga ng mga barangay, and a representative of NGOs that are represented in the LDC, as members.
(ii) The executive committee of the city or municipal development council shall be composed of the mayor as chairman, the chairman of the committee on appropriations of the sangguniang panlungsod or sangguniang bayan, the president of the city or municipal liga ng mga barangay, and a representative of NGOs that are represented in the LDC, as members.
(iii) The executive committee of the barangay development council shall be composed of the punong barangay as chairman, a representative of the sangguniang barangay to be chosen from among its members, and a representative of NGOs that are represented in the LDC, as members.
(2) Powers and Functions — The executive committee shall exercise and perform the following powers and functions:
(i) Ensure that the decisions of the LDC are faithfully carried out and implemented;
(ii) Act on matters that need immediate attention and action of the LDC;
(iii) Formulate policies, plans, and programs based on the objectives and priorities set by the LDC; and
(iv) Take final action on matters that may be authorized by the LDC except the approval of local development plans and annual investment plans.
(3) Meetings — The executive committee shall hold its meetings at least once a month. Special meetings may be called by the chairman or by a majority of its members.
(g) Sectoral and Functional Committees —
(1) The LDCs may form sectoral or functional committees to assist them in the performance of their functions.
(2) To ensure policy coordination and uniformity in operational directions, the sectoral and functional committees shall directly establish linkages with NGAs and such sectoral or functional committees organized by the government for development, investment and consultative purposes.
(3) Consistent with national policies and standards, the sectoral or functional committees shall:
(i) Provide the LDC with data and information essential to the formulation of plans, programs, and activities;
(ii) Define sectoral or functional objectives, set targets, and identify programs, projects, and activities for the particular sector or function;
(iii) Collate and analyze information and statistics and conduct related studies;
(iv) Conduct public hearings on vital issues affecting the sector or function;
(v) Coordinate planning, programming, and implementation of programs, projects, and activities within each sector;
(vi) Monitor and evaluate programs and projects; and
(vii) Perform such other functions as may be assigned by the LDC.
(h) Participation of LDC Members in Sectoral or Functional Committees — Each member of the LDC shall, as far as practicable, participate in at least one sectoral or functional committee.
(i) Secretariat — There shall be constituted for each LDC a secretariat responsible for providing technical and administrative support, documenting proceedings, preparing reports; and providing such other assistance as may be required by the LDC. The LDC may avail of the services of any NGO or educational or research institution for this purpose.
The secretariat of the provincial, city, and municipal development councils shall be headed by their respective local planning and development coordinators.
The secretariat of the barangay development council shall be headed by the barangay secretary who shall be assisted by the city or municipal planning and development coordinator concerned.
(j) Relation of LDCs to the Sanggunian and the Regional Development Council —
(1) The policies, programs, and projects proposed by the LDCs shall be submitted to the sanggunian concerned for appropriate action.
(2) The local development plan approved by the sanggunian shall be integrated into the development plan of the next higher LDC.
(3) Approved development plans of provinces, highly-urbanized cities, and independent component cities shall be submitted to the regional development council, which shall be integrated into the regional development plan for submission to NEDA, in accordance with applicable laws, rules and regulations.
(k) Local Development Planning Process — The DILG shall, in coordination and consultation with NEDA and the leagues of LGUs, formulate the operational guidelines of the local development planning process.
(l) Budget Information — The DBM shall furnish LDCs information on financial resources and budgetary allocations applicable to their respective jurisdictions to guide them in their planning functions.
ARTICLE 183. A Local Prequalification, Bids and Awards Committee. — (a) Creation and Composition — There shall be created in every province, city, and municipality a PBAC which shall be primarily responsible for the conduct of prequalification of contractors, bidding, evaluation of bids, and the recommendation of awards concerning local infrastructure projects. The governor, city or municipal mayor shall act as chairman with the following as members:
(1) The chairman of the appropriations committee of the sanggunian;
(2) A representative of the minority party in the sanggunian, if any, or if there be none, one (1) chosen by the sanggunian from among its members;
(3) The local treasurer;
(4) Two (2) representatives of NGOs that are represented in the LDC concerned, to be chosen by the organizations themselves; and
(5) Any practicing certified public accountant, from the private sector, to be designated by the local chapter of the Philippine Institute of Certified Public Accountants, if any.
Representatives of COA shall observe the proceedings of the PBAC and shall certify that the rules and procedure for prequalification, bids and awards have been complied with.
(b) Agenda and Meetings —
(1) The agenda and other information relevant to the meetings of the PBAC shall be deliberated upon by the committee at least one (1) week before the holding of such meetings.
(2) All meetings of the PBAC shall be held in the provincial capitol or the city or municipal hall. The minutes of such meetings of the committee and any decision made therein shall be duly recorded, posted at conspicuous places in the provincial capitol or the city or municipal hall, and delivered by the most expedient means to elective local officials concerned.
(c) Technical Committee —
(1) A technical committee shall be created in every province, city, and municipality to provide technical assistance to PBACs. It shall be composed of the local engineer, the local planning and development coordinator, and such other officials designated by the local PBAC.
(2) The chairman of the technical committee shall be designated by the local PBAC and shall attend its meetings in order to present the reports and recommendations of the said technical committee.
ARTICLE 184. Local School Boards. — (a) Creation and Composition — There shall be established in every province, city or municipality a provincial, city or municipal school board, respectively, in accordance with the following:
(1) The provincial school board shall be composed of the governor and the division superintendent of schools as co-chairmen; the chairman of the education committee of sangguniang panlalawigan, the provincial treasurer, the representative of the pederasyon ng mga sangguniang kabataan in the sangguniang panlalawigan, the duly elected president of the provincial federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the province, and the duly elected representative of the non-academic personnel of public schools in the province, as members;
(2) The city school board shall be composed of the city mayor and the city superintendent of schools as co-chairmen; the chairman of the committee on education of the sangguniang panlungsod, the city treasurer, the representative of pederasyon ng mga sangguniang kabataan in the sangguniang panlungsod, the duly elected president of the city federation of parents-teachers associations, the duly elected representative of the teachers' organizations in the city, and the duly elected representative of the non-academic personnel of public schools in the city, as members; and
(3) The municipal school board shall be composed of the municipal mayor and the district supervisor of schools as co-chairmen; the chairman of the committee on education of the sangguniang bayan, the municipal treasurer, the representative of the pederasyon ng mga sangguniang kabataan in the sangguniang bayan, the duly elected president of the municipal federation of parents-teachers associations, the duly elected representative of the teachers' organization in the municipality, and the duly elected representative of the non-academic personnel of public schools in the municipality, as members.
In the event that a province or city has two (2) or more school superintendents, and in the event that a municipality has two (2) or more district supervisors, the co-chairman of the local school board shall be determined as follows:
(i) The Department of Education, Culture and Sports (DECS) shall designate the co-chairman for the provincial and city school boards; and
(ii) The division superintendent of schools shall designate the district supervisor who shall serve as co-chairman of the municipal school board.
(b) Functions — The provincial, city or municipal school board shall:
(1) Determine, in accordance with the criteria set by DECS, the annual supplemental budgetary needs for the operation and maintenance of public schools within the province, city, or municipality, as the case may be, and the supplementary local cost of meeting such needs, which shall be reflected in the form of an annual school board budget corresponding to its share of the proceeds of the special levy on real property constituting the special education fund and such other sources of revenue as the Code and other laws or ordinances may provide;
(2) Authorize the provincial, city, or municipal treasurer, as the case may be, to disburse funds from the special education fund pursuant to the budget prepared in accordance with applicable existing rules and regulations;
(3) Serve as advisory committee to the sanggunian concerned on educational matters such as, but not limited to, the necessity for and the uses of local appropriations for educational purposes; and
(4) Recommend changes in the names of public schools within the territorial jurisdiction of the LGU for enactment by the sanggunian concerned.
(c) Consultation — The DECS shall consult the local school board on the appointment of division superintendents, district supervisors, school principals, and other school officials.
(d) Prohibition from Delegation — The performance of the duties and responsibilities of the officials mentioned in paragraph (a) of this Article in their respective local school boards shall not be delegated.
(e) Meetings and Quorum —
(1) The local school board shall meet at least once a month or as often as may be necessary.
(2) Any of the co-chairmen may call a meeting. A majority of all its members shall constitute a quorum. When both co-chairmen are present in a meeting, the local chief executive concerned, as a matter of protocol, shall be given preference to preside over the meeting.
(f) Budget — The division superintendent, city superintendent, or district supervisor, as the case may be, shall prepare the budget of the school board concerned. Such budget shall be supported by programs, projects and activities of the school board for the ensuing fiscal year. A majority of all the members shall be necessary to approve the budget.
The annual school board shall give priority to the following:
(1) Construction, repair and maintenance of school buildings and other facilities of public elementary and secondary schools;
(2) Establishment and maintenance of extension classes when necessary; and
(3) Holding of sports activities at the division, district, municipal, and barangay levels.
(g) Special Education Fund — The proceeds from the additional one percent (1%) tax on real property accruing to the Special Education Fund (SEF) shall be automatically released to the local school boards provided that in case of provinces, the proceeds shall be divided equally between the provincial and municipal school boards and provided further, that the proceeds shall be allocated in accordance with Article 327 of Rule XXXI of these Rules, as determined by the local school boards.
(h) Compensation and Remuneration —
The co-chairmen and members of the provincial, city, or municipal school board shall perform their duties as such without compensation or remuneration. Members thereof shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local school board concerned.
ARTICLE 185. Local Health Boards. — (a) Creation and Composition — There shall be established in every province, city, or municipality a local health board composed of the following:
(1) The provincial health board shall be headed by the governor as chairman, the provincial health officer as vice chairman, and the chairman of the committee on health of the sanggunian panlalawigan, a representative from the private sector or NGO involved in health services, and a representative of the DOH in the province, as members;
(2) The city health board shall be headed by the city mayor as chairman, the city health officer as vice chairman, and the chairman of the committee on health of the sangguniang panlungsod, a representative from the private sector or NGO involved in health services, and a representative of the DOH in the city, as members;
(3) The municipal health board shall be headed by the municipal mayor as chairman, the municipal health officer as vice chairman, and the chairman of the committee on health of the sangguniang bayan, a representative from the private sector or NGO involved in health services and a representative of the DOH in the municipality, as members.
(b) Functions — The provincial, city, and municipal health boards shall:
(1) Propose to the sanggunian concerned, in accordance with the standards and criteria set by DOH, annual budgetary allocations for the operation and maintenance of health facilities and services within the province, city, or municipality, as the case may be;
(2) Serve as an advisory committee to the sanggunian concerned on health matters such as, but not limited to, the necessity for, and application of local appropriations for public health purposes; and
(3) Create committees which shall advise, local health agencies on matters such as, but not limited to, technical and administrative standards of DOH, personnel selection and promotion, bids and awards, grievances and complaints, personnel discipline, budget review, operations review and similar functions.
(c) Meetings and Quorum —
(1) The board shall meet at least once a month or as often as may be necessary.
(2) A majority of the members of the board shall constitute a quorum, but the chairman or the vice chairman must be present during meetings where budgetary proposals are being prepared or considered. The affirmative vote of a majority of the members shall be necessary to approve such proposals.
(d) Compensation and Remuneration — The chairman, vice chairman, and members of the provincial, city, or municipal health boards shall perform their duties as such without compensation or remuneration. Members thereof who are not government officials or employees shall be entitled to necessary traveling expenses and allowances chargeable against the funds of the local health board concerned, subject to existing accounting and auditing rules and regulations.
(e) Direct supervision and control of DOH over local health operations — In cases of epidemics, pestilence, and other widespread public health dangers, the Secretary of Health may, upon the direction of the President and in consultation with the LGU concerned, temporarily assume direct supervision and control over health operations in any LGU for the duration of the emergency, but in no case exceeding a cumulative period of six (6) months. With the concurrence of the LGU concerned, the period for such direct national control and supervision may be further extended.
ARTICLE 186. Local Peace and Order Councils. — There shall be established in every province, city, and municipality a local peace and order council pursuant to EO No. 309, series of 1988, as amended (Annex C). The local peace and order councils shall have the same composition and functions as those prescribed by said executive order.
ARTICLE 187. People's Law Enforcement Boards. — There shall be established in the LGU concerned a people's law enforcement board (PLEB) pursuant to the pertinent provisions of RA 6975 (Annex D). The PLEBs shall have the same composition and functions as those prescribed by said law.
ARTICLE 188. Membership of NGOs. — Membership of NGOs in local special bodies shall be determined in accordance with Rule XIII of these Rules.
RULE XXIV
ARTICLE 189. Submission. — On or before March 31 of each year, every local chief executive shall submit an annual report to the sanggunian concerned on the socioeconomic, political and peace and order conditions, and other matters concerning the LGU, which shall cover the immediately preceding calendar year. A copy of the report shall be forwarded to DILG. Component cities and municipalities shall likewise provide the sangguniang panlalawigan concerned copies of their respective annual reports.
ARTICLE 190. Contents of the Report. — The annual report shall be comprehensive in scope and, as much as possible, be prepared in accordance with the following form and contents:
(a) Message — contains important local policies, programs, and activities of the LGU concerned; the status of their implementation; and other relevant information that affects the lives and welfare of its inhabitants. It may also contain information on what the populace may expect for the coming year or years. This portion of the report may be signed solely by the local chief executive or jointly with the sanggunian members concerned.
(b) Executive Summary — contains the significant results of local government operations of the year under review.
(c) Brief Description of the LGU — provides information on the LGU's socioeconomic and demographic profile; political and peace and order conditions; general and sectoral development objectives; physical framework plans; land use plans; and other related information.
(d) Organization and Management — identifies the offices and personnel of the LGU, including a description of their functions, duties, and responsibilities; and describes the role of each office and key personnel. For each office, the report of accomplishments shall be focused on the delivery of basic services and facilities. Physical accomplishments may be stated in terms of the number of people served, revenues collected, and kilometers of roads constructed or maintained. In all cases, physical results correspond with financial expenditures. These reports may include a comparative statement showing actual accomplishment versus target.
(e) Budget Performance and Financial Statements — report on the results of the budgetary and financial transactions of the LGU for the preceding year. Such data shall include an analysis of performance versus approved budget, disbursements, and cash balances; comparative data for the year preceding the year under review; revenue-expenditure pattern for three (3) to five (5) years; efficiency and effectiveness of the LGU in the delivery of basic services vis-a-vis budgetary expenditures on a sectoral and per capita basis; and financial statements duly certified by COA.
(f) Plans, Programs, and Accomplishment — describe in narrative and pictorial manner the major plans and programs of the LGU and its accomplishments during the year under review. Presentation is performance-oriented indicating types of services delivered and projects undertaken in the social or economic fields.
(g) Local Legislation — contains the report of the sanggunian in the exercise of its legislative powers such as budget approval, concurrence with the appointments made by the local chief executive, passage of significant ordinances and resolutions, and results of oversight and review functions.
(h) Plans and Programs for the Ensuing Year — describe the visions, directions, plans, and budgetary thrusts of the LGU for the coming year.
ARTICLE 191. Distribution and Evaluation of Reports. — (a) Two (2) copies of the annual reports shall be submitted to the central and regional offices of DILG which shall evaluate these annual reports and use the same for the development and recommendation of integrated and comprehensive technical assistance packages for LGUs.
(b) Component cities and municipalities shall likewise submit to the sangguniang panlalawigan copies of their annual reports. Submission shall be done formally in a sanggunian session called for the purpose of receiving and reviewing such reports. This occasion may be used by the province to assist the component LGUs in identifying and defining problems, issues and concerns, development assistance requirements, and possible formulation of interlocal linkages for consideration of the governor.
ARTICLE 192. Special Reports. — Whenever necessary, all local chief executives may submit special reports to the Secretary of DILG on any unusual or unexpected events and occurrences in their localities particularly if such information deals with internal security or promotes intergovernmental relations.
RULE XXV
Barangay Assembly
ARTICLE 193. Composition. — There shall be a barangay assembly in every barangay composed of all persons who are:
(a) actual residents of the barangay for at least six (6) months;
(b) fifteen (15) years of age or over;
(c) citizens of the Philippines; and
(d) duly registered in the list of barangay assembly members.
ARTICLE 194. Meetings. — (a) The barangay assembly shall meet at least twice a year and discuss the semestral report of the sangguniang barangay concerning its activities and finances as well as problems affecting the barangay or of at least four (4) members of the sangguniang barangay, or upon written petition of at least five percent (5%) of the assembly members which shall be submitted to, and favorably acted upon, by the punong barangay.
(b) A written notice to all barangay assembly members stating the date, time, venue, and purpose of the meeting shall be posted in three (3) conspicuous places within the barangay one (1) week prior to the meeting except on matters involving public safety or security, in which case notice within a reasonable time shall be sufficient.
(c) The punong barangay, or in his absence, the sangguniang barangay member acting as punong barangay, or any assembly member selected during the meeting, shall act as presiding officer in the meetings of the assembly.
(d) The barangay secretary, or in his absence, any member designated by the presiding officer to act as secretary, shall discharge the duties of secretary of the barangay assembly.
ARTICLE 195. Powers of the Barangay Assembly. — The barangay assembly shall:
(a) Initiate legislative processes by recommending to the sangguniang barangay the adoption of measures for the welfare of the barangay and the city or municipality concerned;
(b) Decide on the adoption of initiative as a legal process whereby the registered voters of the barangay may directly propose, enact, or amend any ordinance; and
(c) Hear and pass upon the semestral report of the sangguniang barangay concerning its activities and finances.
RULE XXVI
Katarungang Pambarangay
ARTICLE 196. Lupong Tagapamayapa. — There shall be created in each barangay a lupong tagapamayapa composed of the punong barangay as chairman and ten (10) to twenty (20) members. The lupon shall be constituted every three (3) years.
ARTICLE 197. Pangkat ng Tagapagkasundo. — There shall be constituted for each dispute brought before the lupon a conciliation panel to be known as the pangkat ng tagapagkasundo consisting of three (3) members who shall be chosen by the parties to the dispute from the list of members of the lupon.
ARTICLE 198. Economic or Other Incentives. — The DILG shall provide a system of granting economic or other incentives to the lupon or pangkat members who adequately demonstrate the ability to judiciously and expeditiously resolve cases referred to them.
ARTICLE 199. Penalty for Refusal or Failure of Any Party or Witness to Appear before the Lupon or Pangkat. — Refusal or willful failure of any party or witness to appear before the lupon or pangkat in compliance with summons issued pursuant to this Rule may be punished by the city or municipal court as for indirect contempt of court upon application filed therewith by the lupon chairman, the pangkat chairman, or by any of the contending parties. Such refusal or willful failure to appear shall be reflected in the records of the lupon secretary or in the minutes of the pangkat secretary and shall bar the complainant who fails to appear, from seeking judicial recourse for the same course of action, and the respondent who refuses to appear, from filing any counterclaim arising out of, or necessarily connected with the complaint.
ARTICLE 200. Responsibility of the City or Municipal Mayor. — The city or municipal mayor, as the case may be, shall be responsible for the efficient and effective implementation of the katarungang pambarangay.
ARTICLE 201. Implementing Rules and Regulations. — The Secretary of Justice shall promulgate the rules and regulations to implement this Rule which shall form part of these Rules.
RULE XXVII
Sangguniang Kabataan
ARTICLE 202. Katipunan ng Kabataan. — (a) Organization and Purpose — There shall be an assembly of youth in every barangay, to be known as katipunan ng kabataan, whose primary objective is to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the youth of the country.
(b) Composition — The katipunan ng kabataan shall be composed of all Filipino citizens actually residing in the barangay for at least six (6) months, who are at least fifteen (15) but not more than twenty-one (21) years of age, and who are duly registered in the sanggunian ng kabataan or in the official barangay list in the custody of the barangay secretary.
(c) Meetings — The katipunan ng kabataan shall meet at least once every three (3) months, or at the call of the chairman of the sangguniang kabataan or upon written petition of at least one-twentieth (1/20) of its members to decide on important issues affecting the youth of the barangay.
(d) Rights and Duties of Members — Every member of the katipunan ng kabataan is eligible to vote and be elected in the sangguniang kabataan elections and participate in the programs, projects, and activities of the barangay as may be adopted by the sangguniang kabataan or the sangguniang barangay, unless otherwise provided in the Code and other applicable laws.
ARTICLE 203. Sangguniang Kabataan. — (a) Organization and Composition —
(1) There shall be in every barangay a sangguniang kabataan composed of a chairman, seven (7) members, a secretary, and a treasurer.
(2) The chairman and the seven (7) members shall be elected at large by the registered members of the katipunan ng kabataan.
(3) The secretary and the treasurer shall be appointed by the chairman from among the members of the sangguniang kabataan, subject to their concurrence.
(b) Powers and Functions — The sangguniang kabataan shall:
(1) Promulgate resolutions necessary to carry out the objectives of the youth in the barangay in accordance with applicable provisions of the Code;
(2) Initiate programs designed to enhance the social, political, economic, cultural, intellectual, moral, spiritual, and physical development of the members;
(3) Hold fund-raising activities, the proceeds of which shall be tax-exempt and shall accrue to the general fund of the sangguniang kabataan provided that, in the appropriation thereof, the specific purpose for which such activity has been held shall be first satisfied;
(4) Create such bodies or committees as it may be deemed necessary to effectively carry out its programs and activities;
(5) Submit annual and end-of-term reports to the sangguniang barangay on their projects and activities for the survival and development of the youth in the barangay;
(6) Consult and coordinate with all youth organizations in the barangay for policy formulation and program implementation;
(7) Coordinate with the Presidential Council for Youth Affairs (PCYA) and other NGAs concerned for the implementation of youth development projects and programs at the national level; and
(8) Exercise such other powers and perform such other duties and functions as the sangguniang barangay may determine or delegate or as may be prescribed by law or ordinance.
(c) Meetings and Quorum — The sangguniang kabataan shall meet regularly once a month on the date, time, and place to be fixed by the said sanggunian. Special meetings may be called by the sangguniang kabataan chairman or any three (3) of its members by giving a written notice to all members of the date, time, place, and agenda of the meetings at least one (1) day in advance. Notices of regular or special meetings shall be furnished the punong barangay and the members of the sangguniang barangay. A majority of the members of the sangguniang kabataan shall constitute a quorum.
(d) Qualifications of Elective Members — An elective official of the sangguniang kabataan must be:
(1) A citizen of the Philippines;
(2) A qualified voter of the katipunan ng kabataan;
(3) A resident in the barangay for at least one (1) year immediately prior to election;
(4) At least fifteen (15) years but not more than twenty one (21) years of age on the day of his election;
(5) Able to read and write Filipino, any Philippine language or dialect, or English; and
(6) Such elective official must not have been convicted of any crime involving moral turpitude.
(e) Elections and Term of Office — (1) The first elections for the sangguniang kabataan to be conducted under the Code shall be held on June 11, 1992. The members to be elected shall serve from June 30, 1992 to September 30, 1994.
(2) The regular elections for the sangguniang kabataan members shall be held one hundred twenty (120) days after the barangay elections in 1994 and the succeeding election shall be held every three (3) years thereafter. The regular term of office of the sangguniang kabataan members shall be three (3) years, unless sooner removed for cause as provided by law, permanently incapacitated, die, or resign from office.
(3) The sangguniang kabataan chairman and members will hold office for a period of three (3) years unless sooner removed for cause as provided by law, permanently incapacitated, die or resign from office.
(4) A sangguniang kabataan official who, during his term of office, shall have passed the age of twenty-one (21) years shall be allowed to serve the remaining portion of the term for which he was elected.
(5) The conduct and administration of the elections for sangguniang kabataan members shall be governed by the rules promulgated by the COMELEC. These Rules shall be suppletory in character.
(f) Powers and Duties of the Chairman — The registered voters of the katipunan ng kabataan shall elect the chairman of the sangguniang kabataan who shall:
(1) Serve automatically as ex officio member of the sangguniang barangay upon his assumption to office. As an ex officio member, he shall exercise the same powers, discharged the same duties and functions and enjoy the same privileges as the regular sangguniang barangay members, and shall be the chairman of the committee on youth and sports development in the said sanggunian;
(2) Serve as member of the barangay development council; and
(3) Represent the sangguniang kabataan in the pederasyon ng mga sangguniang kabataan;
(4) Call and preside over all meetings of the katipunan ng kabataan and the sangguniang kabataan;
(5) Implement policies, programs, and projects within his jurisdiction in coordination with the sangguniang barangay;
(6) Exercise general supervision over the affairs and activities of the sangguniang kabataan and the official conduct of its members, and such other officers of the sangguniang kabataan within his jurisdiction;
(7) Appoint with the concurrence of the sangguniang kabataan from among the members of the sangguniang kabataan, the secretary and the treasurer, and such other officers as may be deemed necessary; and
(8) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance;
(g) Duties of the Secretary — The sangguniang kabataan secretary shall:
(1) Keep all records of the katipunan ng kabataan and sangguniang kabataan;
(2) Prepare and keep the minutes of all meetings of the katipunan ng kabataan and sangguniang kabataan;
(3) Prepare all forms necessary for the conduct of registrations, elections, initiatives, referenda, or plebiscites, in coordination with the barangay secretary and the COMELEC; and
(4) Perform such other duties and discharge such other functions as the chairman of the sangguniang kabataan may prescribe or direct.
(h) Duties of the Treasurer — The sangguniang kabataan treasurer shall:
(1) Take custody of all sangguniang kabataan property and funds not otherwise deposited with the city or municipal treasurer;
(2) Collect and receive contributions, monies, materials, and all other resources intended for the sangguniang kabataan and the katipunan ng kabataan;
(3) Disburse funds in accordance with an approved budget of the sangguniang kabataan;
(4) Certify to the availability of funds whenever necessary;
(5) Submit to the sangguniang kabataan and to the sangguniang barangay certified and detailed statements of actual income and expenditures at the end of every month; and
(6) Perform such other duties and discharge such other functions as the sangguniang kabataan chairman may direct.
(i) Privileges — The sangguniang kabataan chairman shall have the same privileges enjoyed by other sangguniang barangay officials under Rule XIV of these Rules, subject to such requirements and limitations provided in this Rule. During their incumbency, sangguniang kabataan officials shall be exempt from payment of tuition and matriculation fees while enrolled in public tertiary schools, including state colleges and universities. The National Government shall reimburse said college or university the amount of the tuition and matriculation fees provided that to qualify for the privilege, said officials shall enroll in the state college or university within or nearest their area of jurisdiction.
(j) Succession and Filing of Vacancies —
(1) In case a sangguniang kabataan chairman refuses to assume office, fails to qualify, is convicted of felony, voluntarily resigns, dies, is permanently incapacitated, is removed from office, or has been absent without leave for more than three (3) consecutive months, the sangguniang kabataan members who obtained the next highest number of votes in the election immediately preceding shall assume the office of the chairman for the unexpired portion of the term, and shall discharge the powers and duties, and enjoy the rights and privileges appurtenant to the office. In case the said member refuses to assume the position or fails to qualify, the sangguniang kabataan member obtaining the next highest number of votes shall assume the position of the chairman for the unexpired portion of the term.
(2) Where two (2) or more sangguniang kabataan members obtained the same next highest number of votes, the other sangguniang kabataan members shall conduct and election to choose the successor to the chairman from among the said members.
(3) After the vacancy shall have been filled, the sangguniang kabataan chairman shall call a special election to complete the membership of said sanggunian. The duly elected sangguniang kabataan member shall hold office for the unexpired portion of the term of the vacant seat.
(4) In case of suspension of the sangguniang kabataan chairman, the successor, as determined in paragraphs (2) and (3) above, shall assume the position during the period of such suspension.
ARTICLE 204. Pederasyon ng mga Sangguniang Kabataan — (a) Organization — There shall be an organization of all the pederasyon ng mga sangguniang kabataan to be known as follows:
(1) For municipalities, Pambayang Pederasyon ng Sangguniang Kabataan;
(2) For cities, Panlungsod na Pederasyon ng Sangguniang Kabataan;
(3) For provinces, Panlalawigang Pederasyon ng Sangguniang Kabataan;
(4) For special metropolitan political subdivisions, Pangmetropolitang Pederasyon ng Sangguniang Kabataan; and
(5) For the national level, Pambansang Pederasyon ng Sangguniang Kabataan.
(b) Election — The pederasyon ng mga sangguniang kabataan shall, at all levels, elect from among themselves the president, vice president and such other officers as may be necessary. Election of officer shall be held thirty (30) days after the sangguniang kabataan elections.
(c) Composition — The pederasyon ng mga sangguniang kabataan shall be organized in the following manner.
(1) The panlungsod and pambayang pederasyon shall be composed of the sangguniang kabataan chairmen of barangays in the city and municipality, respectively;
(2) The panlalawigan pederasyon shall be composed of presidents of the panlungsod and pambayang pederasyon;
(3) The pangmetropolitang pederasyon shall be composed of presidents of the panlungsod and pambayang pederasyon in special metropolitan political subdivisions.
(d) Pambansang Katipunan ng mga Sangguniang Kabataan — The elected presidents of the pederasyon at the provincial, highly urbanized city and metropolitan political subdivision levels shall constitute the pambansang katipunan ng mga sangguniang kabataan and shall hold elections for the pambansang katipunan thirty (30) days after the panlalawigan and pangmetropolitang pederasyon elections.
(e) Constitution and By-laws — The term of office, manner of election, removal, and suspension of pederasyon officers shall be governed by the constitution and by-laws of the pederasyon in conformity with the provisions of the Code and national policies on youth.
(f) Ex Officio Membership in the Sanggunian —
(1) A sangguniang kabataan chairman who is elected as pederasyon president during his tenure of office and upon certification as such by the COMELEC shall serve as ex officio member of the sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan, as the case may be, without need of further appointment.
(2) The vice president of the pederasyon whose president has been elected as president of a higher pederasyon shall serve as ex-officio member of the sanggunian concerned without need of further appointment.
(3) The pederasyon president or vise president, as the case may be, shall be the chairman of the committee on youth and sports development of the sanggunian concerned.
(g) Membership in the Local School Board — The pederasyon ng mga sangguniang kabataan president shall serve as member of the local school board in the province, city, and municipality, as the case may be.
(h) Declaration of Vacancy — All seats reserved for the pederasyon ng mga sangguniang kabataan in the different sanggunians shall be deemed vacant until such time that the sangguniang kabataan chairmen shall have been elected and the respective pederasyon presidents shall have been selected.
(i) National Secretariat — The PCYA shall serve as the national secretariat of the pambansang pederasyon.
ARTICLE 205. Funds for the Elections of Sangguniang Kabataan. — (a) The amount pertaining to the ten percent (10%) allocation for the kabataang barangay as provided in Sec. 103 of BP 337 is hereby reappropriated for the purpose of funding the first election of the sangguniang kabataan to be held on June 11, 1992. The balance of such funds, if there be any after said elections, shall be administered by the PCYA for the purpose of training the newly elected sangguniang kabataan officials in the discharge of their functions.
(b) For the regular elections of the sangguniang kabataan, funds shall be taken from the ten percent (10%) of the barangay funds reserved for the sangguniang kabataan, as provided under these Rules.
ARTICLE 206. Kabataang Barangay Elections. — Elections for the kabataang barangay conducted under BP 337 at any time between January 1, 1988 and January 1, 1992 shall be considered as the first elections provided in the Code. The term of office of the kabataang barangay officials elected within the said period shall be extended correspondingly to coincide with the term of office of those elected under the Code.
ARTICLE 207. Training of Newly Elected Sangguniang Kabataan Officials. — (a) The PCYA shall, in coordination with the local chief executive concerned, administer a training program for the newly elected sangguniang kabataan officials with the following objectives:
(1) Develop their leadership abilities;
(2) Orient them on the pertinent provisions of these Rules, the Code and such other applicable laws, rules and regulations;
(3) Enhance their organizational and managerial skills;
(4) Increase their awareness and appreciation of such relevant concepts as unity, nationalism, peace, cooperation, service, concern for the environment, citizenship, and respect for the rule of law; and
(5) Evolve a sustained development training program for the youth in the LGU.
RULE XXVIII
Linggo ng Kabataan
ARTICLE 208. Observance of Linggo ng Kabataan. — (a) Every province, city, municipality, and barangay shall, in coordination with the pederasyon ng mga sangguniang kabataan at all levels, conduct an annual activity to be known as the Linggo ng Kabataan on such date as shall be determined by the Office of the President.
(b) The observance of the Linggo ng Kabataan shall include the election of the counterparts of all elective and appointive local officials, as well as heads of NGAs stationed or assigned in the territorial jurisdiction of the LGU, among in-school and community youth residing in the LGU concerned from ages thirteen (13) to seventeen (17). During said week, they shall hold office as boy and girl officials and shall perform such duties and conduct such activities as may be provided in the ordinance enacted pursuant to this Rule.
ARTICLE 209. Linggo ng Kabataan Activities. — The pederasyon ng sangguniang kabataan shall conduct the following activities during the Linggo ng Kabataan:
(a) Commemoration of young Filipino heroes who made significant contributions to the development of the country or the locality;
(b) Recognition and awarding of outstanding youth organizations for their achievements and contributions to development; and
(c) Awareness campaign on environmental issues, sports festivals and competitions, cultural festivals, arts and skills exhibition, volunteer work, tour of historical places, and such youth-oriented activities as may be deemed relevant.
RULE XXIX
Leagues of Local Government Units and Federations
of Other Elective Local Officials
ARTICLE 210. Liga ng mga Barangay. — (a) Organization and Purpose —
(1) There shall be an organization of all barangays, to be known as the liga ng mga barangay.
(2) The said liga shall be organized for the primary purpose of determining the representation of the liga in the sanggunian and for ventilating, articulating, and crystallizing issues affecting barangay government administration and securing, through proper and legal means, solutions thereto.
(b) Representation — Every barangay shall be represented in the liga by the punong barangay or, in his absence or incapacity, by a sanggunian member duly elected for the purpose among its members, who shall attend all meetings or deliberations called by the different chapters of the liga.
(c) Local Chapters and National Liga — The liga shall have chapters in the municipality, city, province, and metropolitan political subdivision.
(1) Municipal and City Chapters — The municipal and city chapters of the liga shall be composed of the barangay representatives of municipal and city barangays, respectively. The existing association of barangay councils in all municipalities and cities shall be recognized as municipal and city chapters of the liga, subject to the provisions of this Rule.
(2) Provincial Chapter — The duly elected presidents of municipal and component city chapters shall constitute the provincial chapter. The existing association of barangay councils in the province shall be recognized as provincial chapters of the liga, subject to the provisions of this Rule.
(3) Metropolitan Chapter — The duly elected presidents of the municipal chapters within MMA or such other metropolitan political subdivision as may be created by law, shall constitute the metropolitan chapter.
(4) National Liga ng mga Barangay — The duly elected presidents of highly urbanized city chapters, provincial chapters, and metropolitan chapters shall constitute the national liga ng mga barangay.
(d) Ex Officio Membership in the Sanggunian —
(1) The duly elected presidents of the liga at the municipality, city, and province, including component cities and municipalities within MMA, or any metropolitan political subdivision as may be created by law, shall serve as ex officio members of the sangguniang bayan, sangguniang panlungsod, and sangguniang panlalawigan, as the case may be.
(2) They shall serve as ex officio members of the sanggunian concerned only during their term of office as presidents of the liga chapters, which in no case shall go beyond the term of office of the sanggunian concerned.
(3) The incumbent presidents of the municipal, city, and provincial chapters of the liga shall continue to serve as ex officio members of the sanggunian concerned until the expiration of their term of office, unless sooner removed for cause.
(e) Powers, Functions and Duties of the Liga ng mga Barangay — The liga shall:
(1) Give priority to programs designed for the total development of the barangays and consonance with the policies, programs and projects of the National Government;
(2) Assist in the education of barangay residents for people's participation in local government administration in order to promote united and concerted action to achieve countrywide development goals;
(3) Supplement the efforts of government in creating gainful employment within the barangay;
(4) Adopt measures to promote the welfare of barangay officials;
(5) Serve as a forum of the barangays in order to forge linkages with NGAs and NGOs and thereby promote the social, economic, and economic well-being of the barangay; and
(6) Exercise such other powers and perform such other duties and functions which will bring about the stronger ties among barangays and promote the welfare of barangay inhabitants.
(f) Organizational Structure —
(1) The national liga and its local chapters shall directly elect their respective officers, namely: a president, vice president, and five (5) members of the board of directors. The board shall appoint its secretary and treasurer and create such other positions as it may deem necessary for the management of the chapter. Pending election of the presidents of the municipal, city, provincial, and metropolitan chapters of the liga, the incumbent presidents of the association of barangay councils in the municipality, city, province, and Metropolitan Manila shall continue to act as presidents of the corresponding liga chapters under this Rule.
(2) A secretary-general shall be elected from among the members of the national liga who shall be responsible for the overall operation of the liga. Pending election of a secretary-general under this rule, the incumbent president of the pambansang katipunan ng mga barangay shall act as the secretary-general. The incumbent members of the board of the pambansang katipunan ng mga barangay, headed by the secretary-general, who continue to be presidents of the respective chapters of the liga to which they belong, shall constitute a committee to exercise the powers and duties of the national liga and draft or amend the constitution and by-laws of the national liga to conform to the provisions of this Rule.
(3) The board of directors shall coordinate the activities of the various chapters of the liga.
(g) Constitution and By-Laws of the Liga —
(1) All other matters not provided under this Rule affecting the internal organization of the liga shall be governed by its constitution and by-laws, unless inconsistent with the Constitution and applicable laws, rules and regulations.
(2) The committee created in this Article shall formulate uniform constitution and by-laws applicable to the national liga and all local chapters. The committee shall convene the national liga to ratify the constitution and by-laws within six (6) months from issuance of these Rules.
(3) Election of the first set of officers of the national liga and local chapters shall be held in accordance with the duly adopted constitution and by-laws within six (6) months from ratification by the barangay national assembly.
ARTICLE 211. League of Municipalities. — (a) There shall be an organization of all municipalities to be known as the league of municipalities. The existing municipal mayors league of the Philippines shall be recognized as the league of municipalities, subject to the provisions of this Rule.
(b) The league shall have the primary purpose of ventilating, articulating, and crystallizing issues affecting municipal government administration and securing, through proper and legal means, solutions thereto.
(c) Every municipality shall be represented in the league by the municipal mayor or, in his absence, by the vice mayor or sangguniang bayan member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league.
(d) The league shall form the following local chapters:
(1) Provincial chapters, composed of municipal mayors or their duly authorized representatives for all municipalities of every province; and
(2) Metropolitan chapters, composed of municipal mayors within MMA or other metropolitan political subdivisions as may be created by law.
The provincial and metropolitan chapters shall carry out the policies and instructions formulated by the national board of directors.
(e) All municipal mayors in every province and in Metropolitan Manila or a majority thereof shall, on the second Monday of June, 1992 following their election as mayors, initially convene in their capacity as representatives of their respective municipalities and elect their provincial and metropolitan chapter presidents and other officers from among themselves.
(f) A national board of directors shall be organized composed of all provincial and metropolitan chapter presidents. The national board shall be the policy governing body of the league whose primary functions consist of formulating general policies for attaining the purpose of the league and approving its annual budget.
ARTICLE 212. League of Cities. — (a) There shall be an organization of all cities to be known as the league of cities. The existing league of cities shall be recognized as the league of cities, subject to the provisions of this Rule.
(b) The league shall have the primary purpose of ventilating, articulating, and crystallizing issues affecting city government administration and securing, through proper and legal means, solutions thereto.
(c) Every city shall be represented in the league by the city mayor or, in his absence, by the vice mayor or sanggunian member duly elected for the purpose by the members, who shall attend all meetings and participate in the deliberations of the league.
(d) Component cities of province and highly-urbanized cities may form their respective local chapters.
(e) The national leagues shall be composed of the presidents of the chapter of highly-urbanized cities and the chapter of component cities of a province.
ARTICLE 213. League of Provinces. — (a) There shall be an organization of all provinces to be known as the league of provinces. The existing league of provincial governors shall be recognized as the league of provinces, subject to the provisions of this Rule.
(b) The league shall have the primary purpose of ventilating, articulating, and crystallizing issues affecting provincial and metropolitan government administration and securing, through proper and legal means, solutions thereto. For this purpose, the MMA and any metropolitan political subdivision as may be created by law shall be considered as separate provincial units of the league.
ARTICLE 214. Common Provisions for the Leagues of Municipalities, Cities, and Provinces. — (a) Powers and Functions — The leagues shall:
(1) Assist the National Government in the formulation and implementation of policies, programs and projects affecting LGUs;
(2) Promote local autonomy;
(3) Adopt measures for the promotion of the welfare of the LGU concerned and its officials and employees;
(4) Encourage people's participation in local government administration in order to promote united and concerted action for the attainment of countrywide development goals.
(5) Supplement the efforts of the National government in creating opportunities for gainful employment within the LGUs;
(6) Give priority to programs designed for the total development of LGUs in consonance with the policies, programs, and projects of the National Government;
(7) Serve as a forum for crystallizing and expressing ideas, seeking the necessary assistance of the National Government, and providing the private sector avenues for cooperation in the promotion of the welfare of LGUs; and
(8) Exercise such other powers and functions as the leagues may prescribe for the welfare of LGUs.
(b) Organizational Structure — The leagues of municipalities, cities, and provinces shall elect their respective chapter-level and national-level boards of directors and sets of officers headed by the president. A secretary-general shall be chosen from among the national league members to manage the day-to-day operations and activities of the national league. The board of directors on the chapter or national level may create such other positions as may be deemed necessary for the management of the local chapters and of the national leagues. The national board of directors of the leagues of municipalities, cities, and provinces shall coordinate programs, projects, and activities of the local chapters and the national league.
The incumbent presidents of the leagues shall act as the concurrent secretary-general of their respective leagues until their successors shall have been elected and qualified.
(c) Term of Office — The term of office of all officers of the leagues in the local chapters and the national board of directors shall be coterminous with their term of office as municipal or city mayors or provincial governors, as the case may be.
(d) Funding —
(1) Funds of the leagues and the liga ng mga barangay shall be sourced from:
(i) Contributions of members LGUs the amount of which shall be prescribed under the constitution and by-laws of the league. The membership fee and annual due shall be charged against any available fund of the LGU concerned.
(ii) Fund-raising projects and activities without the necessity of securing permits therefore provided that the proceeds from said fund-raising projects and activities shall be used primarily to fund projects for which such proceeds have been raised, subject to the pertinent provisions of the Code and the Omnibus Election Code, as amended; and
(iii) Other lawful sources of funds which shall be identified under the constitution and by-laws of the league.
(2) All funds of the league shall be deposited as trust funds in the name of the league and administered by its treasurer and shall be disbursed in accordance with the board of directors' resolutions, subject to pertinent accounting and auditing rules and regulations. The treasurer shall be bonded in an amount to be determined by the board of directors.
The funds of a chapter shall be deposited as chapter funds and funds of the national league shall be deposited as national funds.
(e) Constitution and By-Laws —
(1) The national board of directors shall promulgate and adopt the constitution and by-laws of the league immediately after the formal organization of the local chapters as provided in this Rule.
(2) The constitution and by-laws of the league shall be ratified by a majority of the members present there being a quorum in the general assembly to be called for the purpose.
(3) All other matters not provided under this Rule affecting the internal organization of the league shall be governed by its constitution and by-laws which shall conform to the provisions of the Constitution, the Code, and other applicable laws.
ARTICLE 215. Federations of Other Elective Local Officials. — (a) Organization — (1) Vice governors, vice mayors, sanggunian members of barangays, municipalities, component cities, highly-urbanized cities, and provinces, and other elective officials of LGUs, including those of MMA and any metropolitan political subdivision as may be created by law, may form their respective federations, subject to applicable provisions of this Rule;
(2) Sanggunian members of component cities and municipalities shall form a provincial federation and elect a board of directors and a set of officers headed by the president.
(3) The duly elected president of the provincial federation of sanggunian members of component cities and municipalities shall be an ex officio member of the sangguniang panlalawigan concerned and shall serve as such only during his term of office as president of the said federation, which in no case shall go beyond the term of office of the sangguniang panlalawigan concerned.
(b) Constitution and By-Laws — The federations shall adopt their respective constitutions and by-laws which shall govern their respective internal organizations and operations provided that said constitutions and by-laws conform to the provisions of the Constitution and applicable laws.
(c) Funding — The federations may derive their funds from contributions of their members or from fund-raising projects or activities. The LGU concerned may appropriate funds to support the federations organized in accordance with this Rule, subject to availability of funds.
ARTICLE 216. Assistance to the Leagues. — The DILG may extend technical and financial assistance and secretariat services to the leagues of LGUs and federations of other elective local officials upon request.
RULE XXX
Local Government Taxation
ARTICLE 217. Scope. — The following rules and regulations shall govern the exercise by provinces, cities, municipalities, and barangays of their taxing and other revenue-raising powers.
ARTICLE 218. Power to Create Sources of Revenue. — Consistent with the basic policy of local autonomy, each LGU shall exercise its power to create its own sources of revenue and to levy taxes, fees, or charges, subject to the provisions of this Rule. Such taxes, fees, or charges shall accrue exclusively to the LGU.
ARTICLE 219. Fundamental Principles. — The following fundamental principles shall govern the exercise of the taxing and other revenue-raising powers of LGUs:
(a) Taxation shall be uniform in each LGU. The uniformity required is only within the territorial jurisdiction of a province, a city, a municipality, or a barangay;
(b) Taxes, fees, charges, or other impositions shall:
(1) Be equitable and based, as far as practicable, on the taxpayer's ability to pay;
(2) Be levied and collected only for public purposes;
(3) Not be unjust, excessive, oppressive, or confiscatory;
(4) Not be contrary to law, public policy, national economic policy, or in restraint of trade;
(c) Collection of local taxes, fees, charges, or other impositions shall in no case be let to any private person;
(d) The revenue collected pursuant to the provisions of this Rule shall insure solely to the benefit of, and be subject to disposition by, the LGU levying the tax, fee, charge, or other imposition unless otherwise specifically provided in this Rules; and
(e) Each LGU shall, as far as practicable, evolve a progressive system of taxation.
ARTICLE 220. Definition of Terms. — (a) Agricultural Product includes the yield of the soil, such as corn, rice, wheat, rye, hay, coconuts, sugarcane, tobacco, root crops, vegetables, fruits, flowers, and their by-products; ordinary salt; all kinds of fish; poultry; and livestock and animal products, whether in their original form or not.
The phrase whether in their original form or not refers to the transformation of said products by the farmer, fisherman, producer or owner through the application of processes to preserve or otherwise to prepare said products for the market.
To be considered an agricultural product whether in its original form or not, its transformation must have been undertaken by the farmer, fisherman, producer or owner.
Agricultural products as defined include those that have undergone not only simple but even sophisticated processes employing advanced technological means in packaging like dressed chicken or ground coffee in plastic bags or styropor or other packaging materials intended to process and prepare the products for the market.
The term by-products shall mean those materials which in the cultivation or processing of an article remain over, and which are still of value and marketable, like copra cake from copra or molasses from sugar cane;
(b) Amusement is a pleasurable diversion and entertainment. It is synonymous to relaxation, avocation, pastime, or fun;
(c) Amusement Places include theaters, cinemas, concert halls, circuses and other places of amusement where one seeks admission to entertain oneself by seeing or viewing the show or performance;
(d) Business means trade or commercial activity regularly engaged in as a means of livelihood or with a view to profit;
(e) Banks and Other Financial Institutions include non-bank financial intermediaries, lending investors, finance and investment companies, pawnshops, money shops, insurance companies, stock markets, stock brokers and dealers in securities and foreign exchange, as defined under applicable law, or rules and regulations thereunder;
(f) Capital Investment is the capital which a person employs in any undertaking, or which he contributes to the capital of a partnership, corporation, or any other juridical entity or association in a particular taxing jurisdiction;
(g) Charges refers to pecuniary liability, as rents or fees against persons or property;
(h) Contractor includes persons, natural or juridical, not subject to professional tax under Article 229 of this Rule, whose activity consists essentially of the sale of all kind of services for a fee, regardless of whether or not the performance of the service calls for the exercise or use of the physical or mental faculties of such contractor or his employees.
As used in this Article, the term contractor shall include general engineering, general building and specialty contractors as defined under applicable laws; filling, demolition and salvage works contractors; proprietors or operators of mine drilling apparatus; proprietors or operators of dockyards; persons engaged in the installation of water system, and gas or electric light, heat, or power, proprietors or operators of smelting plants; engraving, plating, and plastic lamination establishments; proprietors or operators of establishments for repairing, repainting, upholstering, washing or greasing of vehicles, heavy equipment, vulcanizing, recapping and battery charging; proprietors or operators of furniture shops and establishments for planing or surfacing and recutting of lumber, and sawmills under contract to saw or cut logs belonging to others; proprietors or operators of dry-cleaning or dyeing establishment, steam laundries, and laundries using washing machines; proprietors or owners of shops for the repair of any kind of mechanical and electrical devices, instruments, apparatus, or furniture and shoe repairing by machine or any mechanical contrivance; proprietors or operators of establishments or lots for parking purposes; proprietors or operators of tailor shops, dress shops, milliners and hatters, beauty parlors, barbershops, massage clinics, sauna, Turkish and Swedish baths, slenderizing and body-building saloons and similar establishment; photographic studios; funeral parlors; proprietors or operators of hotels, motels, and lodging houses; proprietors or operators of arrastre and stevedoring, warehousing, or forwarding establishments, master plumbers, smiths, and house or sign painters; printers, bookbinders, lithographers; publishers except those engaged in the publication or printing of any newspaper, magazine, review or bulletin which appears at regular intervals with fixed prices for subscription and sale as which is not devoted principally to the publication of advertisements; business agents, private detective or watchman agencies, commercial and immigration brokers, and cinematographic film owners, lessors and distributors;
(i) Corporation includes partnerships, no matter how created or organized, joint-stock companies, joint accounts (cuentas en participacion), associations or insurance companies but does not include general professional partnerships and a joint venture or consortium formed for the purpose of undertaking construction projects or engaging in petroleum, coal, geothermal, and other energy operations or consortium agreement under a service contract with the government. General professional partnerships are partnerships formed by persons for the sole purpose of exercising their common profession, no part of the income of which is derived from engaging in any trade or business.
The term resident foreign when applied to a corporation means a foreign corporation not otherwise organized under the laws of the Philippines but engaged in trade or business within the Philippines;
(j) Countryside and Barangay Business Enterprise refers to any business entity, association, or cooperative registered under the provisions of RA 6810, otherwise known as Magna Carta For Countryside And Barangay Business Enterprises (Kalakalan 20);
(k) Dealer means one whose business is to buy and sell merchandise, goods and chattels as a merchant. He stands immediately between the producer or manufacturer and the consumers and depends for his profit not upon the labor he bestows upon his commodities but upon the skill and foresight with which he watches the market:
(l) Fee means a charge fixed by law or ordinance for the regulation or inspection of a business or activity. It shall also include charges fixed by law or agency for the services of a public officer in the discharge of his official duties;
(m) Franchise is a right or privilege, affected with public interest which is conferred upon private persons or corporations, under such terms and conditions as the government and its political subdivisions may impose in the interest of public welfare, security, and safety;
(n) Gross Sales or Receipts include the total amount of money or its equivalent representing the contract price, compensation or service fee, including the amount charged or materials supplied with the services and deposits or advance payments actually or constructively received during the taxable quarter for the services performed or to be performed for another person excluding discounts if determinable at the time of sales, sales return, excise tax, and value added tax (VAT);
(o) Manufacturer includes every person who, by physical or chemical process, alters the exterior texture or form or inner substance of any raw materials or manufactured or partially manufactured product in such manner as to prepare it for special use or uses to which it could not have been put in its original condition, or who by any such process, alters the quality of any such raw material or manufactured or partially manufactured products so as to reduce it to marketable shape or prepare it for any of the use of industry, or who by any such process, combines any such raw material or manufactured or partially manufactured products with other materials or products of the same or of different kinds and in such manner that the finished products of such process or manufacture can be put to a special use or uses to which such raw material or manufactured or partially manufactured in their original condition could not have been put, and who in addition, alters such raw material or manufactured or partially manufactured products, or combines the same to produce such finished products for the purpose of their sale or distribution to others and not for his own use or consumption;
(p) Marginal Farmer or Fisherman refers or individual engaged in subsistence farming or fishing which shall be limited to the sale, barter or exchange of agricultural or marine products produced by himself and his immediate family, and whose annual net income from such farming of fishing does not exceed Fifty Thousand Pesos (P50,000.00) or the poverty line established by NEDA for the particular region or locality, whichever is higher;
(q) Motor Vehicle means any vehicle propelled by any power other than muscular power using the public roads, but excluding road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public roads, vehicle which run only on rails or tracks, and tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes;
(r) Municipal Waters include not only streams lakes and tidal waters within the municipality, not being the subject of private ownership and not comprised within the national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two lines drawn perpendicularly to the general coastline from points where the boundary lines of the municipality or city touch the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of marine waters between them, the third line shall be equally distant from opposite shores of the respective municipalities;
(s) Operator includes the owner, manager, administrator, or any other person who operates or is responsible for the operation of a business establishment or undertaking;
(t) Peddler means any person who, either for himself or on commission, travels from place to place and sells his goods or offers to sell and deliver the same. Whether a peddler is a wholesale peddler or retail peddler of a particular commodity shall be determined from the definition of wholesale dealer or retail dealer as provided in this Rule;
(u) Persons mean every natural or juridical being, susceptible of rights and obligations or of being the subject to legal relations;
(v) Residents refer to natural persons who have their habitual residence in the province, city, or municipality where they exercise their civil rights and fulfill their civil obligations, and to juridical persons for which the law or any other provision creating or recognizing them fixes their residence in a particular province, city, or municipality. In the absence of such law, juridical persons are residents of the province, city or municipality where they have their legal residence or principal place of business or where they conduct their principal business or occupation;
(w) Retail means a sale where the purchaser buys the commodity for his own consumption, irrespective of the quantity of the commodity sold;
(x) Vessel includes every type of boat, craft, or other artificial contrivance used, or capable of being used, as a means of transportation on water;
(y) Wharfage means a fee assessed against the cargo of a vessel engaged in foreign or domestic trade based on quantity, weight, or measure received and/or discharged by vessel; and
(z) Wholesale means a sale where the purchaser buys or imports the commodities for resale to persons other than the end user regardless of the quantity of the transaction.
ARTICLE 221. Common Limitations on the Taxing and Other Revenue-Raising Powers of Local Government Units. — Unless otherwise provided in this Rule, the exercise of the taxing and other revenue-raising powers of provinces, cities, municipalities and barangays shall not extend to the levy of the following:
(a) Income tax, except when levied on banks and other financial institutions as provided in Article 233(f) of this Rule;
(b) Documentary stamp tax;
(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa, except as otherwise provided in Article 225 of this Rule;
(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of customs fee, charges and dues except wharfage on wharves constructed and maintained by the LGU concerned;
(e) Taxes, fee, and charges and other impositions upon goods carried into or out of, or passing through the territorial jurisdictions of LGUs in the guise of charges for wharfage, tolls for bridges or otherwise, or other taxes, fees or charges in any form whatsoever upon such goods or merchandise;
(f) Taxes, fee, or charges on agricultural and aquatic products when sold by marginal farmers or fishermen;
(g) Taxes on business enterprises certified by the Board of Investments as pioneer or non-pioneer for a period of six (6) and four (4) years, respectively, from the date of registration;
(h) Excise taxes on articles enumerated under the National Internal Revenue Code (NIRC), as amended, and taxes, fees or charges on petroleum products;
(i) Percentage or Value Added Tax (VAT) on sales, barters, or exchanges or similar transactions on goods or services, except as otherwise provided herein;
(j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land or water, except on the operation and franchising of tricycles;
(k) Taxes on premiums paid by way of reinsurance or retrocession;
(l) Taxes, fees, or charges for the registration of motor vehicles and for the issuance of all kinds of licences or permits for the driving thereof, except tricycles;
(m) Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided in Article 233(c) of this Rule;
(n) Taxes, fees, or charges, on countryside and barangay business enterprises and cooperatives duly registered under RA 6810, and RA 6938, otherwise known as the Cooperatives Code of the Philippines, respectively; and
(o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and LGUs.
ARTICLE 222. Local Taxing Authority. — The power to impose a tax, fee, or charge or to generate revenue under the Code shall be exercised by the sanggunian of the LGU concerned through an appropriate tax ordinance or revenue measure.
ARTICLE 223. Taxing and Other Revenue-Raising Powers of Provinces. Except as otherwise provided in this Rule, the province may levy only the taxes, fees and charges as herein provided for.
ARTICLE 224. Tax on Transfer or Real Property Ownership. — (a) The province may impose a tax on the sale, donation, barter, or on any other mode of transferring ownership or title of real property at the rate of not more than fifty percent (50%) of one percent (1%) of the total consideration involved in the acquisition of the property or of the fair market value in case the monetary consideration involved in the transfer is not substantial, whichever is higher. The sale, transfer, or other disposition of real property pursuant to RA 6657 shall be exempt from this tax.
The fair market value as used herein shall be that reflected in the prevailing schedule of fair market values enacted by the sanggunian concerned.
(b) For this purpose, the registrar of deeds of the province concerned shall, before registering any deed, require the presentation of the evidence of payment of this tax. The provincial assessor shall likewise make the same requirement before cancelling an old tax declaration and issuing a new one in place thereof. Notaries public shall furnish the provincial treasurer with a copy of any deed transferring ownership or title to any real property within thirty (30) days from the date of notarization.
It shall be the duty of the seller, donor, transferor, executor, or administrator to pay the tax herein imposed within sixty (60) days from the date of the execution of the deed or from the date of the property owner's death.
ARTICLE 225. Tax on Business of Printing and Publication. — The province may impose a tax on the business of persons engaged in the printing and/or publication of books, cards, posters, leaflets, handbills, certificates, receipts, pamphlets, and other printed materials of similar nature, at rate not exceeding fifty percent (50%) of one percent (1%) of the gross annual receipts for the preceding calendar year.
In the case of a newly started business, the tax shall not exceed one-twentieth (1/20) of one percent (1%) of the capital investment. In the succeeding calendar year, regardless of when business started to operate, the tax shall be based on the gross receipts for the preceding calendar year, or any fraction thereof as provided in this Rule.
The receipts from the printing and/or publishing of books or other reading materials prescribed by DECS as school texts or references shall be exempt from the tax herein imposed.
ARTICLE 226. Franchise Tax. — (a) Notwithstanding any exemption granted by any law or other special law, the province may impose a tax on businesses enjoying a franchise, at a rate not exceeding fifty percent (50%) of one percent (1%) of the gross annual receipts, which shall include both cash sales and sales on account realized during the preceding calendar year within its territorial jurisdiction, excluding the territorial limits of any city located in the province.
(b) The province shall not impose the tax on business enjoying franchise operating within the territorial jurisdiction of any city located within the province.
(c) The term businesses enjoying franchise shall not include holders of certificates of public convenience for the operation of public utility vehicles for reason that such certificates are not considered as franchises.
(d) In the case of a newly started business, the tax shall not exceed one twentieth (1/20) of one percent (1%) of the capital investment. In the succeeding calendar year, regardless of when the business started to operate, the tax shall be based on the gross receipts for the preceding calendar year, or any fraction thereof, as provided in this Article.
The capital investment to be used as basis of the tax of a newly started business as herein provided shall be determined in the following manner:
(1) In the locality where the principal office of the business is located, the paid-up-capital stated in the articles of incorporation, in case of corporations, or in any similar document in case of other types of business organizations or enterprises shall be considered as the capital investment.
(2) Where there is a branch or sales office which commences business operations during the same year as the principal office but which is located in another province or in a city outside the province, the paid-up capital referred to above shall be reduced by the amount of the capital investment made for the said branch or sales office which shall be taxable instead by the province or city where it is located.
(3) Where the newly started business is a branch or sales office commencing business operations at a year later than that of the principal office, capital investment shall mean the total funds invested in the branch or sales office.
ARTICLE 227. Tax on Sand, Gravel, and Other Quarry Resources. — (a) The province may levy and collect not more than ten percent (10%) of fair market value in the locality per cubic meter of ordinary stones, sand, gravel, earth, and other quarry resources, such as but not limited to marl, marble, granite, volcanic cinders, basalt, tuff and rock phosphate, extracted from public lands or from the beds of seas, lakes, rivers, streams, creeks, and other public waters within its territorial jurisdiction.
(b) The permit to extract sand, gravel, and other quarry resources shall be issued exclusively by the governor, pursuant to the ordinance of the sangguniang panlalawigan.
(c) The proceeds of the tax on sand, gravel, and other quarry resources shall be distributed as follows:
(1) Province — Thirty percent (30%)
(2) Component city or municipality where the sand, gravel and other quarry resources are extracted — Thirty percent (30%)
(3) Barangay where the sand, gravel, and other quarry resources are extracted Forty percent (40%)
ARTICLE 228. Professional Tax. — (a) The province may levy an annual professional tax on each person engaged in the exercise or practice of his profession requiring government examination at such amount and reasonable classification as the sangguniang panlalawigan may determine but shall in no case exceed Three Hundred Pesos (P300.00).
(b) Every person legally authorized to practice his profession shall pay the professional tax to the province where he practice his profession or where he maintains his principal office in case he practices his profession in several places, provided, however, that such person who has paid the corresponding professional tax shall be entitled to practice his profession in any part the Philippines without being subjected to any other national or local tax, license, or fee for the practice of such profession.
(c) Any individual or corporation employing a person subject to professional tax shall require payment by that person of the tax on his profession before employment and annually thereafter.
(d) The professional tax shall be payable annually, on or before the thirty-first (31st) day of January. Any person first beginning to practice a profession after the month of January must, however, pay the full tax before engaging therein. A line of profession does not become exempt even if conducted with some other profession for which the tax has been paid. Professionals exclusively employed in the government shall be exempt from the payment of this tax.
(e) Any person subject to the professional tax shall write in deeds, receipts, prescriptions, reports, books of account, plans and designs, surveys and maps, as the case may be, the number of the official receipt issued to him.
(f) The professionals subject to tax herein imposed are only those who have passed the bar examinations, or any board or other examinations conducted by the Professional Regulation Commission (PRC). For example, a lawyer who is also a Certified Public Accountant (CPA) must pay the professional tax imposed on lawyers and that fixed for CPAs, if he is to practice both professions.
For the purpose of collecting the tax, the provincial treasurer or his duly authorized representative shall require from such professionals their current annual registration cards issued by competent authority before accepting payment of their professional tax for the current year. The PRC shall likewise require the professionals presentation of proof of payment before registration of proof of payment before registration of professionals or renewal of their licenses.
ARTICLE 229. Amusement Tax. — (a) The province may levy an amusement tax to be collected from the proprietors, lessees, or operators of theaters, cinemas, concert halls, circuses, boxing stadia, and other places of amusement at a rate of not more than thirty percent (30%) of the gross receipts from admission fees.
(b) In the case of theaters or cinemas, the tax shall first be deducted and withheld by their proprietors, lessees, or operators and paid to the provincial treasurer before the gross receipts are divided between said proprietors, lessees, or operators and the distributors of the cinematographic films.
(c) The holding of operas, concerts, dramas, recitals, paintings and art exhibitions, flower shows, musical programs, literary and oratorical presentations except pop, rock or similar concerts shall be exempted from the payment of the amusement tax, subject to the guidelines issued by DOF.
(d) The sangguniang panlalawigan may prescribe the time, manner, terms and conditions, including the issuance by proprietor, lessee, or operator of the theater or amusement place of admission tickets for the payment of tax. In case of fraud or failure to pay the tax the sangguniang panlalawigan may impose such surcharges, interests, and penalties as it may deem appropriate.
(e) The proceeds from the amusement tax shall be shared equally by the province and the municipality where such amusement places are located.
ARTICLE 230. Annual Fixed Tax For Every Delivery Truck or Van of Manufacturers or Producers, Wholesalers of, Dealers or Retailers in, Certain Products. — (a) The province may levy an annual fixed tax for every truck, van, or any motor vehicle used by manufacturers, producers, wholesalers, dealers or retailers in the delivery or distribution of distilled spirits, fermented liquors, soft drinks, cigars and cigarettes, and other products as may be determined by the sangguniang panlalawigan, to sales outlets, or consumers, whether directly or indirectly, within the province in an amount not exceeding Five Hundred Pesos (P500.00).
(b) The manufacturers, producers, wholesalers, dealers, and retailers referred to in the immediately preceding paragraph (a) hereof shall be exempt from the tax on peddlers prescribed in Article 233 (g) of this Rule.
ARTICLE 231. Scope of Taxing and Other Revenue-Raising Powers of Municipalities. — Unless provided in this Rule, municipalities may levy taxes, fees, and charges not otherwise levied by the province.
ARTICLE 232. Tax on Business. — The municipality may impose taxes on the following businesses:
(a) On manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers, and compounders of liquors, distilled spirits, and wines or manufacturers of any article of commerce of whatever kind or nature, in accordance with the following schedule:
Gross Sales/Receipts Amount of
For the Preceding Calendar Year Tax Per Annum
Less than P10,000.00 P165.00
P10,000.00 or more but less than 15,000.00 220.00
15,000.00 or more but less than 20,000.00 302.00
50,000.00 or more but less than 75,000.00 1,320.00
75,000.00 or more but less than 100,000.00 1,650.00
100,000.00 or more but less than 150,000.00 2,200.00
750,000.00 or more but less than 1,000,000.00 10,000.00
1,000,000.00 or more but less than 2,000,000.00 13,750.00
6,500,000.00 M or more at a rate not exceeding
thirty seven and a half percent (37 ½%)
of one percent (1%)
The preceding rates shall apply only to amount of domestic sales of manufacturers, assemblers, repackers, processors, brewers, distillers, rectifiers and compounders of liquors, distilled spirits, and wines or manufacturers of any article of commerce whatever kind or nature other than those enumerated in paragraph (c) of this Article.
(b) On wholesalers, distributors, or dealers in any article of commerce of whatever kind or nature in accordance with the following schedules:
Less than P1,000.00 P18.00
P1,000.00 or more but less than 2,000.00 33.00
2,000.00 or more but less than 3,000.00 50.00
4,000.00 or more but less than 5,000.00 100.00
8,000.00 or more but less than 10,000.00 187.00
750,000.00 or more but less than 1,000,000.00 8,800.00
P2,000,000.00 or more at a rate not exceeding fifty
percent (50%) of one
percent (1%)
The businesses enumerated in paragraph (a) above shall no longer be subject to the tax on wholesalers, distributors, or dealers provided in this Article.
(c) On exporters, and on manufacturers, millers, producers, wholesalers, distributors, dealers or retailers of essential commodities enumerated hereunder at a rate not exceeding one-half (1/2) of the rates prescribed in paragraphs (a), (b) and (d) of this Article:
(1) Rice and corn;
(2) Wheat or cassava flour, meat, dairy products, locally manufactured, processed or preserved food, sugar, salt and other agricultural, marine, and fresh water products, whether in their original state or not;
(3) Cooking oil and cooking gas;
(4) Laundry soap, detergents, and medicine;
(5) Agricultural implements, equipment and post-harvest facilities, fertilizers, pesticides, insecticides, herbicides, and other farm inputs;
(6) Poultry feeds and other animal feeds;
(7) School supplies; and
(8) Cement.
For purposes of this Article, the term exporters shall refer to those who are principally engaged in the business of exporting goods and merchandise, as well as manufacturers and producers whose goods or products are both sold domestically and abroad. The amount of export sales shall be excluded from the total sales and shall be subject to the rates not exceeding one half (1/2) of the rates prescribed under paragraphs (a), (b) and (d) of this Article.
(d) On retailers,
Gross Sales/Receipts Rate of Tax
For the Preceding Year Per Annum
P400,000.00 or less 2%
more than P400,000.00 1%
The rate of two percent (2%) per annum shall be imposed on sales not exceeding Four Hundred Thousand Pesos (P400,000.00), while the rate of one percent (1%) per annum shall be imposed on sales in excess of the first Four Hundred Thousand Pesos (P400,000.00).
Barangays, however, shall have the exclusive power to levy taxes, as provided under Article 241 (a) of this Rule, on gross sales or receipts of the preceding calendar year of Fifty Thousand Pesos (P50,000.00) or less, in the case of cities, and Thirty Thousand Pesos (P30,000.00) or less, in the case of municipalities.
(e) On contractors and other independent contractors, in accordance with the following schedule:
P5,000.00 or more but less than 10,000.00 61.60
2,000,000.00 or more at a rate not exceeding
fifty percent (50%) of one percent (1%)
(f) On banks and other financial institutions, at rate not exceeding fifty percent (50%) of one percent (1%) on the gross receipts of the preceding calendar year derived from interest, commissions and discounts from lending activities, income from financial leasing, dividends, rentals on property and profit from exchange or sale of property, insurance premium.
All other income and receipts of banks and financial institutions not otherwise enumerated above shall be excluded from the taxing authority of the LGU concerned.
(g) On peddlers engaged in the sale of any merchandise or article of commerce, at a rate not exceeding Fifty Pesos (P50.00) per peddler annually.
Delivery trucks, vans, or motor vehicles used by manufacturers, producers, wholesalers, dealers or retailers enumerated in Article 231 of this Rule shall be exempt from the peddler's tax imposed in this Rule.
(h) On any business, not otherwise specified in the preceding paragraphs which the sanggunian concerned may deem proper to tax provided that on any business subject to the exercise tax, VAT, or percentage tax under the NIRC, as amended, the rate of tax shall not exceed two percent (2%) of gross sales or receipts of the preceding calendar year and provided further, that in line with existing national policy, any business engaged in the production, manufacture, refining, distribution or sale of oil, gasoline, and other petroleum products shall not be subject to any local tax imposed in this Article.
The sanggunian concerned may prescribe a schedule of graduated tax rates but in no case to exceed the rates prescribed in this Article.
ARTICLE 233. Fees and Charges. — The municipality may impose and collect such reasonable fees and charges on businesses and occupations and, except as reserved to the province in Article 229 of this Rule, on the practice of any profession or calling before any person may engage in such business or occupation, or practice such profession or calling provided that such fees or charges shall only be commensurate to the cost of issuing the license or permit and the expenses incurred in the conduct of the necessary inspection or surveillance.
No such fee or charge shall be based on capital investment or gross sales or receipts of the person or business liable therefore.
ARTICLE 234. Fees for Sealing and Licensing of Weights and Measures. — (a) The municipality may levy fees for the sealing and licensing of weights and measures at such reasonable rates as shall be prescribed by the sangguniang bayan.
(b) The sangguniang bayan shall enact an appropriate ordinance prescribing the necessary regulations for the use of weights and measures which shall be in accordance with such guidelines as may be prescribed by the Department of Science and Technology. The ordinance enacted for the purpose shall also prescribe the penalties for violations, fraudulent practices, and unlawful possession or use of instruments of weights and measures including the criminal penalty therefore in accordance with Article 280 of this Rule provided, however, that the sangguniang bayan concerned may authorize the municipal treasurer to settle an offense not involving the commission of fraud before a case therefore is filed in court, upon payment of a compromise penalty of not less than Two Hundred Pesos (P200.00).
(c) The ordinance of the sangguniang bayan may also embody such sanctions as may be deemed appropriate relative to the use of any weight or measure not properly sealed or licensed in accordance with paragraph (b) of this Article, such as the confiscation of said illegal weight or measure, or the revocation of the permit or license of the business, and/or the filing of appropriate charges against the owner or operator of the business.
ARTICLE 235. Fishery Rentals, Fees, and Charges. — (a) Municipalities shall have the exclusive authority to grant fishery privileges in the municipal waters and impose rentals, fees, or charges therefore in accordance with the provisions of this Article.
(b) The sangguniang bayan may:
(1) Grant fishery privileges to erect fish corrals, oyster, mussel, or other aquatic beds or bangus fry areas, within a definite zone of the municipal waters, as determined by the sangguniang bayan. The sangguniang bayan may require the conduct of a public bidding provided that duly registered organizations and cooperatives of marginal fishermen shall have the preferential right to such fishery privileges without being required to undergo the bidding and provided further that in the absence of such organizations and cooperatives or failure to exercise their preferential right, other parties may participate in the said public bidding in conformity with this provision.
(2) Grant the privilege to gather, take or catch bangus fry, prawn fry, or kawag-kawag or fry of other species and fish from the municipal waters by nets, traps or other fishing gears to marginal fishermen free of any rental, fee, charge, or any other imposition whatsoever.
(3) Issue licenses for the operation of fishing vessels of three (3) tons or less for which purpose the sangguniang bayan shall promulgate rules and regulations regarding the issuances of such licenses to qualified applicants under existing laws provided, however, that the sangguniang bayan concerned shall, by appropriate ordinance, penalize the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing and prescribe a criminal penalty therefore in accordance with the provisions of this Rule and provided further that the sangguniang bayan concerned shall have the authority to prosecute any violation of the provisions of applicable fishery laws.
ARTICLE 236. Rates of Tax in Municipalities Within the Metropolitan Manila Area. — (a) The municipalities within MMA may levy the taxes on businesses enumerated in Article 233 of this Rule at rates which shall not exceed by fifty percent (50%) the maximum rates prescribed for said businesses.
(b) The said municipalities within MMA, pursuant to Article 275 of this Rule, may levy and collect the taxes which may be imposed by the province under Article 225, 226, 227, 228, 229, 230 and 231 of this Rule at rates not exceeding those prescribed therein.
ARTICLE 237. Scope of Taxing and Other Revenue-Raising Powers of Cities. — The city may:
(a) Levy and collect any of the taxes, fees, charges and other impositions that the province and the municipality may impose. The rates of taxes that the city may levy may exceed the maximum rates allowed for the province or municipality by not more than fifty percent (50%) except the rates of professional and amusement taxes; and
(b) Levy and collect a percentage tax on any business not otherwise specified under paragraphs (a) to (g), Article 233 of this Rule, at rates not exceeding three percent (3%) of the gross sales or receipts of the preceding calendar year.
ARTICLE 238. Uniform Tax Rates. — The rates of the following taxes shall be uniform for the city and the province:
(a) Professional tax under Article 229 of this Rule which shall not exceed Three Hundred Pesos (P300.00); and
(b) Amusement tax on paid admission under Article 230 of this Rule, the rate of which shall not be more than thirty percent (30%) of the gross receipts from admission fees.
ARTICLE 239. Sharing of Tax on Sand, Gravel, and Other Quarry Resources. — The proceeds of the tax on sand, gravel and other quarry resources in highly-urbanized cities shall be distributed as follows:
Highly urbanized city — Sixty percent (60%)
Barangay where the sand, gravel, and other quarry resources are extracted — Forty percent (40%)
PART V
ARTICLE 240. Scope of Taxing and Other Revenue-Raising Powers of Barangays. — The barangays may levy the following taxes, fees, and charges, which shall exclusively accrue to them.
(a) Taxes on stores or retailers with fixed business establishments with gross sales or receipts of the preceding calendar year of Fifty Thousand Pesos (P50,000.00) or less, in the case of a barangay within a city, and Thirty Thousand Pesos (P30,000.00) or less, in the case of a barangay within a municipality, at rates not exceeding one percent (1%) on such gross sales or receipts.
(b) Service fees or charges for services rendered in connection with the regulation or the use of barangay-owned properties or service facilities such as palay, copra, or tobacco dryers.
(c) Fee for the issuance of a barangay clearance for any business or activity located or conducted within the territorial jurisdiction of the barangay before the city or municipality may issue a license or permit to said business or activity.
The application for barangay clearance shall be acted upon within seven (7) working days from the filing thereof. In the event that a clearance is not issued or the application is denied within the said period, the city or municipality may issue the license or permit to the applicant.
The issuance of a barangay clearance shall not be required during CY 1992 in the case of existing businesses or activities applying only for renewal of their respective permits or licenses with the city or municipality concerned.
(d) Other fees and charges on:
(1) Commercial breeding of fighting cocks.
For purposes of imposing barangay fees and charges on the commercial breeding of fighting cocks, commercial breeding shall mean an annual sale of more than five (5) fighting cocks of a duly registered breeder.
(2) Cockfights and cockpits
(3) Places of recreation which charge admission fees.
Places of recreation shall include places of amusement where one seeks admission to entertain himself by seeing or viewing the show or performance or those where one amuses himself by direct participation.
(4) Billboards, signboards, neon signs, and outdoor advertisements at rates not less than the following:
(i) Billboards or signboards for advertisement of business, per square meter or fraction thereof:
Single-Faced — Ten Pesos (P10.00)
Double-Faced — Twenty Pesos (P20.00)
(ii) Billboards or signs for professionals, per square meter or fraction thereof: Eight Pesos (P8.00)
(iii) Billboards, signs, or advertisements for business and professions painted on any building or structures or otherwise separated or detached therefrom, per square meter thereof: Nine Pesos (P9.00)
(iv) Advertisement for business or professions by means of slides in movies payable by the advertisers: One Hundred Pesos (P100.00)
(v) Advertisements by means of vehicles, balloons, kites, etc. per day or fraction thereof: Forty Pesos (P40.00); per week or fraction thereof: Sixty Pesos (P60.00); and per month or fraction thereof: Eighty Pesos (P80.00).
For the use of electric or neon lights in billboards under items (i) to (iv) above, the amount of Ten Pesos (P10.00) per square meter or fraction thereof shall be imposed in addition to the above prescribed rates.
(vi) Signs, signboards, billboards, advertisements, including stickouts, streamers, lighted signs, and other electronic media, posters, privilege panels, stone signs, placards, price strips, buntings, and the like, belonging to manufacturers or producers or professionals, but displayed at the place where a business or profession is conducted, or displayed on delivery or other service and public utility vehicles, shall be exempt from such fees or charges provided in paragraphs (i) and (ii) above and other impositions that may be imposed by the barangay.
(vii) Privilege panels shall be subject to one half (1/2) of the rates herein prescribed.
(viii) For purposes of this Article, the new rates to be adopted by the barangay shall apply only to billboards, privilege panels, signs, and outdoor advertisements which shall be constructed or installed after the effectivity of the Code.
PART VI
ARTICLE 241. Retirement of Business. — (a) Any person natural or juridical, subject to the tax on businesses under Article 233 of this Rule shall, upon termination of the business, submit a sworn statement of the gross sales or receipts for the calendar year.
For purposes hereof, termination shall mean that business operations are stopped completely. Any change in ownership, management and/or name of the business shall not constitute termination as contemplated in this Article. Unless stated otherwise, assumption of the business by any new owner or manager or registration of the same business under a new name will only be considered by the LGU concerned for record purposes in the course of the renewal of the permit or license to operate the business.
The local treasurer concerned shall see to it that the payment of taxes of a business is not avoided by simulating the termination or retirement thereof. For this purpose, the following procedural guidelines shall be strictly observed:
(1) The local treasurer shall assign every application for the termination or retirement of business to an inspector in his office who shall go to the address of the business on record to verify if it is really no longer operating. If the inspector finds that the business is simply placed under a new name, manager and/or new owner, the local treasurer shall recommend to the mayor the disapproval of the application for the termination or retirement of said business. Accordingly, the business continues to become liable for the payment of all taxes, fees, and charges imposed thereon under existing local tax ordinances; and
(2) In the case of a new owner to whom the business was transferred by sale or other form of conveyance, said new owner shall be liable to pay the tax or fee for the transfer of the business to him if there is an existing ordinance prescribing such transfer tax.
(b) If it is found that the retirement or termination of the business is legitimate, and the tax due therefrom be less than the tax due for the current year based on the gross sales or receipts, the difference in the amount of the tax shall be paid before the business is considered officially retired or terminated.
(c) The permit issued to a business retiring or terminating its operations shall be surrendered to the local treasurer who shall forthwith cancel the same and record such cancellation in his books.
ARTICLE 242. Related or Combined Businesses. — (a) The conduct or operation of two or more related businesses provided in Article 233 of this Rule by any one person, natural or juridical, shall require the issuance of a separate permit or license to each business.
(b) If a person conducts or operates two (2) or more related businesses which are subject to the same rate of imposition, the tax shall be computed on the basis of the combined total gross sales or receipts of the said two (2) or more related businesses.
(c) If, however, the businesses operated by one person are governed by separate tax schedules or the rates of the taxes are different, the taxable gross sales or receipts of each business shall be reported independently and the tax thereon shall be computed on the basis of the appropriate schedule.
ARTICLE 243. Situs of the Tax. — (a) Definition of Terms —
(1) Principal Office — the head or main office of the business appearing in the pertinent documents submitted to the Securities and Exchange Commission, or the Department of Trade and Industry, or other appropriate agencies, as the case may be.
The city or municipality specifically mentioned in the articles of incorporation of official registration papers as being the official address of said principal office shall be considered as the situs thereof.
In case there is a transfer or relocation of the principal office to another city or municipality, it shall be the duty of the owner, operator or manager of the business to give due notice of such transfer or relocation to the local chief executives of the cities or municipalities concerned within fifteen (15) days after such transfer or relocation is effected.
(2) Branch or Sales Office — a fixed place in a locality which conducts operations of the business as an extension of the principal office. Offices used only as display areas of the products where no stocks or items are stored for sale, although orders for the products may be received thereat, are not branch or sales offices as herein contemplated. A warehouse which accepts orders and/or issues sales invoices independent of a branch with sales office shall be considered as a sales office.
(3) Warehouse — a building utilized for the storage of products for sale and from which goods or merchandise are withdrawn for delivery to customers or dealers, or by persons acting in behalf of the business. A warehouse that does not accept orders and/or issue sales invoices as aforementioned shall not be considered a branch or sales office.
(4) Plantation — a tract of agricultural land planted to trees or seedlings whether fruit bearing or not, uniformly spaced or seeded by broadcast methods or normally arranged to allow highest production. For purposes of this Article, inland fishing ground shall be considered as plantation.
(5) Experimental Farms — agricultural land utilized by a business or corporation to conduct studies, tests, researches or experiments involving agricultural, agribusiness, marine, or aquatic, livestock, poultry, dairy and other similar products for the purpose of improving the quality and quantity of goods or products.
On-site sales of commercial quantity made in experimental farms shall be similarly imposed the corresponding tax under Article 233 and allocated in paragraph (b) of this Article.
(b) Sales Allocation —
(1) All sales made in a locality where there is a branch or sales office or warehouse shall be recorded in said branch or sales office or warehouse and the tax shall be payable to the city or municipality where the same is located.
(2) In cases where there is no such branch, sales office, or warehouse in the locality where the sale is made, the sale shall be recorded in the principal office along with the sales made by said principal office and the tax shall accrue to the city or municipality where said principal office is located.
(3) In cases where there is a factory, project office, plant or plantation in pursuit of business, thirty percent (30%) of all sales recorded in the principal office shall be taxable by the city or municipality where the principal office is located and seventy percent (70%) of all sales recorded in the principal office shall be taxable by the city or municipality where the factory, project office, plant or plantation is located. LGUs where only experimental farms are located shall not entitled to the sales allocation provided in this subparagraph.
(4) In case of a plantation located in a locality other than that where the factory is located, the seventy percent (70%) sales allocation shall be divided as follows:
(i) Sixty percent (60%) to the city or municipality where the factory is located; and
(ii) Forty percent (40%) to the city or municipality where the plantation is located.
(5) In cases where there are two (2) or more factories, project offices, plants or plantations located in different localities, the seventy percent (70%) sales allocation shall be prorated among the localities where such factories, project offices, plants, and plantations are located in proportion to their respective volumes of production during the period for which the tax is due. In the case of project offices of service and other independent contractors, the term production shall refer to the cost of projects actually undertaken during the tax period.
(6) The sales allocation in paragraph (b) hereof shall be applied irrespective of whether or not sales are made in the locality where the factory, project office, plant or plantation is located. In case of sales made by the factory, project office, plant or plantation, the sale shall be covered by subparagraphs (1) or (2) above.
(7) In case of manufacturers or producers which engage the services of an independent contractor to produce or manufacture some of their products, these rules on situs of taxation shall apply except that the factory or plant and warehouse of the contractor utilized for the production and storage of the manufacturers' products shall be considered as the factory or plant and warehouse of the manufacturer.
(c) Port of Loading — The city or municipality where the port of loading is located shall not levy and collect the tax imposable in Article 233 of this Rule unless the exporter maintains in said city or municipality its principal office, a branch, sales office or warehouse, factory, plant, or plantation in which case, the rule on the matter shall apply accordingly.
(d) Sales made by route trucks, vans, or vehicles —
(1) For route sales made in a locality where a manufacturer, producer, wholesaler, retailer or dealer has a branch or sales office or warehouse, the sale are recorded in the branch, sales office or warehouse and the tax due thereon is paid to the LGU where such branch, sales office or warehouse is located.
(2) For route sales made in a locality where a manufacturer, producer, wholesaler, retailer or dealer has no branch, sales office or warehouse the sales are recorded in the branch, sales office or warehouse from where the route trucks withdraw their products for sale, and the tax due on such sales is paid to the LGU where such branch, sales office or warehouse is located.
(3) Based on subparagraphs (1) and (2) above, LGUs where route trucks deliver merchandise cannot impose any tax on said trucks except the annual fixed tax authorized to be imposed by the province in Article 231 of this Rule on every delivery truck or van or any motor vehicle used by manufacturers, producers, wholesalers, dealers, or retailers, in the delivery or distribution of distilled spirits, fermented liquors, soft drinks, cigars and cigarettes, and other products as may be determined by the sangguniang panlalawigan, and by the city, pursuant to Article 223 of this Rule.
(4) In addition to this annual fixed tax, cities may also collect from same manufacturers, producers, wholesalers, retailers, and dealers using route trucks a mayor's permit fee which shall be imposed in a local tax ordinance pursuant to Article 234 in relation to Article 223 of this Rule.
Common Revenue-Raising Powers
ARTICLE 244. Common Revenue-Raising Powers. — Provinces, cities, municipalities, and barangays:
(a) May impose and collect fees and service or user charges for any service rendered by LGUs in an amount reasonably commensurate to such service provided that no service charge shall be based on capital investments or gross sales or receipts of the persons or business liable therefore.
(b) Shall exercise the power to collect charges for services rendered by LGUs in connection with the operation of public utilities owned, operated, and maintained by them at rates to be fixed by the sanggunian concerned.
LGUs may prescribe the terms and conditions, through an appropriate ordinance enacted by their sanggunians, for the use of any public road, pier or wharf, waterway, bridge, or ferry or telecommunication system, funded and constructed by them, and fix reasonable toll fees and service charges for the use thereof provided that the following persons shall be exempted from the payment of said toll fees and charges:
(1) Officers and enlisted men of the Armed Forces of the Philippines and members of the Philippine National Police on mission;
(2) Post Office personnel delivering mail;
(3) Persons who are physically handicapped; and
(4) Disabled citizens who are sixty-five (65) years or older.
(c) The collection of toll fees and charges may be discontinued by the sanggunian concerned when public safety and welfare so requires.
ARTICLE 245. Community Tax. — Cities or municipalities may levy an annual community tax in lieu of the residence tax formerly levied and collected in Sec. 38 of PD 231, as amended. Accordingly, all cities and municipalities shall enact for the purpose, a tax ordinance to take effect as of January 1, 1992.
For purposes of enactment of a local tax ordinance levying a community tax, the conduct of a public hearing provided in Article 259 of this Rule shall no longer be required.
ARTICLE 246. Levy or Imposition. — The levy or imposition of community tax by a city or municipality shall be governed by the following rules and guidelines:
(a) Individuals liable to the payment of community tax —
(1) Every inhabitant of the Philippines eighteen (18) years of age or over who has been regularly employed on a wage or salary basis for at least thirty (30) consecutive working days during any calendar years;
(2) An individual who is engaged in business or occupation;
(3) An individual who owns real property with an aggregate assessed value of One Thousand Pesos (P1,000.00) or more;
(4) An individual who is required by law to file an income tax return.
(b) Rate of community tax payable by individuals —
(1) The rate of community tax that may be levied and collected from said individuals shall be Five Pesos (P5.00) plus an additional tax of One Peso (P1.00) for every One Thousand Pesos (P1,000.00) of income regardless of whether from business, exercise of profession, or from property but which in no case shall exceed Five Thousand Pesos (P5,000.00).
(2) In case of husband and wife, each of them shall be liable to pay the basic tax of Five Pesos (P5.00), but the additional tax imposable on the husband and wife shall be One Peso (P1.00) for every One Thousand Pesos (P1,000.00) of income from the total property owned by them and/or the total gross receipts or earnings derived by them.
(c) Juridical persons liable to the payment of community tax — Every corporation, no matter how created or organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall pay community tax of Five Hundred Pesos (P500.00) and an additional tax, which, in no case, shall exceed Ten Thousand Pesos (P10,000.00) in accordance with the following schedule:
(1) For every Five Thousand Pesos (P5,000.00) worth of real property in the Philippines owned by the juridical entity during the preceding year, based on the assessed value used for the payment of the real property tax under existing laws — Two pesos (P2.00); and
(2) For every Five Thousand Pesos (P5,000.00) of gross receipts or earnings derived from the business in the Philippines during the preceding year — Two pesos (P2.00).
The dividends received by a corporation from another corporation shall, for the purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.
(d) Exemptions — The following are exempt from the payment of community tax:
(1) Diplomatic and consular representatives; and
(2) Transient visitors when their stay in the Philippines does not exceed three (3) months.
(e) Place of Payment —
(1) Community tax shall be paid in the city or municipality where the residence of the individual is located, or in the city or municipality where the principal office of the juridical entity is located.
(2) It shall be unlawful for any city or municipal treasurer to collect community tax outside the territorial jurisdiction of the city or the municipality.
(3) In case of branch, sales office or warehouse where sales are made and recorded, corresponding community tax shall be paid to the LGU where such branch, sales office or warehouse is located.
(4) Any person, natural or juridical, who pays community tax to a city or municipality other than the city or municipality where his residence, or principal office in the case of juridical persons, is located shall remain liable to pay such tax to the city or municipality concerned.
(f) Time for Payment —
(1) Community tax shall accrue on the first (1st) day of January of each year and shall be paid not later than the last day of February of each year.
(2) If a person reaches the age of eighteen (18) years or otherwise loses the benefit of exemption on or before the last day of June, he shall be liable for the payment of community tax on the day he reaches such age or upon the day the exemption on or before the last day of March, he shall have twenty (20) days within which to pay the community tax without becoming delinquent.
(3) Persons who come to reside in the Philippines or reach the age of eighteen (18) years on or after the first (1st) day of July of any year, or who cease to belong to an exempt class on or after the same date, shall not be subject to community tax for that year.
(4) Corporations established and organized on or before the last day of June shall be liable for the payment of community tax for that year. Corporations established and organized on or before the last day of March shall have twenty (20) days within which to pay the community tax without becoming delinquent. Corporations established and organized on or after the first day of July shall not be subject to community tax for that year.
(g) Penalties for the payment — If the tax is not paid within the prescribed period, there shall be added to the unpaid amount an interest of twenty-four percent (24%) per annum from the due date until it is paid.
ARTICLE 247. Community Tax Certificate. — A community tax certificate shall be issued to every person or corporation upon payment of community tax. A community tax certificate may also be issued to any person or corporation not subject to community tax upon payment of One Peso (P1.00).
ARTICLE 248. Presentation of Community Tax Certificate. — (a) When an individual subject to community tax acknowledges any document before a notary public, takes the oath of office upon election or appointment to any position in the government service; receives any license, certificate, or permit from any public authority; pays any tax or fee; receives any money from any public fund; transacts other official business; or receives any money from any public fund; transacts other official business; or receives any salary or wage from any person or corporation, it shall be the duty of any person, officer, or corporation with whom such transaction is made or business done or from whom any salary or wage is received to require such individual to exhibit the community tax certificate.
The presentation of community tax certificate shall not be required for the registration of a voter.
(b) When, through its authorized officers, any corporation subject to community tax receives any license, certificate, or permit from any public authority, pays any tax or fee, receives money from public funds, or transacts other official business, it shall be the duty of the public official with whom such transaction is made or business done, to require such corporation to exhibit the community tax certificate.
(c) The community tax certificate required in the two preceding paragraphs shall be the one issued for the current year, except for the period from January until the fifteenth (15th) of April each year, in which case, the certificate issued for the preceding year shall suffice.
ARTICLE 249. Printing of Community Tax Certificates and Distribution of Proceeds. — The Bureau of Internal Revenue (BIR) shall cause the printing of community tax certificates and distribute the same to the cities and municipalities through the city and municipal treasurers in accordance with prescribed regulations. To facilitate distribution, the BIR may send on consignment to the provincial treasurers blank forms of the community tax certificates and the municipal treasurers of the province shall secure through the provincial treasurer, their respective requirements. The city or municipal treasurer concerned shall remit to the National Treasurer, for the account of the BIR, the share of the National Government in the proceeds of the tax, representing the cost of printing and distribution, within ten (10) days after the end of each quarter. In cases where the certificates were secured or requisitioned from the provincial treasurer, the municipal treasurers shall remit payments to the provincial treasurer who shall, in turn, effect the remittance to the National Treasurer as required.
ARTICLE 250. Collection of Community Tax by the Barangay Treasurer. — The tax ordinance levying the community tax shall authorize the city or municipal treasurer to deputize the barangay treasurers to collect the community tax in their respective jurisdictions. Such deputation shall be limited to the community tax payable by individual taxpayers and shall be extended only to barangay treasurers who are properly bonded in accordance with applicable laws.
ARTICLE 251. Allocation of Proceeds of Community Tax. — The proceeds of community tax actually and directly collected by the city or municipal treasurer shall accrue entirely to the general fund of the city or municipality concerned. The proceeds of community tax collected through the barangay treasurers shall be apportioned as follows:
(a) Fifty percent (50%) shall accrue to the general fund of the city or municipality concerned; and
(b) Fifty percent (50%) shall accrue to the barangay where the tax is collected.
ARTICLE 252. Authority to Use Blank Forms of Residence Certificates. — The city and municipal treasurer shall be authorized to use for the year 1992 blank forms of residence certificates still in their stock, pending the distribution by the BIR of the new form for the community tax certificate provided that:
(a) The word residence shall be cancelled and in its place, the word community shall be superimposed;
(b) The maximum amount of additional tax payable by individual and corporate taxpayers shall be changed from P3,000.00 to P5,000.00 and from P6,000.00 to P10,000.00, respectively, in accordance with the schedule provided in Article 247 of this Rule.
(c) Corresponding reports as to quantity and serial numbers of old blank forms used during Calendar Year 1992 shall be submitted by the city and municipal treasurers to the BIR pursuant to applicable rules and regulations.
PART IX
Collection of Taxes
ARTICLE 253. Tax Period and Manner of Payment. — Unless otherwise provided in this Rule, the tax period of all local taxes, fees, and charges shall be the calendar year. Such taxes, fees, and charges may be paid in quarterly installments as may be provided in the tax ordinance.
ARTICLE 254. Accrual of Tax. — Unless otherwise provided herein, local taxes, fees, and charges shall accrue on the first (1st) day of January of each year as regards tax subjects then liable therefore, but an entirely new tax, fee or charge, or charges in the rates of existing taxes, fees, or charges, shall accrue on the first day of the quarter next following the effectivity of the ordinance imposing such new levies or rates.
ARTICLE 255. Time of Payment. — Unless otherwise specifically provided in this Rule, all local taxes, fees, and charges due and accruing to the LGUs shall be paid within the first twenty (20) days of January or of each subsequent quarter, as the case may be. The sanggunian concerned may, for a justifiable reason or cause, extend the time for payment of such taxes, fees, or charges without surcharges or penalties, but only for a period not exceeding six (6) months.
ARTICLE 256. Surcharges and Penalties on Unpaid Taxes, Fees, or Charges. — The sanggunian may impose a surcharge not exceeding twenty-five percent (25%) of the amount of taxes, fees, or charges not paid on time and an interest at the rate not exceeding two percent (2%) per month of the unpaid taxes, fees, or charges including surcharges, until such amount is fully paid but in no case shall the total interest on the unpaid amount or portion thereof exceed thirty-six (36) months.
ARTICLE 257. Interests on Other Unpaid Revenues. — Where the amount of any other revenue due an LGU, except voluntary contributions or donations, is not paid on the date fixed in the ordinance, or in the contract, expressed or implied, or upon the occurrence of the event which has given rise to its collection, there shall be collected as part of that amount an interest thereon at the rate not exceeding two percent (2%) per month from the date it is due until it is paid, but in no case shall the total interest on the unpaid amount or a portion thereof exceed thirty-six (36) months.
ARTICLE 258. Collection of Local Revenues. — All local taxes, fees, and charges shall be collected by the provincial, city, municipal, or barangay treasurer, or their duly authorized deputies.
The provincial, city, or municipal treasurer may designate the barangay treasurer as his deputy to collect local taxes, fees, or charges. In case a bond is required for the purpose, the provincial, city, or municipal government shall pay the premium thereon in addition to the premiums of bond that may be required under these Rules.
ARTICLE 259. Examination of Books of Accounts and Pertinent Records of Businessmen. — (a) For purposes of implementing this Article, only the treasurer of the LGU imposing the tax, fee, or charge, may examine the books of accounts and pertinent records of businessmen in order to ascertain, assess, and collect the correct amount of taxes, fees, and charges.
(b) The provincial, city, municipal, or barangay treasurer may, by himself or through any of his deputies duly authorized in writing, examine the books, accounts, and other pertinent records of any person, partnership, corporation, or association subject to local taxes, fees, and charges.
(c) The examination shall be made during regular business hours not oftener than once a year for every tax period, which shall be the year immediately preceding the examination, and shall be certified by the examining official. Such certification shall be made of record in the books of accounts of the taxpayer examined.
(d) In case the examination is made by a duly authorized deputy of the local treasurer, the written authority of the deputy concerned shall specifically state the name, address, and business of the taxpayer whose books, accounts, and pertinent records are to be examined, the date and place of such examination, and the procedure to be followed in conducting the same.
(e) For this purpose, the records of the revenue district office of the BIR shall be made available to the local treasurer, his deputy or duly authorized representative.
(f) The Secretary of Finance shall prescribe the necessary forms to be used and such guidelines which may be deemed necessary for the proper and effective implementation of this Article.
PART X
Civil Remedies for Collection of Revenues
ARTICLE 260. Application. — The provisions of Part Ten of this Rule and the remedies herein provided may be availed of for the collection of any delinquent local tax, fee, charge, or other revenues.
ARTICLE 261. Local Government's Lien. — Local taxes, fees, charges, and other revenues constitute a lien, superior to all liens, charges, or encumbrances in favor of any person, enforceable by appropriate administrative or judicial action, not only upon any property or rights therein which may be subject to the lien but also upon property used in business, occupation, practice of profession or calling, or exercise of privilege with respect to which the lien is imposed. The lien may only be extinguished upon full payment of the delinquent local taxes, fees, and charges including related surcharges and interests.
ARTICLE 262. Civil Remedies. — The civil remedies for the collection of local taxes, fees, or charges, and related surcharges and interests resulting from delinquencies shall be:
(a) By administrative action through distraint of goods, chattels, or effects, and other personal property of whatever character, including stocks and other securities, debts, credits, bank accounts, and interest in and rights to personal property, and by levy upon real property and interest in or rights to real property; and
(b) By judicial action.
Either of these two (2) remedies or both may be pursued concurrently or simultaneously at the discretion of the LGU concerned.
ARTICLE 263. Distraint of Personal Property. — The remedy by distraint shall proceed as follows:
(a) Seizure — Upon failure of the person owing any local tax, fee, or charge to pay the same at the time required, the local treasurer or his deputy may, upon written notice, seize or confiscate any personal property belonging to that person or any personal property subject to the lien in sufficient quantity to satisfy the tax, fee, or charge in question, together with any increment thereto incident to delinquency and the expenses of seizure. In such case, the local treasurer or his deputy shall issue a duly authenticated certificate based upon the records of his office showing the fact of delinquency and the amounts of the tax, fee, or charge and penalty due. Such certificate shall serve as sufficient warrant for the distraint of personal property aforementioned, subject to the taxpayer's right to claim exemption under the provisions of applicable laws. Distrained personal property shall be sold at public auction in the manner provided in this Rule.
(b) Accounting of distrained goods — The officer executing the distraint shall make or cause to be made an account of the goods, chattels, or effects distrained, a copy of which signed by himself shall be left either with the owner or person from whose possession the goods, chattels, or effects are taken, or at the dwelling or place of business of that person and with someone of suitable age and discretion, to which list shall be added a statement of the sum demanded and a note of the time and place of sale.
(c) Publication — The officer shall forthwith cause a notification to be exhibited in not less than three (3) public and conspicuous places in the territory of the LGU where the distraint is made, specifying the time and place of sale, and the articles distrained. The time of sale shall not be less than twenty (20) days after notice to the owner or possessor of the property as above specified and the publication or posting of the notice. One place for the posting of the notice shall be at the office of the chief executive of the LGU in which the property is distrained.
(d) Release of distrained property upon payment prior to sale — If at any time prior to the consummation of the sale, all the proper charges are paid to the officer conducting the sale, the goods or effects distrained shall be restored to the owner.
(e) Procedure of sale — At time and place fixed in the notice, the officer conducting the sale shall sell the goods or effects so distrained at public auction to the highest bidder for cash. Within five (5) days after the sale, the local treasurer shall make a report of the proceedings in writing to the local chief executive concerned.
Should the property distrained be not disposed of within one hundred and twenty (120) days from the date of distraint, the same shall be considered as sold to the LGU concerned for the amount of the assessment made thereon by the committee on appraisal and to the extent of the same amount, the tax delinquencies shall be cancelled.
The committee on appraisal shall be composed of the city or municipal treasurer as chairman, with a representative of COA and the city or municipal assessor, as members.
(f) Disposition of proceeds — The proceeds of the sale shall be applied to satisfy the tax, including the surcharges, interests, and other penalties incident to delinquency, and the expenses of the distraint and sale. The balance over and above what is required to pay the entire claim shall be returned to the owner of the property sold. The expenses chargeable upon the seizure and sale shall embrace only the actual expenses of seizure and preservation of the property pending the sale, and no charge shall be imposed for the services of the local officer or his deputy. Where the proceeds of the sale are insufficient to satisfy the claim, other property may, in like manner, be distrained until the full
amount due, including all expenses, is collected.
ARTICLE 264. Levy on Real Property. — After the expiration of the time required to pay the delinquent tax, fee, or charge, real property may be levied on, before, simultaneously, after the distraint of personal property belonging to the delinquent taxpayer. The provincial, city or municipal treasurer, as the case may be, shall prepare a duly authenticated certificate showing the name of the taxpayer and the amount of the tax, fee, or charge, and penalty due from him. Such certificate shall operate with the force of a legal execution throughout the Philippines. Levy shall be effected by writing upon said certificate the description of the property upon which levy is made. At the same time, written notice of the levy shall be mailed to or served upon the local assessor and registrar of deeds of the province or city where the property is located who shall annotate the levy on the tax declaration and certificate of title of the property, respectively, and the delinquent taxpayer or, if he be absent from the Philippines, to his agent or the manager of the business in respect to which the liability arose, or if there be none, to the occupant of the property in question.
In case the levy on real property is not issued before or simultaneously with the warrant of distraint on personal property, and the personal property of the taxpayer is not sufficient to satisfy his delinquency, the provincial, city or municipal treasurer, as the case may be, shall within thirty (30) days after execution of the distraint, proceed with the levy on the taxpayer's real property.
A report on any levy shall, within ten (10) days after receipt of the warrant, be submitted by the levying officer to the sanggunian concerned.
ARTICLE 265. Penalty for failure to Issue and Execute Warrant. — Without prejudice to criminal prosecution under the Revised Penal Code and other applicable laws, any local treasurer who fails to issue or execute the warrant of distraint or levy after the expiration of the time prescribed, or who is found guilty of abusing the exercise thereof by competent authority, shall be automatically dismissed from the service after due notice and hearing.
ARTICLE 266. Advertisement and Sale. — Within thirty (30) days after levy, the local treasurer shall proceed to publicly advertise for sale or auction the property or a usable portion thereof as may be necessary to satisfy the claim and cost of sale; and such advertisement shall cover a period of at least thirty (30) days. It shall be effected by posting a notice at the main entrance of the city or municipal hall, and in public and conspicuous places in the barangay where the real property is located, and by publication once a week for three (3) weeks in a newspaper of general circulation in the province, city or municipality where the property is located. The advertisement shall contain the amount of taxes, fees or charges, and penalties due thereon, and the time and place of sale, the name of the taxpayer against whom the taxes, fees, or charges are levied, and a short description of the property to be sold. At any time before the date fixed for the sale, the taxpayer may stay the proceedings by paying the taxes, fees, charges, penalties, and interests. If he fails to do so, the sale shall proceed and shall be held either at the main entrance of the provincial capitol, city or municipal hall, or on the property to be sold, or at any other place as determined by the local treasurer conducting the sale and specified in the notice of sale.
Within thirty (30) days after the sale, the local treasurer or his deputy shall make a report of the sale to the sanggunian concerned, and which shall form part of his records. After consultation with the sanggunian, the local treasurer shall make and deliver to the purchaser a certificate of sale, showing the proceedings of the sale, describing the property sold, stating the name of the purchaser and setting out the exact amount of all taxes, fees, charges, and related surcharges, interests, or penalties provided that any excess in the proceeds of the sale over the claim and cost of sales shall be turned over to the owner of the property. The local treasurer may, by a duly approved ordinance, advance an amount sufficient to defray the costs of collection by means of the remedies provided, in this Rule, including the preservation or transportation, in case of personal property, and the advertisement and subsequent sale, in cases of personal and real property including improvements thereon.
ARTICLE 267. Redemption of Property Sold. — Within one (1) year from the date of sale, the delinquent taxpayer or his representative shall have the right to redeem the property upon payment to the local treasurer of the total amount of taxes, fees, or charges, and related surcharges, interest, or penalties from the date of delinquency to the date of sale, plus interest of not more than two percent (2%) per month on the purchase price from the date of purchase to the date of redemption. Such payment shall invalidate the certificate of sale issued to the purchaser and the owner shall be entitled to a certificate of redemption from the provincial, city, or municipal treasurer or his deputy.
The provincial, city, or municipal treasurer or his deputy, upon surrender by the purchaser of the certificate of sale previously issued to him, shall forthwith return to the latter the entire purchase price paid by him plus the interest of not more than two percent (2%) per month herein provided for, the portion of the cost of sale and other legitimate expenses incurred by him, and said property thereafter shall be free from the lien of such taxes, fees, or charges, related surcharges, interests, and penalties.
The owner shall not be deprived of the possession of said property and shall be entitled to the rentals and other income thereof until the expiration of the time allowed for its redemption .
ARTICLE 268. Final Deed of Conveyance to Purchaser. — In case the taxpayer fails to redeem the property as provided herein, the local treasurer shall execute a deed conveying to the purchaser so much of the property as has been sold, free from liens of any taxes, fees, charges, related surcharges, interests, and penalties. The deed shall succinctly recite all the proceedings upon which the validity of the sale depends.
ARTICLE 269. Purchase of Property by the Local Government Units for Want of Bidder. — In case there is no bidder for the real property advertised for sale as provided herein, or if the highest bid is for an amount insufficient to pay the taxes, fees, or charges, related surcharges, interests, penalties, and costs, the local treasurer conducting the sale shall purchase the property in behalf of the LGU concerned to satisfy the claim and within two (2) days thereafter shall make a report of his proceedings which shall be reflected upon the records of his office. It shall be the duty of the registrar of deeds concerned upon registration with his office of any such declaration of forfeiture to transfer the title of the forfeited property to the LGU concerned without the necessity of an order from a competent court.
Within one (1) year from the date of such forfeiture the taxpayer or any of his representative, may redeem the property by paying to the local treasurer the full amount of the taxes, fees, charges, and related surcharges, interests, or penalties, and the costs of sale. If the property is not redeemed as provided herein, the ownership thereof shall be fully vested on the LGU concerned.
ARTICLE 270. Resale of Real Estate Acquired for Payment of Taxes, Fees, or Charges. — The sanggunian concerned may, by a duly approved ordinance, and upon notice of not less than twenty (20) days, sell and dispose of the real property acquired under the preceding Article at public auction. The proceeds of the sale shall accrue to the general fund of the LGU concerned.
ARTICLE 271. Collection of Delinquent Taxes, Fees, Charges, or Other Impositions through Judicial Action. — The LGU concerned may enforce the collection of delinquent taxes, fees, charges, or other impositions by civil action in any court of competent jurisdiction. The civil action shall be filed by the local treasurer within the period prescribed in Article 285 of this Rule.
ARTICLE 272. Further Distraint or Levy. — The remedies by distraint and levy may be repeated if necessary until the full amount due, including all expenses, is collected.
ARTICLE 273. Personal Property Exempt from Distraint or Levy. — The following property shall be exempt from distraint and the levy, attachment or execution thereof for delinquency in the payment of any local tax, fee, or charge, including related surcharges and interests:
(a) Tools and implements necessarily used by the delinquent taxpayer in his trade or employment:
(b) One (1) horse, cow, carabao, or other beast of burden, such as the delinquent taxpayer may select, and necessarily used by him in his ordinary occupation;
(c) His necessary clothing, and that of all his family;
(d) Household furniture and utensils necessary for housekeeping and used for that purpose by the delinquent taxpayer, such as he may select, of a value not exceeding Ten Thousand Pesos (P10,000.00);
(e) Provisions, including crops, actually provided for individual or family use sufficient for four (4) months;
(f) The professional libraries of doctors, engineers, lawyers and judges;
(g) One (1) fishing boat and net, not exceeding the total value of Ten Thousand Pesos (P10,000.00), by the lawful use of which a fisherman earns his livelihood; and
(h) Any material or article forming part of a house or improvement of any real property.
PART XI
Miscellaneous Provisions
ARTICLE 274. Power to Levy Other Taxes, Fees, or Charges. — LGUs may exercise the power to levy taxes, fees, or charges on any base or subject not otherwise specifically enumerated in this Rule or taxed under the provisions of the NIRC, as amended, or other applicable laws provided that the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory, or contrary to declared national policy provided further that the ordinance levying such taxes, fees, or charges shall not be enacted without prior public hearing conducted for the purpose.
ARTICLE 275. Procedure for Approval and Effectivity of Tax Ordinances and Revenue Measures. — The procedure for approval of local tax ordinances and revenue measures shall be in accordance with the provisions of this Rule provided that public hearings shall be conducted for the purpose prior to the enactment thereof provided further that any question on the constitutionality or legality of tax ordinances or revenue measures may be raised on appeal within thirty (30) days from the effectivity thereof to the Secretary of Justice who shall render a decision within sixty (60) days from the date of receipt of the appeal provided furthermore that such appeal shall not have the effect of suspending the effectivity of the ordinance and the accrual and payment of the tax, fee, or charge levied therein and provided finally that within thirty (30) days after receipt of the decision or the lapse of the sixty-day period without the Secretary of Justice acting upon the appeal, the aggrieved party may file appropriate proceedings with a court of competent jurisdiction.
All tax ordinances or revenue measures shall be numbered consecutively throughout the calendar year and continuously from year to year, using the last two (2) digits of the calendar year in which it is enacted, followed by denominated number. For example, an ordinance is passed in January, 1992, and it is the first ordinance for that year. The ordinance shall be denominated and numbered as Tax Ordinance No. 92-001. The next shall be Tax Ordinance No. 92-002, Tax Ordinance No. 92-003, and so forth.
ARTICLE 276. Publication of Tax Ordinances and Revenue Measures. — (a) Within ten (10) days after their approval, certified true copies of all provincial, city, and municipal tax ordinances or revenue measures shall be published in full for three (3) consecutive days in a newspaper of local circulation provided that in provinces, cities, and municipalities where there are no newspapers of local circulation, the same may be posted in at least two (2) conspicuous and publicly accessible places.
If the tax ordinance or revenue measure contains penal provisions as authorized in Article 280 of this Rule, the gist of such tax ordinance or revenue measure shall be published in a newspaper of general circulation within the province where the sanggunian concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinance or measure shall be made in accessible and conspicuous public places in all municipalities and cities of the province to which the sanggunian enacting the ordinance or revenue measure belongs.
In case the effectivity of any tax ordinance or revenue measure falls on any date other than the beginning of the quarter, the same shall be considered as falling at the beginning of the next ensuing quarter and the taxes, fees, or charges due shall begin to accrue therefrom.
(b) The conduct of public hearings shall be governed by the following procedure:
(1) Within ten (10) days from filing of any proposed tax ordinance or revenue measure, the same shall first be published for three (3) consecutive days in a newspaper of local circulation or shall be posted simultaneously in at least four (4) conspicuous public places within the territorial jurisdiction of the LGU concerned.
(2) In addition to the requirement for publication or posting, the sanggunian concerned shall cause the sending of written notices of the proposed ordinance, enclosing a copy thereof, to the interested or affected parties operating or doing business within the territorial jurisdiction of the LGU concerned.
(3) The notice or notices shall specify the date or dates and venue of the public hearing or hearing. The initial public hearing shall be held not earlier than ten (10) days from the sending out of notice or notices, or the last day of publication, or date of posting thereof, whichever is later.
(4) At the public hearing or hearings, all affected or interested parties shall be accorded an opportunity to appear and present or express their views, comments and recommendations, and such public hearing or hearings shall continue until all issues have been presented and fully deliberated upon and/or consensus is obtained, whether for or against the enactment of the proposed tax ordinance or revenue measure.
(5) The secretary of the sanggunian concerned shall prepare the minutes of such public hearing and shall attach to the minutes the position papers, memoranda, and other documents submitted by those who participated.
(c) No tax ordinance or revenue measure shall be enacted or approved in the absence of a public hearing duly conducted in the manner provided in this Article.
ARTICLE 277. Furnishing of Copies of Tax Ordinance and Revenue Measures. — Copies of all provincial, city, municipal, and barangay tax ordinances and revenue measures shall be furnished the respective local treasurers concerned for public dissemination.
ARTICLE 278. Existing Tax Ordinances or Revenue Measures. — (a) All existing tax ordinances or revenue measures of provinces, cities, municipalities, and barangays imposing taxes, fees, or charges shall continue to be in force and effect after the effectivity of the Code, except those imposing levies on tax bases or tax subjects which are no longer within the taxing and revenue-raising powers of the LGU concerned and where the rates levied in the tax ordinance are higher than the taxes, fees, or charges prescribed in this Rule in which case, the lower rates shall be collected.
(b) In case of failure of the sanggunian to amend or revoke tax ordinances or revenue measures inconsistent with, or in violation of the provisions of this Rule, the same shall be deemed rescinded upon the effectivity of the Code and these Rules.
ARTICLE 279. Penalties for Violation of Tax Ordinances. — The sanggunian of an LGU is authorized to prescribe imprisonment of fines or other penalties for violation of tax ordinances but in no case shall such imprisonment be less than one (1) month nor more than six (6) months or such fine be less than One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or both such imprisonment or fine, at the discretion of the court. The sanggunian barangay may prescribe a fine of not less than One Hundred Pesos (P100.00) nor more than One Thousand Pesos (P1,000.00).
ARTICLE 280. Attempt to Enforce Void or Suspended Tax Ordinances and Revenue Measures. — Enforcement of any tax ordinance or revenue measure after due notice of the disapproval or suspension thereof shall be a sufficient ground for administrative disciplinary action against the local officials and employees responsible therefore. Any attempt to enforce any tax ordinance or revenue measure deemed rescinded by operation of law, or the effectivity of which has been suspended, or the passage of which has been declared illegal, shall subject the local officials and employees responsible therefore to administrative disciplinary action.
ARTICLE 281. Authority to Adjust Rates of Taxes. — LGUs shall be authorized to adjust the tax rates prescribed in this Rule not oftener than once every five (5) years, but in no case shall such adjustments exceed ten percent (10%) of the rates fixed in this Rules.
ARTICLE 282. Authority to Grant Tax Exemption Privileges or Incentives. — (a) While sanggunians may grant tax exemption, tax incentive, or tax relief, such grant shall not apply to regulatory fees which are levied under the police power of LGUs. Tax exemptions shall be conferred through the issuance of a tax exemption certificate, which shall be non-transferable.
(b) The sanggunians granting tax exemptions, tax incentives and tax reliefs may be guided by the following:
(1) On the grant of tax exemptions or tax reliefs:
(i) Tax exemption or tax relief may be granted in cases of natural calamities, civil disturbance, general failure of crops, or adverse economic conditions such as substantial decrease in the prices of agricultural or agri-based products;
(ii) The grant of exemption or relief shall be through an ordinance.
(iii) Any exemption or relief granted to a type or kind of business shall apply to all business similarly situated; and
(iv) Any exemption or relief granted shall take effect only during the next calendar year for a period not exceeding twelve (12) months as may be provided in the ordinance. In the case of shared revenues, the exemption or relief shall only extend to the LGU granting such exemption or relief.
(2) On the grant of tax incentives:
(i) The tax incentive shall be granted only to new investments in the locality and the ordinance shall prescribe the terms and conditions therefore;
(ii) The grant of the tax incentive shall be for a definite period not exceeding one (1) calendar year;
(iii) The grant of tax incentives shall be by ordinance passed prior to the first (1st) day of January of any year; and
(iv) Any tax incentive granted to a type or kind of business shall apply to all businesses similarly situated.
ARTICLE 283. Withdrawal of Tax Exemption Privileges or Incentives. — Unless otherwise provided in this Rule, beginning January 1, 1992, all local tax exemption privileges or incentives granted to and presently enjoyed by any person, whether natural or juridical, including GOCCs, are considered withdrawn, except the following:
(a) Local water districts;
(b) Cooperatives duly registered under RA 6938, otherwise known as the Cooperative Code of the Philippines;
(c) Non-stock and non-profit hospitals and educational institutions;
(d) Business enterprises certified by the Board of Investments (BOI) as pioneer or non-pioneer for a period of six (6) and four (4) years, respectively, from the date of registration;
(e) Business entity, association, or cooperatives registered under RA 6810; and
(f) Printer and/or publisher of books or other reading materials prescribed by DECS as school texts or references, insofar as receipts from the printing and/or publishing thereof are concerned.
Unless otherwise repealed by law, business and economic enterprises operating within export processing zones administered by the Export Processing Zone Authority shall continue to enjoy the tax exemption privileges and tax incentives granted in PD 66, as amended.
PART XII
Taxpayer's Remedies
ARTICLE 284. Period of Assessment and Collection. — (a) Local taxes, fees, or charges shall be assessed within five (5) years from the date they become due. No action for the collection of such taxes, fees, or charges, whether administrative or judicial, shall be instituted after the expiration of such period provided that taxes, fees or charges which have accrued before the effectivity of the Code may be assessed within a period of three (3) years from the date they became due.
(b) In case of fraud or intent to evade the payment of taxes, fees, or charges, the same may be assessed within ten (10) years from discovery of the fraud or intent to evade payment.
(c) Local taxes, fees, or charges may be collected within five (5) years from the date of assessment by administrative or judicial action. No such action shall be instituted after the expiration of said period provided that taxes, fees, or charges assessed before the effectivity of the Code may be collected within a period of three (3) years from the date of assessment.
(d) The running of the periods of prescription provided in the preceding paragraphs shall be suspended for the time during which:
(1) The treasurer is legally prevented from making the assessment of collection;
(2) The taxpayer requests re-investigation and executes a waiver in writing before expiration of the period within which to assess or collect; and
(3) The taxpayer is out of the country or otherwise cannot be located.
ARTICLE 285. Protest on Assessment. — When the local treasurer or his duly authorized representative finds that correct taxes, fees, or charges have not been paid, he shall issue a notice of assessment stating the nature of the tax, fee, or charge the amount of deficiency, the surcharges, interests, and penalties. Within sixty (60) days from receipt of the notice of assessment, the taxpayer may file a written protest with the local treasurer contesting the assessment; otherwise, the assessment shall become final and executory. The local treasurer shall decide the protest within sixty (60) days from the time of its filing. If the local treasurer finds the protest to be wholly or partly meritorious, he shall issue a notice cancelling wholly or partially the assessment. If the local treasurer finds the assessment to be wholly or partly correct, he shall deny the protest wholly or partly with notice to the taxpayer.
The taxpayer shall have thirty (30) days from receipt of the denial of the protest or from the lapse of the sixty-day period prescribed in this Article within which to appeal with the court of competent jurisdiction; otherwise, the assessment becomes conclusive and unappealable.
ARTICLE 286. Claim for Refund or Tax Credit. — All taxpayers entitled to a refund or tax credit provided in this Rule shall file with the local treasurer a claim in writing duly supported by evidence of payment (e.g., official receipts, tax clearance, and such other proof evidencing overpayment within two (2) years from payment of the tax, fee, or charge. No case or proceeding shall be entertained in any court without this claim in writing, and after the expiration of two (2) years from the date of payment of such tax, fee, or charge, or from the date the taxpayer is entitled to a refund or tax credit.
The tax credit granted a taxpayer shall not be refundable in cash but shall only be applied to future tax obligations of the same taxpayer for the same business. If a taxpayer has paid in full the tax due for the entire year and he shall have no other tax obligation payable to the LGU concerned during the year, his tax credits, if any, shall be applied in full during the first quarter of the next calendar year on the tax due from him for the same business of said calendar year.
Any unapplied balance of the tax credit shall be refunded in cash in the event that he terminates operation of the business involved within the locality.
ARTICLE 287. Authority of the Secretary of Finance. — The Secretary of Finance shall, in consultation with the leagues of LGUs formulate and prescribe, from time to time, procedures and guidelines as may be necessary for the proper, efficient, and effective implementation of this Rule.
RULE XXXI
Real Property Taxation
ARTICLE 288. Scope. — This Rule shall cover the administration, appraisal, assessment, levy, and collection of real property tax.
ARTICLE 289. Fundamental Principles. — The appraisal, assessment, levy, and collection of real property tax shall be governed by the following fundamental principles:
(a) Real property shall be appraised at its current and fair market value;
(b) Real property shall be classified for assessment purposes on the basis of its actual use;
(c) Real property shall be assessed on the basis of a uniform classification within each LGU;
(d) The appraisal, assessment, levy, and collection of real property tax shall not be let to any private person; and
(e) The appraisal and assessment of real property shall be equitable.
ARTICLE 290. Definition of Terms. —
(a) Acquisition Cost for newly-acquired machinery not yet depreciated and appraised within the year of its purchase, refers to the actual cost of the machinery to its present owner plus the cost of transportation, handling, and installation at the present site;
(b) Actual Use refers to the purpose for which the property is principally or predominantly utilized by the person in possession thereof;
(c) Ad Valorem Tax is a levy on real property determined on the basis of a fixed proportion of the value of the property;
(d) Agricultural Land is land devoted principally to the planting of trees, raising of crops, livestock and poultry, dairying, salt making, inland fishing and similar aquacultural activities and is not classified as mineral, timber, residential, commercial or industrial land;
(e) Appraisal is the act or process of determining the value of property as of a specific date for a specific purpose;
(f) Assessment is the act or process of determining the value of a property, or proportion thereof subject to tax, including the discovery, listing, classification, and appraisal of properties;
(g) Assessment Level is the percentage applied to the fair market value to determine the taxable value of the property;
(h) Assessed Value is the fair market value of the real property multiplied by the assessment level. It is synonymous to taxable value;
(i) Commercial Land is land devoted principally for the object of profit and is not classified as agricultural, industrial, mineral, timber, or residential land;
(j) Depreciated Value is the value remaining after deducting depreciation from the acquisition cost;
(k) Economic Life is the estimated period over which it is anticipated that a machinery or equipment may be profitably utilized;
(l) Fair Market Value is the price at which a property may be sold by a seller who is not compelled to sell and bought by a buyer who is not compelled to buy;
(m) Improvement is a valuable addition made to a property or an amelioration in its condition, which is intended to enhance its value, beauty or utility or to adapt it for new or further purposes, amounting to more than a mere repair or replacement of parts involving capital expenditures and labor and normally requiring a building permit;
(n) Industrial Land is land devoted principally to industrial activity as capital investment and is not classified as agricultural, commercial, timber, mineral, or residential land;
(o) Machinery embraces machines, equipment, mechanical contrivances, instruments, appliances or apparatus, which may or may not be attached, permanently or temporarily to the real property.
Physical facilities for production, installations and appurtenant service facilities, those which are mobile, self-powered, or self-propelled and those not permanently attached to the real property shall be classified as real property provided that:
(1) They are actually, directly, and exclusively used to meet the needs of the particular industry, business, or activity; and
(2) By their very nature and purpose are designed for, or necessary to manufacturing, mining, logging, commercial, industrial, or agricultural purposes.
Machinery which are of general purpose use including but not limited to office equipment, typewriters, telephone equipment, breakable or easily damaged containers (glass or cartons), microcomputers, facsimile machines, telex machines, cash dispensers, furniture and fixtures, freezers, refrigerators, display cases or racks, fruit juice or beverage automatic dispensing machines which are not directly and exclusively used to meet the needs of a particular industry, business or activity shall not be considered within the definition of machinery under this Rule.
Residential machinery shall include machines, equipment, appliances or apparatus permanently attached to residential land and improvements or those immovable by destination.
(p) Mineral Lands are lands in which minerals, metallic or non-metallic, exist in sufficient quantity or grade to justify the necessary expenditures to extract and utilize such materials;
(q) Reassessment is the assigning of new assessed values to property, particularly real estate, as the result of a general, partial, or individual reappraisal of the property;
(r) Remaining Economic Life is the period of time expressed in years from the date of appraisal to the date when the machinery becomes valueless;
(s) Remaining Value is the value corresponding to the remaining useful life of the machinery;
(t) Replacement or Reproduction Cost is the cost that would be incurred on the basis of current prices, in acquiring an equally desirable property, on the basis of current prices with the same or closely similar materials; and
(u) Residential Land is land principally devoted to habitation.
ARTICLE 291. Administration of Real Property Tax. — Provinces and cities, including municipalities within MMA, shall be primarily responsible for the proper, efficient and effective administration of the real property tax, subject to the rules and regulations governing the classification, appraisal and assessment of real property issued by DOF.
The DOF and the province shall exercise the authority to review and examine on a continuing basis property, assessment, and real property tax records to ensure the proper implementation of this Rule and determine compliance with applicable laws, rules and regulations.
ARTICLE 292. Appraisal of Real Property. — Within sixty (60) days from the effectivity of these Rules, DOF shall promulgate rules and regulations and such procedural guidelines as may be necessary for the proper classification, appraisal, and assessment of real property in accordance with the provisions of this Rule.
ARTICLE 293. Declaration of Real Property by the Owner or Administrator. —
(a) All persons, natural or judicial, or their duly authorized representatives, owning or administering real property, including improvements thereon, within a city or a municipality, shall prepare or cause to be prepared, and file with the provincial, city, or municipal assessor, a sworn statement declaring the true value of their property or properties, whether previously declared or undeclared, taxable or exempt, which shall be the current and fair market value of the property as determined by the declarant.
(b) Such declaration shall contain a description of the property sufficient in detail to enable the local assessor or his deputy to identify the same for assessment purposes.
(c) All property owners or administrators or their duly authorized representatives shall file the sworn declaration of real property values once every three (3) years during the period from January 1 to June 30 of the year commencing with Calendar Year 1992.
(d) The DOF shall prescribe a standard form to be known as Sworn Declaration of Property Values for the use of all local assessors' offices, as well as the procedures to be observed in the filing and safekeeping thereof.
The sangguniang panlungsod and sangguniang bayan may enact their respective ordinances providing for the imposition of penalties or pecuniary fines on property owners or administrators who fail to comply with this Article.
ARTICLE 294. Duty of Persons Acquiring Real Property or Making Improvement Thereon. — (a) All persons, natural or juridical, or their duly authorized representatives, who acquire at any time a parcel or parcels of land in any city or municipality, shall file with the provincial, city, or municipal assessor of the locality where the property is located, a sworn statement declaring the true value of subject property within sixty (60) days after the acquisition of such property as evidenced by a duly notarized or final deed of conveyance executed between the contracting parties bearing proof of registration from the registrar of deeds concerned. The sixty-day period shall commence on the date of execution of the deed of conveyance.
(b) In the case of houses, buildings, or other improvements acquired or newly constructed which will require building permits, property owners or their authorized representatives shall likewise file a sworn declaration of the true value of the subject house, building, or other improvement within sixty (60) days after:
(1) The date of a duly notarized final deed of sale, contract, or other deed of conveyance covering the subject property executed between the contracting parties;
(2) The date of completion or occupancy of the newly constructed building, house, or improvement whichever comes earlier; and
(3) The date of completion or occupancy of any expansion, renovation, or additional structures or improvements made upon any existing building, house, or other real property, whichever comes earlier.
(c) In the case of machinery, the sixty-day period for filing the required sworn declaration of property values shall commence on the date of installation thereof as determined by the city or municipal assessor and, for this purpose, said local assessor may secure certification of the building official or engineer or other appropriate official stationed in the province, city, or municipality concerned.
(d) The sangguniang panlalawigan, sangguniang panlungsod, and sangguniang bayan shall enact their respective local ordinances providing for the imposition of penalties or pecuniary fines on property owners or administrators who fail to comply with this Article.
ARTICLE 295. Declaration of Real Property by the Local Assessor. — (a) The local assessor shall declare only real property previously undeclared from taxation purposes.
(b) In the case of real property discovered whose owner or owners are unknown, the provincial, city, or municipal assessor shall likewise declare the same in the name of the Unknown Owner, copy furnished the provincial assessor in the case of declarations made by a component city or municipal assessor, until such time that a person, natural or juridical, comes forth and files the sworn declaration of property values required under either Article 294 or 295 of this Rule, as the case may be.
(c) No oath shall be required of any declaration made by the provincial, city, or municipal assessor.
ARTICLE 296. Listing of Real Property in the Assessment Rolls. —
(a) In every province and city, including the municipalities within MMA, there shall be prepared and maintained by the provincial, city, or municipal assessor an assessment roll wherein all real property, whether taxable or exempt, located within the territorial jurisdiction of the LGU concerned shall be listed. Real property shall be listed, valued, and assessed in the name of the owner or administrator, or anyone having legal interest in the property.
(b) The undivided real property of a deceased person may be listed, valued, and assessed in the name of the estate or of the heirs and devisees without designating them individually; and undivided real property other than that owned by a deceased may be listed, valued, and assessed in the name of one or more co-owners provided, however, that such heir, devisee, or co-owner shall be liable severally and proportionately for all obligations imposed by this Rule and the payment of the real property tax with respect to the undivided property.
(c) The real property of a corporation, partnership, or association shall be listed, valued, and assessed in the same manner as that of an individual.
(d) Real property owned by the Republic of the Philippines, its instrumentalities and political subdivisions, the beneficial use of which has been granted, for consideration or otherwise, to a taxable person, shall be listed, valued, and assessed in the name of the possessor, grantee, or of the public entity if such property has been acquired or held for resale or lease.
ARTICLE 297. Proof of Exemption of Real Property from Taxation. — Every person by or for whom real property is declared, who shall claim tax exemption for such property under this Rule shall file with the provincial, city, or municipal assessor within thirty (30) days from the date of the declaration of real property sufficient documentary evidence in support of such claim including corporate charters, title of ownership, articles of incorporation, by laws, contracts, affidavits, certifications and mortgage deeds, and similar documents.
If the required evidence is not submitted within the period herein prescribed, the property shall be listed as taxable in the assessment roll. If the property shall be proven to be tax exempt, the same shall be dropped from the assessment roll.
ARTICLE 298. Real Property Identification System. — All declarations of real property made under the provisions of this Rule shall be kept and filed under a uniform classification system to be established by the provincial, city, or municipal assessor pursuant to such guidelines as may be issued by DOF for the purpose.
ARTICLE 299. Notification of Transfer of Real Property Ownership. — (a) Any person, natural or juridical, who transfers real property ownership to another shall accordingly notify the provincial, city, or municipal assessor concerned within sixty (60) days from the date of such transfer, which shall be determined on the basis of documents required in Article 294 and 295 of this Rule.
(b) The notice of transfer shall include the mode of conveyance, description of property alienated, and the name and address of the transferee.
(c) In addition to the notice of transfer, the previous property owner shall likewise surrender to the provincial, city or municipal assessor concerned, the tax declaration covering the subject property in order that the same may be cancelled from the assessment records of the LGU. If, however, said previous owner still owns property other than the property alienated, he shall, within the prescribed sixty-day period, file with the provincial, city, or municipal assessor concerned, as amended sworn declaration of the true value of the property or properties he retains in accordance with the provisions of Article 294 or 295 of this Rule.
ARTICLE 300. Duty of Registrar of Deeds to Apprise Local Assessor of Real Property Listed in Registry. — (a) Within six (6) months from the date of effectivity of the Code, and on or before June 30th of every year thereafter, the registrar of deeds shall prepare and submit to the provincial, city, or municipal assessor concerned the abstract of his Registry of Property which include a brief but sufficient description of the real property entered therein, their present owners, and the date of their most recent transfer or alienation accompanied by copies of corresponding deeds of sale, donation, or partition or other forms of alienation.
(b) Before any document of transfer, alienation, or encumbrance of real property may be registered, the registrar of deeds shall require the presentation of a certificate or clearance issued by the local treasurer concerned to the effect that all current year and past year basic and additional special education fund, real property taxes, and the tax on transfer of real property ownership in Rule XXX of these Rules, due on the subject property, have been paid in full including interests or penalties due thereon.
Failure to provide such certificate shall be a valid cause for the registrar of deeds to refuse the registration of the document. In the absence of such certification or tax clearance, the registration is null and void.
(c) The registrar of deeds and notaries public shall furnish the provincial, city, or municipal assessor with copies of all contracts, selling, transferring, or otherwise conveying, leasing, or mortgaging real property registered by, or acknowledged before them, within thirty (30) days from the date of registration or acknowledgment.
ARTICLE 301. Duty of Official Issuing Building Permit or Certificate of Registration of Machinery to Transmit Copy to Local Assessor. — (a) Any person entrusted by law with the issuance of permits for the construction, renovation, addition, repair, or any other permanent improvement on land, or those who are authorized to issue certificates of registration or installation of any machinery, including mechanical contrivances and apparatus attached to or affixed on land or any other real property, shall transmit within thirty (30) days from the date of issuance a copy of such permits or certificates to the assessor of the province, city, or municipality where the building or machinery is situated. Where it is found to be more convenient or efficient, said official may, in lieu of individual copies of the said permits or certificates, furnish the local assessor concerned with monthly summaries of issued permits or certificates within the first ten (10) days of the succeeding month.
(b) Any official referred to in paragraph (a) hereof shall likewise furnish the local assessor concerned with copies of the building floor plans and/or certificates of registration or installation of other machineries which may not be permanently or temporarily attached to land or another real property but falling under the definition of the term machinery under Article 291 of this Rule and the rules and guidelines issued by DOF.
ARTICLE 302. Duty of Geodetic Engineer to Furnish Copy of Plans to Local Assessor. — All persons authorized by law to conduct land surveys and to certify as to the validity of such survey, whether public or private, shall furnish free of charge the assessor of the province, city, or municipality where the property is located with a white or blue print copy of all approved original or subdivision plans or maps of surveys they have conducted within thirty (30) days from receipt of such approved plans from LMB, National Land Titles and Deed Registration Administration, or Housing and Land Use Regulatory Board, as the case may be.
ARTICLE 303. Preparation of Schedule of Fair Market Values. — (a) Before any general revision of property assessment is made pursuant to the provisions of this Rule, there shall be prepared a schedule of fair market values by the provincial and city assessors, and the municipal assessors of the municipalities within MMA for the different classes of real property situated in their respective LGUs for enactment by ordinance of the sanggunian concerned. The schedule of fair market values shall be published in a newspaper of general circulation in the province, city, or municipality concerned, or in the absence thereof, shall be posted in the provincial capitol, city or municipal hall and in two (2) other conspicuous public places therein.
(b) In the preparation of schedules of fair market values, the provincial and city assessors and the municipal assessors of the municipalities within MMA shall be guided by the rules and regulations issued by DOF.
ARTICLE 304. Authority of Local Assessors to Take Evidence. — For the purpose of obtaining information on which to base the market value of any real property, the assessor of the province, city, or municipality or his deputy may summon the owners of the properties to be affected or persons having legal interest therein and witnesses, administer oaths, and take deposition concerning the property, its ownership, amount, nature, and value.
ARTICLE 305. Amendment of Schedule of Fair Market Values. — (a) The provincial, city or municipal assessor may recommend to the sanggunian concerned amendments to correct errors in valuation in the schedule of fair market values. The sanggunian concerned shall, by ordinance, act upon the recommendation within ninety (90) days from receipt thereof.
(b) The provincial, city, or municipal assessor may recommend to the sanggunian concerned amendments to the prevailing schedule of fair market values of the locality to correct errors arising from, or involving, omissions in the subject schedule of any kind or type of real property, or any city, district or barangay, or any road or street and/or the classification or sub-classification of real property.
ARTICLE 306. Classes of Real Property for Assessment Purposes. — Real property shall be classified as residential, agricultural, commercial, industrial, mineral, timberland, or special by the provincial and city assessors, including the municipal assessors of MMA. The cities and municipalities within MMA shall, through their respective sanggunians, exercise the power to classify lands as such in accordance with their zoning ordinances provided that for purposes of assessment, real property shall be classified on the basis of actual use regardless of where located as provided in Article 309 of this Rule.
ARTICLE 307. Special Classes of Real Property. — All lands, buildings, and other improvements thereon actually, directly and exclusively used for hospitals, cultural, or scientific purposes, and those owned and used by local water districts, and GOCCs rendering essential public services in the supply and distribution of water and generation and transmission of electric power shall be classified as special.
ARTICLE 308. Actual Use of Real Property as Basis for Assessment. — Real property shall be classified, valued, and assessed on the basis of its actual use regardless of where located, whoever owns it, and whoever uses it.
ARTICLE 309. Assessment Levels. — (a) The assessment levels to be applied to the fair market value of real property to determine its assessed value shall be fixed by ordinances of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan of a municipality within MMA, at the rates not exceeding the following:
(1) On Lands:
Class Assessment Level
Residential 20%
Agricultural 40%
Commercial 50%
Industrial 50%
Mineral 50%
Timberland 20%
(2) On Buildings and Other Structures:
Over Not Over Assessment Level
P175,000.00 0%
P175,000.00 300,000.00 10%
300,000.00 500,000.00 20%
750,000.00 1,000,000.00 30%
1,000,000.00 2,000,000.00 35%
5,000,000.00 10,000,000.00 50%
10,000,000.00 60%
P300,000.00 25%
2,000,000.00 50%
Commercial or Industrial
(3) On Machineries
(4) On Special Classes: Assessment level for all lands, buildings, machineries and other improvements;
Actual Use Assessment Level
Cultural 15%
Scientific 15%
Hospital 15%
Local Water District 10%
GOCCs engaged in the supply
and distribution of water and/
or generation and transmission
of electric power 10%
(b) Assessment levels in paragraph (a) hereof shall be applied initially during the first general revision of real property assessments to be undertaken pursuant to Article 310 of this Rule.
(c) Pending the enactment of a schedule of fair market values under Articles 303 and 310 of this Rule and the effectivity of the revised new assessment levels, the prevailing schedules of market values and the levels currently used by the provincial, city, and municipal assessors shall continue to be applied.
ARTICLE 310. General Revision of Assessments and Property Classification. — (a) The provincial, city, or municipal assessor shall undertake a general revision of real property assessment within two (2) years after the effectivity of the Code and every three (3) years thereafter.
(b) For this purpose, the provincial assessors, the city assessors, and the municipal assessors of MMA shall prepare the schedule of fair market values for the different kinds and classes of real property located within their respective territorial jurisdictions within one (1) year from the effectivity of the Code in accordance with such rules and regulations issued by DOF.
(c) The general revision of assessments and property classification shall commence upon the enactment of an ordinance by the sanggunian concerned adopting the schedule of fair market values but not later than two (2) years from the effectivity of the Code. Thereafter, the provincial, city, or municipal assessor shall undertake the general revision of real property assessment and property classification once every three (3) years.
ARTICLE 311. Valuation of Real Property. — In cases where: (a) real property is declared and listed for taxation purposes for the first time; (b) there is an on-going general revision of property classification and assessment; or (c) a request is made by the person in whose name the property is declared, the provincial, city or municipal assessor or his duly authorized deputy shall, in accordance with the provisions of this Rule, make a classification, appraisal and assessment of the real property listed and described in the declaration irrespective of any previous assessment or taxpayer's valuation thereon provided that the assessment of real property shall not be increased oftener than once every three (3) years except in case of new improvements substantially increasing the value of said property or of any change in its actual use.
ARTICLE 312. Date of Effectivity of Assessment or Reassessment. — All assessments or reassessment made after the first (1st) day of January of any year shall take effect on the first (1st) day of January of the succeeding year provided, however, that the reassessment of real property due to its partial or total destruction, or to a major change in its actual use, or to any great and sudden inflation or deflation of real property values, or to the gross illegality of the assessment when made, or to any other abnormal cause, shall be made within ninety (90) days from the date any such cause or causes occurred, and shall take effect at the beginning of the quarter next following the reassessment.
ARTICLE 313. Assessment of Property Subject to Back Taxes. — Real property declared for the first time shall be assessed for the taxes for the period during which it would have been liable but in no case for more than ten (10) years prior to the date of initial assessment provided, however, that such taxes shall be computed on the basis of the applicable schedule of values in force during the corresponding period.
If such taxes are paid on or before the end of the quarter following the date the notice of assessment was received by the owner or his representative, no interest for delinquency shall be imposed thereon; otherwise, such taxes shall be subject to an interest at the rate of two percent (2%) per month or a fraction thereof from the date of receipt of the assessment until such taxes are fully paid.
ARTICLE 314. Notification of New or Revised Assessment. — When real property is assessed for the first time or when an existing assessment is increased or decreased, the provincial, city, or municipal assessor shall, within thirty (30) days, give written notice of such new or revised assessment to the person in whose name the property is declared. The notice may be delivered personally or by registered mail or through the assistance of the punong barangay to the last known address of the person to be served.
ARTICLE 315. Appraisal and Assessment of Machinery. — (a) The fair market value of a brand new machinery shall be the acquisition cost. In all other cases, the fair market value shall be determined by dividing the remaining economic life of the machinery by its estimated economic life and multiplied by the replacement or reproduction cost.
(b) If the machinery is imported, the acquisition cost includes freight, insurance, bank and other charges, brokerage, arrastre and handling, duties and taxes, plus cost of inland transportation, handling, and installation charges at the present site. The cost in foreign currency of imported machinery shall be converted to peso cost on the basis of foreign currency exchange rates as fixed by the Central Bank.
ARTICLE 316. Depreciation Allowance for Machinery. — For purposes of assessment, a depreciation allowance shall be made for machinery at a rate not exceeding five percent (5%) of its original cost or its replacement or reproduction cost, as the case may be, for each year of use provided that the remaining value for all kinds of machinery shall be fixed at not less than twenty percent (20%) of such original, replacement, or reproduction cost for so long as the machinery is useful and in operation.
ARTICLE 317. Local Board of Assessment Appeals. — (a) Any property owner or person having legal interest or claim in the property who is not satisfied with the assessment of his property made by the provincial, city, or municipal assessor pursuant to the provisions of this Rule may, within sixty (60) days from the date of receipt of the written notice of assessment, appeal to local board of assessment appeals of the province or city where the subject property is situated by filing a petition under oath in the standard form prescribed therefore, together with copies of the tax declaration and such affidavits or documents in support of the appeal.
(b) In the case of municipalities within MMA, the appeals may be filed with the municipal board of assessment appeals of each municipality as provided in Article 318 of this Rule.
ARTICLE 318. Organization, Powers, and Functions of the Local Board of Assessment Appeals. — (a) In the determination and resolution of assessment appeals, the provincial or city board of assessment appeals shall be composed of the following:
Registrar of Deeds — Chairman
Provincial or City Prosecutor — Member
Provincial or City Engineer — Member
(b) In the case of municipalities within MMA, the municipal board of assessment appeals shall be composed of the following:
Registrar of Deeds of the
municipality or of the area
having custody and jurisdiction
over titles of land within the
jurisdiction of the municipality — Chairman
Prosecutor designated or assigned
to the municipality — Member
Municipal Engineer — Member
(c) The chairman and members of the local board of assessment appeals shall serve in an ex officio capacity without additional compensation.
(d) The chairman of the board shall have the power to designate any employee of the province or city, or municipality within MMA, to serve as secretary to the said board.
(e) In cases of provinces or cities, and municipalities within MMA without a provincial, city, or municipal engineer, the district engineer shall serve as member of the board until a provincial or municipal engineer shall have been duly appointed or designated. In the absence of the registrar of deeds, or the prosecutor, or the local engineer, the persons performing their duties, whether in an acting capacity or as a duly designated officer-in-charge, shall automatically become the chairman or member of the said board, as the case may be.
(f) The chairman and members of the local board of assessment appeals shall assume their respective positions without need of further appointment or special designation immediately upon effectivity of the Code.
(g) Before the assumption of the official functions or before discharging their duties as chairman and members of the local board of assessment appeals, they shall take an oath or affirmation of office in the manner herein set forth:
"I ___________________, after having been appointed to the position of _________________________, in the province, city, or municipality of ______________, and now assuming my position as ____________ of the Board of Assessment Appeals of the province, city or municipality of ________, hereby solemnly swear that I will faithfully discharge to the best of my ability the duties of this position and of all others that I am holding, or may hereafter hold, under the Republic of the Philippines, and that I will support and defend the Constitution of the Philippines; and that I will obey the laws and legal orders promulgated by the duly constituted authorities of the Republic of the Philippines; and that I will well and truly hear and determine all matters and issues between taxpayers and the provincial or city assessor submitted for my decision, and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion.
So help me God.
Subscribed and sworn to before me on this _______ day of ________, 19____, at _________ Philippines.
Signature of Officer
Administering Oath
ARTICLE 319. Meetings and Expenses of the Local Board of Assessment Appeals. — (a) The local board of assessment appeals shall meet once a month and as often as may be necessary for the prompt disposition of appealed cases without entitlement to per diem or traveling expenses for their attendance in board meeting except when conducting an ocular inspection of real properties whose assessment is under appeal, in which case, such expenses shall be charged against the general fund of the province or city, or municipality within MMA, as the case may be.
(b) The sanggunian concerned shall include in their general appropriations ordinance necessary funds to defray expenses of the board.
ARTICLE 320. Action by the Local Board of Assessment Appeals. — (a) From the date of receipt of an appeal, the local board of assessment appeals shall, on the basis of substantial evidence or such relevant evidence on record adequately acceptable to support a conclusion, decide such appeal within one hundred twenty (120) days.
(b) In the exercise of its appellate jurisdiction, the board shall have the power to summon witnesses, administer oaths, conduct ocular inspection, take depositions, and issue subpoena and subpoena duces tecum. The proceedings of the board shall be conducted solely for the purpose of ascertaining the facts without necessarily adhering to technical rules applicable in judicial proceedings.
(c) The secretary of the board shall furnish the owner of the property or the person having legal interest therein and the provincial or city assessor or municipal assessor within MMA with a copy of the decision of the board. In case the provincial or city assessor or municipal assessor within MMA concurs with the revision or the assessment, it shall be his duty to notify the owner of the property or the person having legal interest therein of such fact using the form prescribed for the purpose. The owner of the property or the person having legal interest therein or the assessor who is not satisfied with the decision of the board may, within thirty (30) days after receipt of the decision of the board, appeal to the Central Board of Assessment Appeals as herein provided. The decision of the Central Board shall be final and executory.
ARTICLE 321. Central Board of Assessment Appeals. — The Central Board shall be composed of a chairman and two (2) members to be appointed by the President, who shall serve for a term of seven (7) years, without reappointment. Of those first appointed, the chairman shall hold office for seven (7) years, one member for five (5) years, and the other member of three (3) years. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any member be appointed or designated in a temporary or acting capacity. The chairman and the members of the Central Board shall be Filipino citizens, at least forty(40) years old at the time of their appointment, and members of the Bar or Certified Public Accountants for at least ten (10) years immediately preceding their appointment. The chairman of the Central Board shall have the salary grade equivalent to the rank of Director III under the Salary Standardization Law exclusive of allowances and other emoluments. The members of the Central Board shall have the salary grade equivalent to the rank of Director II under the Salary Standardization Law exclusive of allowances and other emoluments. The Central Board shall have appellate jurisdiction over all assessment cases decided by the local board and assessment appeals.
There shall be hearing officers to be appointed by the Central Board pursuant to civil service law, rules and regulations, one each of Luzon, Visayas, and Mindanao, who shall hold office in the City of Manila, Cebu City, and Cagayan de Oro City, respectively, and who shall serve for a term of six (6) years, without reappointment until their successors shall have been appointed and qualified. The hearing officers shall have the same qualifications as those of the Judges of the Municipal Trial Courts.
The hearing officers shall each have a salary grade equivalent to the rank of Director I under the Salary Standardization Law exclusive of allowances and other emoluments. The hearing officers shall try and receive evidences on the appealed assessment cases as may be directed by the Central Board.
The Central Board, in the performance of its powers and duties, may establish and organize staffs, offices, or units, prescribe the titles, functions and duties of their members, and adopt its own rules and regulations.
Unless otherwise provided by law, the annual appropriations for the Central Board shall be included in the annual budget of DOF.
ARTICLE 322. Effect of Appeal on the Payment of Real Property Tax. — Appeals on assessments of real property made under the provisions of this Rule shall, in no case, suspend the collection of the corresponding real property taxes on the property involved as assessed by the provincial or city assessor, or the municipal assessor within MMA, without prejudice to subsequent adjustment depending upon the final outcome of the appeal.
ARTICLE 323. Power to Levy Real Property Tax. — Provinces and cities, and municipalities within MMA, through their respective sanggunians, may levy the annual ad valorem tax on real property such as land, buildings, machinery, and other improvements not specifically exempted under this Rule.
ARTICLE 324. Rates of Levy. — A province or a city, or a municipality within MMA shall fix a uniform rate of basic real property tax applicable in their respective jurisdictions as follows:
(a) For provinces: not exceeding one per cent (1%) of the assessed value;
(b) For cities or for municipalities within MMA: not exceeding two percent (2%) of the assessed value.
No public hearing shall be required before the enactment of a local tax ordinance levying the basic real property tax.
ARTICLE 325. Exemption from Payment of Real Property Tax. — The following are exempted from payment of the real property tax:
(a) All real property owned by the Republic of the Philippines or any of its political subdivisions, except when the beneficial use thereof has been granted, for consideration or otherwise, to a taxable person;
(b) Charitable institutions, churches, parsonages, or convents appurtenant thereto, mosques, nonprofit or religious cemeteries and all lands, buildings, and improvements actually, directly, and exclusively used for religious, charitable or educational purposes;
(c) All machineries and equipment that are actually, directly and exclusively used by local water districts and GOCCs engaged in the supply and distribution of water and/or generation and transmission of electric power;
(d) All real property owned by duly registered cooperatives as provided in RA 6938; and
(e) Machinery and equipment exclusively used for pollution control and environmental protection.
Except as provided in this Rule, any exemption from payment of real property tax previously granted to, or presently enjoyed by, all persons, whether natural or juridical, including all GOCCs are withdrawn upon the effectivity of the Code.
ARTICLE 326. Additional Levy on Real Property for the Special Education Fund. — A province or city, or a municipality within MMA, may levy and collect an annual tax of one percent (1%) on the assessed value of real property which shall be in addition to the basic real property tax. The proceeds thereof shall exclusively accrue to the special education fund.
All provinces and cities, and the municipalities within MMA shall enact their respective tax ordinances imposing the additional tax for the special education fund.
No public hearing shall be required before the enactment of a local tax ordinance levying the additional one percent (1%) special education fund tax.
ARTICLE 327. Additional Ad Valorem Tax on Idle Lands. — A province or city, or a municipality within MMA, may levy an annual tax on idle lands at the rate not exceeding five percent (5%) of the assessed value of the property which shall be in addition to the basic real property tax.
ARTICLE 328. Idle Lands, Coverage. — For purposes of real property taxation, idle lands shall include the following:
(a) Agricultural lands, more than one (1) hectare in area, suitable for cultivation, dairying, inland fishery, and other agricultural uses, one-half (½) of which remain uncultivated or unimproved by the owner of the property or person having legal interest therein. Agricultural lands planted to permanent or perennial crops with at least fifty (50) trees to a hectare shall not be considered idle lands. Lands actually used for grazing purposes shall likewise not be considered idle lands.
(b) Lands, other than agricultural, located in a city or municipality, more than one thousand (1,000) square meters in area one-half (½) of which remain unutilized or unimproved by the owner of the property or person having legal interest therein.
Regardless of land area, this Article shall likewise apply to residential lots in subdivisions duly approved by proper authorities, the ownership of which has been transferred to individual owners, who shall be liable for the additional tax provided that individual lots of such subdivisions, the ownership of which has not been transferred to the buyer shall be considered as part of the subdivision, and shall be subject to the additional tax payable by the subdivision owner or operator.
ARTICLE 329. Idle Lands Exempt from Tax. — A province or a city or a municipality within MMA may exempt idle lands from the additional levy by reason of force majeure, civil disturbance, natural calamity, or any cause or circumstance which physically or legally prevents the owner of the property or person having legal interest therein from improving, utilizing, or cultivating the same.
ARTICLE 330. Listing of Idle Lands by the Local Assessor. — The provincial, city, or municipal assessor shall make and keep an updated record of all idle lands located within his area of jurisdiction. For purposes of collection, the provincial, city, or municipal assessor shall furnish a copy thereof to the provincial or city treasurer who shall notify, on the basis of such record, the owner of the property or person having legal interest therein of the imposition of the additional tax.
ARTICLE 331. Special Levy by Local Government Units. — A province, city, or municipality may impose a special levy on the lands comprised within its territorial jurisdiction specially benefited by public works projects or improvements funded by the LGU concerned provided that the special levy shall not exceed sixty percent (60%) of the actual cost of such projects and improvements, including the costs of acquiring land and such other real property in connection therewith and provided further that the special levy shall not apply to lands exempt from basic real property tax and the remainder of the land portions of which have been donated to the LGU concerned for the construction of such projects or improvements.
ARTICLE 332. Ordinance Imposing a Special Levy. — A tax ordinance imposing a special levy shall describe with reasonable accuracy the nature, extent, and location of the public works projects or improvements to be undertaken, state the estimated cost thereof, specify the metes and bounds by monuments and lines and the number of annual installments for the payment of the special levy which in no case shall be less than five (5) nor more than ten (10) years. The sanggunian concerned shall not be obliged, in the apportionment and computation of the special levy, to establish a uniform percentage of all lands subject to the payment of the tax for the entire district, but it may fix different rates for different parts or sections thereof, depending on whether such land is more or less benefited by the proposed work.
ARTICLE 333. Publication of Proposed Ordinance Imposing a Special Levy. — Before the enactment of an ordinance imposing a special levy, the sanggunian concerned shall conduct a public hearing thereon and notify in writing the owners of the real property to be affected or the persons having legal interest therein as to the date and place thereof and afford the latter the opportunity to express their positions or objections relative to the proposed ordinance.
ARTICLE 334. Fixing the Amount of Special Levy. — The special levy authorized herein shall be apportioned, computed, and assessed according to the assessed valuation of the lands affected as shown by the books of the local assessor concerned, or its current assessed value as fixed by said assessor if the property does not appear on record in his books. Upon the effectivity of the ordinance imposing special levy, the assessor concerned shall forthwith proceed to determine the annual amount of special levy assessed against each parcel of land comprised within the area especially benefited and shall send to each landowner a written notice thereof by mail, personal service, or publication in appropriate cases.
ARTICLE 335. Taxpayers' Remedies Against Special Levy. — Any owner of real property affected by a special levy or any person having a legal interest therein may, upon receipt of the written notice of assessment of the special levy, avail of the remedies provided in Article 317 of this Rule.
ARTICLE 336. Accrual of Special Levy. — The special levy shall accrue on the first day of the quarter next following the effectivity of the ordinance imposing such levy.
ARTICLE 337. Date of Accrual of Tax. — The real property tax for any year shall accrue on the first day of January and from the date it shall constitute a lien on the property which shall be superior to any other lien, mortgage, or encumbrance of any kind whatsoever, and shall be extinguished only upon the payment of the delinquent tax.
ARTICLE 338. Collection of Tax. — The collection of the real property tax with interest thereon and related expenses, and the enforcement of the remedies provided in this Rule or any applicable laws, shall be the responsibility of the city or municipal treasurer concerned.
Property owners, however, at their option or convenience, may pay their real property taxes to the provincial treasurer of the province to which the municipality where the subject property is located, belongs.
The city or municipal treasurer may deputize the barangay treasurer to collect all taxes on real property located in the barangay provided that the barangay treasurer is properly bonded for the purpose and provided further that the premium on the bond shall be paid by the city or municipality concerned.
ARTICLE 339. Local Assessor to Furnish Local Treasurer with Assessment Roll. — The provincial, city, or municipal assessor shall prepare and submit to the local treasurer concerned, on or before the thirty-first (31st) day of December each year, an assessment roll containing a list of all persons whose real properties have been newly assessed or reassessed and the values of such properties.
ARTICLE 340. Notice of Time for Collection of Tax. — The city or municipal treasurer shall, on or before the thirty-first (31st) day of January each year, in the case of the basic real property tax and the additional tax for special education fund or on any other date to be prescribed by the sanggunian concerned in the case of any other tax levied in this Rule, post the notice of the dates when the tax may be paid without interest at a conspicuous and publicly accessible place at the city or municipal hall. Said notice shall likewise be published in a newspaper of general circulation in the locality once a week for two (2) consecutive weeks.
ARTICLE 341. Payment of Real Property Taxes in Installments. — The owner of the real property or the person having legal interest therein may pay the basic real property tax and the additional tax for special education fund due thereon without interest in four (4) equal installments; the first installment to be due and payable on or before the thirty-first (31st) of March, the second installment, on or before the thirtieth (30th) of June; the third installment, on or before the thirtieth (30th) of September, and the last installment on or before the thirty-first (31st) of December, except the special levy for which the payment thereof shall be governed by ordinance of the sanggunian concerned.
The date for payment of any other tax imposed in this Rule without interest shall be prescribed by the sanggunian concerned.
Payments of real property taxes shall first be applied to prior years delinquencies, interests, and penalties, if any, and only after said delinquencies are settled may tax payments be credited for the current period.
ARTICLE 342. Tax Discount for Advanced and Prompt Payment. — If the basic real property tax and the additional tax accruing to special education fund are paid on time or in advance in accordance with the prescribed schedule of payment as provided in Article 341 of this Rule, the sanggunian concerned may grant a discount not exceeding twenty percent (20%) of the annual tax due.
For purposes of this Rule, prompt payments may be given a discount of ten percent (10%), while advanced payments may be entitled to the maximum discount of twenty percent (20%).
ARTICLE 343. Payment Under Protest. — (a) No protest shall be entertained unless the taxpayer first pays the tax. There shall be annotated on the tax receipts the words paid under protest. The protest in writing must be filed within thirty (30) days from payment of the tax to the provincial or city treasurer, or municipal treasurer, in the case of a municipality within MMA, who shall decide the protest within sixty (60) days from receipt.
(b) The tax or a portion thereof paid under protest shall be held in trust by the local treasurer concerned. Fifty percent (50%) of the tax paid under protest shall, however, be distributed in accordance with the provisions of this Rule on the distribution of proceeds.
(c) In the event that the protest is finally decided in favor of the taxpayer, the amount or portion of the tax protested shall be refunded to the protestant, or applied as tax credit against his existing or future tax liability.
(d) In the event that the protest is denied or upon the lapse of the sixty-day period prescribed in paragraph (a) hereof, the taxpayer may avail of the remedies provided in Articles 317 and 320 of this Rule.
ARTICLE 344. Repayment of Excessive Collections. — When an assessment of basic real property tax, or any other tax levied in this Rule, is found to be illegal or erroneous and the tax is accordingly reduced or adjusted, the taxpayer may file a written claim for refund or credit for taxes and interests with the provincial or city treasurer within two (2) years from the date the taxpayer is entitled to such reduction or adjustment.
The provincial or city treasurer shall decide the claim for tax refund or credit within sixty (60) days from receipt thereof. In case the claim for tax refund or credit is denied, the taxpayer may avail of the remedies as provided in this Rule.
ARTICLE 345. Notice of Delinquency in the Payment of Real Property Tax. — (a) When the real property tax or any other tax imposed in this Rule becomes delinquent, the provincial, city or municipal treasurer shall immediately cause a notice of the delinquency to be posted at the main entrance of the provincial capitol, or city or municipal hall and in a publicly accessible and conspicuous place in each barangay of the LGU concerned. The notice of delinquency shall also be published once a week for two (2) consecutive weeks, in a newspaper of general circulation in the province, city, or municipality concerned.
(b) The notice shall specify the date upon which the tax became delinquent and shall state that personal property may be distrained to effect payment. It shall likewise state that at any time before the distraint of personal property, payment of the tax with surcharges, interests and penalties may be made in accordance with Article 346 of this Rule, and unless the tax, surcharges, and penalties are paid before the expiration of the year for which the tax is due, except when the notice of assessment or special levy is contested administratively or judicially pursuant to the provisions of this Rule, the delinquent real property will be sold at public auction, and the title to the property will be vested in the purchaser, subject, however, to the right of the delinquent owner of the property or any person having legal interest therein to redeem the property within one (1) year from the date of sale.
ARTICLE 346. Interests on Unpaid Real Property Tax. — Failure to pay the basic real property tax or any other tax levied in this Rule upon the expiration of the periods prescribed in Article 341 hereof, or when due, as the case may be, shall subject the taxpayer to the payment of interest at the rate of two percent (2%) per month on the unpaid amount or a fraction thereof, until the delinquent tax shall have been fully paid provided that in no case shall the total interest on the unpaid tax or portion thereof exceed thirty-six (36) months.
ARTICLE 347. Remedies for the Collection of Real Property Tax. — For the collection of the basic real property tax and any other tax levied under this Rule, LGU may avail of remedies by administrative or judicial action. The administrative remedies which are summary in nature are:
(a) Levy on real property, and
(b) Sale of real property at public auction.
The judicial remedy is availed of in the court of appropriate jurisdiction. These remedies are cumulative, simultaneous and unconditional, that is, any or all of the remedies or combination thereof may be resorted to and the use or non-use of one remedy shall not be a bar against the institution of the others. Formal demand for the payment of the delinquent taxes and penalties due is not a pre-requisite to such remedies. The notice of delinquency required in Article 346 of this Rule shall be sufficient for the purpose.
ARTICLE 348. Local Government Lien. — The basic real property tax and any other tax levied under this Rule constitute a lien on the property subject to tax, superior to all liens, charges or encumbrances in favor of any person, irrespective of the owner or possessor thereof, enforceable by administrative or judicial action, and may only be extinguished upon payment of the tax and the related interests and expenses.
ARTICLE 349. Levy on Real Property. — After the expiration of the time required to pay the basic real property tax or any other tax levied under this Rule, real property subject to such tax may be levied upon through the issuance of a warrant on or before, or simultaneously with the institution of the civic action for the collection of the delinquent tax. Levy on real property shall be made in the manner herein set forth.
(a) The provincial or city treasurer, or municipal treasurer of a municipality within MMA when issuing a warrant of levy shall prepare the duly authenticated certificate showing the name of the delinquent property owner or person having legal interest therein, the description of the property, the amount of the tax due and the interest thereon.
(b) The warrant shall be mailed to or served upon the delinquent real property owner or person having legal interest therein. In case he is out or can not be located, to the occupant or administrator of the subject property.
(c) Written notice of levy with the attached warrant shall be mailed to or served upon the assessor and the registrar of deeds of the province, city, or municipality within MMA where the property is located.
(d) The assessor and registrar of deeds shall annotate the levy on the tax declaration and the certificate of title, respectively.
(e) The levying officer shall submit a written report on the levy to the sanggunian concerned within ten (10) days after receipt of the warrant by the property owner or person having legal interest in the property.
ARTICLE 350. Penalty for Failure to Issue and Execute Warrant. — Without prejudice to criminal prosecution under the Revised Penal Code and other applicable laws, any local treasurer or his deputy who fails to issue or execute the warrant of levy within one (1) year from the time the tax becomes delinquent or within thirty (30) days from the date of the issuance thereof, or who is found guilty of abusing the exercise thereof in an administrative or judicial proceeding shall be dismissed from the service.
ARTICLE 351. Advertisement and Sale. — Within thirty (30) days after service of the warrant of levy, the local treasurer shall proceed to publicly advertise for sale or auction the property or a usable portion thereof as may be necessary to satisfy the tax delinquency and expenses of sale. The advertisement shall be effected by posting a notice at the main entrance of the provincial, city, or municipal building, and in a conspicuous and publicly accessible place in the barangay where the real property is located, and by publication once a week for two (2) weeks in a newspaper of general circulation in the province, city, or municipality where the property is located. The advertisement shall specify the amount of the delinquent tax, the interest due thereon and expenses of sale, the date and place of sale, the name of the owner of the real property or person having legal interest therein, and a description of the property to be sold. At any time before the date fixed for the sale, the owner of the real property or person having legal interest therein may stay the proceedings by paying the delinquent tax, the interest due thereon and the expenses of sale. The sale shall be held either at the main entrance of the provincial, city, or municipal building, or on the property to be sold, or any other place as specified in the notice of the sale.
Within thirty (30) days after the sale, the local treasurer or his deputy shall make a report of the sale to the sanggunian concerned, and which shall form part of his records. The local treasurer shall likewise prepare and deliver to the purchaser a certificate of sale which shall contain the name of the purchaser, a description of the property sold, the amount of the delinquent tax, the interest due thereon, the expenses of the sale and a brief description of the proceedings provided that, proceeds of the sale in excess of the delinquent tax, the interest due thereon, and the expenses of sale shall be remitted to the owner of the real property or person having legal interest therein.
The local treasurer may, by a duly approved ordinance, advance an amount sufficient to defray the costs of collection through the remedies provided for in this Rule, including the expenses of advertisement and sale.
ARTICLE 352. Redemption of Property Sold. — Within one (1) year from the date of sale, the owner of the delinquent real property or person having legal interest therein, or his representative, shall have the right to redeem the property upon payment to the local treasurer of the amount of the delinquent tax, including the interest due thereon, and the expenses of sale from the date of delinquency to the date of sale, plus interest of not more than two percent (2%) per month on the purchase price from the date of sale to the date of redemption. Such payment shall invalidate the certificate of sale issued to the purchaser and the owner of the delinquent real property or person having legal interest therein shall be entitled to a certificate of redemption which shall be issued by the local treasurer or his deputy.
From the date of sale until the expiration of the period of redemption, the delinquent real property shall remain in the possession of the owner or person having legal interest therein who shall be entitled to the income and other fruits thereof.
The local treasurer or his deputy, upon receipt from the purchaser of the certificate of sale, shall forthwith return to the latter the entire amount paid by him plus interest of not more than two percent (2%) per month. Thereafter, the property shall be free from the lien of such delinquent tax, interest due thereon and expenses of sale.
ARTICLE 353. Final Deed to Purchaser. — In case the owner or person having legal interest therein fails to redeem the delinquent property as provided herein, the local treasurer shall execute a deed conveying to the purchaser said property, free from lien of the delinquent tax, interest due thereon and expenses of sale. The deed shall briefly state the proceedings upon which the validity of the sale rests.
ARTICLE 354. Purchase of Property By the Local Government Units for Want of Bidder. — In case there is no bidder for the real property advertised for sale as provided herein, or if the highest bid is for an amount insufficient to pay the real property tax and the related interest and costs of the sale, the local treasurer conducting the sale shall purchase the property in behalf of the LGU concerned to satisfy the claim and within two (2) days thereafter shall make a report of his proceedings which shall be reflected upon the records of his office. It shall be the duty of the registrar of deeds concerned, upon registration with his office of any such declaration of forfeiture, to transfer the title of the forfeited property to the LGU concerned without the necessity of an order from a competent court.
Within one (1) year from the date of such forfeiture, the taxpayer or his representative, may redeem the property by paying to the local treasurer the full amount of the real property tax and the related interest and costs of sale. If the property is not redeemed as provided herein, the ownership thereof shall be fully vested on the LGU concerned.
ARTICLE 355. Resale of Real Estate Taken for Taxes, Fees, or Charges. — The sanggunian concerned may, by a duly approved ordinance, and upon notice of not less than twenty (20) days, sell and dispose of the real property acquired under the preceding Article at public auction. The proceeds of the sale shall accrue to the general fund of the LGU concerned.
ARTICLE 356. Further Distraint or Levy. — Levy may be repeated if necessary on the same property subject to tax until the full amount due, including all expenses, is collected.
ARTICLE 357. Collection of Real Property Tax Through the Courts. — The delinquent basic real property tax or any other tax levied under this Rule shall constitute a lawful indebtedness of the taxpayer to the LGU. Collection of such indebtedness can be enforced thru civil action in any court of competent jurisdiction, as follows:
(a) The provincial or city treasurer, or municipal treasurer of a municipality of MMA shall furnish the provincial attorney or city or municipal legal officer a certified statement of delinquency who, within fifteen (15) days after receipt, shall file the civil action in the name of the province, city, or municipality in the proper court of competent jurisdiction. The jurisdiction of the court is determined by the amount sought to be recovered exclusive of interests and costs. Thus, where the delinquent tax due does not exceed Ten Thousand Pesos (P10,000.00), the competent court is the municipal or city trial court, and where the amount due is in excess of Ten Thousand Pesos (P10,000.00), the proper court is the regional trial court.
(b) Where cognizable in an inferior court, the action must be filed in the municipality or city where the delinquent property is located. Where the regional trial court has jurisdiction, the plaintiff LGU shall file the complaint in the city or province where the property is situated.
(c) In both cases, that is, where the claim is either cognizable by an inferior court or by the regional trial court, the provincial or city treasurer shall furnish the provincial attorney or the city or municipal legal officer concerned the exact address of the defendant where he may be served with summons.
ARTICLE 358. Action Assailing Validity of Tax Sale. — (a) No court shall entertain any action assailing the validity of any sale at public auction of real property or rights therein under this Rule until the taxpayer shall have deposited with the court the amount for which the real property was sold, together with interest of two percent (2%) per month from the date of sale to the time of the institution of the action. The amount so deposited shall be paid to the purchaser at the auction sale if the deed is declared invalid but it shall be returned to the depositor if the action fails.
(b) No court shall declare a sale at public auction invalid by reason of irregularities or informalities in the proceedings unless the substantive rights of the delinquent owner of the real property or the person having legal interest therein have been impaired.
ARTICLE 359. Payment of Delinquent Taxes on Property Subject of Controversy. — In any action involving the ownership or possession of, or succession to, real property the court may, motu proprio or upon representation of the provincial, city, or municipal treasurer or their respective deputies, award such ownership, possession, or succession to any party to the action upon payment to the court of the taxes with interests due to the property and all other costs that may have accrued, subject to the final outcome of the action.
ARTICLE 360. Certification of Local Treasurer on Delinquencies Remaining Uncollectible. — The provincial, city, or municipal treasurer or their deputies shall prepare a certified list of all real property tax delinquencies which remained uncollected or unpaid for at least one (1) year in his jurisdiction, and a statement of the reason or reasons for such non-collection or non-payment, and shall submit said documents to the sanggunian concerned on or before December thirty-first (31st) of the year immediately succeeding the year in which the delinquencies were incurred, with a request for assistance in the enforcement of the remedies for collection provided in this Rule.
ARTICLE 361. Periods Within Which To Collect Real Property Taxes. — The basic real property tax and any other tax levied under this Rule shall be collected within five (5) years from the date they become due. No action for collection of the tax, whether administrative or judicial, shall be instituted after the expiration of such period. In case of fraud or intent to evade payment of the tax, such action may be instituted for the collection thereof within ten (10) years from the discovery of such fraud or intent to evade payment.
The period of prescription within which to collect shall be suspended for the time during which:
(a) The local treasurer is legally prevented from collecting the tax;
(b) The owner of the property or the person having legal interest therein requests for reinvestigation and executes a waiver in writing before the expiration of the period within which to collect; and
(c) The owner of the property or the person having legal interest therein is out of the country or otherwise cannot be located.
ARTICLE 362. Distribution of Proceeds. — (a) The proceeds of the basic real property tax, including interest thereon, and proceeds from use, lease or disposition, sale or redemption of property acquired at a public auction, and fifty percent (50%) of the tax paid under protest collected by the local treasurer shall be distributed as follows:
(1) Provincial Share — Thirty-five percent (35%) shall accrue to the general fund.
(2) Municipal Share — Forty percent (40%) shall accrue to the general fund of the municipality where the property is located.
(3) Barangay Share — Twenty-five percent (25%) shall accrue to the barangay where the property is located.
(1) City Share — Seventy percent (70%) shall accrue to the general fund of the city.
(2) Barangay Share — Thirty percent (30%) shall be distributed among the component barangays of the cities where the property is located in the following manner:
(i) Fifty percent (50%) share accrue to the barangay where the property is located.
(ii) Fifty percent (50%) shall accrue equally to all component barangays of the city.
Municipality within MMA
(1) Metropolitan Manila Authority Share — Thirty-five percent (35%) shall accrue to the general fund of the Authority.
(2) Municipal Share — Thirty-five percent (35%) shall accrue to the general fund of the municipality where the property is located.
(3) Barangay Share — Thirty percent (30%) shall be distributed among the component barangays of the municipality where the real property is located in the following manner:
(i) Fifty percent (50%) shall accrue to the barangay where the property is located.
(ii) Fifty percent (50%) shall accrue equally to all component barangays of the municipality.
(b) The share of each barangay shall be released directly to the barangay treasurer on a quarterly basis within five (5) days after the end of each quarter, without need of any further action, and shall not be subject to any lien or holdback for whatever purpose subject to such rules as may be prescribed by COA for this purpose.
ARTICLE 363. Application of Proceeds of the Additional One Percent (1%) Special Education Fund Tax. — (a) The proceeds of the additional one percent (1%) real property tax accruing to special education fund shall be automatically released to the local school boards.
(b) In case of provinces, the process of the special education fund shall be divided equally between the provincial and municipal school boards.
(c) Said proceeds shall be allocated as determined and approved by the local school board concerned only for the following purposes:
(1) operation and maintenance of public schools;
(2) construction and repair of school buildings, facilities and equipment;
(3) educational research;
(4) purchase of books and periodicals; and
(5) sports development.
ARTICLE 364. Proceeds of the Tax on Idle Lands. — The collection of additional real property tax on the idle lands shall accrue to the respective general fund of the province or city where the land subject to tax is situated. In the case of a municipality within MMA, the same shall accrue equally to the Metropolitan Manila Authority and the municipality where the land is situated. Accordingly, the proceeds of this tax shall be treated in the income account as revenue from taxation.
ARTICLE 365. Proceeds of the Special Levy. — The proceeds of the special levy of lands benefited by public works, projects and other improvements shall accrue to the general fund of the LGU which financed such public works, projects or other improvements. Accordingly, all income derived from this special levy shall be treated in the income account as revenue from taxation.
ARTICLE 366. General Assessment Revision; Expenses Incident Thereto. — (a) The sanggunian of provinces, cities and municipalities within MMA shall provide the necessary appropriations to defray the expenses incident to the general revision of real property assessment.
(b) All expenses incident to a general revision of real property assessments shall, by ordinance of the sangguniang panlalawigan, be apportioned between the province and the municipality on the basis of the taxable area of the municipality concerned.
(c) The barangays may be required by the sanggunian of the city or municipality to share in the expenses to be incurred for the conduct of a general revision of real property assessments.
ARTICLE 367. Condonation or Reduction of Real Property Tax and Interest. — In case of a general failure of crops or substantial decrease in the price of agricultural or agribased products, or calamity in any province, city, or municipality, the sanggunian concerned, by ordinance passed prior to the first (1st) day of January of any year and upon recommendation of the Local Disaster Coordinating Council, may condone or reduce, wholly or partially, the taxes and interest thereon for the succeeding year or years in the city or municipality affected by the calamity.
ARTICLE 368. Condonation or Reduction of Tax by the President of the Philippines. — The President of the Philippines may, when public interest so requires, condone or reduce the real property tax and interest for any year in any province or city or a municipality within MMA.
ARTICLE 369. Duty of Registrar of Deeds and Notaries Public to Assist the Provincial, City, or Municipal Assessor. — It shall be the duty of the registrar of deeds and notaries public to furnish the provincial, city, or municipal assessor with copies of all contracts selling, transferring or otherwise conveying, leasing or mortgaging real property received by, or acknowledged before them.
ARTICLE 370. Duty of Insurance Companies to Furnish Information to Local Assessor. — Insurance companies are hereby required to furnish the provincial, city, or municipal assessor copies of any contract or policy insurance on buildings, structures, and improvements insured by them or such other documents which may be necessary for the proper assessment thereof.
ARTICLE 371. Fees in Court Actions. — All court actions, criminal or civil, instituted at the instance of the provincial, city, or municipal treasurer or assessor under the provisions of this Rule, shall be exempt from the payment of court and sheriff's fees.
ARTICLE 372. Fees in Registration of Papers or Documents on Sale of Delinquent Real Property to Provinces, Cities, or Municipalities. — All certificates, documents and papers covering the sale of delinquent property to the province, city, or municipality, if registered in the Registry of Property, shall be exempt from the documentary stamp tax and registration fees.
ARTICLE 373. Real Property Assessment Notices or Owner's Copies of Tax Declarations To Be Exempt from Postal Charges or Fees. — All real property assessment notices or owner's copies of tax declarations sent through the mails by the assessor shall be exempt from payment of postal charges or fees.
ARTICLE 374. Sale and Forfeiture Before Effectivity of the Code. — Tax delinquencies incurred, and sales and forfeitures of delinquent real property effected, before the effectivity of the Code, shall be governed by the provisions of applicable laws then in force.
ARTICLE 375. Penalties for Omission of Property from Assessment or Tax Rolls by Officers and Other Acts. — Any officer charged with the duty of assessing a real property who willfully fails to assess, or who intentionally omits from the assessment or tax roll any real property which he knows to be taxable, or who willfully or negligently underassesses any real property, or who intentionally violates or fails to perform any duty imposed upon him by law relating to the assessment of taxable real property shall, upon conviction, be punished by imprisonment of not less than one (1) month nor more than six (6) months, or by a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or both such imprisonment and fine, at the discretion of the court.
The same penalty shall be imposed upon any officer charged with the duty of collecting the tax due on real property who willfully or negligently fails to collect the tax and institute the necessary proceedings for the collection of the same.
Any other officer required by this Rule to perform acts relating to the administration of the real property tax or to assist the assessor or treasurer in such administration, who willfully fails to discharge such duties shall, upon conviction, be punished by imprisonment of not less than one (1) month nor more than six (6) months, or by a fine of not less than Five Hundred Pesos (P500.00) nor more than Five Thousand Pesos (P5,000.00), or both such imprisonment and fine, at the discretion of the court.
ARTICLE 376. Penalties for Delaying Assessment of Real Property and Assessment Appeals. — Any government official who intentionally and deliberately delays the assessment of real property or the filing of any appeal against its assessment shall, upon conviction, be punished by imprisonment of not less than one (1) month nor more than six (6) months, or by a fine of not less than Five Hundred Pesos (P500.00), nor more than Five Thousand Pesos (P5,000.00), or both such imprisonment and fine, at the discretion of the court.
ARTICLE 377. Penalties for Failure to Dispose of Delinquent Real Property at Public Auction. — The local treasurer concerned who fails to dispose of delinquent real property at public auction in compliance with the pertinent provisions of this Rule, and any other LGU official whose acts hinder the prompt disposition of delinquent real property at public auction shall, upon conviction, be subject to imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than One Thousand Pesos (P1,000.00) nor more than Five Thousand Pesos (P5,000.00), or both such imprisonment and fine, at the discretion of the court.
RULE XXXII
Shares of Local Government Units in the Proceeds of National Taxes
Internal Revenue Allotment
ARTICLE 378. Allotment of Internal Revenue Taxes. — The total annual internal revenue allotments (IRAs) due the LGUs shall be determined on the basis of collections from national internal revenue taxes actually realized as certified by the BIR during the third fiscal year preceding the current fiscal year as follows:
(a) For the first year of effectivity of the Code (1992), thirty percent (30%);
(b) For the second year (1993), thirty-five percent (35%); and
(c) For the third year (1994), and thereafter, forty percent (40%).
ARTICLE 379. Adjustment in the Internal Revenue Allotment Share. — (a) In the event that an unmanageable public sector deficit is incurred by the National Government, the Secretary of Finance, the Secretary of the Interior and Local Government, and the Secretary of Budget and Management shall submit to the President a joint recommendation that will institute necessary adjustments in the IRAs of LGUs.
(b) Upon receipt of the joint recommendation of the Secretary of Finance, the Secretary of the Interior and Local Government, and the Secretary of Budget and Management and subject to consultation with the presiding officers of both Houses of Congress and the presidents of the leagues of LGUs, the President shall authorize the necessary adjustments of the total IRA to be distributed among LGUs for the given year, provided that in no case shall the adjusted amount be less than thirty percent (30%) of the national internal revenue tax collections of the third fiscal year preceding the fiscal year during which the reduction is to be made.
(c) Adjustment to the IRA share of LGUs shall be made only after effecting a corresponding reduction of the National Government expenditures including cash and non-cash budgetary aids to GOCCs, government financial institutions (GFIs), the Oil Price Stabilization Fund (OPSF), and the Central Bank (CB).
ARTICLE 380. Scope. — (a) The IRA of LGUs shall be an integration of all allotments received by them under existing laws, such as the regular internal revenue allotments, the specific tax allotments (STA), and shares from the Local Government Revenue Stabilization Fund (LGRSF).
(b) Without prejudice to the provisions of RA 6743, the IRA of LGUs under the Autonomous Region in Muslim Mindanao shall be governed by the Code and the related implementing guidelines, which in no case shall be less than the amount as determined by the computational formula provided in Article 382 of this Rule.
(c) The share of COA in the collections of internal revenue taxes shall continue to be governed by Sec. 24 (3) of PD 1445, as amended.
ARTICLE 381. Cost of Devolved Personal Services. — For the first year of the effectivity of the Code, the thirty percent (30%) IRAs due LGUs shall include the cost of devolved functions for essential public services. The amount equivalent to the cost of devolved personal services shall be remitted to LGUs concerned in addition to their respective IRA for the year.
ARTICLE 382. Allocation of the Internal Revenue Allotment. — (a) The total annual IRA shares due all LGUs shall be allocated as follows:
Provinces — Twenty-three percent (23%)
Cities — Twenty-three percent (23%)
Municipalities — Thirty-four percent (34%)
Barangays — Twenty percent (20%)
(b) The share of every province, city, and municipality shall be determined on the basis of the following distribution formula:
Population — Fifty percent (50%)
Land Area — Twenty-five percent (25%)
Equal Sharing — Twenty-five percent (25%)
(c) Every barangay with a population of not less than one hundred (100) inhabitants shall be entitled to an IRA share of not less than Eighty Thousand Pesos (P80,000.00) per annum chargeable against the 20% share of the barangays from the total IRA;
(d) After deducting the aggregate sum of the individual barangay share of Eighty Thousand Pesos (P80,000.00) each from the total twenty percent (20%) allocation for all barangays, the remaining balance of said twenty percent (20%) allocation shall be further distributed to the barangays on the basis of the following formula:
(1) For Calendar Year 1992
Population — Forty percent (40%); and
Equal Sharing — Sixty percent (60%).
Population — Fifty percent (50%) and
Equal Sharing — Fifty percent (50%)
(3) For Calendar Year 1994; and thereafter
Population — Sixty percent (60%); and
Equal Sharing — Forty percent (40%).
(e) Financial requirements for the initial year of existence of provinces, cities, and municipalities to be created after the effectivity of the Code shall be specified in the law creating said LGUs.
(f) Financial requirements of barangays created by LGUs after the effectivity of the Code shall be the responsibility of the LGU concerned.
ARTICLE 383. Automatic Release of IRA Shares of LGUs. — (a) The individual shares in IRA of each LGU shall be automatically released, without need of any further action, direct to the provincial, city, municipal, or barangay treasurer, as the case may be, on a quarterly basis but not beyond five (5) days after the end of each quarter.
(b) For the purpose of implementing this Article, the comprehensive Advice of Allotment for the IRA shares of LGUs for the whole year shall be released by DBM within the first ten (10) days of January of every year.
The corresponding Notices of Cash Allocation and checks, however, may be released on a monthly basis but in no case shall the total amount due any LGU for each quarter be released beyond five (5) days after the end of the corresponding quarter.
(c) The IRA share of LGUs shall not be subject to any lien or holdback that may be imposed by the National Government for whatever purpose unless otherwise provided in the Code or other applicable laws and loan contract or project agreements arising from foreign loans and international commitments, such as premium contributions of LGUs to the Government Service Insurance System and loans contracted by LGUs under foreign-assisted projects.
(d) No LGU shall receive an annual IRA share that will be less than the total amount it actually received in 1991.
ARTICLE 384. Allocation of Twenty Percent (20%) IRA Share of LGUs for Development Projects. — It shall be mandatory for each LGU to set aside in its annual budgets amounts no less than twenty percent (20%) of its IRA for the year as appropriation for local development projects that are embodied or contained in the local development plans. Copies of local development plans shall be furnished the DILG.
ARTICLE 385. Simplified Disbursement Scheme. — The Secretary of Finance shall, in consultation with the Secretary of Budget and Management, design and install a simplified disbursement scheme that will ensure the prompt and regular release of the individual IRA shares of all LGUs.
Share of Local Government Units in the National Wealth
ARTICLE 386. Share in the Proceeds from the Development and Utilization of the National Wealth. — (a) LGUs shall have an equitable share in the proceeds derived from the utilization and development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.
(b) The term national wealth shall mean all natural resources situated within the Philippine territorial jurisdiction including lands of public domain, waters, minerals, coal, petroleum, mineral oils, potential energy forces, gas and oil deposits, forest products, wildlife, flora and fauna, fishery and aquatic resources, and all quarry products.
ARTICLE 387. Amount of Share of Local Government Units. — (a) LGUs shall, in addition to the IRA, have a share of forty percent (40%) of the gross collection derived by the National Government from the preceding fiscal year from the following:
(1) Mining taxes, royalties, forestry and fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.
(2) Administrative charges enumerated herein accruing to the National Government whether collected by the National Government collecting agencies or, in certain cases, by LGUs.
(3) Proceeds from the development and utilization of national wealth where the LGU actually collects and automatically retains its share of at least forty percent (40%) of such proceeds shall not form part of the revenue base in the computation of the forty percent (40%) share.
ARTICLE 388. Share of the Local Government Units from Any Government-Owned or Controlled Corporations. — LGUs shall have a share based on the preceding fiscal year from the proceeds derived by any NGA or GOCC engaged in the utilization and development of the national wealth based on the following formula whichever will produce a higher share for the LGU:
(a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or
(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the NGA or GOCC would have paid if it were not otherwise exempt.
ARTICLE 389. Allocation of Shares. — The share in the immediately preceding Article shall be distributed in the following manner:
(a) Where the natural resources are located in the province:
Province — Twenty percent (20%)
Component City or
Municipality — Forty-five percent (45%); and
Barangay — Thirty-five percent (35%)
provided that where the natural resources are located in two (2) or more provinces, or in two (2) or more component cities or municipalities or in two (2) or more barangays, their respective shares shall be computed on the basis of:
Population — Seventy percent (70%); and
Land Area — Thirty percent (30%).
(b) Where the natural resources are located in a highly-urbanized or independent component city:
City — Sixty-five percent (65%); and
Barangay — Thirty-five percent (35%).
provided that where the natural resources are located in such two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) hereof.
ARTICLE 390. Computation and Remittance of the Shares of Local Government Units. — The computation and remittance of the shares of LGUs shall be in accordance with the following procedures:
(a) The computation of the forty percent (40%) share of each LGU in the proceeds from the development and utilization of the national wealth from the preceding year, indicating the corresponding share of each province, city, municipality, and barangay where the national wealth is being developed and/or utilized, shall be submitted by the revenue collecting agencies to DBM not later than the fifteenth (15th) of March of each ensuing year.
(b) The allotment representing the share of each LGU shall be released without need of any further action, directly to the provincial, city, municipal, or barangay treasurers, as the case may be, on a quarterly basis within five (5) days after the end of each quarter, and which shall not be subject to any lien or holdback that may be imposed by the National Government.
(c) Share of LGUs from the proceeds derived by any NGA or GOCC engaged in the utilization and development of national wealth shall be directly remitted by such agency or corporation to the provincial, city, municipal, or barangay treasurer concerned within five (5) days after the end of each quarter. Within three (3) days from the date of remittance, the agency or corporation concerned shall furnish the Treasurer of the Philippines with a copy of the remittance advice.
ARTICLE 391. Development and Livelihood Projects. — The proceeds from the share of LGUs referred to in Article 386 of this Rule shall be appropriated by their respective sanggunian to finance local development and livelihood projects provided that at least eighty percent (80%) of the proceeds derived from the development and utilization of hydrothermal, geothermal, and other sources of energy shall be applied solely to lower the cost of electricity in the LGU where such source of energy is located.
ARTICLE 392. Monitoring of Implementation. — The DILG, in coordination with DOF and in actual consultation with the leagues of LGUs, shall monitor the proper implementation of Part Two of this Rule.
RULE XXXIII
Local Government Credit Financing
ARTICLE 393. Scope. — This Rule shall govern the power of LGUs to create indebtedness and to enter into credit and other financial transactions.
ARTICLE 394. General Policy. — (a) Any LGU may create indebtedness, and avail of credit facilities to finance local infrastructure and other socio-economic development projects in accordance with the approved local development plan and public investment program.
(b) An LGU may avail of credit lines from government or private banks and lending institutions for the purpose of stabilizing local finances.
ARTICLE 395. Loans, Credits, and Other Forms of Indebtedness of Local Government Units. — (a) An LGU may contract loans, credits, and other forms of indebtedness with any government or domestic private bank and other lending institutions to finance the construction, installation, improvement, expansion, operation, or maintenance of public facilities, infrastructure facilities, housing projects, the acquisition of real property, and the implementation of other capital investment projects, subject to such terms and conditions as may be agreed upon by the LGU and the lender. The proceeds from such transactions shall accrue directly to the LGU concerned.
(b) An LGU may secure from any government bank and lending institution short-, medium-, and long-term loans and advances against security of real estate or other acceptable assets for the establishment, development, or expansion of agricultural, industrial, commercial, housing financing, and livelihood projects, and other economic enterprises.
(c) Government financial and other lending institutions are authorized to grant LGUs such loans, credit lines, advances, and other forms of indebtedness for projects and purposes referred in paragraph (b) hereof, preferably at concessional interest rates lower than the prevailing rates as may be authorized by the governing board of the financial or lending institution.
Prevailing rates shall mean the Central Bank standard reference rate for medium-and long-term loans.
(d) The authority of an LGU to incur loans, credits, or other forms of indebtedness shall be exercised through a sanggunian resolution, which shall expressly authorize the governor, the city mayor, the municipal mayor, or the punong barangay concerned to negotiate and enter into contract for purposes of securing the loan, credit, or indebtedness applied for.
ARTICLE 396. Deferred-Payment and Other Financial Schemes. — Provinces, cities, and municipalities may likewise acquire property, plant, machinery, equipment, and such necessary accessories under a supplier's credit, deferred payment plan, or other financial schemes under the following conditions:
(a) That the acquisition of such equipment, machinery, and their accessories shall be governed by the pertinent provisions of Rule XXXV of these Rules, whether such items are to be supplied or purchased from a local or foreign supplier; and
(b) That the local chief executive, through a sanggunian resolution, is authorized to negotiate the contract executed under the deferred payment scheme.
ARTICLE 397. Bonds and Other Long-Term Securities. — (a) Subject to the rules and regulations of the Central Bank and the Securities and Exchange Commission, provinces, cities and municipalities are authorized to issue bonds, debentures, securities, collaterals, notes, and other obligations to finance self-liquidating, income-producing development or livelihood projects pursuant to the priorities established in the approved local development plan or public investment program. The sanggunian concerned shall, through an ordinance approved by a majority of all its members, declare and state the terms and conditions of the bonds and the purpose for which the proposed indebtedness is to be incurred.
(b) In cases where the bond issue shall bear the guarantee of the National Government, the approval of the Secretary of Finance shall be required.
ARTICLE 398. Inter-Local Government Loans, Grants, and Subsidies. — Provinces, cities, and municipalities may, upon approval of a majority of all members of the sanggunian concerned and in amounts not exceeding their surplus funds, extend loans, grants, or subsidies to other LGUs under such terms and conditions as may be agreed upon by the contracting parties.
LGUs may, upon approval of their respective sanggunians, jointly or severally contract loans, credits, and other forms of indebtedness for purposes mutually beneficial to them.
ARTICLE 399. Loans from Funds Secured by the National Government from Foreign Sources. — (a) The President or his duly authorized representative may, through any government financial or other lending institution or agency, relend to any province, city, municipality, or barangay, the proceeds of loans contracted with foreign financial institutions or other international funding agencies for the purpose of financing the construction, installation, improvement, expansion, operation, or maintenance of public and facilities, infrastructure facilities, or housing projects, the acquisition of real property, and the implementation of other capital investment projects, subject to such terms and conditions as may be agreed upon by the President and the LGU concerned. The proceeds from such loans shall accrue directly to the said LGU.
(b) The President may likewise authorize the relending to LGUs of the proceeds of grants secured from foreign sources, subject to the provisions of existing laws and applicable grant agreements.
(c) Repayment or amortization of loans, including accrued interest thereon, may be financed partly from the income of the projects or services and from the regular income of the LGU, which must be provided for and appropriated regularly in its annual budget until the loan and the interest thereon have been fully paid.
ARTICLE 400. Financing, Construction, Maintenance, Operation, and Management of Infrastructure Projects by the Private Sector. — (a) LGUs may enter into contracts with any duly prequalified individual contractor, for the financing, construction, operation, and maintenance of any financially viable infrastructure facilities, under the build-operate-and-transfer (B-O-T) agreement, subject to the applicable provisions of RA 6957 authorizing the financing, construction, operation, and maintenance of infrastructure projects by the private sector and the rules and regulations issued thereunder and such terms and conditions provided in this Article.
(b) LGUs shall include in their respective local development plans and public investment programs priority projects that may be financed, constructed, operated and maintained by the private sector under this Article. It shall be the duty of the LGU concerned to disclose to the public all projects eligible for financing, including official notification of duly registered contractors and publication in newspapers of general or local circulation and in conspicuous and accessible public places. Local projects under the B-O-T agreement shall be confirmed by the LDC concerned.
(c) Projects implemented under this Article shall be subject to the following terms and conditions:
(1) The provincial, city, or municipal engineer, as the case may be, upon formal request in writing by the local chief executive, shall prepare the plans and specifications for the proposed project, which shall be submitted to the sanggunian for approval.
(2) Upon approval by the sanggunian of the project plans and specifications, the provincial, city, or municipal engineer shall, as the case may be, cause to be published once every week for two (2) consecutive weeks in at least one (1) local newspaper which is circulated in the region, province, city or municipality in which the project is to be implemented, a notice inviting all duly qualified contractors to participate in a public bidding for the projects so approved. The conduct of public bidding and award of contracts for local government projects in this Article shall be in accordance with the Code and other applicable laws, rules and regulations.
In the case of a B-O-T agreement, the contract shall be awarded to the lowest complying bidder whose offer is deemed most advantageous to the LGU and based on the present value of its proposed tolls, fees, rentals, and charges over a fixed term for the facility to be constructed, operated, and maintained according to the prescribed minimum design and performance standards, plans, and specifications. For this purpose, the winning contractor shall be automatically granted by the LGU concerned the franchise to operate and maintain the facility, including the collection of tolls, fees, rentals, and charges in accordance with paragraph (c)(4) hereof.
In the case of a B-O-T agreement, the contract shall be awarded to the lowest complying bidder based on the present value of its proposed schedule of amortization payments for the facility to be constructed according to the prescribed minimum design and performance standards, plans, and specifications.
(3) Any contractor who shall undertake the prosecution of any project in this Article shall post the required bonds to protect the interest of the province, city, or municipality, in such amounts as may be fixed by the sanggunian concerned and the provincial, city, or municipal engineer shall, as the case may be, not allow any contractor to initiate the prosecution of projects in this Article unless such contractor presents proof or evidence that he has posted the required bond.
(4) The contractor shall be entitled to a reasonable return of his investment in accordance with his bid proposal as accepted by the LGU concerned.
In the case of a B-O-T agreement, the repayment shall be made by authorizing the contractor to charge and collect reasonable tolls, fees, rentals, and charges for the use of the project facility not exceeding those proposed in the bid and incorporated in the contract provided that the LGU concerned shall, based on reasonableness and equity, approve the tolls, fees, rentals, and charges provided, further, that the imposition and collection of tolls, fees, rentals, and charges shall be for a fixed period as proposed in the bid and incorporated in the contract which shall in no case exceed fifty (50) years and provided, finally, that during the lifetime of the contract, the contractor shall undertake the necessary maintenance and repair of the facility in accordance with standards prescribed in the bidding documents and in the contract.
In the case of a B-O-T agreement, the repayment shall be made through amortization payments in accordance with the schedule proposed in the bid and incorporated in the contract.
In case of land reclamation or construction of industrial estates, the repayment plan may consist of the grant of a portion or percentage of the reclaimed land or the industrial estate constructed.
(5) Every infrastructure project undertaken in this Article shall be constructed, operated, and maintained by the contractor under the technical supervision of the LGU and in accordance with the plans, specifications, standards, and costs approved by it.
(d) The provincial, city or municipal legal officer shall, as the case may be, review the contracts executed pursuant to this Article to determine their legality, validity, enforceability, and correctness of form.
(e) The pertinent Rules and Regulations Implementing RA 6957 shall form part of this Rule (Annex D).
ARTICLE 401. Remedies and Sanctions. — LGUs shall appropriate in their respective annual budgets such amount as are sufficient to pay the loans and other indebtedness incurred or redeem or retire bonds, debentures, securities, notes, and other obligations issued pursuant to this Rule provided that failure to provide the appropriations herein required shall render their annual budgets inoperative.
Any LGU, through its local chief executive and upon authorization by the sanggunian concerned, may authorize the National Government to deduct or withhold a portion of its IRA share for the payment of its contractual obligation, subject to the limitations in Article 419(b) of Rule XXXIV of these Rules. For this purpose, the resolution of the sanggunian shall clearly state the name of the creditor, the nature of the indebtedness, the amount to be withheld, and a period of time that such withholding of IRA shares shall be made.
ARTICLE 402. Prohibited Acts Related to the Awards of Contract. — It shall be unlawful for any public official or employee in the province, city or municipality, or their relatives within the fourth civil degree of consanguinity or affinity, to enter into or have any pecuniary interest in any contract for the construction, acquisition, operation, or maintenance of any project awarded pursuant to the provisions of this Rule, or for the procurement of any supplies, materials, or equipment of any kind to be used in the said project. Any person convicted for violation of the provisions of this Rule shall be removed from office and shall be punished with imprisonment of not less than one (1) month but not more than two (2) years, at the discretion of the court, without prejudice to prosecution under other laws.
ARTICLE 403. Technical Assistance. — The DOF may provide technical assistance to any LGU in the availment of credit facilities, flotation of bonds, contracting of loans, and other indebtedness and shall issue such guidelines as may be necessary for the purpose.
RULE XXXIV
Local Government Budgeting
ARTICLE 404. Scope. — This Rule shall cover the budgeting operations of provinces, cities, municipalities, and barangays.
ARTICLE 405. Fundamental Principles. — The following fundamental principles shall govern local government budgeting:
(a) National planning shall be based on local planning to ensure that the needs and aspirations of the people as well as those of the LGUs shall be considered in the formulation of budgets of NGAs;
(b) Local budget plans and goals shall, as far as practicable, be harmonized with national development goals and strategies in order to optimize the utilization of resources and to avoid duplication in the use of fiscal and physical resources;
(c) LGUs shall formulate sound financial plans, and local budgets shall be based on functions, activities, and projects, in terms of expected results;
(d) LGUs shall ensure that their respective budgets incorporate the requirements of their component LGUs and provide for equitable allocation of resources among these LGUs;
(e) Local government budgets shall operationalize approved local development plans;
(f) No money shall be paid out of the local treasury except in pursuance of an appropriations ordinance or law;
(g) LGUs shall endeavor to have a balanced budget in each fiscal year of operation;
(h) Local government funds and monies shall be spent solely for public purposes;
(i) Trust funds in the local treasury shall not be paid out except in fulfillment of the purpose for which the trust was created or the funds received;
(j) Fiscal responsibility shall be shared by all those exercising authority over financial affairs, transactions, and operations of LGUs;
(k) Local revenue is generated only from sources expressly authorized by law or ordinance, and collection thereof shall at all times be acknowledged properly;
(l) All monies officially received by a local government officer in any capacity or on any occasion shall be accounted for as local funds, unless otherwise provided by law; and
(m) Every officer of LGU whose duties permit or require the possession or custody of local funds shall be properly bonded, and such officer shall be accountable and responsible for said funds and for the safekeeping thereof in conformity with the provisions of law.
ARTICLE 406. Definition of Terms. — (a) Annual Budget refers to a financial plan embodying the estimates of income and expenditures for one (1) fiscal year;
(b) Appropriation refers to an authorization made by the ordinance directing the payment of goods and services from local government funds under specified conditions or for specific purposes;
(c) Budget Document refers to the instruments used by the local chief executive to present a comprehensive financial plan to the sanggunian concerned;
(d) Capital Outlay refers to appropriation for the purchase of goods and services, the benefits of which extend beyond the fiscal year and which add to the assets of the LGU concerned, including investments in public utilities such as public markets and slaughterhouses;
(e) Continuing Appropriation refers to an appropriation available to support obligation for a specified purpose or project, such as those for the construction of physical structures or for the acquisition of real property or equipment, even when these obligations are incurred beyond the budget year;
(f) Current Operating Expenditures refer to appropriations for the purchase of goods and services for the conduct of normal local government operations within the fiscal year, including goods and services that will be used or consumed during the budget year;
(g) Expected Results refer to services, products, or benefits that will accrue to the public, estimated in terms of performance, measures, or physical targets;
(h) Fund refers to a sum of money or other assets convertible to cash, set aside for the
purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations and constitutes an independent fiscal and accounting entity;
(i) Income refers to all revenues and receipts collected or received forming the gross accretions of funds of the LGU;
(j) Obligations refer to an amount committed to be paid by the LGU for any lawful act made by an accountable officer for and in behalf of the LGU concerned;
(k) Personal Services refer to appropriations for the payment of salaries, wages, and other compensation of temporary, contractual, and casual employees of the LGU;
(l) Receipts refer to income realized from the operations and activities of the LGU or are received by the LGU in the exercise of its corporate functions, consisting of charges for services rendered, conveniences furnished, or the price of a commodity sold, as well as loans, contributions or aids from other entities, except provisional advances for budgetary purposes;
(m) Revenues refer to income derived from the regular system of taxation enforced under the authority of law or ordinance and as such, accrue more or less regularly every year.
ARTICLE 407. Composition. — Local government budgets shall primarily consist of two (2) parts:
(a) The estimates of income; and
(b) The total appropriations covering the current operating expenditures and capital outlays.
ARTICLE 408. Form and Content. — The budget document shall contain:
(a) A budget message of the local chief executive setting forth in brief the significance of the executive budget, particularly in relation to the approved local development plan;
(b) A brief summary of the functions, projects, and activities to be accomplished in pursuit of the goals and objectives of the LGU for the ensuing fiscal year, specifically the delivery of basic services or facilities enumerated in Rule V of these Rules.
(c) Summary of financial statements setting forth:
(1) The actual income and expenditures during the immediately preceding year;
(2) The actual income and expenditure of the first two (2) quarters and the estimates of income and expenditure for the last two (2) quarters of the current fiscal year;
(3) The estimates of income for the ensuing fiscal year from ordinances and laws existing at the time the proposed budget is transmitted, together with other revenue-raising proposals;
(4) The estimated expenditures necessary to carry out the functions, projects, and activities of the LGU for the ensuing fiscal year;
(5) All essential facts regarding the bonded and other long-term obligations and indebtedness of the LGU, if any;
(6) Summary statement of all statutory and contractual obligations due; and
(7) Such other financial statements and data as are deemed necessary or desirable in order to disclose in all practicable detail the financial condition of the LGU.
ARTICLE 409. Internal Revenue Allotment and Shares in the Utilization of National Wealth. — For purposes of budget preparation, DBM and other appropriate NGAs and GOCCs concerned, shall provide LGUs, not later than the fifteenth (15th) day of June of each year, information as to their allocation of, and shares from, the utilization and development of national wealth, if any, for the budget year.
ARTICLE 410. Submission of Local Development Plan. — LDCs shall submit to the local finance committee a copy of the local development plan and annual investment program prepared and approved during the fiscal year before the calendar for budget preparation in accordance with applicable laws, specifying therein projects proposed for inclusion in the local government budget as well as in the budgets of NGAs or GOCCs concerned.
The local finance committee shall use the plan to ensure that projects proposed for local funding are included in the budget.
NGAs and GOCCs shall provide LGUs all necessary information on projects already funded in their respective budgets. Such information shall include specifically, among other things: name of project, location, sources, and levels of funding for said projects. The same information must be made available to the local finance committee concerned within the first quarter of the year to avoid duplications in funding project proposals.
ARTICLE 411. Submission of Detailed Statements of Income and Expenditures. — On or before the fifteenth (15th) day of July of each year, local treasurers shall submit to their respective local chief executives a certified statement, covering the income and expenditures of the preceding fiscal year, the actual income and expenditures of the first two (2) quarters of the current year and the estimated income and expenditures for the last two (2) quarters of the current year.
All statements of income and expenditures referred to in this Article, shall be jointly certified by the local treasurer and the local accountant.
ARTICLE 412. Local Finance Committee. — There shall be created in every province, city, or municipality a local finance committee to be composed of the local planning and development coordinator, the local budget officer, and the local treasurer. The committee shall:
(a) Determine the income reasonably projected as collectible for the ensuing fiscal year;
(b) Recommend appropriate tax and other revenue measures or borrowing which may be required to support the budget;
(c) Recommend to the local chief executive concerned the level of annual expenditures and ceilings of spending for economic, social, and general services based on the approved local development plans;
(d) Recommend to the local chief executive concerned the proper allocation of expenditures for each development activity between current operating expenditures and capital outlays;
(e) Recommend to the local chief executive concerned the amount to be allocated for capital outlay under each development activity or infrastructure project;
(f) Assist the sangguniang panlalawigan in the review and evaluation of the budget of component cities and municipalities in the case of the provincial finance committee, the barangay budgets in the case of the city or the municipal finance committee, and recommend appropriate action thereon;
(g) Assist the sanggunian concerned in the analysis and review of annual regular and supplemental budgets of the respective LGUs to determine compliance with statutory and administrative requirements; and
(h) Conduct semi-annual review and general examination of costs and accomplishments against performance standards applied in undertaking development projects, and prepare a report thereon. A copy of the report shall be furnished the local chief executive and the sanggunian concerned, and shall be posted in conspicuous and publicly accessible places in the provinces, cities, municipalities, and barangays.
ARTICLE 413. Submission of Budget Proposals by Heads of Offices or Departments. — (a) Each head of office or department shall submit a budget proposal for his office or department to the local chief executive on or before the fifteenth (15th) day of July of each year.
The budget proposal of each office or department shall be categorized under either economic, social, or general services. Each service shall be covered by the budget of at least one (1) office or department of the LGU.
(b) The basic services and facilities shall be funded from the share of LGUs in the proceeds of national taxes and other local revenues, and funding support from the National Government, its instrumentalities and GOCCs which are tasked by law to establish and maintain such services or facilities. Any fund or resource available for the use of LGUs shall first be allocated for the provision of basic services or facilities enumerated in Rule V of these Rules before applying the same for other purposes, unless otherwise provided in these Rules.
(c) The budget proposal shall be prepared in accordance with such policy and program guidelines as the local chief executive may issue in conformity with the local development plan, the budgetary ceilings prescribed by the local finance committee, and the budgetary requirements and limitations prescribed under this Rule.
(d) The budget proposal of offices or departments shall be divided into two (2) parts:
(1) Current Operating Expenditures; and
(2) Capital Outlays.
(e) The budget proposal shall contain the following information:
(1) Objectives, functions, and projects showing the general character and relative importance of the work to be accomplished or the services to be rendered, and the costs thereof;
(2) Organizational charts and staffing patterns indicating the list of plantilla positions with their corresponding salaries, and proposals for reclassification of positions and salary changes, as well as the creation of new positions with their proposed salary grade, duly supported by proper justification;
(3) Brief description of the functions, projects, and activities for the ensuing fiscal year, expected results for each function, project, and activity, and the nature of work to be performed, including the objects of expenditure for each function, project, and activity;
(4) Relation of the work and financial proposals to approved local development plans;
(5) Estimated current operating expenditures and capital outlays with comparative date for the last two (2) preceding fiscal years, and current and ensuing fiscal years; and
(6) Accomplishment reports for the last two (2) preceding and the current fiscal years.
(f) The budget proposal of the sanggunian shall be submitted in the same manner and within the same period as those of the other offices or departments in the LGU.
ARTICLE 414. Preparation of Executive Budget. — Upon receipt of the statement of incomes and expenditures from the local treasurer, the budget proposals of the heads of offices or departments, and the estimates of income and budgetary ceilings from the local finance committee, the local chief executive shall prepare the executive budget for the ensuing fiscal year.
The local chief executive shall submit the executive budget to the sanggunian concerned not later than the sixteenth (16th) day of October of the current fiscal year. If the local chief executive fails to submit the budget within the prescribed date, he shall be subject to such criminal and administrative penalties as provided under these Rules and other applicable laws.
ARTICLE 415. Budget Authorization. — (a) Legislative Authorization of the Budget — On or before the end of the current fiscal year, the sanggunian concerned shall enact, through an ordinance, the annual budget of the LGU for the ensuing fiscal year on the basis of the estimates of income and expenditures submitted by the local chief executive.
In case the sanggunian concerned fails to pass the ordinance authorizing the annual appropriations at the beginning of the ensuing fiscal year, the ordinance authorizing the appropriations of the preceding year shall be deemed reenacted. The sanggunian shall continue to hold sessions without additional remuneration for its members until the ordinance authorizing the annual appropriations is approved, and no other business may be taken up during such sessions. If the sanggunian still fails to enact such ordinance after ninety (90) days from the beginning of the fiscal year, the reenacted budget shall remain in force and effect until such time that the ordinance authorizing the annual appropriations is approved by the sanggunian concerned. Only the annual appropriations for salaries and wages of existing positions, statutory and contractual obligations, and essential operating expenses authorized in the annual and supplemental budgets for the preceding year shall be deemed reenacted and disbursement of funds shall be in accordance therewith.
In the implementation of the reenacted budget, the local treasurer concerned shall exclude from estimates of income for the preceding year those realized from non-recurring sources, like national aids, proceeds from loans, sale of assets, prior year adjustments, and other analogous sources of income. National aids shall not include the IRA of LGUs and their shares in the utilization and development of national wealth.
No ordinance authorizing supplemental appropriations shall be passed in place of annual appropriations.
In case the revised income estimates be less than the aggregate reenacted appropriations, the local treasurer concerned shall accordingly advise the sanggunian concerned which shall, within ten (10) days from receipt of such advice, make necessary adjustments or reductions. The revised appropriations authorized by the sanggunian concerned shall then be the basis for disbursements.
The local sanggunian may not increase the proposed amount in the executive budget nor include new items except to provide for statutory and contractual obligations but in no case shall it exceed the total appropriations in the executive budget.
(b) Veto Power of the Local Chief Executive — The local chief executive may veto any ordinance of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefore in writing.
The local chief executive, except the punong barangay, shall exercise the power to veto any particular item or items of an appropriations ordinance, or an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such cases, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner provided in Rule XVII of these Rules; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.
ARTICLE 416. Effectivity of Budgets. — (a) The ordinance enacting the annual budget shall take effect at the beginning of the ensuing calendar year.
(b) Supplemental budget shall take effect upon its approval or on the date fixed in the ordinance.
The local chief executive shall be primarily responsible for the execution and accountability for the annual and supplemental budgets.
ARTICLE 417. Changes in the Annual Budget. — Changes in the annual budget may be done through supplemental budgets.
No ordinance providing for a supplemental budget shall be enacted except for the following:
(a) When supported by funds actually available as certified by the local treasurer; or by new revenue sources;
Funds actually available refers to the amount of money actually collected as certified by the local treasurer during a given fiscal year which is over and above the realized estimated income of that year. An appropriation ordinance providing for the supplemental budget sourced out of funds actually available shall be enacted only once during the fiscal year.
(b) In times of public calamity by way of budgetary realignment to set aside appropriations for the purchase of supplies and materials or the payment of services which are exceptionally urgent or absolutely indispensable to prevent imminent danger to, or loss of, life or property, in the jurisdiction of the LGU or in other areas declared in a state of calamity by the President. Such ordinance shall clearly indicate the sources of funds available for appropriations, as certified under oath jointly by the local treasurer and the local accountant and attested by the local chief executive, and the various items of appropriations affected, and the reasons for the change.
ARTICLE 418. Reversion of Unexpanded Balances of Appropriations; Continuing Appropriations. — (a) Unexpected balances of appropriations authorized in the appropriations ordinance shall revert to the balance at the end of the fiscal year and shall not thereafter be available for expenditure except by subsequent enactment. Appropriations for capital outlays shall continue and remain valid until fully spent or the project is completed.
(b) Reversions of continuing appropriations shall not be allowed unless obligations therefore have been fully paid or otherwise settled. Balances of continuing appropriations shall be reviewed as part of the annual budget preparation. The sanggunian concerned may approve, upon recommendation of the local chief executive, the reversion of funds no longer needed in connection with the activities funded by said continuing appropriations.
Continuing appropriations refer to appropriations available to support obligations for a specified purpose or project, even when these obligations are beyond the budget year.
ARTICLE 419. Budgetary Requirements. — The budgets of LGUs for any fiscal year shall comply with the following requirements:
(a) The aggregate amount appropriated shall not exceed the estimates of income;
(b) Full provision shall be made for all statutory and contractual obligations of the LGU concerned provided that the amount of appropriations for debt servicing shall not exceed twenty percent (20%) of the regular income of the LGU concerned.
Regular income refers to the estimates of regular income for the budget year as determined by the local finance committee.
(c) In the case of provinces, cities, and municipalities, aid to barangays shall be provided in amounts of not less than One thousand Pesos (P1,000.00) per barangay; and
(d) Five percent (5%) of the estimated revenue from regular sources shall be set aside as an annual lump sum appropriation for unforeseen expenditures arising from the occurrence of calamities provided that such appropriation shall be used only in the area or a portion thereof of the LGU, or other areas declared in a state of calamity by the President.
ARTICLE 420. General Limitations. — (a) The total appropriations, whether annual or supplemental, for personal services of an LGU for one (1) fiscal year shall not exceed forty-five percent (45%) in the case of first to third class provinces, cities, and municipalities, and fifty-five percent (55%) in the case of fourth or lower class provinces, cities, and municipalities, of the total annual income from regular sources realized in the next preceding fiscal year. The appropriations for salaries, wages, representation and transportation allowances of officials and employees of public utilities and economic enterprises owned, operated, and maintained by the LGU concerned shall not be included in the annual budget and in the computation of the maximum amount for personal services. The appropriations for personal services of such economic enterprises shall be charged to their respective budgets. The limitations prescribed herein shall apply only after the LGU shall have complied with the implementation of RA 6758 or Salary Standardization Law for existing and mandatory positions.
(b) No official or employee shall be entitled to a salary rate higher than the maximum fixed for his position or other positions of equivalent rank by applicable laws, rules and regulations issued thereunder;
(c) No local fund shall be appropriated to increase or adjust salaries or wages of officials and employees of the National Government, except as may be expressly authorized by law;
(d) In cases of abolition of positions and creation of new ones resulting from the abolition of existing positions in the career service, such abolition or creation shall be made in accordance with pertinent provisions of these Rules and civil service law, rules and regulations;
(e) Positions in the official plantilla for career positions which are occupied by incumbents holding permanent appointments shall be covered by adequate appropriations;
(f) No changes in designation or nomenclature of positions resulting in a promotion or demotion in rank or increase or decrease in compensation shall be allowed, except when the position is actually vacant, and the filing of such positions shall be strictly made in accordance with civil service law, rules and regulations;
(g) The creation of new positions and salary increases or adjustments shall in no case be made retroactive; and
(h) The annual appropriations for discretionary purposes of the local chief executive shall not exceed two percent (2%) of the actual receipts derived from basic real property tax in the next preceding calendar year. Discretionary funds shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. No amount shall be appropriated for the same purpose except as authorized in this Article.
ARTICLE 421. Review of Appropriations Ordinances of Provinces, Highly-Urbanized Cities and Independent Component Cities, and Municipalities within the Metropolitan Manila Area. — DBM shall review ordinances authorizing the annual or supplemental appropriations of provinces, highly-urbanized cities, independent component cities, and municipalities within MMA in accordance with the immediately succeeding Article.
ARTICLE 422. Review of Appropriations Ordinances of Component Cities and Municipalities. — (a) The Sangguniang Panlalawigan shall review the ordinances authorizing annual or supplemental appropriations of component cities and municipalities in the same manner and within the same period prescribed for the review of other ordinances.
(b) If within ninety (90) days from receipt of copies of appropriations ordinances of component cities and municipalities, the sangguniang panlalawigan takes no action thereon, the same shall be deemed to have been reviewed in accordance with law and shall continue to be in full force and effect. If within the same period, the sangguniang panlalawigan shall have ascertained that the ordinance authorizing annual or supplemental appropriations has not complied with the budgetary requirements and limitations provided in this Rule, the sangguniang panlalawigan shall, within the ninety-day period herein prescribed, declare such ordinance inoperative in its entirety or in part. Items of appropriation contrary to limitations prescribed in this Rule or in excess of the amounts prescribed herein shall be disallowed or reduced accordingly.
The sangguniang panlalawigan shall, within the same period advise the sangguniang panlungsod or Sangguniang bayan concerned through the local chief executive, of any action on the ordinance under review. Upon receipt of such advice, the city or municipal treasurer concerned shall not make further disbursements of funds from any of the items of appropriation declared inoperative, disallowed, or reduced.
(c) Appropriations for ordinary administrative purposes not duly obligated shall terminate with the fiscal year and all unexpended balances thereof shall be automatically reverted on the thirty-first (31st) day of December of each year to the general fund of LGU.
ARTICLE 423. Preparation of Barangay Budgets. — (a) Unless otherwise provided in this Rule, all the income of the barangay from whatever source shall accrue to its general fund and shall, at the option of the barangay concerned, be kept as trust fund in the custody of the city or municipal treasurer or be deposited in a bank, preferably government-owned, situated in or nearest to its area of jurisdiction. Such funds shall be disbursed in accordance with the provisions of this Rule.
Ten percent (10%) of the general fund of the barangay shall be set aside for the sangguniang kabataan. The said ten percent (10%) share shall be appropriated and administered by the sangguniang kabataan and shall be spent for the purposes provided in Rule XXVII of these Rules except for personal services.
(b) On or before the fifth (5th) day of September each year, the city or municipal treasurer, jointly with the city or municipal accountant, shall issue a certified statement covering the actual income of the past year and estimates of income of the current and ensuing fiscal years from local sources for the barangay concerned. Based on such certified statements, the barangay treasurer shall submit, on or before the fifteenth (15th) day of September of each year, to the punong barangay a statement covering the estimates of income and expenditures for the past, current, and ensuing fiscal years.
(c) Upon receipt of the statement of income and expenditures from the barangay treasurer, the punong barangay shall prepare the barangay budget for the ensuing fiscal year in the manner and within the period prescribed in this Rule and submit the annual barangay budget to the sangguniang barangay for enactment.
(d) The total annual appropriations of a barangay for personal services, inclusive of benefits provided under applicable laws for one (1) fiscal year, shall not exceed fifty-five percent (55%) of the total annual income actually realized from local sources during the next preceding fiscal year.
(e) The barangay budget including changes therein shall be subject to the same budgetary requirements and limitations applicable to other local government budgets.
(f) The barangay ordinance enacting the annual budget shall take effect at the beginning of the ensuing calendar year. An ordinance enacting a supplemental budget shall take effect upon its approval or on the date fixed therein.
(g) The punong barangay shall be primarily responsible for the execution of and the accountability for the annual and supplemental budgets of the barangay.
ARTICLE 424. Review of Barangay Budgets. — (a) Within ten (10) days from its approval, copies of the barangay ordinance authorizing the annual appropriations shall be furnished the sangguniang panlungsod or the sangguniang bayan, through the city or municipal budget officer, as the case may be.
(b) The sanggunian concerned shall review the barangay ordinance to ensure compliance thereof with all the budgetary requirements and limitations provided in this Rule.
(c) If within sixty (60) days after receipt of the barangay ordinance the sanggunian concerned takes no action thereon, said ordinance shall continue to be in full force and effect. If within the same period the sanggunian concerned shall have ascertained that the subject ordinance contains appropriations in excess of the estimates of income duly certified as collectible, or that the same has not complied with the established budgetary requirement, said ordinance shall be declared inoperative in its entirety or in part. Items of appropriations contrary to or in excess of any of the general limitations or the maximum amount prescribed in this Rule shall be disallowed or reduced accordingly.
(d) Within the established reglementary period, the sangguniang panlungsod or sangguniang bayan concerned shall return the barangay ordinance, through the city or municipal budget officer, to the punong barangay with the advice of action thereon in the form of a resolution or letter of review, as may be prescribed by the sanggunian concerned, for proper and appropriate adjustments and corrections; in which case, the barangay shall operate on the ordinance authorizing annual appropriations of the preceding fiscal year until such time that the new ordinance authorizing annual appropriations for the year in question shall have met the objections and disallowances raised by the reviewing sanggunian.
Upon receipt of the review action on the budget, the barangay treasurer or the city or municipal treasurer who has custody of the barangay funds shall not make further disbursements from any items of appropriation declared inoperative, disallowed, or reduced.
ARTICLE 425. Barangay Financial Procedures. — (a) The barangay treasurer shall collect taxes, fees, and other charges due and contributions accruing to the barangay. Official Receipts shall be issued for all such collections.
(b) When deputized by the provincial or city or municipal treasurer, the barangay treasurer shall collect real property taxes and all other taxes as may be imposed by the province, city, or municipality, as the case may be, due the barangay.
(c) Within five (5) days after receipt of collections, the barangay treasurer shall deposit all collections with the city, or municipal treasurer, or in the depository account maintained in the name of the barangay.
(d) The barangay treasurer may be authorized by the sangguniang barangay to:
(1) Hold petty cash that shall not exceed twenty percent (20%) of the funds available and to the credit of the barangay treasury; and
(2) Make direct purchases amounting to not more than One Thousand Pesos (P1,000.00) at any time for the ordinary and essential needs of the barangay.
(e) The financial records of the barangay such as books of accounts, ledgers, statements of income and expenditures, balance sheets, trial balances, and other documents shall be kept in the office of the city or municipal accountant in a simplified manner as may be prescribed by COA. The representatives of COA shall audit the accounts and financial records of the barangay annually, or as often as may be necessary, and shall submit an audit report thereon to the sangguniang panlungsod or sangguniang bayan, as the case may be.
The COA shall prescribe simplified procedures for barangay finances within six (6) months after approval of these Rules.
ARTICLE 426. Responsibility of the Department of Budget and Management and the Commission of Audit. — (a) The DBM, jointly with COA shall, within one (1) year from the effectivity of these Rules, promulgate a Budget Operations Manual for LGUs to improve and systematize methods, techniques, and procedures in local government budget preparation, authorization, execution, and accountability.
(b) The DBM shall promulgate such administrative issuances as may be needed from time to time relative to the implementation of the provisions of this Rule.
(c) The DBM shall, upon request of LGUs, extend technical assistance on local government budgeting.
RULE XXXV
Local Government Supply and Property Management
ARTICLE 427. Scope. — This Rule shall govern the procurement, care, utilization, custody, and disposal of supplies and the other aspects of supply management in an LGU.
This Rule shall not cover direct purchase made by the barangay treasurer that may be authorized by the sangguniang barangay pursuant to Article 101, Rule XVII of these Rules.
ARTICLE 428. Definition of terms. — (a) Lowest Complying and Responsible Bid refers to the proposal of one who offers the lowest price and meets all the technical specifications and requirements of the supplies desired, and as a dealer in the line of supplies involved, maintains a regular establishment, and has complied consistently with previous commitments;
(b) Suitable Substitute refers to that kind of article which would serve substantially the same purpose or produce substantially the same results as the brand, type, or make of article originally designed or requisitioned;
(c) Supplies include everything, except real property, which may be needed in the transaction of public business or in the pursuit of any undertaking, project, or activity, whether in the nature of equipment, furniture, stationary materials for construction or personal property of any sort, including non-personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related services; and
(d) Terms and Conditions refer to other requirements not affecting the technical specifications and requirements of the required supplies desired such as bonding, terms of delivery and payment, and related preferences.
ARTICLE 429. General Rule in Procurement or Disposal. — Except as otherwise provided in this Rule, acquisition of supplies by LGUs shall be through competitive public bidding. Supplies which have become unserviceable or are no longer needed shall be sold, whenever applicable, at public auction, subject to applicable rules and regulations.
The governor or city mayor, through the provincial or city general services officer, respectively, and the municipal mayor or punong barangay, through the municipal or barangay treasurer, shall provide for the efficient and effective property management in an LGU.
ARTICLE 430. Procurement Organization. — The office of the provincial or city general services officer shall exercise the function of acquiring all necessary supplies for the province and the city, respectively. The municipal treasurer and the barangay treasurer shall exercise the same function for the municipality and barangay, respectively.
ARTICLE 431. Annual Procurement Program. — (a) On or before the fifteenth (15th) day of July each year, the local chief executive shall prepare an annual procurement program for the ensuing fiscal year which shall contain an itemized quantity of supplies needed for the entire fiscal year, complete descriptions thereof as to kind, quantity and quality, estimated cost, and the balance on hand. The total estimated cost of the approved annual procurement program shall not exceed the total appropriations authorized for the acquisition of supplies.
LGUs may augment the supplies and equipment provided by the Supreme Court to the lower courts located in their respective jurisdictions.
(b) Except in emergency cases or where urgent indispensable needs could not have been reasonably anticipated, no purchase of supplies or property shall be made unless included in, or covered by, the approved procurement program.
(c) The conversion of excess cash into supplies or stock is prohibited except to the extent of the kind and quantity specified in the approved annual procurement plan.
(d) A violation of this Article shall be a ground for suspension or dismissal of any official or employee responsible therefore.
ARTICLE 432. Requisition Procedures. — (a) Requirement of Requisition — Any order for supplies shall be filled by the provincial general services officer, the city general services officer, the municipal treasurer or barangay treasurer, as the case may be, for any office or department of LGU concerned only upon written requisition as hereinafter provided.
(b) Preparation of Requisition — Requisition shall be prepared by the head of office or department, or the punong barangay for the barangay, needing the supplies, who shall certify as to their necessity for official use and shall specify the project or activity where the supplies or property are to be used.
(c) Certification on Existence of Appropriations — Every requisition must be accompanied by a request for obligation and allotment showing the certification of the local budget officer, the local accountant, and the local treasurer that an appropriation therefore exists; that the estimated amount of such expenditure has been obligated; and that funds are available for the purpose, respectively.
In case of the barangays, every requisition must be accompanied by a request for obligation and allotment showing the certifications of: the chairman of the committee on appropriations or its equivalent of the sangguniang barangay that an appropriation exists; the city or municipal accountant that the amount has been obligated; and the barangay treasurer that funds are available for the purpose.
(d) Forms to be Used — Requisitions shall be accomplished using the following forms:
(1) Requisition and Issue Voucher (RIV) for supplies carried in stock; and
(2) Purchase Request (PR) for supplies not carried in stock.
(c) Approval of Requisitions — Approval of requisition by the head of the office or department concerned who has administrative control of the appropriation against which the proposed expenditure is chargeable is deemed sufficient, except in case of requisition for supplies to be carried in stock which shall be approved by the local chief executive concerned provided that such supplies are listed or included in the annual procurement plan and the maximum quantity thereof does not exceed the estimated consumption corresponding to a programmed three-month period and provided further that nothing herein contained shall be construed as authorizing the purchase of furniture and equipment for stock purposes.
The punong barangay shall approve all requisitions of the barangay.
ARTICLE 433. Call for Bids. — When procurement is to be made by LGUs, the provincial general services officer or city general services officer, or the municipal treasurer, or barangay treasurer shall call bids for open public competition. The call for bids shall show the complete specifications and technical descriptions of the required supplies and shall embody all terms and conditions of participation and award, terms of delivery and payment, and all other covenants affecting the transaction. In all calls for bids, the right to waive any defect in the tender as well as the right to accept the bid most advantageous to the government shall be reserved. In no case, however, shall failure to meet the specifications or technical requirements of the supplies desired be waived.
ARTICLE 434. Publication of Call for Bids. — (a) The call for bids shall be given the widest publicity possible, sending by mail or otherwise, any known prospective participant in the locality, copies of the call and by posting copies of the same in at least three (3) publicly accessible and conspicuous places in the provincial capitol or city, municipal, or barangay hall, as the case may be. The provincial general services officer, or the city general services officer, or municipal treasurer, or barangay treasurer, as the case may be, shall certify to the effect that these requirements have been complied with.
(b) The notice of the bidding may likewise be published in a newspaper of general circulation in the territorial jurisdiction of LGU concerned when the provincial general services officer, city general services officer, or the municipal treasurer, or the barangay treasurer, as the case may be, deems it necessary in order to obtain the lowest responsible and complying bid.
Unless otherwise directed by the committee on awards, publication shall be made at least ten (10) calendar days prior to the opening of bids.
ARTICLE 435. Committee on Awards. — (a) There shall be in every province, city, or municipality a committee on awards which shall exercise exclusive jurisdiction in deciding the winning bids and questions of awards on procurement and disposal of supplies or property except in cases of procurement through emergency purchase, or when the amortization is specifically vested by law in another body.
(b) The committee on awards shall be composed of the local chief executive as chairman; the local treasurer, the local accountant, the local budget officer, the provincial general services officer, the city general services officer, and the head of office or department for whose use the supplies are being procured, as members. In case a head of office or department would sit in a dual capacity, a member of the sanggunian elected from among its members shall sit as a member.
(c) The committee on awards of the barangay shall be the sangguniang barangay.
(d) In no case shall a National Government official sit as a member of the committee on awards.
ARTICLE 436. Procedures on Awards. — (a) Roster of Bidders — The provincial general services officer, the city general services officer, the municipal treasurer, or the barangay treasurer, respectively, shall maintain a list of bona fide bidders in their respective LGUs.
(b) Obligations of Bidders — Every bidder shall be presumed to know all terms and conditions of the call for bid and shall assume all risks attendant thereto.
(c) Quotations — Quotations must be certain and definite in amount. Unless otherwise called for in the call for bids, all quotations must be in Philippine currency inclusive of all government taxes, fees, imposts, or duties, if any, and all incidental expenses.
The bidders shall state the period during which offer is good, which in no case shall be less than sixty (60) days.
(d) Submission of Bids — On or before the time and date of opening of bids, the bidders shall submit their bids in sealed envelopes to the offices of the provincial general services officer and city general services officer or in the offices of the municipal treasurer or barangay treasurer, as the case may be. Said offices shall stamp thereon the time and date of receipt.
(e) Opening of Bids — All bids submitted shall be opened at the time, date and place set in the call for bids by the committee on awards. Opening of bids shall be made only in the presence of the provincial, city, or municipal auditor or his duly authorized representative who shall initial and secure copies of the bids and certify the abstract of the bidding.
Bidders or their representatives may witness the proceedings.
(f) Acceptance of Bids and Awards — Award in the procurement of supplies shall be given to the lowest complying and responsible bid which meets all the terms and conditions of the contract or undertaking.
The results of the bidding shall be made public by posting the same in the provincial capitol or city, municipal, or barangay hall, as the case may be.
(g) Protest Against an Award — A losing bidder may file with the committee on awards a protest within ten (10) days from the date the winner was announced. The protest shall be in writing based on justifiable grounds, accompanied with a protest bond, either in cash, certified or cashier's check, or surety bond, in an amount equivalent to ten percent (10%) of the total value involved. Within seven (7) days from receipt of the protest, the committee on awards shall render its decision.
ARTICLE 437. Procurement Without Public Bidding. — The procurement of supplies may be made without the benefit of public bidding under any of the following modes:
(a) Procurement through Personal Canvass — Upon approval by the committee on awards, procurement of supplies may be effected after personal canvass of at least three (3) responsible merchants or suppliers in the locality by a committee of three (3) composed of the provincial or city general services officer or the municipal or barangay treasurer, as the case may be, the local accountant, and the head of office or department for whose use the supplies are being procured. The award shall be decided by the committee on awards.
Purchases through personal canvass under this paragraph shall not exceed the amounts specified hereunder for all items in any one (1) month for each LGU:
Provinces and Cities, and Municipalities within MMA:
First and Second Class — One Hundred Fifty Thousand Pesos (P150,000.00);
Third and Fourth Class — One Hundred Thousand Pesos (P100,000.00);
Fifth and Sixth Class — Fifty Thousand Pesos (P50,000.00);
Municipalities outside MMA:
First Class — Sixty Thousand Pesos (P60,000.00);
Second and Third Class — Forty Thousand Pesos (P40,000.00);
Fourth Class and Below — Twenty Thousand Pesos (P20,000.00);
Barangays in Cities, in Municipalities within the MMA, and in
other Metropolitan Subdivisions as may be created by law — Ten
Thousand Pesos (P10,000.00);
All other barangays — Five Thousand Pesos (P5,000.00).
(b) Emergency Purchase —
(1) In cases of emergency where the need for the supplies is exceptionally urgent or absolutely indispensable and only to prevent imminent danger to, or loss of, life or property, LGUs may, though the local chief executive concerned, make emergency purchases or place repair orders, regardless of amount, without public bidding. Delivery of purchase orders or utilization of repair orders pursuant to this Article shall be made within ten (10) days after placement thereof. Immediately after the emergency purchase or repair order is made, the head of office or department making the emergency purchase or repair order shall draw a regular requisition to cover the same which shall contain the following:
(i) Complete description of the supplies acquired or work done or to be performed;
(ii) By whom furnished or executed;
(iii) Date of placing the order and date and time of delivery or execution;
(iv) Unit price and total contract price;
(v) Brief and concise explanation of the circumstances why procurement was of such urgency that the same could not be done through regular course without involving danger to, or loss of, life or property;
(vi) Certification of the provincial general services officer, city general services officer, municipal treasurer, or barangay treasurer, as the case may be, to the effect that the price paid or contracted for was the lowest at the time of procurement; and
(vii) Certification of the local budget officer as to the existence of appropriations for the purpose, of the local accountant as to the obligation of the amount involved, and of the local treasurer as to availability of funds.
(2) The goods or services procured in case of emergency must be utilized or availed of within fifteen (15) days from the date of delivery or availability.
(3) Without prejudice to criminal prosecution under applicable laws, the local chief executive or the head of office making the procurement shall be administratively liable for any violation of the provisions on emergency purchase and shall be a ground for suspension or dismissal from service.
(c) Negotiated Purchase —
(1) In cases where public biddings have failed for two (2) consecutive times and no suppliers have qualified to participate or win in the biddings, LGUs may, through the local chief executive, undertake the procurement of supplies by negotiated purchase, regardless of amount, without public bidding provided that the contract covering the negotiated purchase shall be approved by the sanggunian concerned. Delivery of purchase orders or utilization of repair orders shall be made within seven (7) days after placement thereof. Immediately after the negotiated purchase or repair order is made, the local chief executive concerned shall draw a regular requisition to cover the same which shall contain the following:
(i) Complete description of the supplies acquired or the work done or to be performed;
(v) Certification of the provincial general services officer, city general services officer, municipal treasurer, or barangay treasurer, as the case may be, to the effect that the price or contracted for was the lowest at the time of procurement; and
(vi) Certification of the local budget officer as to the existence of appropriations for the purpose; of the local accountant as to the obligation of the amount involved; and of the local treasurer as to availability of funds.
(2) In case of repeat orders for regular supplies, procurement may be made by negotiated purchase provided that the repeat order is made within three (3) months from the last procurement of the same item and provided further, that the same terms and conditions of sale are obtained for the same repeat order.
(d) Procurement from Duly Licensed Manufacturers — Procurement of supplies or property may be made directly from duly licensed manufacturers in cases of supplies of Philippine manufacture or origin. The manufacturer must be able to present proof showing that it is a duly licensed manufacturer of the desired product.
In case there are two (2) or more known manufacturers of the required supplies or property, canvass of prices of the known manufacturers shall be conducted to obtain the lowest price for the same quality of said supplies or property.
The award for the procurement of supplies or property from duly licensed manufacturers shall be made by the committee on awards.
(e) Procurement from Exclusive Philippine Agents or Distributors —
(1) Procurement of supplies or property of foreign origin may preferably be made directly from the exclusive or reputable Philippine agents or distributors under the following terms and conditions:
(i) That the Philippine agent or distributor has no subagents or subdealers selling at lower prices; and
(ii) That no suitable substitutes of substantially the same quality are available at lower prices.
(2) The award for the procurement of supplies from exclusive Philippine agents or distributors shall be made by the committee on awards.
(f) Procurement from Government Entities —
(1) Government entities that are possible sources of supplies or property may be requested to fill the needs of LGUs. Procurement procedures established by these entities shall be observed.
(2) Prior authority from the Office of the President shall be secured in cases of procurement from units or agencies of foreign governments with which the Philippines maintains diplomatic relations.
ARTICLE 438. Archival System. — Upon the effectivity of these Rules, every LGU shall provide for the establishment of an archival system to ensure the safety and protection of all government property, public documents or records such as records of births, marriages, property inventory report, land assessments, land ownership, tax payments, tax accounts, business permits, and such other records or documents of public interest in the various offices and departments in the province, city, or municipality, and the barangay concerned.
ARTICLE 439. Primary and Secondary Accountability for Government Property. — (a) The head of office or department of a province, city, or municipality or the punong barangay, shall be primarily accountable for all supplies and property assigned or issued to his office or department. The person or persons entrusted with the possession or custody of supplies and property under the primary accountability of the head of an office or department shall be immediately accountable to said officer.
(b) The head of an office or department primarily accountable for government property may require the person in possession or having custody and control thereof under him to keep such records and make reports as may be necessary for his own information and protection.
(c) It shall be the duty of every head of an office or department to keep a complete record of all supplies and property under his charge and render his accounts thereof semi-annually to the provincial or city general services officer or the municipal mayor or punong barangay, as the case may be. The municipal or barangay treasurer, as the case may be, shall be furnished with a copy of said report.
(d) Buildings and other physical structures shall be under the accountability and responsibility of the provincial or city general services officer, municipal mayor or punong barangay, as the case may be. He shall keep a separate and updated record of these properties and shall submit an inventory report to the provincial, city, or municipal auditor on or before the fifteenth (15th) day of January each year showing, among other things, the condition of said properties.
ARTICLE 440. Responsibility for Proper Use and Care of Government Property. — The person in actual physical possession of or entrusted with the custody or control of supplies or property shall be responsible for the proper use and care of the same and shall exercise due diligence in the utilization and safekeeping thereof. He shall likewise keep a complete and updated record of such supplies and property and shall render an account thereof semi-annually to the head of office or department concerned.
ARTICLE 441. Measure of Liability of Persons Accountable for Government Property. — (a) The person in possession of or having custody or control of supplies or property shall be liable for its money value in case of illegal, improper, or unauthorized use or misapplication thereof, by himself or any other person whose acts he may be responsible for, and shall be liable for all loss, damage, or deterioration occasioned by negligence in the keeping or use of such property, unless it is proven that he has exercised due diligence and care in the utilization and safekeeping thereof.
(b) Unless he registers his objection in writing, an accountable person shall not be relieved from liability by reason of his having acted under the direction of a superior officer in using supplies or property for which he is accountable. The officer directing any illegal, unauthorized, or improper use of property shall first be required to answer therefore.
(c) In cases of loss, damage, or deterioration of government property arising from, or attributable to negligence in security, the head of the local security unit shall be held liable therefore.
ARTICLE 442. Credit for Loss Occurring in Transit or Due to Casualty. — (a) When loss of government property occurs in transit or is caused by fire, theft, force majeure, or other casualty, it shall be the duty of the officer accountable therefore or having custody thereof to immediately notify simultaneously within thirty (30) days from such loss, the office or department head and the provincial, city, or municipal auditor concerned. The office or department head shall immediately conduct an investigation of the loss and refer the matter to the proper government investigating agency. The provincial, city, or municipal auditor shall conduct a separate inquiry of the reported loss while the clues are still fresh to determine that the alleged loss or other casualty had really occurred. An officer or employee who fails to comply with these requirements shall not be relieved of liability or allowed credit for any of such loss in the settlement in his accounts.
(b) The request for relief shall be filed with the provincial, city, or municipal auditor by the accountable officer within the statutory period of thirty (30) days or of such longer period as may be allowed by the auditor. The request shall be accompanied by the following documents:
(1) Affidavit of the accountable officer containing a statement of the facts and circumstances of loss;
(2) Affidavit of two (2) disinterested persons cognizant of the facts and circumstances of loss;
(3) Final investigation report of the office or department head and proper government investigating agency;
(4) A list and description including book value, date of acquisition, property number, account classification, condition of the property, and other additional relevant information of the properties lost duly certified by the provincial general services officer, city general services officer, municipal treasurer, or barangay treasurer, as the case may be.
For this purpose, the request for relief shall be coursed through the office or department head concerned and the provincial general services officer, city general services officer, municipal treasurer, or barangay treasurer, as the case may be.
(c) In case of bulk losses of property pertaining to more than one office or department, the request for relief shall be made by the local general services officer or local treasurer concerned. The request shall also be accompanied by the latest inventory report preceding the loss and the inventory report of properties remaining after the loss, duly witnessed by the provincial, city, or municipal auditor concerned.
(d) The same officials shall request relief for losses occurring in transit.
(e) In all cases, the request shall be endorsed by the local chief executive, together with his recommendations, to the provincial, city or municipal auditor.
(f) Credit for losses shall be returned, through the local chief executive, to the local accountant who shall on account thereof, drop the lost properties from the books of accounts through journal voucher attaching thereto the credit granted, together with all supporting documents. The local accountant shall furnish the provincial general services officer, city general services officer, municipal treasurer, or barangay treasurer, as the case may be, and the accountable officer concerned a copy of the journal voucher.
(g) A provincial, city, or municipal auditor shall not allow credit for these losses unless so expressly authorized by COA, to be exercised only if the loss is not in excess of Fifty Thousand Pesos (P=50,000.00). In the event that the allowance of credit is not within the competence of the provincial, city, or municipal auditor, the application and evidence, with the recommendation of the auditor concerned, shall be forwarded to the COA Chairman for his appropriate action.
ARTICLE 443. Property Clearances. — When an employee transfers to another government offices, retires, resigns, is dismissed, or is separated from the service, he shall be required to secure supplies or property clearance from the supply officer concerned, the provincial or city general services officer concerned, the municipal mayor and the municipal treasurer, or the punong barangay and the barangay treasurer, as the case may be. The local chief executive shall prescribe the property clearance form for this purpose.
ARTICLE 444. Modes of Disposition of Property. — As a general rule, sale of property owned by the LGU shall be made only through public auction. Other modes of disposal may be resorted to only when public auction has failed.
(a) Public Auction — When the property of an LGU has become unserviceable for any cause, or is no longer needed, the officer immediately accountable therefore shall return the same to the head of the office or department who shall cancel the corresponding Memorandum Receipt. If no longer needed in the office or department, the head of the office or department shall return the same to the provincial or city general services officer, municipal treasurer, or barangay treasurer, as the case may be, with the use of Property Return Slip. The provincial or city general services officer, municipal or barangay treasurer, as the case may be, shall, through the local chief executive, file an application for its disposal through an Inventory and Inspection Report with the provincial, city, or municipal auditor for inspection and determination whether the subject property is with or without value.
If a property of an LGU has become unserviceable for any cause or is no longer needed but is found to be still valuable, the provincial, city or municipal auditor shall indicate his findings in the Inventory and Inspection Report and forward the same to the committee on awards. The subject property shall then be sold at public auction to the highest bidder under the supervision of the committee on awards and in the presence of the provincial, city, or municipal auditor or his duly authorized representative. Notice of public auction shall be posted in at least three (3) conspicuous and publicly accessible places. If the acquisition cost exceeds One Hundred Thousand Pesos (P100,000.00) in the case of provinces and cities, and Fifty Thousand Pesos (P50,000.00) in the case of municipalities, notices of auction shall be published at least two (2) times within a reasonable period in a newspaper of general circulation in the locality.
The provincial or city general services officer or the municipal or barangay treasurer, as the case may be, shall be responsible for disposal of supplies or property of the LGU.
The local chief executive shall be responsible for the disposal of real property, building and other physical structures.
(b) Sale through Negotiation — Supplies and property no longer needed may be disposed of through private sale at such price as may be determined by the committee on awards, subject to the approval of COA or its duly authorized representative when the acquisition or transfer cost of the property exceeds Fifty Thousand Pesos (P50,000.00) in the case of municipalities or barangays.
In case of real property, disposal shall be subject to the approval of COA regardless of the value or cost involved.
(c) Transfer without Cost to Other Offices or Departments or Other Government Agencies — Property which has become unserviceable or is no longer needed may be transferred without cost to another office, agency, subdivision or instrumentality of the National Government or another LGU at an appraised valuation determined by the committee on awards. Such transfer shall be subject to the approval of the sanggunian concerned making the transfer and by the head of the office, agency, subdivision, instrumentality or LGU receiving the property.
(d) By Destruction — When property of an LGU has become unserviceable for any cause or is no longer needed, it shall, upon application of the head of the office or department accountable therefore, be inspected and appraised by the provincial, city, or municipal auditor, as the case may be, or his duly authorized representative or that of the COA Chairman, and if found valueless or unusable, shall be destroyed either by burning, pounding, throwing beyond recovery, and the like, in the presence of the auditor.
ARTICLE 445. Tax Exemption Privileges of Local Government Units. — LGUs shall be exempt from payment of duties and taxes for the importation of heavy equipment or machinery which shall be used for the construction, improvement, repair, and maintenance of roads, bridges, and other infrastructure projects, as well as garbage trucks, fire trucks, and other similar equipment provided that such equipment or machinery shall not be disposed of, either by public auction or negotiated sale as provided in this Rule, within five (5) years from the importation thereof. In case the equipment or machinery is sold within five-year period, the purchasers or recipients shall be considered the importers thereof, and shall be liable for duties and taxes computed on the book value of such importation.
For the effective implementation of this Article, the DOF shall issue the necessary procedures in the availment of tax exemption privileges on importation by LGUs of heavy equipment or machinery which shall be used for the construction, improvement, repair, and maintenance of roads, bridges, and other infrastructure projects, as well as garbage trucks, fire trucks, and other similar equipment.
ARTICLE 446. Implementing Rules and Regulations. — The COA shall promulgate the rules and regulations on supply and property management of LGUs to effectively implement the provisions of this Rule, including requirements as to testing, inspection, and standardization of supplies and property.
RULE XXXVI
Other Fiscal Matters
ARTICLE 447. Scope. — This Rule shall govern the conduct and management of financial affairs, transactions, and operations of provinces, cities, municipalities, and barangay not treated in Rules XXX, XXXI, XXXII, XXXIII, XXXIV, and XXXV of these Rules.
ARTICLE 448. Local Funds and Special Funds. — (a) Local Funds — Every LGU shall maintain a General Fund which shall be used to account for such monies and resources as may be received by and disbursed from the local treasury. The General Fund shall consist of monies and resources of the LGU which are available for the payment of expenditures, obligations or purposes not specifically declared by law as accruing and chargeable to, or payable from, any other fund.
(b) Special Funds — There shall be maintained in every provincial, city, or municipal treasury the following special funds which shall be deemed automatically appropriated for purposes indicated therefore:
(1) Special Education Fund shall consist of the respective shares of provinces, cities, municipalities, and barangays in the proceeds of the additional tax on real property to be appropriated to purposes prescribed in Article 327, Rule XXXI of these Rules; and
(2) Trust Funds shall consist of private and public monies which have officially come into the possession of the LGU or of a local government official as trustee, agent or administrator, or which have been received as a guaranty for the fulfillment of some obligation. A trust fund shall only be used for the specific purpose for which it was created or for which it came into the possession of the LGU.
ARTICLE 449. Remittance of Government Monies to the Local Treasury. — Officers of LGU authorized to receive and collect monies arising from taxes, revenues, or receipts of any kind shall remit the full amount received and collected to the treasury of such LGU which shall be credited to the particular account or accounts to which the monies in question properly belong.
ARTICLE 450. Separation of Books and Depository Accounts. — Local accountants and local treasurers shall maintain separate books and depository accounts, respectively, for each fund in their custody or administration under such rules and regulations as COA may prescribe.
ARTICLE 451. Depository Accounts. — Local treasurers shall maintain depository accounts in the name of their respective LGUs with banks, preferably government-owned, located in or nearest their respective areas of jurisdiction. Earnings of each depository account shall accrue exclusively thereto.
ARTICLE 452. Separation of Personal Money from Public Funds. — Local treasurers and other accountable officers shall keep personal monies separate and distinct from local public funds in their custody and shall not make profit out of public money or otherwise apply the same to any use not authorized by law or ordinance.
ARTICLE 453. Special Accounts to be Maintained in the General Fund. — LGUs shall maintain special accounts in the general fund for the following:
(a) Public utilities and other economic enterprises;
(b) Loans, interests, bond issues, and other contributions for specific purposes; and
(c) Development projects funded from the share of the LGU concerned in the IRA and such other special accounts which may be created by law or ordinance.
Receipts, transfer, and expenditures involving the foregoing special accounts shall be properly taken up thereunder.
Profits or income derived from the operation of public utilities and other economic enterprises, after deduction for the cost of improvement, repair and other related expenses of the public utility or economic enterprise concerned, shall first be applied for the return of the advances or loans made therefore. Any excess shall form part of the General Fund of the LGU concerned.
ARTICLE 454. Expenditures, Disbursements, Accounting, and Accountability. — (a) Prohibition Against Expenditures for Religious or Private Purposes — No public money shall be appropriated or applied for the benefit of any religious sect or activity not any undertaking or purpose private in character.
(b) Use of Appropriated Funds and Savings — Funds shall be available exclusively for the specific purpose for which they have been appropriated. No ordinance shall be passed authorizing any transfer of appropriations from one item to another. The local chief executive or the presiding officer of the sanggunian concerned, may, by ordinance, be authorized to augment any item in the approved annual budget for their respective offices from savings in other items within the same expense class of their respective appropriations.
For purposes of this Article, savings and augmentation shall mean:
(1) Savings refer to portions or balances of any programmed appropriation free from any obligation or encumbrance still available after the satisfactory completion or unavoidable discontinuance or abandonment of the work, activity or purpose for which the appropriation is authorized, or arising from unpaid compensation and related costs pertaining to vacant positions and leaves of absence without pay.
(2) Augmentation implies the existence in the budget of an item, project, activity or purpose with an appropriation which upon implementation or subsequent evaluation of needed resources is determined to be deficient.
(c) Restrictions upon Limit of Disbursements — Disbursements in accordance with appropriations in the approved annual budget may be made from any local fund in the custody of the local treasurer, but the total disbursements from any local fund shall in no case exceed fifty percent (50%) of the uncollected estimated revenue accruing to such local fund in addition to the actual collections provided, however, that no cash overdraft in any local fund shall be incurred at the end of the fiscal year.
In case of emergency arising from typhoon, earthquake, or any other calamity, the sanggunian concerned may authorize the local treasurer to continue making disbursements from any local fund in his possession in excess of the limitations herein provided, but only for such purposes and amounts included in the approved annual budgets. Any overdraft which may be incurred at the end of the year in any local fund by virtue of the provisions hereof shall be covered with the first collections of the immediately succeeding fiscal year accruing to such local fund.
(d) Disbursements of Appropriations for Development Projects — Art. 391 of Rule XXXII of these Rules mandate each LGU to appropriate their share in the proceeds from the development and utilization of the national wealth to finance local development and livelihood projects, respectively.
Disbursements from such special accounts under the General Fund shall proceed from itemized appropriations in the budgets of LGU instead of by lumpsum. Such itemized appropriations shall be for specific development projects/activities embodied in the local development plan and/or public investment program formulated and prioritized by the Local Development Council and approved by the sanggunian concerned. Provided also that copies of the development plan of LGU shall be furnished DILG and that at least eighty (80) percent of the proceeds derived from the development and utilization of hydrothermal, geothermal and other sources of energy shall be applied solely to lower the cost of electricity in the LGUs where such a source of energy is located.
Appropriation for development projects shall not include those for personal services including salaries standardization except for contractual employees who may be, if necessary, contracted coterminous with and compensation, against the project, subject to budget and COA rules and regulations.
Development projects, activities for this purpose, are those component project/activity incidental to the efficient and effective provision of the basic services and facilities enumerated in Rule — of these Rule and for the preservation and enhancement of the indigenous resources of wealth of the LGU from which share is derived, as the case may be.
(e) Prohibitions Against Advance Payments — No money shall be paid on account of any contract under which no services have been rendered or goods delivered.
(f) Cash Advances — No cash advance shall be granted to any local official or employee, elective or appointive, unless made in accordance with the rules and regulations as COA may prescribe.
(g) Persons Accountable for Local Government Funds — Any officer of the LGU whose duty permits or requires the possession or custody of local government funds shall be accountable and responsible for the safekeeping thereof in conformity with the provisions of this Rule. Other local officers who, though not accountable by the nature of their duties, may likewise be similarly held accountable and responsible for local government funds through their participation in the use or application thereof.
(h) Prohibitions Against Pecuniary Interest — Without prejudice to criminal prosecution under applicable laws, any local treasurer, local accountant, local budget officer, or other accountable local officer having any pecuniary interest, direct or indirect, in any contract, work or other business of the LGU of which he is an accountable officer shall be administratively liable therefore.
(i) Liability for Acts Done Upon Direction of Superior Officer, or Upon Participation of Other Officer or Department Heads or Officers of Equivalent Rank — Unless he registers his objection in writing, the local treasurer, local accountant, local budget officer, or other accountable local officer shall not be relieved of liability for illegal or improper use or application or deposit of government funds or property by reason of his having acted upon the direction of a superior officer, elective or appointive, or upon participation of other office or department heads or officers of equivalent rank. The superior officer directing, or the office or department head participating in such illegal or improper use or application or deposit of government funds or property, shall be jointly and severally liable with the local treasurer, local accountant, local budget officer, or other accountable local officer for the sum or property so illegally or improperly used, applied or deposited.
(j) Prohibition Against Expenses for Reception and Entertainment — No money shall be appropriated, used, or paid for entertainment or reception except to the extent of the representation allowances authorized by law or for the reception of visiting dignitaries of foreign governments or foreign missions, or when expressly authorized by the President in specific cases.
(k) Certification on, and Approval of, Vouchers — No money shall be disbursed unless the local budget officer certifies to the existence of appropriation that has been legally made for the purpose, the local accountant has obligated said appropriation, and the local treasurer certifies to the availability of funds for the purpose. Vouchers and payrolls shall be certified to and approved by the head of the office or department who has administrative control of the fund concerned, as to validity, propriety, and legality of the claim involved. Except in cases of disbursements involving regularly recurring administrative expenses such as payrolls for regular or permanent employees, expenses for light, water, telephone and telegraph services, remittances to government creditor agencies such as the GSIS, SSS, LBP, DBP, National Printing Office, Procurement Service of the DBM and others, approval of the disbursement voucher by the local chief executive himself shall be required whenever local funds are disbursed.
In cases of special or trust funds, disbursements shall be approved by the administrator of the fund.
In case of temporary absence or incapacity of the office or department head, the officer next-in-rank shall automatically perform his function and he shall be fully responsible therefore.
(l) Officials Authorized to Draw Checks in Settlement of Obligations — Checks in settlement of obligations shall be drawn by the local treasurer and countersigned by the local administrator.
In case of temporary absence or incapacity of the foregoing officials, these duties shall devolve upon their immediate assistants.
(m) Disbursements of Local Funds and Statements of Accounts — Disbursements shall be made in accordance with the ordinance authorizing the annual or supplemental appropriations without the prior approval of the sanggunian concerned. Within thirty (30) days after the close of each month, the local accountant shall furnish the sanggunian with such financial statements as may be prescribed by COA. In the case of the year-end statement of accounts, the period shall be sixty (60) days after the thirty-first (31st) of December.
(n) Rendition of Accounts — Local treasurers, local accountants and other accountable local officers shall render their accounts within such time, in such form, style, and content and under such regulations as COA may prescribe.
Provincial, city, and municipal auditors shall certify the balances arising in the accounts settled by them to the COA Chairman and to the local treasurer, local accountant, and other accountable local officers. Copies of the certification shall be prepared and furnished other local officers who may be held jointly and severally liable for any loss or illegal, improper or unauthorized use or misappropriation of local funds or property.
(o) Auditorial Visitation — The books, accounts, papers, and cash of local treasurer, local accountant, local budget officer, or other accountable local officers shall at all times be open for inspection of COA or its duly authorized representative.
In case an examination of the accounts of a local treasurer discloses a shortage in cash which should be on hand, it shall be the duty of the examining officer to seize the office and its contents, notify COA, the local chief executive concerned, and the local accountant. Thereupon, the examining officer shall immediately turn over to the accountable officer next-in-rank in the local treasury service, unless the said officer is likewise under investigation, the auditor shall take full possession of the office of the treasurer and its contents, and close and render his accounts on the date of turnover.
In case the accountable officer next in rank is under investigation, the auditor shall take full possession of the office and its contents, close and render his accounts on the date of taking possession, and temporarily continue the public business of such office until such time that the local treasurer is restored or a successor has been duly designated. The local treasurer or accountable officer found with such shortage shall be automatically suspended from office.
(p) Accounting for Revenues — Estimated revenues which remain unrealized at the close of the fiscal year shall not be booked or credited to the unappropriated surplus or any other account.
(q) Accounting for Obligations — All lawful expenditures and obligations incurred during a fiscal year shall be taken up in the accounts of that year.
(r) General Liability for Unlawful Expenditures — Expenditures of funds or use of property in violation of the applicable provisions of these Rule and other laws shall be a personal liability of the official or employee responsible therefore.
(s) Posting of the Summary of Income and Expenditures — Local treasurers, local accountants, local budget offices, and other accountable local officers shall, within thirty (30) days from the end of each fiscal year, post in at least three (3) conspicuous and publicly accessible places in the LGU a summary of all revenues collected and funds received including the appropriations and disbursement of such funds during the preceding fiscal year.
ARTICLE 455. The Official Fiscal Year. — The official fiscal year of LGUs shall be the period beginning with the first (1st) day of January and ending with the thirty-first (31st) day of December of the same year.
ARTICLE 456. Administrative Issuances, Local Treasury Operations Manual. — The DOF, jointly with the Chairman of COA, shall within one (1) year from the effectivity of the Code, promulgate a Treasury Operations Manual for LGUs.
RULE XXXVII
Debt Relief for Local Government Units
ARTICLE 457. Scope. — This Rule shall govern the granting of debt relief for provinces, cities and municipalities.
ARTICLE 458. Coverage. — Debt relief for LGUs shall cover the following:
(a) All debts owed by LGUs to the National Government arising from statutory contributions to the Integrated National Police Fund, the Special Education Fund, and the hospital fund.
(b) National government shares in taxes, fees, and charges collected by LGUs that have been unremitted as of December 31, 1991.
(c) Program loans, either secured to LGUs by NGAs and which were relent to private persons, natural or juridical, or granted to LGUs by NGAs and which were utilized by LGUs for community development, livelihood, and other small-scale projects.
(d) Debts due to GFIs, GOCCs and private utilities that are outstanding as of December 31, 1988.
ARTICLE 459. Limitations. — Debt relief shall not apply to the following:
(a) Statutory contribution of the cities and municipalities of MMA to the Metropolitan Manila Authority that have accrued as of December 31, 1991.
Beginning calendar year 1992, cities and municipalities within MMA are no longer required to make such contributions to the Metropolitan Manila Authority.
(b) Foreign loans or indebtedness of LGUs arising from loan contracts or project agreements entered into with foreign countries or international lending institutions and agencies.
(c) National taxes collected by the local treasurer that accrue in full to the National Government.
(d) Debts incurred or contracted by LGUs from GFIs, GOCCs, and private utilities after December 31, 1988, which shall be settled by the LGU concerned. For this purpose, repayments of outstanding obligations which are covered by existing withholding agreement shall continue to be deducted from the IRA share of debtor-LGU.
(e) Obligations to the Home Development Mutual Fund (Pag-IBIG), Medicare, and those pertaining to premium contributions and amortization payment of salary and policy loans to the Government Service Insurance System.
ARTICLE 460. Manner of Settlement. — (a) Subject to limitations provided under this Rule, all unremitted national collections and statutory contributions and program loans shall be written off in full provided that NGA tasked with the implementation of program loans secured by LGU which were relent to private persons, natural or juridical, shall continue to collect from debtors belonging to the private sector concerned.
(b) The National Government shall assume all debts incurred or contracted by LGUs from GFIs, GOCCs, and private utilities that are outstanding as of December 31, 1988, in accordance with the following schemes:
(1) The National Government may buy outstanding obligations incurred by LGUs from GFIs at a discounted rate.
(2) The National Government may settle obligations due GOCCs at a discounted rate through offsetting, only to the extent of the obligations of LGUs against the outstanding advances made by the National Treasury in behalf of the GOCC concerned.
(3) The National Government may settle debts due private utilities at a discounted rate by offsetting against the outstanding obligations of such private utilities to GOCCs. GOCCs may in turn offset these obligations against the outstanding advances made by the National Treasury in their behalf.
In the case of obligations owed by LGUs to private utilities which are not indebted to any GOCC or NGA, the National Government may instead buy the obligations of LGUs from the private utilities at a discounted rate, upon concurrence by the private utilities concerned.
ARTICLE 461. Recovery Schemes for the National Government. — (a) LGUs shall pay back the National Government whatever amounts were advanced or offset by the National Government to settle their obligations to GFIs, GOCCs, and private utilities. The National Government shall not charge interest or penalties on the outstanding balance owed by LGUs. These outstanding obligations shall be restructured and an amortization schedule prepared, based on the capability of LGU to pay.
(b) The National Government shall be authorized to deduct from the quarterly share of each LGU in internal revenue allotments an amount to be determined on the basis of the amortization schedule of LGU concerned provided that such deduction shall not exceed five percent (5%) of the monthly internal revenue allotment of LGU concerned. ai
(c) As incentive to debtor-LGUs to increase fiscal management efficiency, the National Government shall write off outstanding debts of LGUs at the rate of five percent (5%) for every one percent (1%) increase in revenues generated by LGU over the collections of the preceding year. For this purpose, the annual increase in local revenue collections shall be computed starting from the year 1988.
ARTICLE 462. Appropriations. — Such amount as may be necessary to implement the provisions of this Rule shall be included in the annual General Appropriations Act.
ARTICLE 463. Implementation. — The Development Budget Coordinating Committee through the Task Force on debt relief created under DBCC Order No. 2 dated September 18, 1990, in consultation with the presidents of the leagues of provinces, cities and municipalities, shall prepare and implement a debt relief program for LGUs and issue such guidelines as may be necessary for the effective implementation of this Rule.
RULE XXXVIII
Monitoring System for the Implementation
of the Local Government Code of 1991
ARTICLE 464. Mandate. — Pursuant to the Code, the Oversight Committee shall supervise the transfer of such powers and functions mandated under the Code to the LGUs, together with the corresponding personnel, properties, assets and liabilities of the offices or agencies concerned, with the least possible disruptions to existing programs and projects. The Committee shall likewise recommend the corresponding appropriations necessary to effect the said transfer.
The Code likewise provides that the Congress shall conduct a mandatory review of the Code at least once every five (5) years and as often as it may deem necessary, with the primary objective of providing a more responsive and accountable local government structure.
ARTICLE 465. Installation and Purpose of a Monitoring System. — There shall be established a monitoring system for the implementation of the code to hasten the decentralization process, support the oversight committee in the supervision of the transfer of powers and functions from the national government agencies to local government units and provide valuable information to promote local autonomy.
ARTICLE 466. Organization and Responsibility. — There shall be established from the national to the local levels an organization responsible for the operationalization of the monitoring system. For this purpose, the DILG shall be the lead agency of the said organization composed of the following:
(a) National
(1) Department of the Interior and Local Government
(2) Department of Finance
(3) Department of Budget and Management
(4) Senate
(5) House of Representatives
(6) League of Provinces
(7) League of Cities
(8) League of Municipalities
(9) Liga ng mga Barangay
(10) Commission on Audit
(11) Civil Service Commission
(12) National Government Agencies affected by Devolution
(b) Regional — All national government agencies represented at the national organization of the monitoring system.
(c) Province, City, and Municipality — All provincial, city, and municipal field offices of the DILG and NGAs affected by devolution.
A National Secretariat for the monitoring system shall be created in the DILG.
ARTICLE 467. Target Users and Their Information Requirements. — The target users of the monitoring system are the Oversight Committee, the NGAs concerned, the Congress, and the LGUs.
The information requirements of the target users cover the following areas:
(a) Transfer of personnel, assets, projects, funds, and records corresponding to the devolved functions;
(b) Deconcentration of requisite authority and power of national government agencies from their central offices to appropriate regional and field offices;
(c) Mandated fund allocations to LGUs;
(d) Reorganization of LGUs and affected NGAs;
(e) Formation and operation of local special bodies;
(f) Compliance with established standards, guidelines, systems and procedures;
(g) LGU participation in the planning and implementation of national projects;
(h) NGO-LGU joint ventures and cooperative programs or undertakings;
(i) Grants, aids, and subsidies given to LGUs; and
(j) Other relevant information.
ARTICLE 468. Funding. — Funds for the implementation of the monitoring system shall be taken the appropriations of the DILG. Other national government agencies may augment funds out of their savings. Likewise, the LGUs may set aside funds for this purpose from any available local funds.
ARTICLE 469. Implementation. — The monitoring system shall be implemented upon approval of these Rules.
The national organization shall provide the monitoring network with module specifications, implementation strategy, and timetable.
RULE XXXIX
Miscellaneous and Final Provisions
ARTICLE 470. Inventory of Infrastructure and Other Community Facilities. — (a) Every LGU shall conduct a periodic inventory of infrastructure and other community facilities and undertake the maintenance, repair, improvement, or reconstruction of these facilities through a closer cooperation among the NGAs operating within the province, city, municipality, or barangay concerned.
(b) No infrastructure or community project within the territorial jurisdiction of an LGU shall be undertaken without informing the local chief executive and the sanggunian concerned.
ARTICLE 471. Liability for Damages. — As provided in Article 2189 of RA 386, otherwise known as the Civil Code of the Philippines, as amended, provinces, cities, and municipalities shall be liable for damages for the death of, or injuries suffered by, any person by reason of the defective condition of roads, streets, bridges, public buildings, and other public works under their control or supervision. The extent of liability for damages shall be governed by the provisions of the Civil Code on quasi-delicts.
ARTICLE 472. Failure to Post and Publish the Itemized Monthly Collections and Disbursements. — Failure by the local treasurer or the local accountant to post the itemized monthly collections and disbursements of the LGU concerned, within ten (10) days following the end of every month and for at least two (2) consecutive weeks at prominent places in the provincial capitol, or city, municipal or barangay hall, its plaza and main street, and to publish said itemization in a newspaper of general circulation, where available, in the territorial jurisdiction of the LGU concerned, shall be punished by imprisonment not exceeding one (1) month or a fine not exceeding Five Hundred Pesos (P500.00), or both such imprisonment and fine, at the discretion of the court.
ARTICLE 473. Separability Clause. — If, for any reason or reasons, any part or provision of these Implementing Rules and Regulations shall be held unconstitutional or invalid, other parts or provisions thereof which are not affected thereby shall continue to be in full force and effect.
ARTICLE 474. Repealing Clause. — (a) Except as otherwise provided in the Code, the following are repealed:
(1) BP 337, EO 112, series of 1987, and EO 319, series of 1988;
(2) PDs 684, 1191, 1508, and such other decrees, orders, instructions, memoranda, and issuances related to or concerning the barangay;
(3) The provisions of Sections 2,3, and 4 of RA 1939 regarding hospital fund; Sec. 3, a(3) and b(2) of RA 5447 regarding the special education fund; PD 144, as amended by PDs 559 and 1741; PD 231, as amended; PD 436, as amended by PD 558; and PDs 381, 436, 464, 477, 526, 632, 752, and 1136; and
(4) PD 1594 insofar as it governs locally-funded projects.
(b) Insofar as they are inconsistent with the provisions of the Code, the following are repealed, amended, or modified accordingly:
(1) Sections 2, 16, and 29 of PD 704; Sec. 12 of PD 87, as amended; Sections 52, 53, 66, 67, 68, 69, 70, 71, 72, 73, and 74 of PD 463, as amended; and Sec. 16 of PD 972, as amended; and
(2) All general and special laws, acts, city charters, decrees, executive orders, proclamations, and administrative regulations or part or parts thereof which are inconsistent with any of the provisions of the Code.
ARTICLE 475. Effectivity. — These Rules shall take effect upon publication thereof in a newspaper of general circulation.
The foregoing Implementing Rules and Regulations of the Local Government Code of 1991 consisting of 250 pages including this page are being issued in compliance with Sec. 533 of the Code.
Approved: February 21, 1992
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December-1996 Jurisprudence
G.R. No. 105746 December 2, 1996 - MUNICIPALITY OF JIMENEZ v. HON. VICENTE T. BAZ. JR, ET. AL.
G.R. No. 115686 December 2, 1996 - PEOPLE OF THE PHIL. v. PEDRO V. MALABAGO
G.R. No. 116610 December 2, 1996 - PEOPLE OF THE PHIL. v. WILSON VILLANUEVA
G.R. No. 117217 December 2, 1996 - PEOPLE OF THE PHIL. v. GENER S. DE GUZMAN
G.R. No. 119005 December 2, 1996 - PEOPLE OF THE PHIL. v. SABAS RAQUEL, ET.AL.
G.R. No. 119722 December 2, 1996 - PEOPLE OF THE PHIL. v. NEMESIO V. GANAN., ET.AL.
G.R. No. 105213 December 4, 1996 - ERLINDA DE LA CRUZ v. COURT OF APPEALS, ET AL.
G.R. No. 112409 December 4, 1996 - CHAD COMMODITIES TRADING v. NATIONAL LABOR RELATIONS COMMISSION, ET.AL.
G.R. No. 114266 December 4, 1996 - PEOPLE OF THE PHIL. v. ROGELIO VILLANUEVA, ET AL.
G.R. No. 121158 December 5, 1996 - CHINA BANKING CORP., ET AL. v. COURT OF APPEALS, ET AL.
Adm. Matter Nos. MTJ-91-567 & MTJ-91-588 December 6, 1996 - MODESTO T. UALAT v. JOSE O. RAMOS
Adm. Matter No. MTJ-95-1033 December 6, 1996 - MAMAMAYAN NG ZAPOTE v. ISAURO M. BALDERIAN
G.R. No. 94516 December 6, 1996 - LUCIO SAN ANDRES v. COURT OF APPEALS, ET AL.
G.R. No. 111857 December 6, 1996 - JAIME CALPO, ET AL. v. SANDIGANBAYAN, ET AL.
G.R. No. 114864 December 6, 1996 - NATIONAL CENTER FOR MENTAL HEALTH MANAGEMENT, ET AL. v. COMMISSION ON AUDIT
G.R. No. 118770 December 6, 1996 - PEOPLE OF THE PHIL. v. GEORGE GONDORA
G.R. No. 123991 December 6, 1996 - FELIX LADINO v. ALFONSO S. GARCIA, ET. AL.
G.R. No. 88043 December 9, 1996 - PEOPLE OF THE PHIL. v. ANTONIO PAREJA, ET AL.
G.R. No. 95049 December 9, 1996 - PEOPLE OF THE PHIL. v. NESTOR ESCANDOR, ET AL.
G.R. No. 110569 December 9, 1996 - DIOSDADO MALLARI v. COURT OF APPEALS, ET AL.
Adm. Matter No. 95-4-41-MeTC December 10, 1996 - QUARTERLY REPORT OF [INHERITED] CASES OF JUDGE EVELYN CORPUS-CABOCHAN
G.R. No. 119359 December 10, 1996 - PEOPLE OF THE PHIL. v. ROBERT CLOUD
G.R. No. 124292 December 10, 1996 - GREGORIO C. JAVELOSA v. COURT OF APPEALS, ET.AL.
G.R. Nos. 110100-02 December 11, 1996 - PEOPLE OF THE PHIL. v. ISIDORO PEREZ, ET.AL.
G.R. No. 119619 December 13, 1996 - RICHARD HIZON, ET AL. v. COURT OF APPEALS, ET AL.
Adm. Matter No. 92-6-326-MeTC December 16, 1996 - IN RE: FRANCISCO D. VILLANUEVA
G.R. No. 92153 December 16, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO OBZUNAR
G.R. Nos. 112716-17 December 16, 1996 - PEOPLE OF THE PHIL. v. EDUARDO S. HERBIAS
G.R. Nos. 114011-22 December 16, 1996 - PEOPLE OF THE PHIL. v. VEVINA BUEMIO
G.R. No. 115401 December 16, 1996 - PEOPLE OF THE PHIL. v. EDILBERTO FABULA, ET.AL.
G.R. No. 120958 December 16, 1996 - FIL-ESTATE GOLF AND DEVELOPMENT v. COURT OF APPEALS, ET.AL.
G.R. No. 123263 December 16, 1996 - PEOPLE OF THE PHIL. v. METROPOLITAN TRIAL COURT OF QUEZON CITY, ET.AL.
Adm. Matter No. P-90-454 December 17, 1996 - CARLOS MENDOZA v. NICOLAS TIONGSON
Adm. Matter No. P-94-1063 December 17, 1996 - BERNARDITA B. CHUA v. BENJAMIN A. GONZALES
G.R. Nos. 93026-27 December 17, 1996 - PEOPLE OF THE PHIL. v. CONRADO PAJARO
G.R. No. 101771 December 17, 1996 - SPOUSES MARIANO and GILDA FLORENDO v. COURT OF APPEALS, ET. AL.
G.R. No. 111541 December 17, 1996 - PEOPLE OF THE PHIL. v. MAX MEJOS
G.R. No. 119601 December 17, 1996 - DANILO BUHAT v. COURT OF APPEALS, ET. AL.
G.R. No. 120365 December 17, 1996 - PEOPLE OF THE PHIL. v. WILSON B. QUE
G.R. Nos. 103727 & 106496 December 18, 1996 - INTESTATE ESTATE OF DON MARIANO SAN PEDRO v. COURT OF APPEALS, ET.AL.
Adm. Matter Nos. RTJ-90-372-B & P-93-992 December 23, 1996 - COURT EMPLOYEES OF THE REGIONAL TRIAL COURT v. JUDGE VIVENCIO A. GALON
Adm. Matter No. SC-96-1 December 23, 1996 - DAMASO S. FLORES v. BERNARDO P. ABESAMIS
G.R. No. 117582 December 23, 1996 - CONRADO SAMILLANO, ET. AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET.AL.
G.R. No. 120038 December 23, 1996 - DIANA E. BELAUNZARAN v. NATIONAL LABOR RELATIONS COMMISSION, ET.AL.
G.R. No. 118079 December 24, 1996 - PEOPLE OF THE PHIL. v. ARMANDO ESTANISLAO, ET AL.
G.R. No. 118808 December 24, 1996 - JUDGE ANA MARIA I. DOLALAS, ET.AL. v. OFFICE OF THE OMBUDSMAN-MINDANAO, ET, AL.
Adm. Matter No. MTJ-96-1112 December 27, 1996 - ANTONIO ADAPON v. JUDGE HERNANDO C. DOMAGTOY
G.R. No. 117737 December 27, 1996 - PEOPLE OF THE PHIL. v. NEMECIO B. CERVANTES
G.R. No. 82188 June 30, 1988
PCGG, ET AL. v. SECURITIES AND EXCHANGE COMMISSION, ET AL.
Philippine Supreme Court Jurisprudence > Year 1996 > December 1996 Decisions > Adm. Matter No. MTJ-96-1112 December 27, 1996 - ANTONIO ADAPON v. JUDGE HERNANDO C. DOMAGTOY:
[Adm. Matter No. MTJ-96-1112. December 27, 1996.]
(Formerly O.C.A. I.P.I. No. 95-16-MJT.)
ANTONIO ADAPON, Complainant, v. JUDGE HERNANDO C. DOMAGTOY, Respondent.
D E C I S I O N
PADILLA, J.:
This is an Administrative Complaint filed against Hernando C. Domagtoy, presiding judge of the Eleventh Municipal Circuit Trial Court of Santa Monica-Burgos, Surigao del Norte for conduct unbecoming a judge.
Antonio J. Adapon, his wife Susie and Bienvenida Navarro were private complainants in Criminal Cases Nos. 106, 107 and 108 entitled "People of the Philippines v. Pedrito Bondoc" filed with the MCTC of Dapa, Surigao del Norte, for falsification by omission, grave slander and grave oral defamation, respectively. On 4 May 4 1995, three (3) warrants of arrest were issued against accused Pedrito Bondoc. However, the arresting officers were not able to serve the warrants of arrest because they could not find him. 1 On 5 May 1995, respondent judge issued an order of release for accused Bondoc on the ground that "he has posted the necessary amount of bail for his temporary liberty." 2
On 11 May 1995, the MCTC Clerk of Court of Dapa issued a certification 3 that no bailbond was filed by accused Bondoc as of that date. On the same day, complainant Adapon wrote a letter-complaint to Executive Judge Melchor M. Libarnes of the Regional Trial Court, Branch 31 of Dapa, Surigao del Norte bringing to his attention the alleged irregular approval of the bailbond and the consequent irregular issuance of the order of release by respondent judge. Judge Libarnes referred the letter-complaint of Antonio Adapon to respondent judge for comment. In a letter to Judge Libarnes dated 14 May 1995, respondent judge said "I cannot make an honest comment on this insane maneuver. I prefer to meet my rabid admirer on clearer ground." Judge Libarnes then forwarded to this Court the complaint and respondent judge’s reply thereto (comment).
On 26 July 1995, the Court issued a resolution referring the complaint of Antonio Adapon to Judge Carlo Lozada of RTC Branch 30 of Surigao City for investigation, report and recommendation. On 4 September 1995, private complainant filed an amended complaint to clarify the allegations in his letter-complaint. The amended complaint averred that on 4 May 1995, the MCTC of Dapa, Surigao del Norte issued three (3) warrants of arrest against Pedrito Bondoc, Accused in Criminal Case Nos. 106, 107, and 108. However, the accused was not arrested nor did he surrender to police authorities. At the time the order of release was issued on 5 May 1995 by respondent judge, Accused was not under custody of the law and no bailbond had been filed for his temporary liberty Complainant Adapon further alleged that before a property is accepted as bond, a certification must be issued by the municipal treasurer that realty taxes up to the current year have been paid. In this case, a certification was issued only on 12 May 1995.
In respondent’s memorandum to Judge Lozada, he alleged that the order of release was regularly issued. The accused then had already been detained in the house of one Barsenio Mindana when the police officers decided not to arrest the accused as they were doubtful of the validity of the warrants. 4 Moreover, the order of release issued by respondent judge was based on a certification issued by the Municipal Treasurer of Dapa, Surigao del Norte which stated that taxes on the properties posted as bond had already been fully paid as of 1995.
In his investigation report, 5 Judge Lozada recommended that respondent judge be absolved from the charges on the ground that complainant failed to establish an irregularity in the approval of the bailbond in the three (3) criminal cases. The discrepancy in the issuance of the order of release on 5 May 1995 and the fact that there was no bailbond filed in MCTC Dapa, Surigao del Norte as of 11 May 1995 is explained by the fact that the bailbond was filed and approved in the MCTC of Sta. Monica (less than two [2] hours drive by private vehicle from Dapa) and was received by the Clerk of Court of MCTC Dapa only on 18 May 1995 When the order of release was issued on 5 May 1995, the bailbond was already filed in Sta. Monica.
Judge Lozada then concluded that regularity in the performance of official duty had not been overcome by evidence of the complainant who had no personal knowledge of the alleged misconduct of respondent judge.
On 31 January 1996, this Court designated Judge Melchor Libarnes of RTC Branch 31 of Dapa to report to the Court whether or not accused Pedrito Bondoc in Criminal Cases Nos. 106, 107 and 108 was actually arrested; if so, in what municipality he was apprehended and actually detained. Judge Libarnes’ investigation reveals that based on testimonies of the police officers, Accused Bondoc was not arrested and the warrants of arrest were returned to MCTC, Dapa unserved.
On the basis of the evidence on record, the OCA found that respondent judge had no authority to issue the order of release in view of Sections 1 and 14(a), Rule 114 of the Rules of Court It also noted the past indiscretion of respondent judge in the case of Rodolfo G. Navarro v. Judge Hernando C. Domagtoy 6 where the latter was suspended for a period of six (6) months after having been found guilty by this Court of gross misconduct, inefficiency in office and gross ignorance of the law.
The OCA recommends that respondent judge be ordered to pay a fine of Ten Thousand Pesos (P10,000.00), with warning that a repetition of the same or similar acts in the future would be dealt with more severely.
This Court agrees with the findings of the Office of the Court Administrator.
Section 1, Rule 114 of the Rules of Court provides:jgc:chanrobles.com.ph
"SECTION 1. Bail defined. — Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit, or recognizance." (Emphasis supplied)
Bail, by its clear definition, requires that a person must first be arrested or deprived of his liberty because the purpose of bail is to release an accused or respondent from imprisonment or detention until his conviction and yet secure his appearance at the trial. 7 It would he incongruous to grant bail to one who is free, 8 as what happened in the case at bar
Arresting officers Arturo Esparrago, Sotico Espejon, Carlito Cagula and Patrocinio Cuadrillero testified that when they went to the house of accused Bondoc, and subsequently to the house of Barsenio Mindana to serve the warrants of arrest, Accused Bondoc could not be located or found, so they went back to their station. 9 until the time they returned the warrants, they had not arrested accused, 10 nor did the latter surrender to their office at any time thereafter. 11 These testimonies confirmed complainant Adapon’s allegation that accused Bondoc was not arrested nor did he surrender to the authorities before the order of release was issued on 5 May 1995. The report of Judge Libarnes is also of the same tenor. Consequently, respondent judge’s issuance of the order of release when accused Bondoc had never been arrested, was a display of gross ignorance of the law. Respondent judge, therefore, gravely abused his discretion in issuing said order of release.
But, even assuming that bail could be granted in this case, it was not within the jurisdiction of respondent judge to grant the same. Bail may be granted by the court in which it is properly filed. Section 14(a). Rule 114 provides:jgc:chanrobles.com.ph
"Sec. 14. Bail, where filed. — (a) Bail in the amount fixed may be filed with the court where the case is pending, or, in the absence or unavailability of the judge thereof, with another branch of the same court within the province or city. If the accused is arrested in a province, city or municipality other than where the case is pending, bail may be filed also with any regional trial court of said place, or, if no judge thereof is available, with any metropolitan trial judge, municipal trial judge or municipal circuit trial judge therein."cralaw virtua1aw library
The criminal cases are pending before the Municipal Circuit Trial Court of Dapa, Surigao del Norte. The order of release should have been issued if at all, by that court, or in the absence or unavailability of Judge Jose Comon who hears the cases in the MCTC of Dapa. Surigao del Norte, then by another branch of an MCTC within Surigao del Norte. However, there is no proof that Judge Comon was absent or unavailable on 5 May 1995 to grant the bail. Respondent judge alleged in his memorandum 12 that the arresting officers were not able to locate Judge Comon because it was already twelve noon and the latter was not in his office. But he did not buttress this claim. The three (3) arresting officers presented, however, never testified that they tried to consult Judge Comon regarding the validity of the warrants, as respondent judge had claimed 13 Instead they testified that they tried to locate accused Bondoc in order to serve the warrants of arrest on 5 May 1995 but failed to find him. If Judge Comon was indeed absent or unavailable, there is no evidence on record that respondent judge tried to ascertain or confirm this fact.
Furthermore, there is no evidence presented that accused Bondoc was arrested in the municipality of Sta. Monica-Burgos, to clothe respondent judge with authority to grant the bail and issue the order of release in the absence of any RTC judge. Respondent judge avers that accused Bondoc was arrested in the house of Arsenio Mindana in Dapa, which statement makes his order of release all the more untenable because the arrest was allegedly made in Dapa while the order of release was issued by respondent judge in his capacity as presiding judge of the 11th MCTC of Santa Monica-Burgos. Respondent judge, therefore, granted bail and issued the order of release without jurisdiction.
This is not the first time that a complaint is brought before this Court involving irregular approval of bailbond and issuance of order of release. 14 The Court again reminds judges of lower Court of their role as the embodiment of competence, integrity and independence. 15 This Court believes that in order to achieve justice, judges should, in all cases, diligently ascertain and conscientiously apply the law in relation to the facts of each case they hear and decide, unswayed by partisan interests, public opinion or fear of criticism. This is the least that judges can do to sustain the trust reposed on them by the public.
WHEREFORE, we find respondent judge guilty of gross ignorance of the law and abuse of authority. Considering, his past indiscretion and the warning that repetition of the same or similar acts would be dealt with more severely, respondent judge is ordered, as recommended by the Office of the Court Administrator to pay a fine in the amount of TEN THOUSAND PESOS (P10,000.00).
Bellosillo, Vitug, Kapunan and Hermosisima, Jr., JJ., concur.
1. TSN of testimony of SP02 Arturo D. Esparrago, 29 February 1996, Rollo. p 185.
2. Rollo, p. 29.
3. Rollo, p 30.
4. Rollo, pp. 51-52.
5. Rollo, p. 133.
6. Navarro v. Domagtoy, A M. No. MTJ-96-1088, 19 July 1996.
7. 4 Moran, Manuel V., Comments on the Rules of Court 150 (1980).
8. Mendoza v. Court of First Instance of Quezon, Nos. L-35612-14, 27 June 1973, 51 SCRA 369.
9. TSN of testimony of SP02 Arturo Esperrago, Rollo, pp. 183-186.
10. Id., p. 187.
11. TSN of testimony of SP02 Sotico Espejon, Rollo, p 192.
12. Rollo, p. 56.
13. Id.
14. Refer to the case of Paz v. Tiong, A.M. No. MTJ-94-998 February 1996.
15. Rule 1.01. Canon 1, Code of Judicial Conduct.
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US Supreme Court Decisions On-Line> Volume 339 > UNITED STATES V. GERLACH LIVE STOCK CO., 339 U. S. 725 (1950)
UNITED STATES V. GERLACH LIVE STOCK CO., 339 U. S. 725 (1950)
United States v. Gerlach Live Stock Co., 339 U.S. 725 (1950)
United States v. Gerlach Live Stock Co.
Argued March 1, 1949
Reargued March 29-30, 1950
Decided June 5, 1950*
Respondents are owners of so-called "uncontrolled grass lands" along the San Joaquin River in California which depend for water upon seasonal inundations resulting from overflows of the River. The value of these lands will be impaired by the construction by the United States of the Friant Dam and its dependent irrigation system, as part of the Central Valley Project, a gigantic undertaking by the Federal Government to redistribute the principal fresh water resources of California. While the project will have some relatively insignificant effects on navigation, its principal economic effects pertain to values realized from storage and redistribution of water for power, irrigation, reclamation, flood control, and other similar purposes. Claiming under California law riparian rights to the benefits from the annual inundations of their lands, respondents sued in the Court of Claims for compensation. The Government contended that the damage was noncompensable, on the ground that the entire project was authorized by Congress, under the commerce power, as a measure for the control of navigation.
Held: judgments of the Court of Claims in favor of respondents are affirmed. Pp. 339 U. S. 727-756.
1. Even if it be assumed that Friant Dam bears some relation to control of navigation, nevertheless Congress elected to treat it as a reclamation project, to recognize any state-created rights and to take them under its power of eminent domain, and the provisions of the Reclamation Act, 43 U.S.C. §§ 371 et seq., providing for reimbursement, are applicable to these claims. Pp. 339 U. S. 731-742.
(a) In undertaking the Friant projects and implementing the work as carried forward by the Reclamation Bureau, Congress proceeded on the basis of full recognition of water rights having valid existence under state law. Pp. 339 U. S. 734-736. chanroblesvirtualawlibrary
(b) Notwithstanding its general declaration of purpose that the Central Valley Project as a whole is to improve navigation, Congress did not intend to invoke its navigation servitude as to each and every one of this group of coordinated projects, and has not attempted to take, or authorized the taking, without compensation, of rights valid under state law. Pp. 339 U. S. 736-739.
(c) The administrative practice with reference to this project supports the view that it is a reclamation project involving respect for existing water rights and compensation to owners thereof. Pp. 339 U. S. 739-742.
2. Under California law, respondents had riparian rights to periodic inundations of their lands by seasonal overflows of the River; these rights are compensable under California law, and the awards of the Court of Claims correctly applied the law of California as made applicable to these claims by Congress. Pp. 339 U. S. 742-755.
3. This Court declines to set aside the determination of the Court of Claims that the date from which interest is to be allowed is October 20, 1941, the date of the first substantial impoundment of water, even though it had not then prevented benefits from reaching the property. P. 339 U. S. 755.
4. This Court accepts without review a finding by the Court of Claims construing reservations in deeds of certain of the claimants, a question governed by conveyancing and real property law peculiar to this one case, depending on local law, and not of general interest, and on which there is no manifest error in the finding of the Court of Claims. P. 339 U. S. 755.
5. The Court of Claims adequately described the rights taken and for which it made an award. P. 339 U. S. 756.
111 Ct.Cl. 1, 89, 76 F.Supp. 87, 99, affirmed.
The Court of Claims severally awarded compensation to respondents for the taking by the United States, through the construction of Friant Dam, of their riparian rights to annual inundations of their lands along the San Joaquin River in California. 111 Ct.Cl. 1, 89, 76 F.Supp. 87, 99. This Court granted certiorari. 335 U.S. 883. Affirmed, p. 339 U. S. 756. chanroblesvirtualawlibrary
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US Supreme Court Decisions On-Line> Volume 365 > MAYNARD V. DURHAM & SOUTHERN RY. CO., 365 U. S. 160 (1961)
MAYNARD V. DURHAM & SOUTHERN RY. CO., 365 U. S. 160 (1961)
Maynard v. Durham & Southern Ry. Co., 365 U.S. 160 (1961)
Maynard v. Durham & Southern Railway Co.
Decided February 20, 1961
CERTIORARI TO THE SUPREME COURT OF NORTH CAROLINA
An employee sued a railroad in a state court to recover damages under the Federal Employers' Liability Act for an injury sustained in the course of his employment. As a defense, the railroad tendered a release signed by the employee, and the court granted a nonsuit after all the evidence was in. There was a conflict in the evidence as to what happened when the release was signed.
Held: the judgment is reversed. Pp. 365 U. S. 160-163.
(a) The rule of Dice v. Akron, C. & Y. R. Co., 342 U. S. 359, that the validity of a release under the Federal Employers' Liability Act is a federal question, applies where a release is challenged as not being supported by consideration as well as where the attack is made for fraud. P. 365 U. S. 161.
(b) On the record, there was a genuine issue of fact concerning the presence of consideration for the release, and that issue should have been submitted to a jury. Pp. 365 U. S. 161-163.
251 N.C. 783,112 S.E.2d 249, reversed.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
Petitioner, an employee of respondent, sued in a North Carolina court for damages under the Federal Employers' Liability Act, 45 U.S.C. § 51. As a defense, respondent tendered a release signed by petitioner, and moved for a nonsuit. The motion was allowed after all the evidence was in, and the Supreme Court of North Carolina chanroblesvirtualawlibrary
affirmed, one judge dissenting. 251 N.C. 783, 112 S.E.2d 249.
We said in Dice v. Akron, C. & Y. R. Co., 342 U. S. 359, 342 U. S. 361, that the
"validity of releases under the Federal Employers' Liability Act raises a federal question to be determined by federal, rather than state, law."
While that case dealt with a release challenged on the ground of fraud, the rule it announced also governs releases challenged for lack of consideration. For releases obtained by fraud or for no consideration could equally defeat the federal rights created by this Act of Congress. It was because of our doubts that the decision below squared with that rule that we brought the case here on certiorari. 363 U.S. 839.
Petitioner was injured August 22, 1955, and came back to work on September 12, 1955. On September 17, he signed the release in question. There is conflicting evidence as to what happened at that time. According to petitioner, he went into the office of Mr. McAllister, General Manager, and asked for his pay check; Mr. McAllister "gave me a paper, told me to sign that, and I signed it"; petitioner did not read the paper; he signed it "because every check that we ever got from the railroad we had to sign for it"; he signed thinking he was signing for his pay check; he thought the railroad owed him $144.60 for labor, the amount he received; he "never received anything from the railroad as a result of the injury." Petitioner also testified that, some six months after he received the $144.60, he was asked to sign a release for his injuries, and refused. As to the paper he signed on September 17, petitioner further testified that Mr. McAllister
"didn't make me any false representations. The only thing he did do there, he just didn't explain the paper to me. He didn't make any deceitful suggestions to me. He didn't make any fraudulent suggestions to me."
Petitioner also testified, "The $144.60 that I received there from Mr. chanroblesvirtualawlibrary
McAllister was not for injuries. That was my pay check."
On the other side, there was testimony by a former employee, who was petitioner's witness, that it was the policy of the company not to pay wages for the time a person was "off from work" unless he signed a release, and that policy applied when an employee did not work because of an injury. This witness also testified that, in a conversation he and petitioner had with Mr. McAllister, * McAllister told petitioner he would have to sign a release before he could get back pay. Moreover, Mr. McAllister testified that petitioner stated "that he would like to settle up with the company, that he was broke and needed some money"; that McAllister told petitioner "that he knew if we settled up with him, it would be necessary for him to sign a release"; that petitioner said he was "willing to sign a release", and that that was "the purpose of his visit"; that he, McAllister, explained to petitioner what was in the release and that, if he signed it, he would be paid "for his time lost"; that McAllister did not promise "any future payments" if petitioner signed the release "except that possibly we would take care of his doctor's bills if he had any."
In addition, petitioner testified that, while he did not know it was the railroad's policy to pay an injured employee for time lost only upon signing a release,
"This wasn't the kind of thing that I would sign for my regular pay check. I didn't know what it was. I just did not give to no thought."
We find no evidence sufficient for a jury that respondent obtained the release by fraud, duress, or undue influence. chanroblesvirtualawlibrary
We conclude, however, that there was a jury question as to whether the release was given for a consideration.
We think the correct rule concerning the adequacy of consideration for a release of claims under the Act was stated in Burns v. Northern Pac. R. Co., 134 F.2d 766, 770.
"In order that there may be consideration, there must be mutual concessions. A release is not supported by sufficient consideration unless something of value is received to which the creditor had no previous right."
If, in other words, an employee receives wages to which he had an absolute right, the fact that the amount is called consideration for a release does not make the release valid. See Hogue v. National Automotive Parts Assn., 87 F.Supp. 816, 821.
On this record, there is a genuine issue of fact concerning the presence of consideration for the release. Petitioner claimed that what he received was his pay check, rightfully owing. Against that was evidence that no back wages were due, and that an amount equal to back wages was paid for the release. It is not for the judges to resolve the conflict and to conclude that one side or the other was right. The issue of fact that is presented is one on which fair-minded jurors might honestly differ. Cf. Rogers v. Missouri Pacific R. Co., 352 U. S. 500, 352 U. S. 510.
* The witness, who was Chairman of the local union at the time of the accident, could not remember whether this meeting took place before or after September 17, 1955 (the date of the release), although he was sure it took place after August 22, 1955. Petitioner testified this meeting took place after September 17.
MR. JUSTICE FRANKFURTER, dissenting.
This case was brought here on a meager typewritten petition which invoked the Court's certiorari jurisdiction on the claim that the North Carolina Supreme Court had disregarded controlling federal standards for determining the validity of a release from liability under the Federal Employers' Liability Act. In reversing the North Carolina Supreme Court, this Court does not support the grounds on which review was urged. The oral argument dispelled such a claim, and revealed, what the Court's chanroblesvirtualawlibrary
opinion now recognizes, that the conflict between the state court and this Court turns on assessment of the trial testimony. This Court has repeatedly announced that the writ of certiorari is not to be employed to pass on matters of evidence, and our Rule 19 formally bars such an obvious misuse of our discretionary jurisdiction. Again and again, we deny petitions for certiorari which merely raise disputed issues of fact. Instead of making cases arising under the Federal Employers' Liability Act an exceptional class, Congress, in 1916, explicitly withdrew Federal Employers' Liability cases from the Court's obligatory jurisdiction. 39 Stat. 727. For reasons set forth at length in my dissenting opinion in Ferguson v. Moore-McCormack Lines, Inc., 352 U. S. 521, 352 U. S. 524, I would dismiss this writ as improvidently granted. Doing so after argument has been had would serve to discourage petitions brought solely to review matters of evidence; to adjudicate the case on the merits by taking one view of the evidence as against another only encourages petitions that ought not to be filed here. See Layne & Bowler Corp. v. Western Well Works, Inc., 261 U. S. 387.
MR. JUSTICE WHITTAKER, with whom MR. JUSTICE HARLAN joins, dissenting.
Petitioner was employed by respondent as a "section" worker at Apex, North Carolina. He normally worked five eight-hour days per week, and was compensated for hours worked at a rate aggregating about $290 per month. The record is not entirely clear on the point, but it would appear that he had received the wages he had earned through Friday, August 19, 1955. On Monday, August 22, he was injured in the course of his work, but he worked the remainder of the day and also the next, Tuesday, August 23. He was then off work for a total of 19 days, 13 of which were working days, returning to chanroblesvirtualawlibrary
work on Monday, September 12, and working through Friday, September 16, of that week. On Saturday, September 17, he signed a "Release" of all claims against his employer on account of his injury, and delivered the same to his employer in exchange for its check to his order in the amount of $144.60 -- which, it appears, is the exact amount he would have earned had he worked each working day through the period he was off.
At the conclusion of the trial of his action, brought under the Federal Employers' Liability Act against his employer, the trial court rejected his contentions that the "Release" was (1) obtained by fraud and (2) was not supported by any consideration, held the "Release" to be a valid bar of his claim for damages, and dismissed the suit. On appeal, the Supreme Court of North Carolina affirmed, 251 N.C. 783, 112 S.E.2d 249, and we granted certiorari. 363 U.S. 839.
The only question here is whether that judgment was justified by the record. With all respect, I think it was.
I agree with the Court that the evidence wholly failed to sustain the claim of fraud. In fact, as the Court's opinion shows, petitioner's testimony affirmatively discloses that there was none. He testified that respondent's officer, with whom he dealt in respect of the "Release,"
"didn't make me any false representations. . . . He didn't make any deceitful suggestions to me. He didn't make any fraudulent suggestions to me."
But I am equally unable to find in the record any evidence to show that the "Release" was given without consideration. Petitioner admits that he was required to sign the "Release" before respondent would pay him the $144.60 which he received in exchange for it. Of course, I agree with the Court's statement of the law that
"'A release is not supported by sufficient consideration unless
something of value is received to which the [releasor] had no previous right.' If, in other words, an employee receives wages to which he had an absolute right, the fact that the amount is called consideration for a release does not make the release valid."
Here, however, there is no evidence that the $144.60 which petitioner received in exchange for the release had been earned by, or was due, him. It is true that that amount was exactly the sum he would have earned in the relevant period had he worked. But he did not work in that period. He admits that he was off work from Wednesday morning, August 23, to Monday morning, September 12 -- a total of 19 days, 13 of which were working days. Of course, he could have had a contract with his employer obligating it to pay him normal wages while disabled by injury or sickness. But he has not shown that any such contract existed.
As I read and understand them, these undisputed facts fail to show that the amount paid by respondent to petitioner for the Release was his own money -- money that he had earned as wages, or that was otherwise owing to him. As I see it, then, petitioner has wholly failed to produce any evidence to show that the Release was made without consideration.
Whether petitioner may have had a solid basis to rescind the Release -- upon the ground of mutual mistake of fact, i.e., that he was more seriously injured than either he or respondent believed at the time the Release was made, of which there is considerable indication in the record -- would present a question of more substance. But that question is not before us, as petitioner has not proceeded on that theory.
On the record as it stands, I think the North Carolina Courts were right, and that their judgment should be affirmed.
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US Supreme Court Decisions On-Line> Volume 367 > COMMISSIONER OF INTERNAL REVENUE v. SCHLUDE, 367 U.S. 911 (1961)
COMMISSIONER OF INTERNAL REVENUE v. SCHLUDE, 367 U.S. 911 (1961)
Subscribe to Cases that cite 367 U.S. 911
COMMISSIONER OF INTERNAL REVENUE v. SCHLUDE ET UX.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE EIGHTH CIRCUIT. No. 629.
Decided June 19, 1961.
Certiorari granted; judgment vacated; and case remanded.
Reported below: 283 F.2d 234.
Solicitor General Rankin, Assistant Attorney General Rice, Harry Baum and George F. Lynch for petitioner.
Robert Ash and Carl F. Bauersfeld for respondents.
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded for further consideration in the light of American Automobile Association v. United States, ante, p. 687.
MR. JUSTICE DOUGLAS dissents.
FAMILY FAIR v. OHIO, 367 U.S. 911 (1961) 367 U.S. 911 (1961) ">
FAMILY FAIR v. OHIO, 367 U.S. 911 (1961)
FAMILY FAIR, INC., ET AL. v. OHIO.
APPEAL FROM THE SUPREME COURT OF OHIO.
Reported below: 171 Ohio St. 322, 170 N. E. 2d 731.
J. H. Nathanson for appellants.
Fred A. Smith for appellee.
MR. JUSTICE DOUGLAS is of the opinion that probable jurisdiction should be noted.
Page 367 U.S. 911, 912
Page 367 U.S. 911, 1
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MICHAEL WEATHERLY’S CHARACTER DR. BULL IS BACK WITH A BRAND NEW SEASON
Dr. Jason Bull seems to have gone through a change of heart after S2 cliffhanger
Brash and brilliant Dr. Jason Bull (Michael Weatherly) not only comes back alive after suffering from a massive heart attack on the Season 2 finale. He’s also looking like a whole new man as he goes straight back to work and ready for another bout of courtroom voir dire in the third season of Bull on Blue Ant Entertainment.
Towards the end of the last season, Dr. Bull fell into a downward spiral—drinking, overeating, missing out on sleep, and occasionally throwing out tantrums that would sour the confidence of the Trial Analysis Corporation team.
The new season, however, opens with a sleeker-looking man, without the unkempt hair, unshaven face, and the pounds around his waist and under his chin—signs of change from someone who only thinks about himself. Unfortunately, he returns to work facing a rather rich client, an insurance company being sued by a dying mother who was denied coverage for a liver transplant. Will the snarky Dr. Bull manage to choose the right thing not just for himself but also for his team?
It’s a decision that could make or break his return after almost losing the team’s confidence in the previous season due to his self-destructive decisions, especially when he found out that his ex-wife was remarrying. TAC’s second-in-command Marissa Morgan (Geneva Carr) couldn’t help but confront him: “I think you’re an amazing person, Jason, but I am tired of worrying about you, pitying you. I want to admire you again.”
He then tried patching things up—by taking on a risky death penalty case involving a mute man accused of rape, murder, and arson. The team didn’t share his enthusiasm and thought that he was being too impulsive when he took the case. No matter what they said, he trusted his guts—the way he had always done to do what was right for his team and clients.
Dr. Bull stood by his instincts and persuaded the team that there was hope not only for the case, but also for him to make things right again. In the end, they managed to uncover the tracks of the real perpetrator and prove their client’s innocence— not without a heavy toll on him that left viewers with bated breath.
Now Bull is back and in much better health—and more importantly, with more sensitive feelings. Could it be because he came face to face with his mortality? The entire TAC team is certainly happy seeing their boss back in business, but whether he’s become a changed man is another story.
Viewers will have to wait and see if Dr. Bull returns with a kinder disposition when he is enlisted by a big insurance company for a controversial case. The new season also puts the trial science expert Dr. Bull in the jury seat, serving his civic duty while working on a case to defend a woman accused of killing her daughter’s murderer in the next case.
Catch the two-episode premiere of Bull Season 3 on October 12, Friday at 9:45PM (8:45PM JKT/BKK) on Blue Ant Entertainment.
Stay up-to-date on the TAC’s latest case by following Blue Ant Entertainment at www.facebook.com/BlueAntEntertainment, @BlueAntEnt on Twitter, and @BlueAntEntertainment on Instagram.
Blue Ant Entertainment
Blue Ant Entertainment is a general entertainment channel with the best mix of reality, drama, comedy, and daily programmes. Featuring hit series and late-night television, airing day-and-date with the U.S. and U.K. markets, including: competition series The X Factor UK; dailies Entertainment Tonight, The Late Show with Stephen Colbert and The Late Late Show with James Corden. The channel also ‘LIVE’ broadcasts some biggest award shows in the world, including The Golden Globe Awards, Screen Actors Guild Awards, American Music Awards and Billboard Music Awards.
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Home » About Us » Our people » People finder » Dr Sophie Elsmore
Dr Sophie Elsmore
Lecturer in Housing and Human Geography; Course Director: MA Housing and Society
elsmores@lsbu.ac.uk
School/Division:
Law and Social Sciences / Urban, Environment and Leisure Studies
Dr Sophie Elsmore joined as a Lecturer in Housing and Human Geography in 2017. Prior to joining LSBU, Sophie has previously taught at King’s College London (2011-2015), University College London (2015-16) and St Mary’s University (2016-17). At LSBU, Sophie teaches across housing, urban and environmental planning, and human geography.
As an urban geographer, Sophie’s research broadly focuses on the interrelationships between urban governance and the built environment. Currently, she is developing work on the socio-political relations of contemporary property developers.
Sophie’s PhD, ‘From the public interest to the marketization of planning: Section 106 agreements and the governance of spatial development’ was completed at the Department of Geography, King’s College London, funded by the Economic and Social Research Council. During her PhD, Sophie was a Visiting Research Fellow at the Centre for European Studies, Sciences-Po Paris, funded by an ESRC Overseas Institutional Visit Award. She holds an MSc Cities and BA (Hons) Geography from the Department of Geography, King’s College London.
Planning History and Principles
Housing History and Context
Economic Geographies
Researching Housing Policy
Housing and Home
Neighbourhood Management and Renewal
Sophie’s research broadly focuses on the interrelationships between urban governance and the built environment. Within this, her research interests cut across three themes: (i) urban governance and legal geographies; (ii) planning and the built environment; and (iii) housing and property development. In turn, it addresses the complex interrelationships between government (national and local), the private sector and communities in the governance, planning and management of contemporary cities.
Her doctoral thesis, ‘From the public interest to the marketization of planning: Section 106 agreements and the governance of spatial development’, examined the changing role of section 106 agreements as part of the planning process, and what these practices reveal about the changing interrelationships between local planning practice and private property development interests. By critically interrogating practices of city building and the politics of spatial development in London, the thesis makes three important contributions: (i) it evidences the progressive marketization of planning practices; (ii) draws attention to the growing use and implications of contractual governance arrangements in shaping the politics of spatial development; and (iii) addresses the paucity of understanding about the role of private sector property developers, arguing for the necessity to conceptualize them as political actors.
Sophie is currently developing work focusing on the necessity of understanding the socio-political relations of property developers within contemporary city building.
Alongside this, she is working on a project to develop understandings of expert knowledge within socio-environmental decision and policy-making.
School of Law and Social Sciences
Urban Design and Planning - MA
Town and Country Planning - PgDip / MA
Senior Housing/Property Management Apprenticeship (Housing Management CertHE)
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Abbas: Closure of Aqsa 'declaration of war'
Oct. 30, 2014 1:09 P.M. (Updated: Nov. 1, 2014 11:51 A.M.)
RAMALLAH (AFP) -- Israel's closure of the flashpoint Al-Aqsa Mosque compound to all visitors following the shooting of a Jewish hardliner is tantamount to a "declaration of war," President Mahmoud Abbas said Thursday.
"This dangerous Israeli escalation is a declaration of war on the Palestinian people and its sacred places and on the Arab and Islamic nation," his spokesman Nabil Abu Rudeina quoted him as saying.
"We hold the Israeli government responsible for this dangerous escalation in Jerusalem that has reached its peak through the closure of the Al-Aqsa mosque this morning," he added.
Abu Rdeina added, according to the official Palestinian news agency Wafa, that Abbas confirmed that “Jerusalem and its holy Muslim and Christian places are a red line and we won’t accept any harm to them.”
Abu Rdeina said that Israel’s decision to seal Al-Aqsa mosque for the first time “was a brazen challenge and dangerous behavior, and will lead to more tension and instability and create very dangerous atmosphere.”
The state of Palestine, he added, will carry out all the procedures needed to call Israel to account and stop these ongoing attacks.
Abbas’ spokesman urged the international community to “take action immediately in order to stop this aggression because with such attacks and dangerous escalation
“Israel is declaring war against the Palestinian people and their holy places and against both the Arab and Islamic nations.”
Israeli forces completely sealed off the Al-Aqsa compound for the first time in decades late Wednesday following the shooting of a far-right Israeli activist in Jerusalem.
Hundreds of Muslim worshipers performed dawn prayers in the streets outside the holy site after Israeli forces closed all entrances.
Only the director of the Al-Aqsa compound and security guards were allowed in. The Muezzin, who leads the call to prayer, was also denied entry.
"It is unacceptable that the Al-Aqsa Mosque pays a toll for the events in Jerusalem. The mosque is a place for prayer and worship and all Muslims have the right to access it," the director said.
A spokeswoman for the Israeli police, Luba al-Samri, said that the decision was taken after evaluating the security situation following the attempted murder of Yehuda Glick.
Palestinian minister of endowment Sheikh Yusuf Deis said that this was the first time the mosque had been completely sealed off since 1967.
The minister said it was a "conspiracy" aimed at dividing the mosque, and criticized the move as violating the rights of Muslim worshipers.
Some 500 students, who study in religious schools inside the compound, were also denied entry.
Israeli restrictions on Muslim prayer at the holy site have caused tensions over the past few weeks, leading to regular clashes in East Jerusalem.
The Al-Aqsa Mosque is sensitive for Palestinians due to its status as the third holiest site in Islam and its location in the heart of the Old City of Israeli-occupied East Jerusalem.
Israel claims all of Jerusalem as its "eternal, undivided capital," but the international community sees East Jerusalem as Palestinian territory and the capital of a future Palestinian state.
Ma'an staff contributed to this report.
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Promoting the Art of Opera in Jordan through Amman Opera Festival
Within the scope of activities held by the Amman Opera Festival (AOF) in 2018, Jordanian soprano Zeina Barhoum is going to hold a workshop about opera on Saturday, August 11 from 12:30 PM till 2:30 PM at the headquarters of National Express in Jordan at its roof garden. Open to the public, the workshop aims to give attendees an idea about opera, opera in Jordan and a brief about the performance of La Bohème this September and what should the audience expect.
Operating in Jordan since 1992, National Express is a credit card company that prides itself in being the only national card using the Jordan Dinar for all settlement purposes.
Most recently, Barhoum's performance of Verdi's La Traviata was screened at Roxy Cinemas in Dubai, within the Roxy Culture event. In December 2018, Barhoum is going to perform at the Studio featuring her second Album Alcantara II, held at Dubai Opera. She is set to sing songs from popular operas, including La Boheme, Turandot and Carmen.
Jordanian Soprano Zeina Barhoum's first album Alcántara - Bridging Cultures Across The Mediterranean & Beyond was recently launched on iTunes & Anghami. The album contains 10 Arabic and international cover songs, including the classical Andalusian-Arabic song Lamma Bada, the Neapolitan song O Sole Mio and Sempre Libera from Verdi's La Traviata and more.
Zeina Barhoum is a classically trained Soprano and founder of The Alcántara music and art series. Zeina has performed at benefits countless times for the benefit of women, children, peace and prosperity. Among her many invitations to perform, Barhoum was invited to perform at Kensington Palace in celebration of Women achievers, and for bridging cultures through the Arab International Women's Forum.
Her album Alcántara refers to the Roman stone arch bridge built in Extremadura, Spain. The title of the song reflects Zeina's dedication to building strong connections of understanding and compassion through her music. Her second album, Alcántara II was recently recorded live and launched at a concert accompanied by the Philharmonic Orchestra of Lviv and Choir lead by Conductor Lorenzo Tazzieri. Zeina obtained a BSC in Visual Communication at the American University of Sharjah.
During 2017, Barhoum was awarded the Grand Prix at a ceremony held by the Embassy of Ukraine in Jordan. She had previously won the same award at the 2nd Taras Shevchenko International Singing Competition. In July 2017, Barhoum launched the Amman Opera Festival (AOF), the first opera festival in the Arab world. Currently, she is working on launching AOF's second edition featuring the opera La Bohème on September 4th and 6th, 2018 at the Roman Theatre in downtown Amman. The festival will be opened with a performance highlighting young local talent from the workshop help under the umbrella of the festival "An Eye on Music in Education" accompanied by the Sichuan Philharmonic. Partial proceeds will be allocated towards a scholarship fund and the benefit of underprivileged children in collaboration with Taawon for Youth and Save The Children Fund.
National Express Credit Cards are also a ticket selling point for AOF including Cozmo 7th circle.
For more info you can call 065657541 ex.224 / 0790936963 / 0799822446 and visit
www.ammanoperafestival.com
Under the patronage of HRH Princess Muna Al Hussein, Soprano Zeina Barhoum and Somerset artist Peter Lawrence held an art exhibition that included some of their paintings, as part of Alcántara Beyond the Wells: Bridging Cultures with Music and Art, at the Bishop's Palace in Wells, UK.
Zeina is also a fashion designer at Creative Concepts Industries (CCI), a family business that was founded in July 2006. She started her own jewelry brand Zeina Barhoum Jewelry.
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In short: the haircut, the rumours, the ruling, the sunglasses…
Raising Malawi Haircutting Event
Get your hair rocked by Celebrity Stylist Steven Dillon, the owners and hair artists at Red Market Salon, on Wednesday 20 october 2010, while helping to raise money for the children of Malawi!
Hair services range from $150 to $400, by donation, and will be Matched Dollar for Dollar by Madonna.
Go to RedMarketNYC to book an appointment for the night or call:212-929-9600
According to website showbiz411, Madonna went to see “Black Swan” in the Hamptons…
Madonna–perhaps in the middle of editing her feature film, “W.E”–surprised the Hamptons Film Festival audience and went to see Darren Aronofsky’s “Black Swan” Sunday night. She turned up at the 9:15pm screening at the East Hampton UA Theater. Harvey Weinstein, James Franco, and Bob and Lynn Balaban were also supposedly in the room. “Black Swan” stars Natalie Portman. Madonna is apparently interested in working with Aronofsky on something…
Royal advice?
According to The Sun, Madonna has reportedly been getting some royal advice to help her direct her new film W.E. She apparently wrote to the UK’s royal family asking them to help her get her retelling of King Edward VIII’s romance with US divorcée Wallis Simpson just right. Prince Edward and Princess Michael of Kent supposedly rushed to help the singer, but some of the higher royals refused her request.
A source told the UK newspaper: ‘The entire royal family were contacted and asked if they would like to meet Madonna and production staff – and many took up the opportunity. Some senior figures turned it down. But others, including Princess Michael of Kent, Prince Edward and the Gloucesters, jumped at the chance.’
The ruling
More news on Madonna’s stalker, Robert Linhart…
The judge finally released the 59 year old on $20,000 bail on the condition that he stays at least 10 blocks away from the Material Girl’s property near Central Park.
Back to London?
Rumour has it that Madonna plans to move back to the UK.
Apparently she intends to head back to Britain because she “feels her heart is” in the country, but she will have to apply to move back as she is no longer married to a UK citizen.
According to a source, “Madonna has loved being back in the States since the divorce but England is where she feels her heart is now. She is deliberately focusing on work that will keep her in Britain. She has had meetings with her London legal team, Mischon de Reya, to arrange a visa that will enable her to move back for good. Now that she is no longer a British citizen by virtue of being married to Guy, she is having to apply like everyone else. The other children will automatically gain visas as Madonna’s dependents as long as she can get past the paperwork. The past couple of years have been the breath of fresh air Madonna needed after her divorce, but she is now ready to embrace the British lifestyle again.”
Of course, we don’t believe a word this so-called source says…
The sunglasses
According to French website Fashions-addict, the sunglasses Madonna was wearing during the shooting for her forthcoming movie, W.E. are from French designer Thierry Lasry.
Have a look…
Madonna performs at the Eurovision Song Contest [18 May 2019 – Pictures & Videos]
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Slavin, Neal
In the 1970s Neal Slavin concentrated on capturing the spectrum of American hobby groups, social clubs, professional societies, sports associations, and other gatherings of people. The resulting book, When Two or More are Gathered Together (1976), is a study of the impulse to form and ritualize groups of people around shared activities or interests. The group portrait International Twins Association, Muncie, Indiana offers a humorous look at our society's fascination with doubling, a concept that has been encouraged and reinforced by our perfection of the technologies of reproduction. More recently, Slavin has turned his attention to directing films, including the 2001 Focus based on an Arthur Miller play.
Neal Slavin works in both large and small formats and is known for his photographs of groups of people. Born in Brooklyn in 1941, Slavin earned a BFA from the Cooper Union School of Art and Architecture in New York (1963). His work is represented in such major collections as the Center for Creative Photography, University of Arizona, Tucson; International Center of Photography, New York; Metropolitan Museum of Art, New York; Museum of Modern Art, New York; and the New York Public Library, Photography Archive. His work has been featured in numerous exhibitions.
Capitol Wrestling Corporation, Washington D.C., from "Groups in America" portfolioSlavin, Nealn.d., portfolio 1979
Cemetery Workers and Greens Attendants Union Local 365 S.E.I.U. A.F.L. C.I.O., Ridgewood, New York, from "Groups in America" portfolioSlavin, Neal1979
Electrolux, A Consolidated Foods Company, Stamford, CT, from the "Groups in America" portfolioSlavin, Neal1979
Grand Canyon National Park, National Park Service Grand Canyon, AZ, from the "Groups in America" portfolioSlavin, Neal1979
Holland Tunnel, New York, NY, from the "Groups in America" portfolioSlavin, Neal1979
International Twins Association, Muncie, IN, from the "Groups in America" portfolioSlavin, Neal1979
K & P Distributors, Inc. Sabrett Food Products Corporation, New York, from "Groups in America" portfolioSlavin, Neal1979
Lloyd Rod & Gun Club, Highland, New York, from the "Groups in America" portfolioSlavin, Neal1979
New York City Fire Department (F.D.N.Y.), from "Groups in America" portfolioSlavin, Neal1979
New York City Transit Authority, Brooklyn, New York, from "Groups in America" portfolioSlavin, Nealn.d., portfolio 1979
Product Manager, AT&T Long Lines, Somerset, New Jersey, from "Groups in America" portfolioSlavin, Neal1979
Staten Island Ferry, Liberty Island, NY, from the "Groups in America" portfolioSlavin, Neal1979
The Wheelman, Swarthmore, Pennsylvania, from the "Groups in America" portfolioSlavin, Neal1979
Women's Intramural Softball Team of Warner Communications, Inc., New York, from "Groups in America" portfolioSlavin, Neal1979
World Body Building Guild (W.B.B.G.) Brooklyn, New York, from "Groups in America" portfolioSlavin, Neal1979
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2016 BIG TIME STRATEGIC GROUP BBQ AWARDS
Champions of transformation and empowerment celebrated at 2016 Big Time Strategic Group BBQ Awards
Tags: black business owners, robert arendse, bbq awards, women in business, south africa, leaders, empowerment, emperors palace
In honour of successful black business owners and top achievers across various industries, the 15th edition of the Black Business Quarterly (BBQ) Awards will be hosted on Thursday, 27 October 2016 from 16:00 until late at Emperors Palace in Ekurhuleni, Gauteng. As the crown jewel of the South African events calendar, the 2016 Big Time Strategic Group BBQ Awards is one of the country’s most prestigious and longest-running business award ceremonies that recognise and celebrate the champions of business transformation.
“South Africa desperately needs to address important issues such as education and unemployment, as the associated social-economic problems directly affect our dream for a prosperous rainbow nation. Promoting and empowering leaders of transformation in business is a key priority as it offers solutions to these social-economic difficulties. Events like the Big Time Strategic Group BBQ Awards provide a platform to celebrate and honour such individuals and organisations,” says Robert Arendse, Managing Director of Cape Media, organisers of the Big Time Strategic Group BBQ Awards 2016.
The aim of the Big Time Strategic Group BBQ Awards is to encourage and promote sustainable black business and transformation in South Africa. “Organisations and individuals are recognised for their good corporate governance, leadership and esteemed business achievements at the annual awards ceremony,” adds Arendse.
It promises to be an evening of excitement with South African stand-up comedian, actor, director and all-round entertainer Kagiso Lediga taking up the role of programme director. Jeff Radebe (Minister in the Presidency of Planning, Performance, Monitoring, Evaluation and Administration) and Susan Shabangu, (Minister in the Presidency for Women), will be joined by champions of South Africa’s business elite, along with numerous foreign dignitaries and senior government officials, in celebrating remarkable business achievements.
“The Awards will consist of 13 categories open to individuals, black-owned and empowered companies and organisations in South Africa that include Best Established SMME, Outstanding Woman in Business, as well as Transformation Champion and Community Builder of the Year,” explains Arendse.
Guests will be treated to world-class entertainers such as Loyiso Bala and Black Ivory, and will also be spoiled with a four-course meal fit for royalty. This year’s Big Time Strategic Group BBQ Awards will also be broadcast live online. “The live stream initiative will ensure that members of the public can follow all the festivities at the ceremony as they unfold,” says Arendse.
“We are extremely excited for this year’s event! The 15th anniversary of this esteemed awards ceremony will celebrate some of South Africa’s premier business transformation and empowerment achievements,” concludes Arendse.
For more information on the 2016 BBQ Awards contact Robert Arendse on (021) 681 7000 or robert@capemedia.co.za.
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Stories from Tuesday, April 1, 2008
Leimkuehler does well at Mizzou meet (College Sports ~ 04/01/08)
COLUMBIA -- Missouri Valley College sprinter Linzi Leimkuehler had a pair of top-20 performances last weekend at the Mizzou Relays in Columbia. The senior from Marshall finished 15th out of 50 entries in the University 200-meter dash (26.48 seconds), following that up by coming in 20th in a field of 35 in the higher-level Open 100 (13.10)...
Ervin champion of Mizzou Relays (High School Sports ~ 04/01/08)
COLUMBIA -- The track and field staff at the University of Missouri must have liked what they saw over the weekend from one of their recruits. Marshall senior shot putter Cortni Ervin won her second major meet of the season Saturday at the Mizzou Relays, and did so in convincing fashion. The two-time all-stater made her last throw her best one, reaching 41 feet, 11.5 inches, to put a distance of one foot, 11 inches over her closest challenger, Jefferson City sophomore Emily Old...
'Hounds drop pair at Crest Ridge (High School Sports ~ 04/01/08)
CENTERVIEW -- Crest Ridge scored three runs in the bottom of the sixth inning to break a 2-2 tie en route to a 5-4 non-conference home win over the Sweet Springs baseball team. The Greyhounds were playing catch-up after a wild pitch allowed junior Tucker Waggoner to come in with the game's first run with two outs in the bottom of the second inning...
Donald Joe Hardwick Sr. (Obituary ~ 04/01/08)
Donald Joe Hardwick Sr., 49, of Carrollton, died Friday, March 28, 2008, in Branson. Funeral services will be held Wednesday, April 2, 2008, at 10:30 a.m. at Lindley Funeral Home in Hale. Visitation was held Tuesday, April 1, 2008, at the funeral home. ...
Wanda Lou Benedict (Obituary ~ 04/01/08)
Wanda Lou Benedict, 62, of Marceline, died Saturday, March 29, 2008, at Boone Hospital Center in Columbia. Visitation will be Friday, April 4, 2008, from 6 to 8 p.m. at Delaney Funeral Home in Marceline. Burial will be held at a later date. Born Dec. 18, 1945, in Marshall, she was the daughter of the late Edward and Edna (Taylor) Ramey. On July 29, 1972, she married John Benedict, who survives of the home. She was a Baptist and a homemaker...
Newscope/County commission provisionally accepts bridge project bid (Local News ~ 04/01/08)
Widel Inc. appears to have submitted the winning bid on a bridge project on Wildcat Road. The Saline County Commission approved the bid of $296,606.85 pending bond verification from the engineering firm the county is working with. The Widel bid was the lowest of six bids received. The highest was for more than $403,000...
Cleanup begins Monday afternoon after wild, windy morning (Local News ~ 04/01/08)
Though the front that rolled through Saline County Monday, March 31, wasn't much in terms of rain, the wind it generated made up the difference. The highest wind gust in the Kansas City area was clocked at 39 mph, but there were reports of winds at more than 70 mph in the northern parts of the state...
Saline County Century Farm: Farm owner recalls when farmers depended on horses that 'knew what to do' (Local News ~ 04/01/08)
Bill Conner remembers, as a young boy, working with teams of horses his grandfather, Will Conner, probably trained. "What I actually did when I drove the team was just harrow the ground," he said, adding they didn't disc back then, only plowing and harrowing before planting...
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Stories from Thursday, October 24, 2013
Volleyball: Sweet Springs 2, Sherwood 0 (High School Sports ~ 10/24/13)
Lady 'Hounds celebrate Senior Night victory
Two Vikings win at West Alabama Rodeo (College Sports ~ 10/24/13)
Kingery compiles 270 points for second in all-around cowboy standings
Chiefs seek move up in district (High School Sports ~ 10/24/13)
Prep Grid Preview ... Week 9
Stouffer notes additional funds, Donnell announces grant at Saline County Commission (Local News ~ 10/24/13)
Saline County Prosecutor Don Stouffer told the Saline County Commission there would be an additional $13,000 in the budget this year for collection of child support at the Thursday, Oct. 24, meeting. "As you know, we enter a contract each year with the Division of Child Support and Enforcement with the state to collect child support," Stouffer said...
Drug take back to be held this Saturday (Local News ~ 10/24/13)
On Saturday, Oct. 26, from 10 a.m. to 2 p.m. the Marshall Police Department, in conjunction with the Drug Enforcement Agency, will be collecting unused or expired medications for safe disposal. According to a press release from Marshall Police Department, MPD Detective Unit will be collecting the medications. The drop off point will be Marshall Municipal Court building located at 5 E. Eastwood Street...
Informational meeting planned for 3 Saline County historic sites (Local News ~ 10/24/13)
The public is invited to bring their ideas to an informational meeting on Wednesday, Nov. 6 at Arrow Rock State Historic Site. The meeting will run from 6-8 p.m. at Arrow Rock State Historic Site's visitor center, and will cover Arrow Rock, Boone's Lick and Sappington Cemetery state historic sites in Saline County...
MPS starts negotiation with architecture firm to build new facilities (Local News ~ 10/24/13)
Marshall Public School Board of Education approved a motion to negotiate with Ittner Architectural Leadership firm for possible construction of a new elementary school and an extension to Marshall High School. The special meeting was held at 5:30 p.m. Wednesday, Oct. 23, in which a total of three architectural firms were interviewed...
9 arrests made after a 9-month investigation by MPD (Local News ~ 10/24/13)
After a nearly nine month investigation by Marshall Police Department into the distribution of controlled substances nine arrests were made on various drug charges. According to a police report, eight people from Marshall and one person from Napton were arrested on multiple drug counts. They were arrested for distribution and/or possession of a controlled substance varying from morphine, methamphetamine, oxycodone and marijuana...
Smiths named Home Sweet Hometown Sweepstakes winner (Business ~ 10/24/13)
Wood & Huston Bank has announced that Shane and Regina Smith, of Slater, is the second winner out of four grand prize winners in the Home Sweet Hometown Sweepstakes. The winner of this prize gets their mortgage paid for one year. Shane is an noncommissioned officer in the Missouri National Guard and Regina works at Blumhorst Veterinary Hospital in Marshall...
Marshall Chrysler supports Slater High School (Business ~ 10/24/13)
On two different afternoons, Slater Booster Club teamed up with Marshall Chrysler in fundraising efforts to support student activities at Slater High School. Both events were a huge success. Once again the family members, friends and community showed their support of our students...
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Mystery Movie Month: Rust
Rust (2010)
Does a mystery need a murder? Sadly, it is what you expect from a mystery film. (Of course, I wrote a series of mystery books for kids without a single fatality. Perhaps you know the Bill the Warthog series, in which a talking pig detective solves crimes?) Those books have kid crimes -- petty theft, minor cons, truancy -- but no homicide. In adult mystery films, we expect someone will be offed and someone else will try to find out who done it.
By that definition, Rust is certainly a mystery film. A whole family is killed, and a man is accused of being responsible and is locked away -- but maybe it’s the wrong guy. Sounds like a murder mystery film, but slight differences in tone make Rust feel like different from a traditional mystery. One thing that changes the tone is the fact that the fire that killed the family doesn’t seem to have been set to cause their deaths. Travis, the small town’s eccentric, is thought to have set the fire just because he was nutty. Intentionality is important for a murder mystery: it makes the difference between murder and manslaughter.
In addition, it’s not a police officer or detective who wants to solve the mystery. It’s a former pastor who’s also trying to solve another mystery: the mystery of evil and human suffering. Somehow, James Moore believes all this is tied together.
James Moore is played by Corbin Bernsen, who also wrote and directed the film. Yes, that Corbin Bernsen, from the TV shows L.A. Law and Psych and the Major League trilogy of films. His character, Moore, pastored in his small hometown, Kipling, but he left his town and left the ministry.
We see Moore arguing with a statue of Jesus on the cross saying, “This has to be a two way street, if you won’t answer the simplest questions...I have no choice but to walk away. I’ve given up everything for you. How can I fix that? I love you and honor you and respect you as much as the day I first followed you. I’m sorry, forgive me.”
The fire brought Moore back to the small town of Kipling. His friend, Travis, was placed in a psychiatric institution after the fire. When Moore visits him, Travis insists he set the fire, but Moore can’t believe it of his old friend.
Travis asks if Moore left the ministry because he “ran out of Jesus juice.” Moore seems to go along with that, but then sets off to find out what really happened the night of the fire.
Everyone else in town also seems to wonder why Moore left the ministry. The sheriff, Dwayne, asks, “Did you wake up and say, ‘sorry Lord, this dance is over’?” Moore agrees it was something like that.
Moore’s father says, “Son, every seed you’ve planted, everything you’ve ever put in the ground, including your mother, hasn’t yielded a single thing. And that’s not my fault, it’s not your mother’s fault, and it certainly isn’t God’s fault. My question for you is simple: do you ever plan on finishing anything?”
The only encouragement that Moore seems to get is from on old preacher in town. Pastor Barrow (John Hutchinson) who meets Moore in “the old church” in town. There is a new church as well, but the old one just seems to sit there. Moore tells Barrow he left the ministry because “it just doesn’t make sense.”
Barrow asks, “What is it that doesn’t make sense?”
Moore starts with “this thing with Travis,” but then goes on to talk about war and injustice and suffering and apostasy… And on and on. With all due respect to the former reverend, you really should figure out a little earlier in ministry that the world is a messed up place.
Pastor Barrow tries to help by telling a long, convoluted story that really makes no sense. And it doesn’t seem to help Moore at all.
What helps Moore is solving the mystery of the fire. To the great consternation of local law enforcement, Moore starts to interview people about the night of the fire. He learns that the family was quite religious and the father was very protective of his teenage daughter. He also learns that one of the local teens (a teen who smoke and drinks) was interested in the daughter.
Moore further investigates by bicycling on the route that Travis would have had to take the night of the fire, and discovers he couldn’t possibly have started the fire because he didn’t have time to make the trip. Eventually, Moore solves the mystery.
I’m going to spoil the mystery right now, so if you don’t want read the solution, quit reading right now. By reading on, you’re giving your consent to have the ending spoiled.
It turns out, the fire was started by one of the teens. Actually a group of about a dozen teen was present, but Travis took the rap so these poor young kids wouldn’t have to have their futures disrupted by taking responsibility for the death of a father, mother, and their three kids. Turns out, though, Travis wasn’t really helping. One of the kids, racked by guilt, commits suicide, and yet the rest of the kids are willing to let an innocent man suffer for their crime.
I don’t know how many times I’ve heard pastors make an argument for the Resurrection by saying that if the disciples knew Jesus was still dead, someone would have eventually spilled the beans instead of insisting that He was alive. This film seems to say that in a group of a dozen teens, none of them would come forward with the truth about the tragic death of a family.
But solving the crime is enough to get Moore back in ministry, especially because he can use a poem from the dead father for a sermon illustration. The father had a poem in his Bible (which survived the fire) about community and nature and God and stuff, and Moore shares this poem in his sermon, and all is swell.
The world is just as messed up as it was before, but his friend Travis is out of the asylum, so everything is okay between Moore and God again. I guess solving a mystery does that. If I was judging Pastor James Moore as detective, that would be one thing. But Moore as a pastor gets just Two (out of four) Steeples.
Posted by churchandstates at 11:14 PM
Labels: Corbin Bernsen, mystery movies
Mystery Movie Churches: The Detective
Mystery Movie Month: Alice, Sweet Alice
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In Theaters Now: Ant-Man and the Wasp
Mystery Month: Murder on the Orient Express
July is Mystery Month at Movie Churches
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How Did Justin Timberlake End Up On Michael Jackson's XSCAPE? Timbaland Explains
Timbo gives MTV News the story behind 'Love Never Felt So Good (Remix).'
Adam Fleischer adamfleischer 05/14/2014
The deluxe version of Michael Jackson's new album, XSCAPE, has just one feature: Justin Timberlake on "Love Never Felt So Good (Remix)."
Sure, JT embodies some of the King of Pop's qualities, but how did he end up on the album?
"L.A. [Reid] was torn; I wasn't as torn," Timbaland, who serves as the album's executive producer, told MTV News about the singer's inclusion. "I'm like, The kids gonna flock to this one. People don't know Off The Wall like they know 'SexyBack.' So, this got more feel like if it was 'SexyBack,' but respect to Michael Jackson, this is how we gonna do it."
As for why Timberlake is featured on the "Love Never Felt So Good (Remix)," as opposed to another track -- that was his choosing.
"He picked the song, and that song stuck out to him," Timbo explained. "The other songs, he was like, That's Michael, man; you can't get on nothing with Michael. It's Michael."
On the song, for which a video dropped on Wednesday morning (May 14), Jackson has the opening verse, and JT follows with his after that.
"He inserted himself just enough in 'Love Never Felt So Good,' and just added to what Michael was doing," he said. "He didn't really do too much. When he came in, it made him look special, but it didn't make him look overwhelming. It was just enough."
The single recently hit No. 20 on the Billboard Hot 100, and will likely continue to grow from there. It's an outcome that Justin saw coming.
"He felt like the song that he did, he knew it was hit," Timbo said. "He just felt like it was an honor for him, because I don't know if he ever really, really got to work with him like that. But he talked to Michael a lot. So, it was really something I guess he wanted to do."
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Water Balz Toys Pose Choking Risks to Pets, Kids
Posted on September 18, 2012 by Cynthia A. Diaz-Shephard
Popular Water Balz toys pose choking hazards to pets and children, according to a recent report.
The toys are small, round, brightly colored, marble-like toys constructed of super-absorbent polymer that can rapidly grow to the size of a racquetball when wet, said The New York Times. It is its expanding properties that make Water Balz popular with children and that make it very dangerous to children and animals. In fact, said The Times, some pediatricians have warned parents about the toys’ dangers.
A report just published in the journal Pediatrics involved Texas physicians who documented one case concerning a baby who swallowed a Water Balz and required surgery to have the toy removed, said The Times. When the baby swallowed the small toy it was the size of a small marble, said The Times. By the time it reached her digestive tract, it expanded blocked her intestines.
“Kids swallow things all the time,” Dr. Oluyinka Olutoye, report author and a pediatric surgeon at Texas Children’s Hospital, told The Times. “Most of the time, objects that are small enough to get into the stomach will pass through without causing any problem. But this type of material is made to absorb water, and over time it keeps growing and growing and gets to a size where it can’t get through the digestive tract,” he added.
WebMD pointed out that the toys look like candy to children and can expand to 400 times their original size when wet. The eight-month-old baby was brought to the hospital about 15 hours after she swallowed the Water Balz and was suffering from stomach problems. X-rays did not reveal the toy when she was first brought in for treatment; however, she was admitted; within a couple of days, her belly became swollen and she was exhibiting symptoms consistent with a blockage. The ball had blocked the baby’s lowest portion of her small intestine, said WebMD. The doctors from the Texas Children’s Hospital believe this is the first presumed case of its kind.
The doctors removed the toy, which had expanded to more than one inch, which is larger than the small intestine’s typical diameter. The toy, unaffected by digestion, was fully intact, said WebMD.
The pediatricians tested the Water Balz, placing them in water and measuring them at hours and days later. The toys doubled in size in the first two hours, growing most in the first 12 hours after submersion, said WebMD. The doctors’ tests also revealed that the Water Balz did not break down after being placed in water for four days.
“This case represents a cautionary warning for both parents and practitioners of the potential dangers of ingesting polymer, water-absorbent balls,” the researchers say. “It also highlights the need for earlier intervention if these super absorbent toys are accidentally ingested,” he added, according to WebMD.
The manufacturer of Water Balz, DuneCraft Inc. says the toys are meant for children who are not younger that four years of age; however, Dr. Olutoye, who is also an associate professor of pediatrics at the Baylor College of Medicine, told The Times, that the warnings might not stop younger children from swallowing the colorful toys. Dr. Olutoye noted that similar materials are used in pottery and gardening because of how they absorb water and expand, noting that there have been two known cases of birds dying after ingesting the super-absorbent product. “We speculate that this problem may increase in incidence as a cursory look at department stores suggests that the use of super absorbent polymer technology is becoming more prevalent in toys, gardening equipment, and other household products,” he added, according to the Times.
This entry was posted in Defective Products and tagged Dangerous Toys. Bookmark the permalink.
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From OpenCircuits
The vast majority of electronic systems operate at some fixed frequency. Usually the component that fixes that frequency is a quartz crystal, sealed in a metal can. (Some very-low-cost devices might use a "ceramic resonator" (made of high-stability piezoelectric ceramics, generally lead zirconium titanate) or a resistor and a capacitor to fix the frequency. ).
The entire circuit that generates the frequency is called an "oscillator", includes the resonant part (crystal, resonator, or RC), some capacitors, and a silicon chip and is therefore called a hybrid device. (An oscillator that uses a resistor and a capacitor to fix the frequency is called a "RC oscillator". An oscillator that uses a crystal to fix the frequency is called a "crystal oscillator".)
The oscillator includes, in addition to the frequency-fixing component just mentioned, an amplifier and capacitors.
Oscillators usually come in a metal can, but Epson also encapsulates them in plastic. Typically an oscillator can has 4 pins. Inside the can is all the components of the oscillator. One applies DC power on 2 of the pins, and the oscillating signal (the "CLK OUT") appears on another pin. (The remaining pin is unused).
An oscillator can also be made from scratch using crystal in a (2-pin) metal can, a couple of capacitors, a resistor and an inverter. In either case, the frequency is printed on the top of the crystal or oscillator.
Many microcontrollers have 2 pins (typically labeled "XTAL1" and "XTAL2", or "OSC1" and "OSC2", or something similar) that are designed to be directly connected to the 2 pins of a crystal. (Capacitors from those pins to VCC and GND are also part of the recommended circuit). An inverter inside the microcontroller acts as the amplifier, and the crystal and capacitors make up the rest of the oscillator. Microcontrollers when connected directly to a crystal need to have capacitors attached that need to be percisely matched with other circuit components on the board. Resonators tend to have the capacitor buildin reducing the amount of trial and error of capacitor selection.
In systems with multiple CPUs, it is often simpler, cheaper, and more reliable (avoiding metastability problems) to use a single crystal (rather than a dedicated crystal for each CPU). CPUs (and many other components) often have a single "CLK" pin designed to be connected to the wire used to send that "clock signal" (a fixed frequency) everywhere.
Unfortunately, many people confuse the "clock signal" generated by an oscillator (a simple metronome beat, tone, at constant frequency) with far more complicated "clock system"s that keep track of seconds, minutes, hours, and sometimes days, weeks, months, and years.
The "negative resistance test" measures the oscillation allowance of a crystal oscillator circuit. Most manufacturers recommend that the oscillation allowance of the circuit be at least five times the maximum resistance value of the quartz crystal unit used in the circuit.<ref> "MSP430 32-kHz Crystal Oscillators". p. 5. </ref><ref> "Oscillator Theory of Operation". p. 109. </ref><ref> "Oscillation Circuit Design Overview". </ref><ref> "AVR4100: Selecting and testing 32kHz crystal oscillators for Atmel AVR microcontrollers". p. 12. </ref><ref> "Oscillator Circuit Design Considerations". p. 8 </ref>
massmind: clocks
Wikipedia: crystal oscillator
"App Note AN949: Making Your Oscillator Work" by Brett Duane
"App Note AN943: Practical PICmicro® Oscillator Analysis and Design" by Ruan Lourens
Crystal data
Retrieved from "http://www.opencircuits.com/index.php?title=Oscillator&oldid=78094"
About OpenCircuits
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Brian Murray Colonialism
15 June, 2007 • Issue 6.3 • Africa • History
Revisiting Darkest Africa
Brian Murray
Tim Jeal
Stanley: The Impossible Life of Africa’s Greatest Explorer
Faber, 2007
£25.00
The recent controversy surrounding Tintin’s allegedly racist adventures in the Congo – which led to the book being removed from the children’s section of many bookshops – indicates how far we have come from the era of high colonialism. The adventures of African explorers, stories of brave men in pith helmets civilising (and occasionally slaughtering) savages were, for the Victorians, the staple of children’s adventure stories and adult magazines alike. Throughout the twentieth century, the figure of the African explorer has suffered a dramatic decline in status. Once the pioneer of progress and the beacon of civilisation, he is now more often presented as a ruthless treasure hunter, the leader of the scramble for Africa, the instigator of Europe’s brutal colonial subjugation of the “dark continent”. From Conrad’s Kurtz to Herzog’s Aguirre we’ve come to accept explorers as morally suspect figures, representatives of the corrupted ideals of civilisation.
The reputation of Henry Morton Stanley has suffered more than most in our post-colonial revision of the age of exploration. A controversial figure even in his time, Florence Nightingale and William Morris were among the eminent Victorians who openly criticised his violent escapades. Modern historians and biographers have labelled Stanley a butcher and a publicity hound. In Stanley: The Impossible Life of Africa’s Greatest Explorer Tim Jeal’s aim is to salvage Stanley’s reputation from, what he labels, “the post-colonial guilt of successive generations”. In so doing he reveals the truly fascinating Victorian fairytale that was Stanley’s life.
Born John Rowlands in the village of Denbigh in North Wales, he was the illegitimate child of publican mother. Stanley was abandoned by his family at an early age and left in the care of a local workhouse. At the age of seventeen he was employed by a merchant vessel at Liverpool, which took him to New Orleans where he immediately jumped ship and set off in search of a new life and a new identity. While working as a shop boy he concocted a story that he would uphold for the rest of his life. Rowlands claimed that he had been befriended by Henry Stanley, a wealthy businessman, who had adopted and re-christened him with his own name. Stanley began to conceal his Welsh background – even when he had achieved world fame he would maintain he was born in Missouri. After New Orleans he moved west to Arkansas, where he worked at a remote general store. Stanley soon adjusted to the conventions of frontier life, purchasing a Smith and Wesson and practising his aim on tin cans until he became crack shot. When Civil War broke out, he enlisted with the Confederates and was captured by the Union Army at the Battle of Shiloh. He then went on to serve in the Union army and later the navy before deserting from both.
After the war Stanley found his calling as a journalist, covering the Indian wars in the American West and Britain’s 1868 campaign against Ethiopia before convincing the editor of the New York Herald to fund an expedition to Central Africa in search of the famous explorer and missionary David Livingstone. Stanley’s inexperience as an explorer made the success of this expedition all the more impressive. He found Livingstone at the Arab settlement of Ujiji on the shores of Lake Tanganyika, where, dressed in a new flannel suit for the occasion, he shared a bottle of champagne with the missionary. The famous meeting would stand as Stanley’s greatest scoop, his own book length account of the journey How I Found Livingstone (18720 would become a bestseller, and Stanley would be kept busy retelling the story at public lectures for years to come.
In Britain, however Stanley, was snubbed by the Royal Geographical Society – the organisation that had honoured all the great African explorers. Stanley had beaten the official British relief expedition to Ujiji, and the officers and scientists of the Royal society were slow to admit that a lowly American journalist had outstripped them. Stanley’s remarkable ability for self-promotion, however, meant that he did not need the endorsement of the Geographical establishment. His three subsequent journeys to Africa would clear up the last mysteries of Central African Geography (most importantly the “Source of the Nile” debate), and each of his expeditions were followed by a successful book and lecture tour. After his final African expedition to relieve to Emin Pasha, the besieged Egyptian of Equatoria in the Sudan, Stanley would spend a mere 50 days writing his two-volume epic In Darkest Africa, which was the most popular publication of 1890, selling 150,000 copies in that year alone. On his return to Britain, the establishment could no longer ignore the hype. Stanley was invited to address the Royal Geographical Society, and there was such a demand for seats that the lecture was moved to the Royal Albert Hall.
The greatest cloud hanging over Stanley’s reputation is his pioneering work in the founding of the Congo Free State, the old stomping ground of Tintin, for King Leopold of Belgium. The atrocities that would later come to light in Roger Casement’s famous report on the Congo rubber trade shocked the world and led to international condemnation of the colony Stanley had established. In his new book, Jeal argues convincingly that Stanley embarked upon the Congo project with altruistic intentions, convinced, like many of his contemporaries (including Livingstone), that “opening the continent to European influence” was “imperative on humanitarian grounds”. European trade and customs were meant to wipe out the Arab slave trade that still terrorised Africa in the late-nineteenth century, and the continent and its people would be exposed to the enlightening influences of European education and Christian faith. Like all of his projects, Stanley leapt into the Congo scheme with unmatchable zeal. His reputation for leading by example earned him the Swahili nickname “Bula Matari” – the Breaker of Rocks – as he ploughed a narrow path of European influence through the dense jungle of the Congo basin. If Stanley was guilty of anything during his time in the Congo it was political naivety. He was effectively duped by the King into believing that a profitable Belgian colony would benefit, rather than enslave, the native population. Stanley accrued little or no material gain from his time in the Congo and when he began to question the altruism of Leopold’s colonial endeavour he was abruptly dropped from his service and replaced by less idealistic Belgian officers.
The Congo controversy is just one example of many instances in which Jeal convincingly revises the accepted opinion of Stanley’s colonial endeavours. Jeal knows his subject well. He is a biographer of Livingstone and Baden-Powell and is the first researcher to have had access to a massive archive of Stanley’s papers in Brussels. His painstaking research has led to many revelations. The project to restore Stanley’s reputation begins with a touching portrayal of his early years of wandering and his repeated rejections by his mother. When a 21-year-old Stanley made a lengthy and expensive trip back to Wales, he was bluntly told by his mother never to call again until he was in “far better circumstances” than he presently appeared to be. Jeal, however, somewhat overstretches the significance of Stanley’s troubled childhood by attempting to explain all of Stanley ethical faults and misjudgements in light of his social insecurity and humble origins.
On the sensitive topic of Stanley’s violence, Jeal contends that the explorer was not excessive, but rather on a par with his contemporaries. He flogged his carriers for misconduct, occasionally stole from natives and shot Africans who threatened the progress of his expeditions but so had most other explorers, including Livingstone who, partly thanks to Stanley’s writings, had an impeccable reputation in Britain. Stanley’s real fault, according to Jeal, was bragging about it. Most travellers judiciously censored their accounts of violence. As General Gordon would put it: “These things may be done but not advertised”. Stanley, however, with a journalist’s instinct for sensationalism, frequently exaggerated both the frequency of his battles with natives and the body-count of his victims.
Jeal, however, plays down the fact that through the years Stanley’s expeditions became undeniably militaristic in nature. The Europeans who accompanied the explorer on his first two expeditions were navvies and fishermen. On the Emin Pasha Relief Expedition, Stanley enlisted the aide of five British officers to lead a well-equipped private army, which frequently resorted to the pillaging and burning of villages for supplies. The worst excesses of the expedition were committed by two of these officers, who had been left in command of a rear column as Stanley advanced through the Congolese rainforests. Major Barttelot and James Jameson, both from wealthy families, purchased sex slaves, beat African carriers to death and effectively drove their troops to a mutiny that would end in the murder of Barttelot. Though Stanley was appalled by their behaviour, he must also bear a large part of the responsibility for leading a group of men into an unmapped and hostile forest where their survival depended on murder and theft. Throughout his career he would never opt for the easiest route to a destination and he privately expressed contempt for explorers who stuck to established Arab trade routes and were transported across the continent by “Arab parcel post”.
Though Jeal is right to contextualise Stanley’s violence in this way, his constant and unfaltering defence of his subject’s frequently brutal and unethical actions become increasingly untenable as the narrative progresses. Stanley’s collaboration with Arab slave traders is justified by the claim that slave owners “treated their personal slaves better than British factory owners treated their ‘free’ workers”, the kind of specious argument that should have died out with abolition. Jeal even condones Stanley’s execution of two carriers for theft and desertion, an act of outrageous hypocrisy given Stanley’s own repeated desertions during the Civil War. It takes a particularly inhuman level of objectivity to accept Jeal’s astonishing conclusion that the loss of approximately one thousand lives during the Emin Pasha Expedition was an acceptable sacrifice in the name of Geography, a sacrifice that “looks modest when placed in a wider African context”. Since Stanley’s violent reputation is largely derived form his own accounts we must either accept Stanley’s version of events and call him a brute, or deny them and call him a liar. Jeal commits to neither. He rubbishes Stanley’s accounts when they expose his cruelty but accepts them as gospel when they portray his restraint. Though he complains throughout of the oversimplified demonisation of Stanley by post-colonial historians, it is his own revisionist polemical stance that detracts from what might otherwise have been an authoritative, if not definitive, biography of Africa’s greatest explorer.
Brian Murray is an MSt student in English Literature at University College, Oxford. He is working on the literature of exploration in nineteenth-century Britain.
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HomeArticlesA Palestinian Hunger Strike: ‘Bury Me in My Mother’s Grave’
A Palestinian Hunger Strike: ‘Bury Me in My Mother’s Grave’
May 16, 2019 Articles, Commentary
Freed Palestinian journalist Mohammad al-Qiq, stands next to his wife Fayha upon his release, on May 19, 2016. (Photo: via AJE)
By Ramzy Baroud & Fayha Shalash
One of the many ways in which Israel seeks to oppress and control the Palestinian population is by imprisoning those who lead the resistance to its occupation and settler colonialist project.
In Palestine, a Palestinian prisoner in an Israeli jail is referred to as “aseer”, or captive, because he or she is not a criminal. What lands Palestinians in Israeli prisons are acts of resistance – from writing a poem about the struggle against the occupation to carrying out an attack against Israeli soldiers in the occupied Palestinian land. For the Israeli occupation, however, every act of Palestinian resistance or defiance is either classified as a form of “terrorism” or “incitement” that cannot be tolerated.
Currently, there are 5,450 prisoners in Israeli jails, 205 of whom are minors and 48 women. According to some estimates, since the Israeli occupation of East Jerusalem, the West Bank and Gaza in June 1967, over 800,000 Palestinians have been imprisoned in Israeli jails.
Needless to say, just as Israel seeks to keep the general Palestinian population in constant distress and oppression, it does so with Palestinian prisoners as well.
In recent months, the already horrific conditions in these jails deteriorated even further after the Israeli government announced that it was adopting rigid measures in prisons as a “deterrence” technique – a move that was seen as election PR in Israel.
“Every so often, infuriating pictures appear of cooking in the terrorist wings. This party is coming to an end,” Israel’s Public Security Minister, Gilad Erdan said in early January. His plans included placing limits on prisoners’ use of water, banning food preparation in cells, and installing jamming devices to block the alleged use of smuggled mobile phones.
The last measure, in particular, caused outrage among prisoners, as such devices have been linked to severe headaches, fainting, and long-term ailments.
In late January, the Israel Prison Service (IPS) raided cells in Ofer Military Prison near Ramallah, in the occupied West Bank, which resulted in the injury of more than 140 Palestinian prisoners, some of whom were wounded by live ammunition.
In late March, Naqab, Ramon, Gilboa, Nafha and Eshel prisons were also raided, which led to many Palestinian prisoners being injured. Anger boiled over and on April 7, hundreds of Palestinian jailed in Israeli prisons launched a mass hunger strike which ended eight days later following a deal between the Palestinian prisoners and IPS.
Amid the pre-election noise in Israel, this news was widely ignored by international media, which focused instead on US President Donald Trump’s Golan Heights declaration and Israeli PM Benjamin Netanyahu’s promise to annex the West Bank.
And yet, for Palestinians, most of whom know the pain of having a relative in an Israeli prison, kept under conditions that violate the minimum requirements of international and humanitarian law, this was a major cause of concern and even anger. Palestinians know that behind the numbers and the Israeli propaganda labeling these men, women, and children as “terrorists”, there are tragic human stories of suffering and perseverance.
One such story is that of Palestinian journalist Mohammed al-Qiq and husband of the coauthor of this article, Fayha Shalash.
Al-Qiq worked as a correspondent with the Saudi news network Al-Majd, covering the West Bank. His TV reports regarding the Israeli army’s execution of alleged Palestinian attackers during what is known as Al-Quds Uprising received much attention throughout the Middle East and earned him much admiration among Palestinians.
Because of his work, he was deemed a “threat” by the Israeli state and was arrested in November 2015. This is his story.
‘Bury Me in My Mother’s Grave’
On Saturday, November 21, 2015, a month and a half after the start of the Al-Quds Uprising, Israeli soldiers raided our house. They blasted through the front door of our humble home and rushed inside. It was the most terrifying scene one could ever imagine. Our one-year-old daughter, Lour, woke up and started crying. As Mohammed was being blindfolded and handcuffed, Lour kept hugging him and touching his cheeks.
Thankfully, Islam, who was three-years-old at the time, was still asleep. I am grateful for that because I didn’t want him to see his father being taken away by soldiers in such a violent manner.
In the morning, I had to tell him his father had been taken away; as I tried to explain, his lips quivered and his face contorted in fear and a sadness that no child should ever experience.
This was the fourth time that Mohammed was arrested. His first arrest was in 2003 when he was held for a month; then in 2004, he was arrested again and held for 13 months and in 2008, he was sentenced by an Israeli court to 16 months in prison for his political activities and for his involvement in the Birzeit University Student Council.
Mohammed was then taken to the infamous Al-Jalameh Detention Center for interrogation. He was not allowed to see a lawyer until the 20th day of his detention. He was mentally and physically tortured and repeatedly asked to sign a false confession that he engaged in “media incitement”, which he refused to do.
We learned that his detention was extended several times but had no other news from him whatsoever. Our requests for a family visit had been denied and the only thing we could do was wait and pray.
In early December, I came across an online media report that my husband had gone on a hunger strike. I immediately phoned the Prisoners Club, an NGO that was established in 1993 to support Palestinian political prisoners in Israeli prisons, and by mere chance managed to reach a lawyer called Saleh Ayoub who had seen Mohammed in court. He told me that my husband was tried in a closed court session, meaning that neither his family nor his legal counsel had been informed of the trial.
As Mohammed was taken back to his cell, he ran to Ayoub and managed to shout these words: “I am prisoner Mohammed al-Qiq. Tell my family and the media that I am on an open hunger strike. I am currently held at Al-Jalemeh.”
When I heard this, I got very scared. We had never experienced this as a family. I didn’t fully fathom the effect of such a decision, but I decided to support my husband in it.
For months, I pursued every human rights group that could help me obtain any information about Mohammed’s mental and physical health. The Israelis had no evidence against him but continued to keep him, despite his deteriorating health. When he began throwing up blood and could no longer stand on his own, he was transferred to the Ramleh Prison Hospital.
No one was allowed to visit him in the prison hospital then, neither us nor the Red Cross. This is not unique to Mohammed’s case, as Israel ensures the complete isolation of any prisoner who stages a hunger strike.
Mohammed became even more determined to carry on with his hunger strike when the Israeli court sentenced him to six months of “administrative detention“, which meant that they could not support their accusations against my husband with any tangible evidence but still refused to free him. The administrative detention order was renewable for up to three years.
For me, it was a race against time. I had to make the world hear me, hear the story of my husband, so that enough pressure would be applied on Israel to release him. I feared that it might be too late, that Mohammed could die before that message resonated throughout Palestine and the world.
As his health continued to worsen, he was taken to the Afouleh Hospital where they tried to force-feed him. He refused. When they tried to feed him through an IV, he tore the needle out of his arm and threw it on the ground. I know my husband. For him, life without freedom is just not worth living.
A month into his hunger strike, Mohammed began throwing up yellow bile and blood. The pain in his gut and joints and the chronic headaches were unbearable. Despite all of this, they still tied him to his hospital bed. His right arm and both feet were secured to the various corners of the bed with heavy shackles. He was left like this the entire time.
I felt that Mohammed was going to die. I tried to explain to my son that his father refused food, to fight for his freedom. Islam kept saying, “When I grow up, I will hit the occupation.” Lour missed her dad but didn’t understand anything. As I fought for their dad’s freedom, I had no other option but to be away from them for long periods of time. Our family was broken up.
On February 4, 2016, Mohammed entered his 77th day of the hunger strike. Under popular and international pressure, but mainly because of Mohammed’s unbendable will, the Israeli occupation was forced to halt the “administrative detention” order. But for Mohammed that was just not enough.
With this move, The Israeli occupation wanted to send a message that the crisis has been averted in an attempt to mislead the media and the Palestinian people. But Mohammed would not have any of it. He wanted to be set free, so he carried on with his strike for weeks afterward.
At that time, I was allowed to visit him but chose not to, as not to give the impression that everything was OK now, inadvertently playing into the hands of Israeli propaganda.
It was the most difficult decision I have ever had to make, staying away from the man I love, the father of my children. But I knew that if he saw me or the kids, he could become too emotional, or worse, he could physically break down even more. I remained committed to supporting him in his decision till the end.
At one point I thought to myself, Mohammed will never come back and he will die in prison.
He was so close to our children. He loved them with all of his heart and tried to spend as much time with them as he could. He would play with them, he would carry both, walking around the house or the neighborhood. So as his death became a possibility, I wondered what I would say to them, how I would answer their questions as they grew up without a father, and how I would carry on without him.
As he reached the 80th day of his hunger strike, his body began to spasm. I learned later that these involuntary spasms were extremely painful. Every time they took place, he recited the Shahada – “There is no God but Allah and Mohammed is His Prophet” – in anticipation of his death.
Being aware of what seemed to be his inevitable death, Mohammed wrote a will of which I was unaware. The whole world collapsed before my eyes, as I heard the lines of his will being read on TV:
“I would like to see my wife and children, Islam and Lour before I die. I just want to be sure that they are OK. I also would like the final prayer on my body to be conducted inside the Durra Mosque. Please bury me in my mother’s grave, so that she can hold me the way she did when I was still a child. If that is not feasible, please bury me as close to her as possible.”
Throughout his hunger strike, the children’s photos remained by Mohammed’s hospital bed. “Do my kids remember me?” he used to ask whoever visited him.
In the end, his determination proved stronger than the injustice of his tormentors. On February 26, 2016, it was announced that an agreement had been reached between the Palestinian Prisoners Committee representing Mohammed and the Israeli prison administration. My husband was to be released on May 21 of the same year.
Mohammed received his freedom after 94 days on hunger strike. He proved to the world that he was not a terrorist as the Israelis claimed, and he was being punished for simply conveying the suffering of his people to the world. Because of his unrelenting resistance, Israeli military authorities were forced to withdraw all accusations against him.
Mohammed’s imprisonment remains a painful memory, but also a great victory for Palestinians everywhere. Mohammed entered prison weighing 99 kilograms; by the time he ended his hunger strike, he was only 45kgs. His body was reduced to skin and bones. His athletic build had collapsed upon itself, but his spirit continued to soar as if the weaker he felt physically, the stronger his will had become.
When I came to visit him with our children one week after the end of his strike, I couldn’t recognize him. I thought I had entered the wrong room, but when I drew closer, I saw his kind, loving eyes, so I held him and I cried.
Mohammed was released on the agreed upon date, but he was rearrested eight months later. He immediately began another hunger strike that lasted 33 days.
Today, Mohammed is free, but he still speaks about prison and our family still has not gotten over the trauma we have suffered. Islam is worried that his father could be arrested again at night. I tell him not to worry, but I am terrified of that possibility myself. I long for a day where I no longer worry that I may lose my husband.
I also revisit that harrowing experience every time a Palestinian prisoner stages another hunger strike. I know that it is not an easy decision to put your life on the line, to risk everything for what you believe in. The hunger strikes don’t just take a heavy toll on the bodies and minds of the prisoners. Their families and communities also shoulder much of that heavy burden.
I feel for them all, and I pray to God that all of our prisoners are set free someday soon.
– Ramzy Baroud is a journalist, author and editor of Palestine Chronicle. His last book is ‘The Last Earth: A Palestinian Story’ (Pluto Press, London). Baroud has a Ph.D. in Palestine Studies from the University of Exeter and was a Non-Resident Scholar at Orfalea Center for Global and International Studies, University of California Santa Barbara. His website is www.ramzybaroud.net.Politics for the Peoplehttps://www.ramzybaroud.net
– Fayha Shalash is a Palestinian journalist based in the town of Birzeit in the West Bank.
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List of constructed languages
This list of notable constructed languages is in alphabetical order, and divided into auxiliary, engineered, and artistic (including fictional) languages, and their respective subgenres. Auxiliary languages[edit] International auxiliary languages are languages constructed to provide communication among all human beings, or a significant portion, without necessarily replacing native languages. Controlled languages[edit] Controlled languages are natural languages that have in some way been altered to make them simpler, easier to use, or more acceptable in certain circumstances, such as when a person does not speak the original language well. The following six projects are example of controlled English: Visual languages[edit] Visual languages use symbols or movements in place of the spoken word. Engineered languages[edit] Human-usable[edit] Knowledge representation[edit] Artistic/fictional languages[edit] Languages used in fiction[edit] J. (see also Languages constructed by J. Other literature[edit]
http://en.wikipedia.org/wiki/List_of_constructed_languages
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Martin Luther King I Have a Dream Speech - American Rhetoric Martin Luther King, Jr. I Have a Dream delivered 28 August 1963, at the Lincoln Memorial, Washington D.C. SIL Linguistics Linguistics illuminates patterns and variety in the structure and use of language, providing a foundation for language development work of all kinds. Understanding Language Linguistics - the study of language in all its aspects - has been a central activity of SIL since its beginning. Besides the intrinsic value of understanding the intricate complexity of human language in general, whether spoken or signed, the study of a particular individual language serves also as a tool used in language development projects of different kinds such as: SIL workers living in a language community for any extended period of time generally learn that language, aided by the tools of linguistics. Language is intimately tied to society and culture, and the study of linguistics with respect to these constitutes another important aspect of understanding language.
Globish (Nerriere) Globish is a trademarked name for a subset of the English language formalized by Jean-Paul Nerriere.[1] It uses a subset of standard English grammar, and a list of 1500 English words. Nerriere claims it is "not a language" in and of itself,[2] but rather it is the common ground that non-native English speakers adopt in the context of international business. The author of Globish presents it as a natural language as opposed to an artificial or constructed language, claiming that it is a codification of a reduced set of English patterns as used by non-native speakers of the language. Intending to demonstrate that "Good Globish is correct English", the authors of the 2009 book Globish The World Over claimed to have written it in Globish.
Media Standards Trust » Churnalism.com Churnalism.com is an independent, non-profit website built and run by the Media Standards Trust to help the public distinguish between original journalism and ‘churnalism’.‘Churnalism’ is a news article that is published as journalism, but is essentially a press release without much added. In his landmark book, Flat Earth News, Nick Davies wrote how ‘churnalism’ is produced by: E-Prime Some scholars advocate using E-Prime as a device to clarify thinking and strengthen writing.[1] For example, the sentence "the film was good" could not be expressed under the rules of E-Prime, and the speaker might instead say "I liked the film" or "the film made me laugh". The E-Prime versions communicate the speaker's experience rather than judgment, making it harder for the writer or reader to confuse opinion with fact. History[edit] D.
The School of Life London Life’s too short for bad books – but with a new book published every 30 seconds, it can be hard to know where to start. That’s why The School of Life set up a bibliotherapy service: to guide you to those amazing but often elusive works of literature, both past and present, that have the power to enchant, enrich and inspire. In a consultation with one of our bibliotherapists, you'll explore your relationship with books so far and be asked to explore new literary directions.
Evolutionary linguistics Evolutionary linguistics is a cover term for the scientific study of both the origins and development of language as well as the cultural evolution of languages.[1] The main challenge in this research is the lack of empirical data: spoken language leaves practically no traces. This led to an abandonment of the field for more than a century. Since the late 1980s, the field has been revived in the wake of progress made in the related fields of psycholinguistics, neurolinguistics, evolutionary anthropology, evolutionary psychology, and cognitive science. History[edit] The Stammbaumtheorie proved very productive for comparative linguistics, but did not solve the major problem of studying the origin of language: the lack of fossil records.
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DEA bans extremely potent synthetic opioid Pink
on Jan 20, 2017by Rachaelin addiction, heroin, prescription drug abuse
New and illicit drugs keep flooding the market in the United States and they keep finding their way to people who are sometimes oblivious to their effects. Law enforcement agencies try their best to keep such drugs off the streets, but drug traffickers often devise new ways to bend the rules.
At times, existing and already available drugs are relabeled, repackaged and mixed with other potent substances and are made available in the market that are not recognized by gullible buyers. There are many such synthetic drugs that toxicologists and law enforcement agencies try to keep a tab of and take necessary steps to save people’s lives. One such synthetic opioid, called Pink, was temporarily banned by the Drug Enforcement Administration (DEA) in November 2016 after it took lives of 46 people. Very little is known about this drug and how it found its way to unsuspecting victims.
Pink was developed in mid-1970s
The classified name of pink is U-47700 and it was derived from morphine. It was created by a chemist named Jacob Szmuszkovicz who worked in Upjohn Company, a chemical company in Michigan. The first letter of the drug U was taken from Upjohn. The drug is about eight times stronger than its distant cousin morphine and an extremely potent compound, similar to other synthetic opioids and fentanyl. The Food and Drug Administration (FDA) never approved its human use.
Law enforcement agencies in Ohio had seized 500 blue pills that were initially thought to be short-acting oxycodone pills, but after a laboratory analysis of the substance, it was confirmed that they were U-47700. The drug is a chalky white powder that is also available in liquid form in dropper bottles and as nasal inhalers. Also known as “pink,” “pinky” or “pinkie,” the names are not in any way a reference to its color. The name originates from the act of sticking out the pinky finger and taking the drug through the nostrils, a process narcotic users are quite familiar with.
DEA categorized Pink as Schedule I substance
According to reports received by the DEA between October 2015 and September 2016, of the 46 known fatalities due to the use of Pink, 31 deaths occurred in New York, while 10 were in North Carolina. The DEA had classified Pink as a Schedule I substance, a dangerously addictive drug like heroin and LSD that does not have any medicinal value. This scheduling will last for the next two years with the possibility of extension, depending on the necessary data required to determine if it could be permanently scheduled.
Little is known about how U-47700 works on the brain apart from the fact that it is an opioid and can cause respiratory depression. The drug can cause a sense of exhilaration along with numbness and sedateness. Naloxone has been successful in mitigating and blocking the effects of the drug. After looking at the history of the drug use in the fatal overdose cases, the DEA said that the people likely to abuse U-47700 are those who abuse prescription opioid analgesics.
If you or a loved one is showing signs of prescription abuse, it is imperative to seek professional help. Contact the Prescription Drug Abuse Helpline to connect to the best prescription drug abuse treatment clinic in USA. Call at our 24/7 helpline number 866-450-1557 or chat online with our medical advisors to locate the best prescription drug abuse treatment centers in USA.
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THOUGHTS ON DC REBOOT PART 2 (of 3): Lawyers, Comics, and Heirs...Oh My!
This may be the most over-analyzed move by a comic book company...
EVER!
So, I may as well contribute my thoughts as well.
PART 1 of this blog series contained a legal research article I wrote back in 2000 when the Siegel Estate's lawsuit against DC Comics to recover partial ownership of the Superman copyright was just beginning. Ultimately, the issue at hand at that time was whether the Siegel Estate had successfully terminated Jerry Siegel's earlier "transfer of copyright" to DC Comics and my conclusion, based on the facts available and the law at that time was, yes, they had successfully done so.
PART 2 discusses some key developments up through the 2009 Summary Judgment in the Siegel Estate's favor and my thoughts on how that decision has driven nearly every corporate and creative decision as it relates to the Superman copyright and trademark (and the DC Universe of characters by extension).
PART 3 will move on from the legal and corporate shenanigans and focus on a fan's perspective and thoughts concerning the announced reboot of the entire DC Universe line of comics and flooding the market with 52 first issues of new ongoing series.
Before jumping into reading PART 2, you might want to try tackling these 3 articles linked below by other writers first, just to familiarize yourself with some of the particulars surrounding the legal issues involved. I promise, they are written better than I could attempt to do here and will give you a deeper understanding of the issues at hand.
Superman co-creator's family given rights (Aug. 13, 2009)
Can Superman be split in two? (May 27, 2011)
THE LEGAL VIEW: The DCU Relaunch and the Superman Copyright (Jun. 9, 2011)
I am going to leave it to someone with a lot more time and energy to do the legwork on tracking the dates and specifics on the legal case, but I will give credit to Newsarama.com for their decent coverage of each step of these proceedings over the last 10 or so years.
What I do remember is that the Siegels exercised their right to terminate the transfer of copyright in 1998 and it was granted in 1999. The details in dispute were over what aspects of the Superman copyright reverted. In all the proceedings I've read through, one thing has been clear, that the judge reaffirms and reaffirms that the Siegels are not gaining complete control over the property, they are regaining a 50% interest in the property as it existed in ACTION COMICS #1 and to those items directly derivative from that source. However, the judge has insisted that it is not a slice-and-dice type of co-ownership here, it is an equal ownership of the whole property. The real sticky point is that come 2013, the estate of Joe Shuster will be able to lay claim to the Superman property for the other 50%. In effect, it could mean that as of 2013, DC Comics will have lost all rights to domestically produce new creative works based on the original Superman copyright. They will still be able to reprint and profit from all derivative works published up through 1999 but anything after 1999 through 2013 would be subject to profit sharing with the Siegels. DC would still retain international copyright of Superman, so they could conceivably continue to publish works outside of the U.S. Warner Bros., because they met the 2011 deadline to fulfill the license extension requirements (beginning production on director, Zach Snyders' SUPERMAN: THE MAN OF STEEL) for their "sweetheart deal" film license from DC Comics means that so long as they continue to create film and tv projects containing the version of Superman that DC Comics held copyright to prior to 1999, they can continue to use the character in those other media formats.
And, technically, that means that DC Comics could skirt around the loss of the Superman copyright by creating comics based entirely on the film versions. DC Comics will continue to fully and completely own the trademarks surrounding the Superman property and that's where the big money lies anyway. Comics are really just a drop in the bucket of the massive cashcow that Superman as a franchise property is for WB/DC. This will also make it extremely difficult for the Siegels and/or the Shusters to ever really pursue any efforts to profit on their own by publishing comics or pursuing other media options with the property without involving DC Comics cooperation in terms of their trademark ownership and aggressive defense of that trademark (a requirement, by the way, to maintaining a trademark is defending that trademark, and once you've lost it you can't regain it -- unlike a copyright in some instances).
Now, how does all this relate to the "Reboot." It is ALL related. Marvel and DC have a history of reacting in print and continuity because of behind-the-scenes lawsuits or developments in copyright law. In fact, back in the mid-1980s, Marvel was driven to fear a loss of ownership of the original copyrights to their major properties from the 60s and launched a multi-year gambit to basically replace or remake their characters. There was even an ad campaign with the tag "Everything old is new again!" That featured a drawing of Spider-Man (in his black outfit that looked nothing like his original), Thor (in armor and a beard that looked nothing like his original), Capt. America (dressed in a horrid black costume with angled red and white stripes), Iron Man (wearing a red and SILVER armor that bore little resemblance in shape and form to the classic red and gold style), and Hulk (boasting his gray look rather than the more familiar green). Once the "crisis" of copyright loss/reversion passed, Marvel promptly moved to get Spider-Man back into his classic costume, Thor back in more familiar armor, Cap back in the red, white, and blue, and Iron Man back into a more classic (but updated) red and gold armor. The only change that stuck was the Hulk gone gray because by that time, this reinvention of the character as the "gray" Hulk had connected with readers and boosted sales well beyond what the "green" Hulk had ever experienced. So, Marvel stuck with it. But, as with all these corporate publishing monsters, they made sure and kept that "new" Spider-Man costume around to preserve copyright and trademark (Venom!) and U.S. Agent became the character who switched costumes with Cap to keep that horrid black costume viable.
DC, likewise, has demonstrated timely moves within the comics line that reflect the corporate directives from above at WB. As pointed out in the ComicsBeat's LEGAL VIEW article linked above, when it looked like the Siegels were winning against DC's legal challenges, then the comics did things like kill off the "original" Superman and Lois Lane and the Conner Kent modern Superboy in INFINITE CRISIS. And when the Siegels won a ruling on the Superboy character (a separate suit but rolled into the larger case in 2005), then you see DC turn the Superboy-Prime character (who most resembles the original Superboy copyrighted version) into a mass-murdering villain. Then they stopped using the name Superboy, indicating that they really didn't understand the ruling or the fact that the copyright is not over the "name" of Superboy. You can't copyright a name. You might be able to trademark it. Might. But for a little while Superboy became Superman-Prime, which made no sense within the comics. Likewise, around that time, the Legion of Super-Heroes animated series went into production with the Superboy character along with the other characters. But, instead of referring to him as Superboy they called him "Young Superman". Jim Shooter also relates on his blog how 2 or 3 years ago when he was working on the LEGION OF SUPER-HEROES comic book, he was directly instructed to create a "new" character, a "Super-Lad" that could be a fill-in for the Superboy character because it looked like they had lost that battle.
However, there was some sort of decision made at that point that quashed the steps being taken to develop "Super-Lad" and all of a sudden, the Conner Kent version of Superboy was resurrected and further steps taken in retellings of Superman's origin to show him functioning to some extent as a "Superboy" along with the classic costume. I suspect that the judge's declaratory judgment that the Siegel suit did not extend to the larger Warner Bros corporate and was limited only to DC Comics (which meant that the Siegels, for example, are not entitled to profits from the TV show SMALLVILLE) began to embolden them to begin to establish new and original elements to the characters that would distinguish them from the original copyright elements and be less directly dirivative -- such as the current Superboy being a human/Kryptonian hybrid clone in the modern day rather than the adventures of Superman when he was a boy. It is a very different concept; it just shares the same name -- which is not copyrightable.
Now, add into this mix, that Dan Didio has made it known for a number of years that his career wish in leadership at DC Comics was to just reboot the entire thing and flush out all the clogged up continuity that weighs down every story and character to the point of impenetrability by new readers. Former SUPERMAN writer, J. Michael Straczynski confirmed this information recently online on his Facebook page where he acknowledged Didio's express plan to reboot the line and how this led to Straczynski taking the bold step to walk away from his year-long stint on SUPERMAN and WONDER WOMAN.
So, couldn't the reboot of the DC line of comic books simply be a creative decision? Sure, it COULD be. But it obviously isn't. And I don't mean that as a denigration of the creative writers, artists, and editors working on the books that are trying their damn best to do good work. However, it is clear when you look at the timeline and developments in terms of the case between the Siegels and DC (as well as the Shusters coming up), the precipitating event driving this "reboot" is the need to take proactive steps to shore up a clear dividing line between a "modern" version of a Superman character that is unique to DC alone (and expressly wholly corporate-owned) and the "classic" version of the Superman character that saw a partial copyright reversion to the Siegels in 1999 and is facing a complete reversion in 2013 if the Shusters follow through as expected.
The Neil Gaiman case cited above in the ComicsBeat article, but also the Marv Wolfman case against Marvel over the copyright ownership of the Nova character, reinforce the fact that in terms of modern Copyright Law it is quite possible to have 2 discrete characters called "Superman" that are obviously derivative of each other without one being an infringement of the other. As well, I think the steps taken last year by WB to absorb DC Comics and restructure it as a more prominent and integrated part of the WB corporate machine might also be a strategic step to pursue throwing the Siegel case out on the basis of the earlier declaratory judgment that the Siegel's could not sustain a claim against WB corporate. I don't think a court would buy it, but I also wouldn't put it past a corporate attorney to give it a shot.
So, faced with the need to completely redo SUPERMAN, and this was a corporate conversation that probably started 2 years ago and went into fast-mode last year as soon as the restructuring plan went into effect, I think Didio saw it as a perfect opportunity to implement his goal. The re-imagining of SUPERMAN along with DC's continued loss in the marketplace overall to arch-rival Marvel Comics (a recent corporate acquisition of WB arch-rival Disney) gave him the excuse and the leverage he needed to push a line-wide reboot through. It's a risky investment to do what every other Editor-In-Chief, Publisher, and President of DC Comics has chickened out on doing since all the way back to the original CRISIS ON INFINITE EARTHS in 1985 -- itself a project originally intended as a line-wide reboot from scratch. I will discuss in PART 3 my wild speculations from a creative and fan-observer perspective on what I think may be the approach to the Superman character when this all-new Superman launches in September 2011. This gives DC a solid 2 years to establish this new version of Superman as the primary version in terms of the comics and then, if by some miracle, WB/DC is able to settle with the Siegels and Shusters and retake the domestic copyright on the "classic" Superman, then I think the speed will be super-human at which DC scrambles creatively to reintroduce the "classic" Superman and reestablish their ownership.
The bottom line is that for the last 10+ years, the decisions at DC indicate that rather than cooks in the kitchen, they have lawyers. That's why things just don't seem to smell right or taste right going down.
Part 3 should be a lot more fun to write as I go through the 52 titles announced for September and ramble on about them (but without legalese or any of that cynical corporate-driven nonsense). Needless to say, I think Corporate-driven "creativity" just leaves husks of dessicated artist (or writer) corpses in their wake like the old "Salt-Vampire" did on STAR TREK.
Posted by Keith Howell at 2:22 AM
Labels: Copyright, dan didio, dc comics, dc reboot, prof. challenger, superboy, superman, warner brothers, wb
Thank you for your feedback! I always appreciate it.
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Jeremy Madeiros Receives Prestigious Blue Turtle Award
September 4, 2014 LookBermuda
The Ministry of Health, Seniors and Environment is pleased to announce that Mr. Jeremy Madeiros, Senior Terrestrial Conservation Officer with the Department of Conservation Services, has been awarded the prestigious Blue Turtle Award (2013) for the Cahow Translocation Project.
Launched in 2009 The Blue Turtle Award is an annual award given by the UK’s Joint Nature Conservation Committee (JNCC) for nature conservation work undertaken by an individual or group of individuals, from an Overseas Territory or Crown Dependency, who have made a valuable contribution to nature conservation in their Territory or Dependency. The work or project must be long term, demonstrate innovation and have made a “real difference”.
Mr. Madeiros was nominated for his work by the Bermuda Audubon Society and the JNCC review committee noted his dedication to nature conservation in Bermuda over the last 23 years and, in particular, his work over the last 14 years to conserve one of the world’s most endangered seabirds.
Mr. Madeiros began the visionary Cahow Translocation Project in 2004 after recognising that the greatest threat to this nocturnal ground-nesting bird was erosion and storm damage at their nesting sites. From 2004-2008, he translocated 102 near–fledged chicks from their original nests to artificial burrows on Nonsuch Island Nature Reserve, located off the south-east coast of Bermuda.
The Minister of Health, Seniors and Environment, the Hon. Jeanne Atherden, JP MP, said, “On behalf of everyone in the Ministry, I’d like to extend my congratulations to Mr. Madeiros. It’s wonderful that his hard work and dedication to ensuring the recovery of Bermuda’s Cahow has been recognized by this prestigious international award. We all wish Mr. Madeiros well and much continued success.”
Mr. Drew Pettit, Director of the Department of Conservation Services said: “This award is the first for Bermuda and reflects an incredible determination to save a species from extinction. Over the last 14 years, Jeremy has volunteered hundreds of nights, working in difficult conditions, to hand-feed the chicks, until they were ready to fledge. Along the way Jeremy has developed new and innovative techniques that will undoubtedly be used by other scientists trying to save species in similar circumstances.”
This program has enabled the breeding population to begin a slow but accelerating increase from 18 pairs producing eight chicks annually to a new record number last year of 105 breeding pairs producing 53 successfully fledged chicks.
In 2013, following on from the success of this project, Mr. Madeiros began a second four-year translocation project to establish another colony on Nonsuch Island. The Cahow is a slow breeder, with the females only laying one egg per season, and spends most of its adult life out on the open seas feeding on small fish, shrimps and squid. At three to five years old birds return to their former nesting place and begin breeding, mating for life.
On hearing that he was the recipient of this prestigious award Jeremy said: "I am very surprised and honoured to have received this award, which I would like to accept on behalf of all of my fellow researchers, workers and volunteers, who have provided assistance and support for this challenging and demanding project. Special thanks to Nicholas Carlile and David Priddell of the New South Wales Department of the Environment and Climate Change, for special inspiration, training and instruction, without which the translocation program could not have taken place. It is a privilege to work with such a fascinating species and symbol of Bermuda, thought to be extinct for so long, but which has proven to be such a tough survivor, providing hope for other endangered species around the world."
JNCC’s Overseas Territories and Crown Dependencies Programme Manager Tony Weighell, one of the Award’s judges, said: "Jeremy has shown outstanding personal commitment to the conservation of the Bermuda Petrel. The award recognises not only his commitment but the undoubted support of friends and family which made it possible for him to spend many nights working under difficult conditions hand feeding chicks.”
BerNews Article
← Bermuda Diamondback Terrapin Hatchling.Royal Gazette | LookBermuda to display large scale wildlife photos at airport →
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Results tagged “idyllwild” from Raincross Square
Bookshelf: 'More Than a Place to Pitch a Tent'
By RXSQ on November 18, 2011 2:07 PM | Permalink
Hurkey Creek, Crestmore Manor, Lake Skinner, Idyllwild Park, Box Springs Mountain and Santa Rosa Plateau Ecological Preserve -- six of the 20 varied parks, museums, recreational and nature centers of Riverside County covered in a new book by local historian Steve Lech.
More Than a Place to Pitch a Tent
(Steve Lech)
The 150-page, hardcover book -- "More Than a Place to Pitch a Tent" -- tells the stories behind Riverside County's major regional parks, with background information on how they came to be and how they were named. Numerous color and B&W photos from the past and present help illustrate the histories. Steve also delves into the insights and backgrounds for the six directors of the county's Parks Department following its creation in 1960 (it was previously administered as part of the county's Road Department).
In the book are several Riverside-area parks, including Box Springs Mountain Preserve, Hidden Valley Wildlife & Nature Center and Martha McLean - Anza Narrows Park. Steve points out that all three had been threatened by development pressures before becoming incorporated into the county's parks system.
Of particular interest to us is the background of Hidden Valley. The park, which straddles the Santa Ana River in northwestern Riverside near Norco, had been an upscale gun/hunt club from about 1957 until the early 1970s. Members included Clark Gable, Ernie Kovacs, Roy Rogers, Lawrence Welk, Les Richter and Jimmy Doolittle. Today, the old clubhouse serves as the park's nature center.
We also found intriguing the stories behind Lake Skinner near Temecula, Bogart Park in Beaumont, Lawler Lodge near Idyllwild and Crestmore Manor in Jurupa Valley. Crestmore, with its stately home,* was built for Los Angeles restauranteur and thoroughbred horse breeder Tiny Naylor (yes, of Googie coffee shop** fame). Unknown to us prior to reading the book was that noted Riverside architect Herman O. Ruhnau (Riverside City Hall) was the designer of Crestmore.
Steve is the president of the Riverside Historical Society and author of several local history books, including "Riverside: 1870-1940" and "Riverside in Vintage Postcards," both from Arcadia Publishing. Most impressive is "Along the Old Roads," Steve's in-depth book on early Riverside County history and the factors behind its formation. The book is a must-have reference for local historians.
Most of Steve's books can be found at local museums and some bookstores. You can also visit his history blog for contact info on purchasing the books.
RaincrossSquare.com - Bookshelf: Riverside's Invisible Past (Dec. 2010) | A look at local history books (Dec. 2009)
Riverside County History and More
Riverside Historical Society
* Courtesy of Riverside County Regional Park and Open Space District
** Courtesy of Yesteryear Remembered
Sources: "More Than a Place to Pitch a Tent" (Steve Lech)
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Sothern by Rohn Strong
patterns > Holla Knits > Holla Knits and 1 more...
> Sothern
© Holla Knits
© Bestway Knitting
Sothern
by Rohn Strong
Holla Knits Fall/Winter 2013
Holla Knits
no longer available from 1 source show hide
Sweater → Pullover
Yarn Love Anne Shirley
21.5 stitches and 22.5 rows = 4 inches
in St st.
S (M, L, XL, 2XL, 3XL) 36 (39, 42, 45, 48, 51)”. To Fit: 32-34 (34-36, 38- 40, 40-42, 42-44, 46-48)” bust. Sweater shown cropped and in size 36” in Knit Picks Wool of the Andes, and full length in size 39” in Yarn Love Anne Shirley.
keyhole-neck
positive-ease
This pattern is available from hollaknits.com for $6.00.
It was said, “A slip over sweater shows off all a girls good points – but all the boys want to pull the wool over a girls eyes!” Well, times may have changed but in the end the slip over sweater is still my favorite sweater for women.
Sothern is a study in vintage Fair Isle fashion, made modern. The sweater body is constructed from the bottom up in the round, with the sleeves worked flat. The sleeves and hem are done with a fairly deep 1×1 rib. This piece is worked with no shaping for a generous fit with 2-4” of ease. The high neck line and small peep back is added for ease of fit and comfort.
The color combination of each pattern can be adjusted to fit your preferences. Go loud and proud in neon or subdued and relaxed in pastels.
Finished Size S (M, L, XL, 2XL, 3XL) 36 (39, 42, 45, 48, 51)”. To Fit: 32-34 (34-36, 38- 40, 40-42, 42-44, 46-48)” bust. Sweater shown cropped and in size 36” in Knit Picks Wool of the Andes, and full length in size 39” in Yarn Love Anne Shirley.
Yarn: Knit Picks Wool of the Andes, 100% Peruvian Wool; 110yds/50g.
For Cropped Sweater: Chocolate (A): 4 (4, 4, 5, 5, 5), Clarity (B): 2 (2, 2, 2, 2, 3) skeins, Pumpkin (C): 2 (2, 2, 2, 2, 3) skeins, Red (D): 2 (2, 2, 2, 2, 3) skeins, Semolina (E): 2 (2, 2, 2, 2, 3) skeins, Avocado (F): 2 (2, 2, 2, 2, 3) skeins.
For Full Sweater: Chocolate (A): 4 (4, 6, 6, 7, 9) skeins, Clarity (B): 3 (4, 5, 5, 6, 7) skeins, Pumpkin (C): 3 (3, 3, 4, 5, 5) skeins, Red (D): 3 (3, 4, 5, 6,
7) skeins, Semolina (E): 4 (4, 5, 5, 7, 7) skeins, Avocado (F): 2 (3, 3, 4, 5, 5) skeins.
Yarn: Yarn Love Anne Shirley, 100% Merino Wool; 250 yds/4oz.
For Cropped Sweater: Storm (A): 2 (2, 2, 3, 3, 3) skeins, Crystalline (B): 1 (1, 1, 1, 1, 2) skeins, Granny Smith (C): 1 (1, 1, 1, 1, 2) skeins, Haute Couture (D): 1 (1, 1, 1, 1, 2) skeins, Ochre (E): 1 (1, 1, 1, 1, 2) skeins, On Walden Pond (F): 1 (1, 1, 1, 1, 2) skeins.
For Full Sweater: Storm (A): 2 (2, 3, 3, 3, 4) skeins, Crystalline (B): 1 (2, 2, 2, 3, 3) skeins, Granny Smith (C): 1 (1, 1, 2, 2, 2) skeins, Haute Couture (D): 1 (1, 2, 2, 2, 3) skeins, Ochre (E): 2 (2, 2, 2, 3, 3) skeins, On Walden Pond (F): 1 (1, 1, 2, 2, 2) skeins.
Needles: Size 8 (5.0 mm): 24” circular (cir). Adjust needle sizes if necessary to obtain the correct gauge.
Notions: Markers (m); tapestry needle, 3⁄4” button.
Gauge 21.5 sts and 22.5 rows = 4” (10 cm) in St st.
Notes When working fair isle be sure to carry the yarn loosely. Also a good tip to keep in mind when selecting yarn, choose an animal fiber of some kind. You want to be able to block out the bumps and ripples that will undoubtedly occur if you are new to fair isle.
For more information, see: http://www.hollaknits.com/blog/store/products/sother...
Anne Shirley
by Yarn Love
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Last updated: March 7, 2014 …
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First Look 2019: Young Solitude and Récréations
By Nick Pinkerton | January 18, 2019
Hang on to Your Emotions
Nick Pinkerton on Claire Simon’s Young Solitude and Récréations
Young Solitude and Récréations play Sunday, January 20 as part of Museum of the Moving Image’s First Look 2019.
A towering figure in the world of French documentary cinema, Claire Simon has been working steadily in the cinema since a mid-1970s internship with Algerian filmmaker Mohammed Lakhdar-Hamina, and has been directing both narrative and nonfiction films—or films that combine elements of both—for over 30 years now. Simon met Lakhdar-Hamina while still a student of Arabic and anthropology, and would in time be drawn into the orbit of the Ateliers Varan, an organization for training documentarians based in Paris but international in scope founded in 1981 with the backing of another anthropologist-cum-filmmaker, Jean Rouch.
If not quite achieving the notoriety of Rouch, Simon has established herself as one of France’s leading practitioners of the documentary form. In the United States she remains something of an unknown quantity, notwithstanding the longtime advocacy of her friend Ross McElwee, but that state of affairs seems slowly to be changing. In 2017 Simon traveled stateside to receive the True Vision award from True/False, the festival in Columbia, Missouri, that specializes in so-called hybrid documentary work. In February, New York’s Metrograph theater will give an American theatrical run to her film Le concours (The Competition, 2016), which records and distills the process of applying and interviewing for one of the coveted 40 annual slots for training at the Fondation Européenne pour les Métiers de l’Image et du Son, familiarly la Fémis, among the most well-regarded film schools in France and indeed the world, and a former employer of Simon’s. Examining the examiners, it’s a cool-eyed interrogation of the cultural gatekeeping process, pinpointing innumerable little slights relating to class and race along the way, and so pulling back the curtain on the process whereby the culture industry perpetuates its own familiar image in a coming generation.
Pedagogical institutions also provide a framework for the two Simon films featured at MoMI’s First Look: 1992’s Récréations, set entirely on a school playground courtyard occupied by approximately kindergarten-age children, and 2018’s Young Solitude (Premières solitudes), featuring a cast of ten eleventh-grade students at the collège and lycée Romain Rolland in Ivry-sur-Seine, a southeastern suburb of Paris. Made nearly a quarter century apart, the films show a great consistency of method—Simon shoots them herself, achieving a remarkable level of unobtrusive intimacy in doing so, while using irruptions of nondiegetic music to banish any illusion of seeing unmediated reality—and interests, using a focus group-like sampling of schoolmates as a social microcosm. Each film belongs wholly to its era—the omnipresence of earbuds, for example, plays a key role in Young Solitude—while at the same time accessing and capturing certain perennial truths about the developmental stages they depict: these are movies that invite shivers of recognition, and which excavate half-buried memories.
The inspiration for Récréations, as with many of Simon’s projects, came from close to home—observing with interest the roughhousing play of the children at her young daughter’s school, Simon asked and received permission to shoot there. The result is a series of vignettes from the schoolyard, very often shot at eye level with the small subjects. Barring the opening image of a young girl awakening in bed, Simon limits herself to recording the playground during the recess period, capturing the drama of improvised storytelling games, shifting allegiances, and miniature uprisings that occur every day on this small patch of concrete. The opening scene, which runs close to a quarter of the film’s overall runtime, establishes issues that will be at play throughout: gendered dynamics; the relationship between self-appointed narrators, who issue commands and author the rules of the game, and the actors, who obey them; and the swiftness with which these arrangements can fall to pieces.
A small boy with a red neckerchief, Thomas, leads a smaller boy into a corner of the courtyard, intent on playing a game of barber, casting himself in the position of pride. Another boy, presumably noting that the metal barrier that’s been designated as a barber shop looks rather more like prison bars, tries to intervene, changing the story to one of jailbreak, but Thomas wrests back control of the story, dominating the interloper, chasing off a group of girls proposing a domestic game of their own and, when the prison narrative becomes irresistible, finally taking control of it himself, even continuing it as a one-man show when his playmates have been led off by other prospects. As the group reconvene, Thomas proposes an organized assault on a child called Alex, but for a moment the little mob drifts out of mic range, and in that moment the pack has redirected its fury towards Thomas, who they take turns methodically kicking at while he perches on a jungle gym structure, letting out almost simian shrieks. “He wanted to put us in prison,” one of the boys explains, “So we attacked him!” Sic semper tyrannis! But there is some consolation in defeat—the weeping Thomas is defended and comforted by his girl classmates, his sniffles dying down as he walks away hand-in-hand with a group of them, the former blowhard now grown sympathetic in his vanquishing.
“Boys are more fragile than girls,” one of the subjects of Young Solitude is heard to say, and watching Récréations one has the sense that girls are at the very least kinder by natural inclination. The movie concludes with another extended scene of group play in which a gang, principally made of girls, are taking turns making a short jump to the ground from the back of a bench. As they do, a curly-haired girl, Nathalie, looks on and sobs for her mother, paralyzed with fright at the prospect of the leap. There is some exasperation and some chiding and even some mockery from her classmates, but finally an expression of support as Nathalie seems to recognize the essentially psychosomatic nature of her fear (“You know I think it’s in my mind…”), and the girls help her to practice the jump in incremental steps, slowly building her confidence, holding her hand along the way, until she’s able to take the final leap of faith that caps off the film.
One gets a feel throughout for the capriciousness of children at this age, the arbitrariness with which little things can suddenly be assigned a life-or-death importance—the hoarding of collected twigs as though they were more precious than gold, for example—and then just as quickly forgotten. Each recess period is a mini-drama in which grandiose schemes are hatched, only to be swept away by the women who we briefly see tidying the courtyard after the children have returned to class. Simon infiltrates these miniature intrigues and follows them in their state of constant flux by letting scenes play through with an eye to real-time duration and a minimum of obtrusive cutting, limiting externally imposed commentary to the skronky saxophone of composer Pierre-Louis Garcia and a lone piece of voiceover, a spoken opening epigraph from Benedict de Spinoza’s The Ethics: “Man’s inability to control and contain his feelings is something I call ‘servitude.’ Indeed, a man subservient to his feelings isn’t dependent on himself but on chance, whose power over him is so great that he is often forced to do the worst even if he sees the best.”
The subjects of Simon’s latest film, Young Solitude, are rather older than the tykes of Récréations, but they face the same struggles to overmaster their rebellious emotions—as, in fact, all of us do. “Fall in love, then we’ll talk about self-control,” offers one girl to a classmate after she’s chided her friends for their foolishness in punching walls in fits of passion. Premières solitudes is in essence a series of dialogues, and at the center of all of them, in one way or another, is love. The teenaged ensemble, seen breaking apart and recombining in roundelay of seemingly casual pairings and other groupings, talk about their own relationships and their aspirations for them. They speak also about their relationships with their parents and their parents’ relationships with one another, and as they do a pattern emerges, for each child seems to come from a single-parent home, or an otherwise dysfunctional or at the very least nontraditional background. Save for the early appearance of a school nurse and brief cameos from a teacher screening a scene from Chaplin’s City Lights (1931) and one girl’s barman father, grown-ups are almost entirely absent from the action, the kids seemingly left to fend for themselves, like the girl we see doing her shopping alone at the Carrefour supermarket.
Young Solitude ends with a group of youths contemplating a nocturnal cityscape and discussing whether or not humankind is all by itself in the universe, and as one might expect given the title of Simon’s film, while watching it one is reminded over and over again of the keening loneliness of the teenage years, that sense of being both teasingly proximate to and impossibly far away from real life. (In this regard, the selection of Ivry-sur-Seine as a setting is perfect—just a short RER train ride from central Paris, it’s agonizingly peripheral.) Aside from commiseration with peers, those ever-present earbuds offer their own trusty companionship, and play a role in an elating early scene, in which one of the girls dances in a stairwell to the Bollywood hit “Gun Gun Guna,” her pink scarf matching the bannister paint in a touch that Jacques Demy might admire.
Just as resonant as the sense of isolation that Simon captures, though, is the feeling of generational solidarity that is desperate in adults but touching and necessary in youth. (There are few statements of unity more moving in cinema than Edwin Phillips’s simple, tossed-off statement to a newly skint Frankie Darro in William Wellman’s 1933 Wild Boys of the Road: “You know I’m always with ya.”) The subjects of Young Solitude come from a wide variety of backgrounds—a Cambodian girl whose parents are hopelessly estranged; the adopted daughter of a large, impoverished family from rural Nigeria; the son of a Portuguese construction worker easily brought to tears by the thought of his estrangement from his aloof father; the daughter of a lawyer whose diminishing fortunes took the family from the beating heart of Marais to the boring ’burbs. Consequently, they are subject to different pressures of varying degrees of severity, but there is little sense of a hierarchy of grievances. After getting misty eyed over her grandmother’s Alzheimer’s diagnosis, a girl listens to her friend rattle through a frightful family history rife with abuse, schizophrenia, and suicide. “My problems are nothing when compared to yours,” she offers. “It’s not a competition,” the friend replies.
If there is a competition here, it is perhaps with the unseen parents’ generation—a desire to do things better, to follow in no footsteps, to not fall prey to irreconcilable differences and estrangement and divorce, to define one’s future in opposition to one’s family history. The idealism that Simon captures, too, brings memories rushing back, as familiar as the loneliness, the camaraderie and, implicitly, the disappointments that await with the adult crash.
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LCSS
Final Phase
First major upgrade in three decades under way at Sarnia school
Walls are set to begin rising soon on a $1.2-million addition to the Sarnia Christian School.
Len Smit, principal of the private elementary school on the corner of Pontiac Drive and Exmouth Street, said construction began over the summer, following demolition of a section of the school building, dating back to the late 1950s, that held a library, staff room, resource room and storage space.
The first major upgrading at the school in approximately 30 years will add specialty classrooms, individual and small-group learning spaces, a common area and new main entrance.
"The hydro, plumbing, footings and the floor are ready, so hopefully the walls will start next week," Smit said.
That's also when approximately 120 students are scheduled to return to class at the school, but construction isn't expected to disrupt them.
"We are a little tight on space, but everything should work fine," Smit said.
A support wall that is insulated and covered on the inside dividing the section of the school where student are learning from the area under construction.
"So, we're all good to go," Smit said.
"We're just excited for another school year to start, and there's a lot of positive things happening here."
It's anticipated the project will be finished by late winter, or early spring, Smit added.
"The first thing they want to do is get it closed in before winter, and then they'll work on the inside," he said.
"It's exciting. It has been about five years of planning to get to this point."
Students and parents joined school officials at the end of the school year in June for a ground-breaking ceremony.
Smit has said the addition is designed for "21st-century learning," with spaces where students can work collaboratively in small groups, or quietly on their own.
It will also include a fine arts room, science room and band room.
"We're building the spaces to provide the type of learning that we wanted to have," Smit said.
There is still approximately $250,000 to be raised for the project.
Because private schools aren't funded by the provincial government, the school has been fundraising.
"We're going to ramp that up again, as soon as school starts," Smit said.
paul.morden@sunmedia.ca
Sarnia Christian School adding space for 21st-century learning
Students and their families gathered on the front lawn of Sarnia Christian School Friday morning to break ground on a $1.2-million addition.
The private Christian elementary school announced in February it was planning the construction project for the corner of Pontiac and Exmouth streets.
"We're still working with the city to get our permits and site plans all in place," said principal Len Smit.
"We're hoping to start in July with the demolition, and then the reconstruction."
The work, expected to be completed in March, will be the first major upgrading at the school in approximately 30 years.
The school that had 130 students this year has been operating for 60 years, and a section of the building set to be demolished dates back to the late 1950s.
"When it rains, we kind of worry how much water is going to come in," Smit said. "So, it's time."
That section of the school holds a library, staff room, resource room and storage space.
The larger addition set to replace it will have specialty classrooms designed to fit today's approach to education, including a fine arts classroom, a science room, band room, along with individual and small-group learning spaces, a common area, and a new main entrance.
Friday's ground-breaking follows several years of planning by school officials.
The way schools were designed in the 1950s doesn't always fit the way education happens today, Smit said.
"Our re-designed building has spaces for 21st-century learning," he added.
That includes providing spaces where students can work collaboratively in small groups, or quietly on their own, he said.
Construction will continue into the new school year, but isn't expected to create problems for students or staff, Smit said.
Because the school won't have a library during construction, the plan is to bus classes to the public library, he said.
So far, more than 75% of the money needed for the project has been collected by fundraisers.
Christian schools like Sarnia's aren't funded by the provincial government in Ontario, Smit noted during the ground-breaking ceremony.
By Paul Morden, Sarnia Observer
Friday, June 19, 2015 1:25:20 EDT PM
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News from the Sensei : From the Sensei's desk
Posted by JGarcia on 2011/12/7 15:35:06 (13103 reads)
Welcome to our website. The Shudokan School of Aikido has it's history and beginnings in my own Aikido career which began in Corpus Christi, Texas. I started Aikido in August of 1995 at the Corpus Christi Aikikai. It was there in a small but closely knit dojo that I learned the art of Aikido from a very dedicated group of Aikidoists that I still remember with great fondness. The names of Jerry and Gail Thompson, Matt Crocker, Mike Rains, Gilbert Fuentes, Laura Stuckey, and Hector Chavez will forever be implanted in my mind. They were my sempais, my friends, and my role models. I learned the art from them. My teachers were Eddie Martinez and Larry Salazar. Eddie was a forever positive and encouraging teacher. Instinctive, fast and fun are words I think of when I think of Eddie Sensei. Larry Sensei was dramatic, explosive and powerful. These two men had the respect of the students and had a real and significant impact for Aikido in that city. Of course, there were hundreds of other students, maybe thousands that were a part of the dojo over a ten year period. Rick Ricard, Charlie Marks, Joel Molina and so many others that I cannot tell. They were there and the atmosphere was magical.
My family moved to Houston in June of 1998 and we initially joined a dojo called Tumbleweed here in Houston. I still remember that on my first visit, I saw a handsome young man wearing a brown belt and a hakama moving from person to person throwing them and being thrown. His name was Rick Laue. Again, he was a wonderful and confident human being that was a role model to me. His co teacher was Tom Oreck of the Oreck company who was also a good and dedicated Aikidoist. The dojo soon closed and I joined the Nations Aikikai in November of 1998. I was there briefly when I noticed an announcement for a seminar that was being held in town with a shihan from Japan named Hiroshi Kato. When I witnessed his Aikido, I realized I was looking at a different kind of Aikido. I knew then that I had found my new path.
Being under the guidance of Hiroshi Kato Sensei changed my life. On the path that he showed me, I learned endurance, perseverance, and how to suffer in my Aikido training. I was taught a different way of looking at Aikido and how to make Aikido really work. I learned how to be patient and how to be who I was quietly and so many other things that there is not room to tell.
In December of 2003, with Kato Sensei's approval, I left being a student and I ventured out on my own. I did so because I needed to grow and I had my own ideas about how to do and be the lessons of Aikido. I started the Shudokan School of Aikido in January of 2004 at the YMCA and we begin strongly with 52 new students. Kato Sensei immediately adopted our dojo into his family of affiliate dojos and we got started on building a new dojo. There was a fire in the air and an excitement and things started up with a flare. We saw so many students go through there and we had huge classes and loads of fun and learning experiences. I started a second group at Highway 6 a year later and we soon had almost 70 students. We started holding large seminars and we got some what of a presence in West Houston as things progressed.
In 2008, we made the decision to combine the two groups. After doing so, we then made a move to Katy, Texas to a location on Fry Road but we were not there long before I began to feel that this location was not going to work for us. It was then that I came across a location on a heavily traveled street called Kieth Harrow. It was a crazy idea. I had no money, no resources, no way to do this but I decided to try. A few students quickly promised support. They were Russell Thomas and his wife Jennifer. Jorge Verar, an aiki kid parent and real estate agent also promised to advise us and soon, others also joined the advisory team. I told the rest of the members about it and they began forwarding advance dues and donations and between all of us, we were able to finance the build out of the new dojo and a new day came to the Shudokan School of Aikido.
It has now been 10 years since this dojo started. We are an established presence in this area of west Houston and we now have had over 28 major seminars with Kato Sensei at the new location alone. We now have a student body of almost 100 active students every month. Apart from being open 7 days a week, we emphasize almost every aspect of this art from the training to the philosophy and the history of the art. We welcome new seekers who want to learn to walk on this Aikido path with us. It will be a life changing experience for you if you pursue it sincerely.
Would you consider joining us and becoming a part of this Aikido challenge? We need you and the energy and life you can bring to us as we train together and learn and grow in Aikido. Call me and let's talk. This is a life changing and incredible experience, if you will give yourself to it. Do it today!
Jorge Garcia, Dojo Director
Shudokan School of Aikido / Hiroshi Kato Juku
News from the Sensei : About our Instructors
Shudokan former Master Instructor (Deceased) - Hiroshi Kato, 8th Degree Black Belt
Born in Tokyo 1935, Kato-sensei began Aikido training in 1954 at Aikido World Headquarters under the instruction of the Founder of Aikido, Morihei Ueshiba, otherwise known as O’Sensei. Introduced to the Aikikai Hombu Dojo through his mother’s network of connections when he was 19, he trained there daily as well as spending long hours perfecting his personal practice. Working during the day as a printer, he attended classes at night. (For this reason he was unable to be an uchideshi, and does not appear in early photographs with them.) He continued to train for over 58 years at the Aikikai Hombu Dojo; although in later years, he primarily taught at his Suginami Aikikai dojo, but still attended special events at Aikido World Headquarters.
After his first 10 years at Hombu Dojo, Kato Sensei occasionally had chances to personally serve the Founder. He was grateful for those opportunities to have had personal interaction with O'Sensei. Throughout his life, he continued to realize new and very real implications of what the Founder told him many years ago. He always continued to see Aikido through the Founder’s image, as Kato Sensei would always say, “To me, the Founder is not dead. He is still alive in my mind and in my heart.”
Kato Sensei attended the Doshu's class for three generations: the Founder, the second Doshu, and the current third Doshu. He received his first 6 black belts from the Founder and his next 2 black belts from the second Doshu.
His self-training in Aikido has been ascetic. In his early years, he often used to practice weapons by himself through the night, greet sunrise the next morning, and then go to work again.
Kato Sensei's Aikido had a measure of personal spirituality to it. Before every class, Kato Sensei had the practice of coming early to the dojo to meditate and pray. Since he was a youth he visited mountain shrines and stayed up all night practicing weapons and meditating.
Kato Sensei regarded O’Sensei with utmost respect and considered him to be his only teacher. He states that the Founder didn’t teach him directly, rather that he learned from the Founder. Kato Sensei believed that others cannot teach us Aikido, it is something we must learn ourselves from others. He sumed this up by saying, "Aikido is not something to learn from others, but to learn by oneself. Ideally, the practice should be for oneself, and it should be rigorous and sternly self-disciplined, by one’s own choice."
In 1965, an informal practice group named Yagyu-kai was formed under his guidance and direction. Most of the members were black belt holders and he enjoyed teaching, hard training, and lively conversation after practice.
In 1987, he formally established Suginami Aikikai in Ogikubo, Suginamiku, as a branch dojo under Aikikai Hombu Dojo. The former Yagyu-kai was then incorporated into Suginami Aikikai. At this time, he continued to train at the Aikikai Hombu dojo.
In the 1990's, he retired from his work as a printer and began teaching Aikido full time.
In 1994, he received 8th dan and in the same year, he began to teach Aikido in the US. By the end of the decade, Kato Sensei was traveling to North America to teach Aikido at his branch dojos in California, Texas, Arizona, and Mexico twice a year. He also began offering seminars at other Aikikai affiliated dojos as a guest instructor such as his visits to Brazil, Argentina, and Venezuela in South America. Kato Sensei was also petitioned by dojos in other nations as well and received dojos in Mexico,Indonesia and Holland as his affiliates. Kato Sensei finshed his Aikido journey with over 80 affiliate dojos throughout the world.
From 1999 through 2001, he received commendations for his contribution of promoting Aikido in Houston from the Mayor of Houston, Texas.
In 2001, “Suginami Aikikai” received commendation from the Governor of Tokyo as an Excellent Organization. This year, he also began to teach Aikido at the OASIS Sports Center in Tokyo. That program continues, and is expanding.
Reflecting its depth and maturity as a dojo, Kato Sensei's original dojo, the Suginami Aikikai developed several high level yudansha (such as 6th, 7th, 8th dans) and new members continually joined. As in his early days, Kato Sensei always enjoyed intense training with everyone. Members both in Tokyo and abroad had brisk international exchanges, as visitors from various dojos came to train with him in Tokyo.
Truly “every person’s" aikidoist, Kato Sensei exemplified one who had persevered in his own practice, was recognized, and rose to high rank on his own merit. Like most of us “normal people,” he was a person who worked a regular job and trained in what spare time was available, persevering by training hard and never giving up.
Kato Sensei was a living resource as an authentic link to modern Aikido's
origins. That was attested by the fact that his Aikido World Headquarters card number was the number 6.
Succinctly, Kato Sensei served as a superb and creative guide for his students in establishing “Wa” (harmony), both in spirit, in daily life and in Aikido.
On December 2, 2012, after returning to Tokyo from an overseas trip, Kato Sensei was taken to the hospital because of a sudden illness. He peacefully passed on later that day. We, his students all over the world seek to honor the legacy that he left us by continuing to train in the teachings that he left us. We all miss him very much and he will live in our hearts forever.
Shudokan School of Aikido Chief Instructor - Jorge Garcia, 5th Degree Black Belt
Jorge Garcia began his practice of Aikido in 1995 at the Corpus Christi Aikikai under Sensei Eddie Martinez in the Midwest Aikido Federation led by Akira Tohei Shihan, 8th Dan. Jorge was privileged to train in seminars under Tohei Sensei and was received his early kyu rankings directly from him. In 1998, the Garcia's moved to Houston,Texas where Jorge first attended a seminar taught by Hiroshi Kato Shihan. After experiencing Kato Sensei's powerful Aikido, Jorge decided to dedicate himself to Kato Shihan's teachings and he continued to train under Kato Shihan's supervision since.
In January of 2004, Jorge received permission from Kato Shihan to establish the Shudokan School of Aikido and Kato Shihan personally approved the name "Shudokan" for our dojo. In the same year, Jorge founded the Shudokan Aikido Association as an organization through which other dojos could join in order to pursue Kato Sensei's teachings.
In February of 2005, at the invitation of Dojo-cho Michael Wise, Jorge began teaching Aikido at the Shindokan dojo in west Houston. This dojo became a satellite dojo of the Shudokan School of Aikido and it eventually merged with the Shudokan School of Aikido to make one dojo out of the two.
In the spring of 2005, Jorge also began studying Muso Shinden Ryu Iaido in the Houston San Shin Kai with Craig Hocker Sensei. The Houston San Shin Kai is under the auspices of the North American San Shin Kai directed by Shihan Roger Wehrhahn who was under the guidance of the late Grandmaster Takeshi Mitsuzuka of the San Shin Kai of Tokyo, Japan.
Jorge no longer trains in Muso Shinden Ryu Iaido officially but continues training what he learned in this art privately.
In May of 2007, Jorge resigned his "day job" as a school teacher and became a full time Aikido Instructor.
In November of 2008, Jorge found a new location in West Houston for the dojo and he moved his Aikido group to the current Kieth Harrow location. It is in this new location that the dojo began anew with a different class schedule, new Kids program and daily philosophy study along with vigorous training in Aikido thus ushering in a new day for the Shudokan School of Aikido in Houston. This Aikido group now has its own location, secure in its pursuit of Aikido in the future. After 6 years at the new location, the dojo has grown an average of 100 students and is on its way to becoming one of the premier dojos in the Houston area.
Since 1998, Jorge has been privileged to have studied in 42 seminars led by Kato Shihan, each ranging from 10 days and up to 29 days at a time. In total, Jorge has attended over 70 Aikido training seminars, all with master level instructors and in the last decade, he has trained in seminars with most of the leading instructors of the art in this country.
On March 19, 2009, the Shudokan Aikido Association met for their 5th Anniversary dinner in Houston, Texas. At that dinner, Jorge was presented a special black belt by Yasuhiro Sakahara that had the words "Shudokan" on one side and on the other side, the words "Garcia Kansho". Jorge was deeply honored by this special gift. That weekend, the Shudokan Aikido Association received Hiroshi Kato in seminar in Houston, Texas for the 8th time. At this seminar, Jorge was tested by Hiroshi Kato Shihan and was awarded the 4th degree black belt in Aikido. Jorge has received his 1st, 2nd, 3rd, and 4th degree black belts directly from Hiroshi Kato Shihan.
Sadly, Hiroshi Kato Shihan passed away on December 2, 2012. One of his collogues, Seiji Ido, 7th dan took the responsibility of making the annual visits from Japan to Houston, in Kato Sensei's place, in order to continue teaching the members of the Shudokan Aikido Association in Kato Sensei's tradition.
In the Fall of 2014, Seiji Ido, Shihan-dai recommended that Jorge be promoted to the 5th degree black belt in Aikido. On January 11, 2015, Jorge's promotion to 5th dan was granted by Moriteru Ueshiba, the world leader of Aikido, at the Kagami Biraki gathering of the Aikikai Hombu Dojo in Tokyo, Japan.
Still in pursuit of Kato Sensei's teachings, Jorge trains every day of the week and does advanced training with his senior students while he endeavors to present the basics of Kato Sensei's Aikido to all of the students of the Shudokan Aikido Association, who are traveling on this path along with him.
Shudokan School of Aikido Assistant Instructor - Joe Cavazos, 4th Degree Black Belt
Joe started Aikido in April of 1991 under Bill Sosa Sensei, 6th dan and trained under him for a number of years. For many years, he also was active in his study of Aikido by attending many seminars from other styles other than his own. After Sosa Sensei's death, Joe continued his training under Lynn Fabia Sensei in a new organization called the Society of Aikido Centers. In 2005, Joe was granted the 4th dan by the SAC.
Eventually, after leaving that group, Joe sought the help of Jorge Garcia Sensei, and he was introduced to Shihan Hiroshi Kato and petitioned to become a personal student of his.
In 2007, Joe was able to join the Aikikai with the help of Hiroshi Kato Sensei and after some time passed, he was started off in his new home by being awarded the rank of 2nd dan Aikikai directly by Doshu Moriteru Ueshiba, as per Kato Shihan's recommendation.
In October of 2010, Joe received notice from Japan of the approval of Doshu Moriteru Ueshiba (upon Kato Sensei's special recommendation) that he was being advanced to the 3rd degree black belt.
In May of 2014, Joe Cavazos Sensei took his exam for 4th degree black belt under Shihan-dai Seiji Ido, 7th dan of the Suginami Aikikai. The exam was grueling and long, lasting more than an hour. The exam was well received and praised by all as a very impressive display of his Aikido knowledge and skill.
Joe Sensei is also the founder and Chief Instructor of the Aikido Center of Mission, Texas. He is also now one of the two Regional Directors of the South Texas-Mexico Region of the Shudokan Aikido Association which has 8 dojos in South Texas and Northern Mexico. He is also serving as an Assistant Instructor at the Shudokan School of Aikido in Houston.
Joe teaches adult classes in the dojo every week and does his personal training on other days.
Joe Cavazos Sensei is Vice President of the Shudokan Aikdo Association. As Vice President, Joe assists Garcia Sensei with his advice and support in the administration of Shudokan Aikido Association activities.
Shudokan Assistant Instructor - Debbie Chambers, 3rd Degree Black Belt
Debbie Chambers started Aikido in 1995 in Corpus Christi, Texas. While there, she trained in all aspects of the art, attended seminars under Akira Tohei and helped host and plan the some of the final Tohei seminars in Corpus Christi, Texas before his death. After moving to Houston in 1998, she trained under Tom Oreck Sensei and Rick Laue Sensei in the Tumbleweed Aikikai. She also briefly trained under Nelson Andujar Sensei in the Nations Aikikai and finished her Houston training at a local dojo, which was then affiliated with Hiroshi Kato Sensei, until August of 2000.
Debbie then left Houston to attend a university on the east coast where she earned her bachelors degree. She went on to graduate school where she earned her masters degree as well. After marrying and having her first child, she returned to the Houston area after a 10 year absence and joined the Hiroshi Kato Juku where she began training 5 days a week for over a year. In April of 2013, she took her Shodan exam and afterwards was appointed as the Children's Instructor.
Since then, Debbie has taken the lead to work with the kids and she uses her extensive skill as a manager to organize and operate the kids' program and she does so in an excellent way.
Debbie has made a remarkable comeback and has rehearsed and reviewed all aspects of Aikido since her absence from the art. Since April of 2012, she has learned all 4 levels of Kato Sensei's weapons system and on September the 20, 2015, she sustained her 2nd degree black belt under Seiji Ido, 7th dan from the Suginami Aikikai, Tokyo, Japan.
Debbie is now Assistant Dojo cho (Dojo Director) and is in training to run the dojo in the absence of Garcia Sensei during the times he has to travel to promote Aikido or work on other projects that he is managing .
Debbie took her 3rd degree black belt exam in October of 2018 under Shinjiro Yokoyama, 6th dan and she sustained the exam and was promoted.
News from the Sensei : Questions about Aikido.
1. What is Aikido?
Aikido is the practice and training in a secret principle called "Aiki". Aiki is a secret concept known only to certain ancient Japanese clan Samurai warriors. This concept, application, or principle was used in their fighting strategies when they engaged their opponents. As the clan style of civilization began to disappear and as the ways of waging war began to change, the concept of "Aiki" became even more secretive and was passed on only from one Headmaster to another within the groups that still possessed this knowledge.
2. How was this knowledge or concept passed on to us in this modern time?
When the time of the Japanese clan warriors had completely passed in the late 19th century, one of the last great warriors, Sokaku Takeda, was wandering around Japan, earning a living teaching secret Samurai techniques to people. He would charge them by the technique and he would travel in a circuit which grew larger and larger as he met more people that wanted to learn. Coming from a Samurai family and background, he was qualified to do nothing else. He knew nothing else except the ancient fighting techniques of the Aizu clan. He would enter a city, draw some attention by defeating local ruffians and thugs and then gather a small group of trainees for a meeting. He would teach them a few techniques and then tell them to practice these until he could return later in the year, then he would move on.
On one of these circuit journeys, he met a young man named Morihei Ueshiba. This young man was an exceptional student who paid to learn more and was good at what he was taught. Morihei was especially dedicated and he gained the approval of Sokaku Takeda to the point that Morihei was able to learn the secret of Aiki from Takeda over a 21-year period of training with him at certain times of the year. This secret of Aiki was an aspect Takeda didn't teach the average person. It was not to his advantage to do so as he kept his clients coming back for more and he also kept his mastery over them by hiding the secret.
With his knowledge and ability, Morihei developed a reputation in Japan as Japan's greatest martial artist. What helped him develop what is now called Aikido was when he met a religious leader who changed Morihei's worldview. The man was named Onisaburo Deguichi. Deguichi was an eccentric and odd man and had many far-fetched ideas, but his ideal of peace on earth was one of the main issues that deeply influenced the young Morihei.
Morihei Ueshiba then began to develop the idea of a superior martial art that would teach the ideal of non-fighting or the ideal of stopping an attack with "Aiki" with the view of peace in mind. This revelation came to him in an incident where he got into an argument with a sword fighter who grabbed a wooden practice sword and started attacking Morihei. Morihei used evasive movements until the sword fighter gave up the fight exhausted. It was then that the revelation of taking away the spirit of opposition and fighting from your attacker came to Morihei.
Morihei spent the rest of his life perfecting "Aikido", the art of peace. This would be an art that he hoped people would use the length of their lives to learn, in which they would learn the principles of non confrontation, peace with all and victory over our own aggressive fighting tendencies. Morihei believed that this secret concept of "Aiki" was what would give the exponents of Aikido the ability to defeat almost any opponent and that the art would be effective against a real attack and yet teach peace and good will toward all at the same time. His main concern though was always that this art not be taught to criminals or evil people who would use it for bad purposes.
3. Is "Aiki" easy to learn?
No, it's actually quite difficult. Everyone can learn Aikido but you must exercise patience, perseverance, determination, and you must have faith in yourself and in your own latent potential ability. Some exceptional people walk through the door with these qualities. Many others develop these qualities while in the pursuit of learning the art of Aikido.
4. How is "Aiki" taught?
"Aiki" is taught through the techniques of Aikido. The techniques are not "Aiki". Aiki is the governing principle in every technique that we teach. Aiki is a way of moving the energy in the body to meet or manipulate a physical attack in such a way as to defuse it. The principle of Aiki involves several concepts. These concepts are conditioned reflexes, coordinated breathing, timing, blending with the attack, joining yourself to the motion coming at you and then learning how to extend or propel the energy out from your body. Each technique we teach is designed to teach your body the feeling of these physical principles. So first, we learn the form of the techniques, then we come to understand the principles that are making the technique work. This process requires learning the steps and forms of 15 techniques which have hundreds of variations. The training to become a black belt involves learning the 15 basic forms and then about 150 variations of those 15 forms. There are really about 3000 variations of those 15 forms but most instructors use only about 150 variations that are practiced to get the person to the black belt level.
When you become a black belt, then you are no longer learning how to do techniques. At this time, you begin working with the governing principle of Aiki and you are allowed to gradually experiment with the form and to divert from the form. Eventually at the master level, the form disappears and the body is fully trained to move naturally, using the principle of Aiki, in natural, creative and innovative ways.
5. So then Aikido is not really learning to fight?
6. What is Aikido then?
Aikido is learning to stop a fight using an ancient Samurai principle called Aiki. While the Samurai used Aiki to fight and to kill, it was Morihei Ueshiba that took the concept of Aiki and sought to use it to create peace, love and harmony. This was his innovation and contribution to modern society and this is why Aikido is so different than other martial arts. We don't want to fight. We don't care about competitions or tournaments or defeating other people. Our goal is to train together as friends, to develop a community of people training in the ideals of peaceful coexistence while defending against evil and harm but doing so in such a way so as not to permanently injure or harm the other person.
7. How can Aikido change my life?
More than a fighting strategy, Aikido is a way of life. The word Aikido means the "Way of Aiki". In the old style Japanese culture, the arts were considered paths to intuitive wisdom. Philosophically then , Aikido is a way of life that trains the body through the discipline of the training itself. Within the dojo environment, the study of Aikido becomes the place where the ego interacts with the discipline of the art and the individual then encounters new frontiers of their own spirituality as they struggle to conquer their own self will. Every aspect of the "self" is eventually challenged within the training and the new person emerges having been forged through constant daily training.
"I want considerate people to listen to the voice of Aikido. It is not for correcting others; it is for correcting your own mind. This is Aikido. This is the mission of Aikido and should be your mission."
O Sensei - Morihei Ueshiba, the Founder of Aikido
News from the Sensei : Houston Student Page
Shudokan School of Aikido is located at Samurai Martial Arts, 17111 Kieth Harrow, Houston, Texas 77084. There is a map on this website to the location.
Weekly Aikido Schedule
6pm - 7pm / Children & Adult Aikido
7:05pm - 8:05pm / Adult Aikido
12 noon - 1pm / Adults
11am - 12:30pm / Adults - Morning
3pm - 4pm / Children & Adults
7:30am - 8:15am / Weapons Class
8:00am - 9:00am / Adult Aikido
Name-Rank-Days practiced-(Minimum days/hrs required for next exam)
1. Jorge Garcia, 5th dan - 1153 days
2. Joe Cavazos - 4th dan - (at Sensei's discretion - prom.2014) 314 days
3. Weldon Mauney - 4rd dan - (at Sensei's discretion - prom.2015)
4. Guillermo Almaguer - 4th dan (at Sensei's discretion - prom 2018) 25 days
3. Debbie Chambers - 3rd dan – (at Sensei’s discretion - prom.2018) 90 days
4. Carol Harkness - 3rd dan - 15 days - (4 years & 600 hours)
5. Raymond Villalba - 2nd dan - 29.5 days - (4 years & 600 hours)
5. Lee Kaplan - 2nd dan - 185 days - (4 years & 600 hours)
6. Andy Nguyen - 2nd dan - 20 days - (2.5 years & 400 hours)
6. Serdar Kalayev - 1st Dan - 477.5 days - (2.5 years & 400 hours)
8. Mario Lopez (dad) - 1st dan – 119 hrs - (2.5 years & 400 hours)
9. Sebastian Lehnherr - (2.5 years & 400 hrs) prom Oct. 2018
10. Reggie Wills - 1st kyu - 61.5 hrs - (125 hrs for next rank)
11. Berta Lopez - 1st kyu - 23 hrs - (125 hrs for next rank)
12. Michael Crabtree II - 2nd kyu – 2.5 hrs - (100 hrs for next rank)
13. Jim Li - 2nd kyu - 8 hours (120 hours for next rank)
14. Mario Lopez(s) Shodan-ho(3) - 30 hrs - (100 hrs for next rank)
15. David Mirth – 3rd kyu – 44 hrs – (100 hrs for next rank)
16. Derek Perry - 4th kyu – 59.5 hours - (80 hours for next rank)
17. Zara Majidpour – 4th kyu – 61 hrs – (80 hrs for next rank)
18. Alec Obenza - 4th kyu - 16.5 hrs - (80 hrs for next rank)
19. Siobhan Harkness - 4th kyu – 16.5 hrs - (80 hrs for next rank)
20. Hieu Nguyen - 5th kyu - 4 hrs - (60 hrs for next rank)
21. Rebekah Rogers - 6th kyu - 40 hrs - (50 hrs for next rank)
22. Jennifer Ocampo - 6th kyu - 15 hrs - (50 hrs for next rank)
23. Muataz Elziyadi - 6th kyu - 39 hours - (50 hrs for next rank)
24. Giovanni Pedroza - 6th kyu - 53 hours (50 hrs for next rank)
25. Midori Osawa - 8th kyu/B- 7 hours (50 hours)
26. Chiagoziem N’chukwukere “King” - 9th kyu/A - 28 hrs (30 hrs)
27. Nora Grimes - 7th kyu - 8 hours (30 hrs for next rank)
28. Hunter Jaggard - 7th kyu - 2 hours (30 hrs for next rank)
29. Oscar Salazar - 8th kyu - 11.5 hours (20 hrs for next rank)
30. Mike Portzgen - 8th kyu - 9 hours (20 hrs for next rank)
31. Arturo Pedroza - 8th kyu - 13.5 hours (20 hrs for next rank)
32. Gerardo - 0/20 hrs
33. Ryan Le - 4/55 - Brown belt - Youth Division
34. Anna Le - 3/55 - Blue with stripe - Youth Division
35. Nizar Bellaruo - 13/30 - Orange w stripe - Youth Division
Youth & Children
1. Christian Lopez - 7th kyu/C - 43 hours - (60 hours)
2. Eugenio Alves - 7th kyu/A – 38 hours - (55 hours)
3. Itzayana Lopez - 7th kyu/A - 13 hours (55 hours)
4. Aleksandra Sarabian - 7th kyu/A - 30 hours (55 hours)
5. Toviah Eleogben - 8th kyu/C - 1 hours (50 hours)
6. Ethan Parker - 8th kyu/A - 12 hours (45 hours)
7. Nobuya Osawa - 8th kyu/A - 24 hours (45 hours)
8. Johan Ocampo - 9th kyu/D - 67 hours (45 hours)
9. Kairi Crabtree - 9th kyu/B - 0 hours (30 hours)
10. Nalani Nguyen - 9th kyu/A - 28 hours (30 hours)
11. Ivee Nguyen - 9th kyu/A - 28 hours (30 hours)
12. Mansour Elziyadi - 9th kyu/A - 8 hours (30 hours)
13. Mohamed Elziyadi - 9th kyu/A - 9 hours (30 hours)
14. Adrien Ramirez - 10th kyu/B - 28 hours (30 hours)
15. Nicole N’chukwukere - 10th kyu/B - 26 hours (20 hours)
16. Kelvin Ayala - 10th kyu/B - 25 hours (20 hours)
17. Elias Villalba - 10th kyu/A - 15 hours - (20 hours)
19. Eleanore Angel - 10th kyu/A - 13 hours (20 hours)
20. Adam Benallou - 10th kyu/A - 2 hours (20 hours)
21. Safia Cherif - 10th kyu/A - 2 hours (20 hours)
22. Sebastian Chemaly - P6 - 7 hours (20 hours)
23. Suhib Elziyadi - P4 - 2 hours (20 hours)
24. Marcel Chemaly - P3 - 7 hours (20 hours)
24. Yeshua Hernandez - P3 - 3 hours (20 hours)
25. Cammi Chambers - P1 - 15 hours (20 hours)
25. Isabella Dreyer - P1 - 8 hours (20 hours)
26. Noah Prendergast - P1 - 0 hours (20 hours)
27. Naiya Prendergast - P1 - 0 hours (20 hours)
28. Shubh Randeria - unranked - 19 hours (20 hours)
30. Nizar Benallou - unranked - 16 hours (20 hours)
32. Gabriele Salazar-Perez - unranked - 13 hours (20 hours)
35. Mina Zahiroiic - unranked - 1 hours (20 hours)
36. Adis Zahiroiic - unranked - 2 hours (20 hours)
37. Juan Centeno - unranked - 6 hours (20 hours)
34. Christopher Nasukowicz - 2 hours (20 hours)
Total - 34 Adults and 34 Children = 73 Total active students
News from the Sensei : Hiroshi Kato Doshikai
Posted by JGarcia on 2011/12/7 15:31:09 (5852 reads)
To Clarify for those seeking to join this school for the purpose of learning Aikido, there are 3 basic fees here.
1) The monthly dues $75-$85 (Adults). This is for training in Aikido in this dojo.
2) The Shudokan Aikido Association Annual dues - $25 This is for membership in the association that allows you to test for Aikido ranking.
3) Optional - The Hiroshi Kato Doshikai - $50 annually. This is to join the group wishing to support the propagation of Hiroshi Kato's Aikido worldwide. Every Year, you will receive a uniform patch and a different DVD of Kato Sensei's instruction in body arts and weapons.
For information on our regular dojo fees for training , see the FAQ listed at the top of this page.
General Information of the Hiroshi Kato Juku - Doshikai
(For inquirers seeking information on the dojo. This organization is optional for those individuals seeking to join this trans local Aikido Club.)
The Hiroshi Kato Juku is the new name of the Shudokan School of Aikido in Houston, Texas. The Hiroshi Kato Juku is also a Doshikai sponsored by the Shudokan Aikido Association, for the purpose of preserving, promoting, and teaching the methods, the style and principles of Aikido as espoused by our former master and beloved instructor, Hiroshi Kato Shihan.
The word Juku means a training academy associated with hard training or intense training. A Juku is also a form of a private school or one led by a particular individual. With reference to Aikido, a Juku would be a school not of all styles but of one style.
The word Doshikai means "a group pursuing the Way". Another definition of a Doshikai is "a collective of individuals who share a vision and have a purpose that is greater than their personal aspirations." As such, the Hiroshi Kato Juku-Doshikai is a group of people, coming together who share the vision of Aikido that Kato Sensei embodied. These people, like Kato Sensei, have a vision and purpose of honoring, preserving and spreading Aikido with the methods, principles and with the spirit that Kato Sensei lived before our eyes. This Doshikai then is a group or club of people who transcend distance as well as national and political boundaries. The people who unite themselves to this Doshikai are those who have a desire to remember Kato Sensei by keeping and living the values that he believed in.
The primary mission of this Doshikai will be to serve to honor and preserve the principles and example of Aikido as shown to us by Kato Sensei in his daily life, on the mat and through his words to us.
Those joining this Doshikai also will have the following responsibilities:
1. To always honor and respect the Founder of Aikido, Morihei Ueshiba.
2. To honor and support the Ueshiba family and their claims to legitimately preserve, promote, and present the art of Aikido to the world.
3. To hold legitimate the right of the Doshu of Aikido to issue all Yudansha certificates and to honor those certificates.
1. To honor, to respect and never forget the memory of our beloved master, Hiroshi Kato Sensei.
2. To support the Hiroshi Kato Juku-Doshikai with an annual membership contribution of $50 to be paid every January.
3. To wear the Logo patch on the uniform displaying the name of the Doshikai whenever possible.
4. To study and seek to learn, preserve and develop the teachings of Aikido as taught by Hiroshi Kato Sensei.
5. To attend at least one Transmission Seminar per year of the teachings of Hiroshi Kato Sensei, conducted by the colleagues, advanced students and the successors of Kato Sensei.
6. To train and learn the Weapons system as taught by Hiroshi Kato Sensei (or his successors) in order to preserve it for future generations.
7. To seek to honor the memory of Kato Sensei by training hard, improving and developing our Aikido, so that the memory and teachings of Kato Sensei will live forever.
What this Doshikai is not.
1. We are not a political organization.
2. We are not a testing or degree granting organization.
3. We are not a Federation of dojos.
What this Doshikai is.
This Doshikai is an international club of friends who remember, trained with, respected, appreciated or loved Kato Sensei, who are seeking to honor him and remember him by supporting the practice and teaching of the art Aikido in the style of Kato Sensei, publishing articles by or about him, and supporting the development of DVD's of his teachings and other audio visual materials in our possession, so that his teaching, wisdom and sayings will be available to Aikidoists in the future.
Requirements for Annual membership
1. Pay an annual membership donation of $50 every January.
2. Promise on your honor not to copy or distribute the Doshikai's DVDs of Kato Sensei or the logo of the Doshikai that will be given to you.
Benefits of the Doshikai
1. You will receive a new Hiroshi Kato Juku-Doshikai patch or a Doshikai T-Shirt every year that you pay your dues
2. Every year that you pay your dues, you will receive a different DVD, taken from a portion of one of the Seminars sponsored by the Shudokan Aikido Association where Kato Sensei was teaching.
Funds of the Doshikai
The funds collected for the Hiroshi Kato Juku-Doshikai will be used to buy equipment to create and produce DVD's of Kato Sensei, to create a website for the Doshikai , to pay for incidental costs related to the work of the Doshikai such as buying supplies and doing mailings, and helping to pay for the costs of any travel related to the teaching of Kato Sensei's style to other groups at various places in the world
Shudokan Aikido former Master Instructor - Hiroshi Kato, 8th Degree Black Belt
On Kato Hiroshi Sensei by Peter Ralls (From Aikiweb.com)
My teacher passed away last Sunday. I had seen him the Saturday before, and he had a bad cold, and I was a little worried, but I had seen him shake colds off before. So I wasn't too concerned. I flew back to California on Wednesday, and Saturday night I got the call that he was gone. I still can hardly believe it.
I first met Kato Sensei in 1979, when I was a very young man studying at Hombu Dojo. Robert Frager had told me stories before I went about this guy at Hombu that used to go up into the mountains and practice bokken and jo all night, then come to the dojo and do this incredible aikido. So I asked about him and he was pointed out to me. Kato Sensei wasn't a member of the Hombu teaching staff, but he was senior and higher ranked than many that were. He had started aikido at Hombu Dojo in 1954, and was a seventh dan. He would come to class three or four times a week, train in class, and then stay after class and work with a small group. I went over to watch them, and Kato Sensei asked if I wanted to join in. I did, and took to joining his group after class every so often. I could have trained with him a lot more than I did, but I was young and not very disciplined, and wasted the opportunity then to really study with him.
Kato Sensei back then had a striking appearance. He had a pale complexion, huge black circles under his eyes, and a frequent maniac grin. At that time training at Hombu was pretty harsh, and the quality people really respected then was power. Kato Sensei had power in great quantity. His technique was very non-orthodox, using a lot of foot turning and twisting and rapid body direction change very different than anyone else's aikido I have ever seen. Through this he developed a kind of force that I can only describe as tornado like. When I attacked him, I never knew where I was going to end up, I would just feel this force pick me up and hurl me across the dojo. A couple of times taking falls from him I actually did land on the top of my head, which was painful and frightening. But I never felt he was deliberately trying to hurt me, unlike some people I trained with, and I was scared a lot of the time at Hombu back then, so Kato Sensei's stuff didn't discourage me too much. Indeed, I liked taking falls from him, as although Kato Sensei was very physically strong, it was clear when he threw you that there was a lot more going on than just strength and technique. Kato Sensei was always very welcoming and helpful whenever I chose to go over and participate in his practice, and when I left Japan and went home in 1980 I had very positive memories of him.
I didn't go back to Japan until 1989, but when I did go back I made a point of reconnecting with Kato Sensei, and accepting his invitations to go train with his group on the weekends. But as I now had a career in the States and could only go once in a while for a few weeks, I couldn't train with him the way I wanted. So I was quite pleased when my buddy Jimmy Friedman came back from Japan one trip in 1994, and told me he was inviting Kato Sensei to California to teach. So Kato Sensei started coming to the San Francisco Bay Area twice a year, and teaching seminars, and pretty soon, Jimmy told me that he wanted to become Kato Sensei's student. That sounded good to me, so I jumped on that wagon too, and we became Kato Sensei's first branch dojo.
Kato Sensei was a wonderful teacher for me. He was very relaxed and straightforward, and not at all a rigid authoritarian. This was good for me, as I never could bear to be told what to do. As I got to know him better, I found him to be very kind and generous. He himself was a rebel and non conformist, and was willing to tolerate a lot of that in his own students. He even made me cringe some times. I went with him a few times to the Taisai in Iwama, the formal ceremony commemorating O Sensei. Everyone, including me, would be dressed up formally for the occasion, except for Kato, who invariably wore a t-shirt, and jeans with holes in them. I would stand next to him thinking "Great! maybe I can just pretend not to know him." But that was who he was. He revered O Sensei, but had no use for ceremonies, and didn't mind letting anyone know.
His aikido at this point, in my opinion, had solidified. He was as powerful as ever, but instead of flying through the air now, when he threw me he directed me straight down. His vitality was incredible. He was sixty years old. He would get off the plane, go straight to the dojo, start teaching and throwing us around like bowling pins, drink all night, wake up early in the morning so we could do "special practice" and keep this up for two weeks. Jimmy and I would be utterly exhausted when he left, and we were in our mid thirties. Kato Sensei's aikido kept it's unique twisting footwork. But even before he moved, he was able to take my center the instant I grabbed him. As soon as I took hold of his wrist, I would feel myself lose connection to the ground. Then he would move and apply the technique and bury me. He also had a system for using the bokken and jo that used the same footwork. If I could compare it with anything I would say that it seemed almost like the Chinese martial art Bagua. But when we asked Kato Sensei, he told us he had never studied any martial art other than Aikido. He said that he had developed his aikido by trying to figure out how O Sensei did what he did. But he made a point of saying that he did not learn it from O Sensei, he developed it trying to do what O Sensei did. The same for his weapons work. He said O Sensei never taught him weapons, he developed his own forms trying to catch the feeling of what O Sensei did. And this was an important part of his own teaching philosophy. He said that you should never be a "copy" of your teacher. He thought the role of the teacher was to inspire the student to figure out stuff on their own, because that was the only way they could really get anything worthwhile. And he said that was the way O Sensei taught. He said that when O Sensei taught class, he would walk around, and if he didn't like what the student was doing, he tell them they were doing it wrong, but he wouldn't explain to them what was right. they had to figure that out for themselves. Still, when I would ask him for something specific, he would laugh, and show me or explain it to me anyway.
As he got into his seventies, he lost the raw overwhelming force and speed that he once could generate. Instead, he got more subtle, drawing his uke off balance earlier and moving around his uke's force in a way that made his throws look comically easy. Even though he was going about it a different way, he was getting stronger in some ways rather than weaker. I started traveling with him a lot, and I would laugh to myself sometimes in South America when I would see some young hot shot latch on to him and he would just bury the guy, and the guy would get up with the "deer in the headlights" look, like he was thinking "What just happened." And Kato Sensei used to tell us, "I can't use force the way I did when I was younger, so I have to learn other ways to do things" I guess when he said younger, he meant when he was in his sixties!
Now, Kato Sensei wasn't a perfect person, by any means. Like a lot of his generation in Japan, he drank too much. He loved to be the center of attention, and had a hard time when he wasn't. And he very much wanted to have a lot of dojos under him in his association, and I couldn't understand why that was so important to him. But for all of that he was one of the kindest people I have ever known. He knew his aikido was better than the vast majority, but he never thought that made him a better person than anyone else. I never saw him talk down to anyone, or treat anyone as less than an equal to him. His students were his friends, and really, his family too. I was with him in Venezuela as his attendant one year, and we were at the airport with a few of the Venezuelan aikidoists, and he was explaining what he thought Aikido was all about. He said Aikido was about having good relationships and friendships with people, and he looked over at me and said to the group, " You know, Peter's my student, but he is also my friend, and that's how I should regard him, and that's Aikido."
Kato Sensei told us that when O Sensei died, Kato Sensei felt that he didn't have any guidance anymore, and that it was now up to him to try and figure out what aikido was, and though he lamented that he felt he only understood a fraction of what O Sensei was doing, that is what he was trying to do. I am already missing the guidance that Kato Sensei gave me, but I am missing my friend Kato Sensei more. I love you Kato Sensei, rest in peace.
Peter Ralls
Re: It had to be felt # 31; Kato Hiroshi Sensei
That said it all. Thanks Peter. As I consider Sensei's departure, I realize now how big his presence was in my life. He had a subtle presence that was always filling all the space in the room. It was pleasant, gentle, friendly and yet commanding. When I realized he was gone, that space seemed really empty. Those of you who knew him longer have a real challenge as we all do, to a lesser extent, in finding the way to negotiate that vacuum. You will be in my thoughts and prayers.
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David Mamet’s ‘Glengarry Glen Ross’ is a masterwork not to be missed
by Kurt B. Davis · July 19, 2004
Jack Lemmon and Kevin Spacey in ‘Glengarry Glen Ross’
[rating=4]Starring: Al Pacino, Jack Lemmon, Alan Arkin, Kevin Spacey, Alec Baldwin, Ed Harris, Johnathan Price
Director(s): David Mamet
Writer(s): David Mamet, Based upon his Play
Even as Quentin Tarantino continues to ride a tide of popularity for his witty, self-consciously hip banter, there is still one undisputed, heavy weight champion of brilliant screen dialogue.
David Mamet.
Mamet’s been perfecting his trademark patter since his theatrical hits Sexual Perversity in Chicago and About Last Night in the mid-seventies, through his work on Hill Street Blues for television, and his successful film adaptations of The Postman Always Rings Twice and the Paul Newman classic The Verdict, for which he was nominated for his first Oscar (Best Screenplay Based on Material from Another Medium, 1982).
Mamet’s career has been checkered. For every popular hit like The Untouchables, there are several critically acclaimed works like House of Games and The Winslow Boy, or woefully under-appreciated efforts like The Edge that struggled to find an audience. Even after rising to the level of Hollywood royalty, Mamet’s work remains an acquired taste; a full meal, heavy on red meat and bitter vegetables served to a population weaned on a diet of comfort food.
Mamet’s most talked about film to date is the cult favorite Glengarry Glen Ross. And for good reason. Set in the arena of real estate sales, Glengarry is Mamet at his finest; an unflinching, foul-mouthed journey into the lives of desperate men fighting for their jobs, and by extension, their lives. Based on Mamet’s Pulitzer Prize-winning stage play of the same name, Glengarry Glen Ross contains some of the most memorable and quotable dialogue in the author’s long career. For those unfamiliar with “Mametspeak,” Glengarry is a fine introduction.
“You’re talking about what?” asks a superior of his sales staff. “You’re talkin’ about — bitchin’ about that sale you shot, some son of a bitch don’t wanna buy land, somebody don’t want what you’re sellin’, some broad you’re tryin’ to screw, so forth? Let’s talk about something important.”
Classic Mamet — terse, profane and in your face. Mamet’s dialogue doesn’t strive for realism, it rises to the level of working-class poetry. Characters interrupt themselves and restart their sentences mid-thought, speak in telling fragments, etc. It’s precise, musical, driven as mush by rhythm as language.
“The good news is, you’re fired,” the superior barks at his subordinates. “The bad news is you’ve got — all of you’ve got — just one week to regain your jobs, starting with tonight, starting with tonight’s sit!”
A former real estate salesman, Mamet fills Glengarry with the language of the game. A “sit” is a business meeting. A “closer” is someone who sells, or, more literally, closes deals. “Leads” are just that, vital information about potential clients. It’s the leads that matter. Give your sales force bad leads and you’ve tied their hands.
“The leads are week,” one worker protests.
“The leads are weak?” barks the superior. “You’re weak! You can’t play in the man’s game? You can’t close ‘em? Then go home and tell your wife your troubles! ‘Cause only one thing counts in this life — get them to sign on the line which is dotted. You hear me, you fucking faggots?!”
Get the picture? An acquired taste, to be sure. If you like your characters sympathetic, and your storytellers guided by a moral code, then you’ve wandered into the wrong mall.
Shot for twelve million and given a limited run, the film grossed less than eleven million dollars, despite rave reviews. Since its release on video, the film has enjoyed a second life, earning a cult following that it still enjoys today.
For those brave — or strong — enough to hang on for dear life, Glengarry Glen Ross is a masterwork not to be missed. Working with little more than two interior locations, Glengarry proves that less can be more (much more!), that well-written conflict is more engaging than an hour of special effects, and that smart, dialogue-driven films — like the great films of the 40’s and 50’s — can still blow you away, even when there’s little more going on in the frame than conversation.
In addition to Mamet’s writing, and helmer James Foley’s unobtrusive direction,Glengarry‘s success is due, in no small part, to the brilliant performances of its stellar cast. Attracted by Mamet’s work, and eager to work in collaboration with each other, Al Pacino, Jack Lemmon, Kevin Spacey, Alec Baldwin, Ed Harris, Alan Arkin, and Jonathan Pryce all cut their rates to be a part of the production. Of these, Pacino was the most instrumental in getting the project to the screen.
According to Foley, Pacino saw the play, loved it, and got his hands on Mamet’s screenplay adaptation. Pacino’s intention was to play Ricky Romer, the highest rated salesman in the lowly rated pool (Baldwin gives a different take on Pacino’s commitment to the project in his audio commentary in a bit of telling gossip — telling, that is, of Baldwin). It was Pacino, says Foley, who suggested casting Lemmon.
“This was a time when Jack Lemmon’s was very dicey,” Foley recalls in his audio commentary. “He was still a vital, vibrant actor in the scheme of things, but he had not been in a successful movie in a couple years. So to suggest that he be one of the stars of this movie with Pacino — who was riding high — was not met with enthusiasm.”
While Lemmon’s involvement in the project didn’t light anyone’s fire at New Line, the actor’s commitment meant the world to his peers. With both Pacino and Lemmon attached to the property, the other actors eagerly signed on, and the rest is history.
Each actor brings a unique voice to the production. Pacino is cunning and seductive as the company’s best salesman. Baldwin is eviscerating in his one, show-stopping scene as the condescending superior. Arkin, as always, is solid as the group’s least committed member. Harris is the epitome of the seething professional desperate to re-establish his manhood. Spacey is strong as the cold-hearted company shill with a mean streak, and Pryce delivers the film’s most subtly tortured performances as a fly caught in the web of the company’s biggest spider. But it is Lemmon — the man the studio didn’t want from the get go — that turns in the film’s most heartbreaking performance as an unprincipled salesman unraveling at the seams.
On his commentary, director Foley recalls that the Glengarry Glen Ross set was the least tense set of any film he’d ever worked, despite the on screen acrimony… with one exception.
“I remember that I would come in,” Baldwin says, “and they were all around the coffee urn having coffee and laughing and I walked up, and all the laughing stopped.” Foley recalls the same. “They treated him like shit, which was great,” the director tells, “because it motivated him to treat them back as shit. It wasn’t about Alec at all,” Foley clarifies. “It was about his character.”
From the beginning, all the actors agreed to do Mamet’s screenplay word-for-word; the author’s idiosyncratic dialogue would never work as a whole if any one actor tried to paraphrased it. “We had a script supervisor on the set,” Arkin recalls. “If I had a line that was, “uh…uh…uh,” and I only did two of them, I would get stopped. ‘I’m sorry, there are three of those.’ It was the most exacting work I’ve ever done in my life.”
In addition to the brilliant film, the ten-year anniversary edition DVD is loaded with extras. Compiled after Lemmon’s death, the 2-disc set features a loving tribute to the actor in the form of talking heads interviews with professionals who worked with or knew Lemmon personally. Fittingly, Chris Lemmon, the actor’s only son, begins and ends the tribute titled “Magic Time”, an expression the senior Lemmon often used before shooting his scenes. The similarities between Chris and his father are startling, and the adoration he expresses for his dad is quite moving.
As universally loved and admired as Jack Lemmon was, it does feel odd that more people weren’t brought in for the tribute, most notably the muscle-bound, African-American actor Ving Rhames who, after winning his Best Actor statuette at the Golden Globe Awards three years earlier, tearfully called Lemmon to the stage and gave it to him in exchange for the veteran’s influence on his career. Too bad.
The DVD also features commentaries from director Foley, Alan Arkin, Alec Baldwin, cinematographer Juan Ruiz Anchia, and production designer Jane Musky. An odd detail to note is that none of the commentaries is feature-length. Each commentary jumps abruptly to scenes later in the film, making one suspect their DVD might be damaged. Perhaps the editors of the commentaries felt as DP Anchia did.
“A lot of times you see a book about a photo and how captured it,” Anchia shares, his Spanish accent thick. “And he’s so — intellectual. And you say, well, sometimes you just got the picture. Why to talk more about it? And in films it’s the same. It’s the nature of the moment. You just got it. Why intellectualize the moment?”
The DVD also includes a clip of Jack Lemmon on “Charlie Rose” discussing Glengarry, and a second clip from “Inside the Actor’s Studio” featuring Kevin Spacey interacting with a second year student during that show’s Q&A.
Jeff Margolis, the student in question, has to go down in history as the poster child for hutspa. The previous year when Spacey appeared on the program, Margolis convinced the two-time Academy Award-winner to perform a line from Glengarry. This time around, Margolis convinces Spacey to play part of a scene from Glengarrywith him. It’s a moment that brings down the house, and tickles Spacey — an actor who, by his own admission, jump-started his career with a series of profoundly shameless overtures. In the end, Margolis not only plays the scene with Spacey, but he gets his brass balls moment immortalized forever on the anniversary DVD!
Extras also include a second talking heads documentary featuring lifelong sales people titled A.B.C. (or “Always Be Closing,” the Baldwin character’s command at the head of Glengarry), and a short, 1947 documentary on zealous, Pennsylvania furniture salesman J. Roy. More than A.B.C., Roy’s footage gives viewers their best glimpse into the kind of charismatic, sincere personality that happily chooses a lifetime in sales.
Other features include wide and full screen options, DTS and Dolby Digital sound, English and Spanish subtitles, production notes, cast & crew biographies and an odd little Easter Egg. Go to the Special Features page, highlight the Main Menu option and click the Left button to highlight the bar sign in the Chinese restaurant. Click that and you’re lead to a series of unknown actors taking Baldwin’s abusive monologue out for a spin. Though a case can be made for the difficulty of performing Mamet’s dialogue, it seems mean-spirited to martyr hopefuls obviously out of their depth to make the point.
The one genuinely entertaining moment comes at the end of this extra. One of the actors, an Asian-American, turns to the camera and begins the monologue again in Japanese. Rather than going big with the line, as Baldwin did in the film, the actor delivers her reading with ice in her voice. Though obviously tagged on as a hoot (the moment begins and ends with a gong), it’s a great, telling bit that demonstrates just how chilling Mamet’s intention can be in any language.
Run Time: 1 hr., 40 mins.
Tags: Al PacinoJack LemmonKevin SpaceyKurt B. Davis
Kurt B. Davis
Kurt B. Davis is an award-winning filmmaker and a twice-optioned screenwriter. His latest project, JUST YOU, featuring R&B songstress Yasmeen, marks his debut as a music video director.
‘Torch Song Trilogy’ is bawdy, quick-witted and proudly sentimental
1974’s ‘The Taking of Pelham One Two Three’ is a smart, keen thriller
‘Baby Driver’ is one rad ride
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Do I drink Guinness? No. I’ve tried Guinness … but just don’t like it. I am, however, in the minority. Guinness is one of the most popular beers in the world. So why am I blogging about something I don’t care for? Because I find their story fascinating. With so many breweries, not only in Great Britain, but around the world, how did this small Irish company become such a favorite?
During the middle ages, beer and ale were the most common drinks in Britain. Because many of the rivers and waterways in the cities were polluted, water, at that time was not always safe to drink. Beer (a much less alcoholic version than we know today) was drunk with every meal, by everyone, every day. Providing the bulk of the caloric intake, beer was also believed to be nutritionally good for you.
Brewing beer at home was quite common and the Guinness family did as well. I’m sure one of Arthur Guinness’s jobs growing up was to help his father with the brewing. Although many families brewed their own beer, it was also commercially available. At inns and taverns, alewives would put out an ale-wand to show when their beer or ale was ready. Gradually brewers began organizing themselves into guilds and as brewing became more reliable, many inns and taverns then stopped brewing and began to buy beer from these early commercial breweries.
Arthur Guinness
When Guinness was 27, his godfather died and left him £100 (over £5,000 today). Having an entrepreneurial spirit, in 1755 Guinness purchased a floundering brewery not far from Dublin. He began brewing ale … an “unhopped” brew. After four years, Arthur put his brother in charge and then purchased another brewery, about 20 miles away at St. James’s Gate in Dublin. The brewery industry was beginning to fail, but it didn’t deter young Guinness who took out a 9,000-year lease on a 4-acre, run-down brewery … for a cost of £45 per year. And just ten years later, Arthur Guinness began exporting his brew. It may only have been six barrels to England, but it was ground breaking at that time.
In 1761 Arthur married Olivia Whitmore, who bore him 21 children – 10 of which lived into adulthood. Three of his sons eventually joined him to work at the brewery, with Arthur Jr., his second son, eventually becoming senior partner.
Meanwhile, Londoners were enjoying a new style of dark beer, called Porter or “stout”, named after the river porters who worked in London. Although his brewery was doing well, Arthur made the decision to stop brewing ales and concentrate on perfecting this bold, black beer. In 1778 Guinness started selling only Porter. By his death in 1803, the annual output at the brewery was over 20,000 barrels. With Arthur Jr. now at the helm, exporting became his focus and sales continued to soar … from 350,000 barrels in 1868 (now with Arthur Jr.’s son in charge) to 779,000 barrels in 1876 to over one million barrels ten years later.
With the death of Queen Elizabeth’s husband, the beloved Prince Albert in 1871, a local pub owner decides to create a drink in his honor. By combining Guinness’ Stout with champagne, he created the Black Velvet, a drink that is still very popular today.
The Guinness brewery grew by leaps and bounds and remained in the family for four generations. The original 4-1/2 acre property grew to where it boasted its own medical facility, fire department, railway system and canteens; and it took very good care of its workers. By the 1900s the brewery provided unparalleled benefits for its 5,000 employees, costing the brewery one-fifth of its total wages.
By 1914, Guinness was producing 2,652,000 barrels of beer a year, more than double that of its nearest competitor Bass, and was supplying more than 10% of the total UK market. In the 1930s, Guinness became the seventh largest company in the world.
Some very creative advertising and marketing campaigns were begun at this time.
… The first advertisement featured the slogan ‘Guinness is Good for You’.
… Following this success came ‘My Goodness, My Guinness,’ which featured the now famous Guinness toucan.
… When World War II broke out, all British Troops in France receive a bottle of Guinness to accompany their Christmas dinner.
… And let’s not forget the Guinness Book of World Records, which came about in 1954 when the Managing Director had the idea for a promotion based upon settling pub arguments. Little did he know that this book would go on to become an all-time best seller, and spawned an entire culture of its own.
… To celebrate their 200 anniversary in 1958, Guinness dropped 150,000 bottles into the Atlantic Ocean, from different points, over six weeks. Should one of those bottles reach shore, inside you may have found a certificate from ‘the Office of King Neptune’, or a booklet telling the story of Guinness. Others may have had instructions on how to turn the bottle into a lamp.
Guinness Book of World Records – Longest Bicycle
In 2000 Guinness transformed the former fermentation plant at the St. James’s Gate Brewery into a magnificent seven-story experience, now the biggest tourist attraction in Dublin. The story of Guinness is brought to life from its humble beginnings through to its modern-day successes.
Today Guinness is brewed and enjoyed all over the world. It may not be a favorite of mine, but obviously I am in the minority. As Irish actor Peter O’Toole once said, “My favorite food from my homeland is Guinness. My second choice is Guinness. My third choice … would have to be Guinness.”
References: Ranker.com, Guinness, Wikipedia, World Records
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TEEB > ABOUT TEEB > UNEP TEEB Office
Based in Geneva, Switzerland, at the International Environment House, the TEEB office is hosted by the United Nations Environment Programme (UN Environment) under the Biodiversity and Ecosystem Services Branch (BESB) of the Ecosystems Division. The small team provides day-to-day implementation and administration of the entire TEEB portfolio of work, including communications and outreach activities.
Dr. SALMAN HUSSAIN
TEEB Coordinator (Geneva, Switzerland)
TEEB Coordinator
Dr. Salman Hussain was a contributing author to the TEEB reports launched in 2010 and has also coordinated the quantitative assessment for TEEB, a global scale study integrating environmental valuation with Geographic Information System mapping.
Previously Salman was with Scotland’s Rural College, where he directed the University of Edinburgh’s Masters programme in Ecological Economics and headed a team focusing on marine ecosystem economics. In addition to his teaching and administrative duties, he lead the economics work of a European Commission project that married ecosystem service valuation with the bio-physical modelling of the impacts of different use and conservation policy options.
His PhD was on the economics of the ‘greening’ of industry, with a specific emphasis on eco-innovations and eco-labelling, but his research for the past decade has focused on ecosystem and environmental economics.
To contact Dr. Salman Hussain, email: salman.hussain[at]UNEP.org
DUSTIN (MILLER) WENZEL
Communications and Events (Geneva, Switzerland)
TEEB Communications and Events
Dustin Miller holds a Master of Science in Environment and Development from the Institute of Development Policy & Management at the University of Manchester as well as a Bachelor of Arts (cum laude) in International Development Studies at McGill University. His principal focus has been on identifying and mainstreaming the synergies between biodiversity conservation and socioeconomic development toward sustainable and equitable ecosystem management.
Dustin joined the TEEB team in Geneva in February 2012 and, among various other programme and operational support duties, has been primarily responsible for the project management of activities related to ‘TEEB for Agriculture & Food.
To contact Dustin Miller, email: Dustin.Miller[at]unep.org
TOMAS DECLERCQ
Associate Programme Officer (Geneva, Switzerland)
Associate Programme Officer
Tomas Declercq is an environmental economist at UN Environment TEEB since January 2019, and previously from mid-2014 to mid-2017. He supports governments to integrate the values of nature’s contributions to people into decision making.
Tomas has moved across three duty stations and worked for five UN agencies. Prior to joining TEEB, he has been with UN OCHA to support the integration of environmental considerations in humanitarian response, including as a member of the UN Disaster Assessment and Coordination team. He previously provided technical assistance at UNDP Peru on the Poverty Environment Initiative and has worked as an Agriculture Policy Advisor for the Belgian EU Presidency. He also held short-term assignments for UNITAR, FAO Ecuador and the ITC-ILO. Tomas speaks English, Spanish and French.
MONICA LOPEZ
Programme Officer (Nairobi, Kenya)
Programme Officer
Mónica López has been working at UN Environment in Nairobi, Kenya for the past two years, managing projects on mainstreaming, natural capital accounting and ecosystem service valuation. Previously at UN Environment, she worked at the joint UN Development Programme- UN Environment Poverty Environment Initiative as Regional Advisor in the Africa Region. where she liaised directly with the country teams to develop and mainstream tools for sustainability and poverty reduction into national development planning.
Prior to the UN, she worked on Environmental and Food Security Framework Contracts for the European Commission and before that she worked mainly on community based natural resource management in Mozambique and various Latin American countries and pursued her PhD on community participatory tools and education for sustainability. She holds a master’s degree in foreign cooperation.
Jacob SALCONE
Technical consultant (Geneva, Switzerland)
Jacob Salcone joined TEEB in April 2018. As a technical consultant, he helps governments and researchers use microeconomic tools to quantify and value the human benefits of ecosystems and biodiversity.
Jacob previously worked for IUCN, calculating the economic value of marine and coastal ecosystems to inform resource management decisions in Pacific Island countries. He holds an M.S. in Agricultural and Resource Economics from Colorado State University and a B.A. in International Sustainable Development from the University of California, Santa Cruz. He is currently modelling the land-use change impacts of payment for ecosystem service programs in Mexico in pursuit of a PhD in Human Dimensions of Natural Resources from Colorado State University. He has conducted community development research in California and South America and helped rural communities in the Western US resolve water and sanitation problems.
WILLIAM SPELLER
Will joined the TEEB Office in November 2018 to work on the natural capital accounting and valuation of ecosystem services and the implementation of the TEEB for Agriculture and Food projects. Will is a development and agricultural economist with a decade of experience in public policy, advising governments on national development and agricultural strategies, and environmental policy frameworks. Prior to joining UN Environment, he worked at the United Nations Conference for Trade and Development, the World Bank Group, the International Institute for Sustainable Development and the Bank of England. Will holds a Bachelor of Economics from the University of Melbourne, a Master of Science in Economics from the Stockholm School of Economics, and a Master of Science in Environmental Management from University of London.
SARAH CHEROBEN
Programme Management Assistant (Nairobi, Kenya)
Programme Management Assistant
Sarah Cheroben has over 10 years of work experience in environmental field having been engaged in different aspects of programme design, implementation, management, monitoring and evaluation. She has experience conducting Environmental Impact Assessments (EIA) and Environmental Audits (EAs) having worked with the private sector and interned with Kenya’s national government Ministry of Environment and Mineral resources and the National Environment Management Authority (NEMA-Kenya).
She joined UN family as a National United Nations Volunteer in 2010 where she worked for the UN Environment Congo Basin Project “The Mayombe Transboundary project” within the Terrestrial Unit, Ecosystem Division. Her work was later expanded to cover Great Apes Survival Partnership and EU funded Mau Forest Projects. Her work also included support in the implementation of programmes such as Climate Change Adaptation, GEF Climate Change Enabling Activities and the UN REDD.
Sarah holds a master’s degree in Environmental Science (Agroforestry and Rural Development) and a Bachelor’s degree in Environmental Studies from Kenyatta University, Kenya.
MARCIO VERDE SELVA
Technical Consultant (Brasilia, Brazil)
Marcio worked in the TEEB office in Geneva between 2017 and 2018 and re-joined in January 2019. He is currently based at the UN Environment Office in Brazil. As a technical consultant he supports project stakeholders towards mainstreaming the consideration for ecosystems and biodiversity in decision making and public policy.
Before his specialization in environmental economics, Marcio worked for international non-governmental organizations such as Amnesty International and Greenpeace and have experience with multilateral negotiation processes, campaign engagement, and partnership building at various levels. Marcio holds a master’s in environmental economics from the University of Bologna, a degree in Economics and International Relations from the University of Western Australia.
Khushboo Purshotam UGANDAMAL
Finance and Program assistant (Nairobi, Kenya)
Finance and Program assistant
Khushboo has joined the unit as a Finance and Program assistant. Prior to joining the ESE Unit, Khush worked as a Finance assistant for the Finance Management unit in Ecosystem Division.
She started her UN career as an Intern at the United Nations Office at Nairobi (UNON) in 2016 and later joined as a UNV in September 2017. Before she joined the UN, she worked at the private sector as a Finance and Administrative Assistant.
She received her BA in International business with a concentration in Finance and she is currently pursuing her master’s in business administration at the United States International University- Africa. Outside of work, Khush enjoys travelling and meeting people from different cultures.
Anita Beck, Nicolas Bertrand, Mouhamed Diallo, Chloe Hill, Jasmin Hundorf, Evans Koech, Georgina Langdale, David Diaz Martin, Lena Mkwara, Edwin Onyach, Sharon Oseku-Frainier, Anita Sandana, Mark Schauer, Kavita Sharma, Ben Simmons, Selome Tadesse-Worku
Past Interns
Chelsea Baldino ,Francine Brondex, Luisa Sette Camara, Gabriella Cevallos, Alena Cierna, Dalton Conner, Tshala Gordon, Anna Heuberger, Celine Krebs, Sam McClendon, Gwenael Podesta, Alice Rosenfeld-Antunes, Marcio Selva, Wendy Shen
ABOUT TEEB
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Sublime Creatures of the Wind
Finally! As we write, favorable winds are pushing Swallow-tailed Kites northward over the Gulf of Mexico.
Movements of six GPS-satellite tracked Swallow-tailed Kites from 19 Feb - 11 Mar 2016
Welcome back, MIA, to your nest site in Miami, Florida! Although we never doubted his beautiful GPS track (yellow in the map) as the satellites charted his path, it’s now official: Our friend and fellow birder, Alice Horst, spotted MIA, antenna intact, near last year’s nest. He reached the U.S. on a welcome tailwind that pushed him ashore near Homosassa, Florida, then immediately headed south, safely over land for the last 280 miles of his 5,000-mile+ journey. Welcome, indeed!
Given their last satellite reports and the long-awaited southerly winds now on their tails, our two most-recently tagged Swallow-tailed Kites, Bullfrog from Florida’s Tampa Bay area and Lacombe from southern Louisiana, should now be safely ashore and heading toward last year’s nest territories.
Pace, from Jacksonville, last reported from the Yucatan Peninsula’s northern coast, no doubt awaiting a tailwind to speed him across the Gulf. He is most of the way home, but the most difficult and dangerous part of his trip lies just offshore.
Strong River, from Mississippi, is moving fast through Central America and is now in Nicaragua. Closing the gap is Palmetto, from South Carolina. She has made it safely over the Andes Mountains and is working her way through Panama.
Unfortunately, we have not detected a signal from Gulf Hammock of Florida since 10 February. Her last signal came from the massive rainforest headwaters of the Amazon River, near the border of Brazil and Peru. While we hold out some hope, it seems unlikely she is still alive.
Sea below, sky above, land beyond the horizon. Drama to spare! But there are more layers to these stories. It is the forces of the atmosphere that, ultimately, determine the fate of each one of these sublime creatures of the wind. It is all playing out as we write. We will tell you more soon.
Swallow-tailed Kites coming in off the Gulf at St. Marks National Wildlife Refuge on Saturday March 12, 2016.
Photo by Adam Kent.
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You are here: home » archives » July, 2007
Lies That Figure: Swimnews Strikes Again
While it’s true that British competitors from England, Scotland, and Wales did very well at last year’s Commonwealth Games, I have to take issue with their combined medal tallies being compared to that of Australia, as is being done at Swimnews right now. Reporting the “unretirement” of Britain’s Mark Foster, Swimnews’ Craig Lord states:
“He announced his retirement on the eve of a Commonwealth Games at which he failed to make a final, a Games at which he also predicted that British home nation swimmers would be drowned by Australia. In fact, British swimmers put in what was by far their best performance, falling just one shy gold of Australia’s gold tally and defeating the male Dolphins hands-down.”
Here is the record of swimming medals from the Melbourne Commonwealth Games as reported on their official website.
Country Men Women Combined
Gold Silver Bronze Gold Silver Bronze Gold Silver Bronze
Australia 3 6 8 16 12 9 19 18 17
England 7 5 1 1 6 3 8 11 4
Scotland 4 2 2 2 1 1 6 3 3
Wales 1 0 2 0 0 0 1 0 2
Lord’s comparison of the combined score of the three UK teams with Australia is rather cheeky. After all, three teams can enter three times the number of competitors; in this case potentially nine swimmers per event compared to Australia’s three. Combining the scores like this has all the validity of saying Pine Crest did not win the recent Florida Invitational Swim Meet because Dynamo, Tampa and Fort Lauderdale combined scored more points.
Lord says the British home nations fell “just one shy gold of Australia’s gold tally”. I think he means just one gold shy of Australia’s tally, or at least I’ve never heard of a shy gold medal.
Even if we go along with Lord and combine the gold medals, my reading of the table says Australia won 18 gold medals and the UK nations of England, Scotland and Wales combined won 15 and that’s three “shy” gold medals short. There seems to be a problem with Lord’s math.
Lord is right about the male gold medal score. The UK total of 12 gold medals is well ahead of Australia’s three. Even England on its own won seven gold medals compared to Australia’s disappointing three.
However, it is interesting to note that if one allocates a normal nine, seven and six points to first, second and third places Australia would beat England 117 to 104. So perhaps even the male result is not quite as “hands down” as Lord would have us believe.
Am I imagining it or does Craig Lord just make stuff up? In our opinion, his site ranks well behind Swimming World Magazine and Timed Finals for accuracy, content and interest. Lord’s is a “legacy website”, popular and highly visible because of its age. The domain was registered on August 7, 1995. Online, age is a huge benefit. Search engines include a website’s age in their assessment of its authority and trustworthiness. That Swimnews is only seven months younger than Yahoo undoubtedly allows Lord to get away with many of his inaccuracies and blunders.
PS: Special thanks to Rae Hoffman for the “legacy” label.
The Napier Aquatic Centre
I have a little nitpicky issue to bring up here. It could be considered silly, but I’ll post it nonetheless. It’s in regards to my favourite (you know, as in least favourite) swimming pool in the world: the Napier Aquatic Centre, formerly known as the Onekawa Aquatic Centre. They’ve changed their name and they have a new website, on which they lie.
Above is their page regarding the clubs that operate at the swimming complex. You’ll notice that they’ve included some nice pictures of the pool. The problem is, the two impressive underwater shots on either side of the charming hawk cartoon are of the bottom of the pool at the Wellington Regional Aquatic Centre, two hundred miles away.
This shot clearly shows one of the WRAC’s bulkheads, which separates the 50m pool into three sections. You can also see one of the WRAC’s underwater viewing windows, of which the Napier Aquatic Centre has… well, none.
Here, you can see the sharp drop-off where the WRAC’s 2m deep portion descends to a 10m deep diving well.
The Napier Aquatic Centre is a horrible complex, where I suffered every ill effect of over-chlorination, poor water quality and dreadful management from 1999 until 2002, when I moved to the United States. Before living in Napier, I trained at the fantastic facilities at the WRAC in Wellington, staring at its colourful tiles for four years and many hundreds of kilometers. I’m pretty well versed in what constitutes the bottoms of both those pools.
How cute of Napier to show someone else’s pool on their website. I bet they thought no one would ever notice.
The Pony Express
Swimwatch occasionally gets correspondence from readers who do not want to use the site’s comment’s facility. Most of this comes by email, but some is delivered by hand, by telephone or in conversation.
One of the nicest mothers on our team, in fact probably one of the nicest on any team constantly reminds me of the dangers of saying “stuff on the internet”. She prefaces many of her comments with the exclusion clause, “Now, this is not to be repeated on Swimwatch.” Telling you this has probably already got me into trouble. We had better move on.
One of our team’s ex-Board members, who, by the way, has intelligence to burn, is constantly pointing out areas where he thinks Swimwatch comments have gone too far. He took exception to the mention of Buck Shelford’s scrotum in a recent posting. Now I have to say that incident was a particularly proud moment in New Zealand sport. It was all the nation could do not to have illustrated highlights on bill boards throughout the country. My friend needs to realize that “down under” there is a tendency to refer to the male anatomy more than might be the case in the United States.
Just the other day the very good Australian runner Craig Mottram won a two mile race at the Prefontaine Track Classic Meet in Oregon. He was interviewed after the race by a very excited Dwight Stones, who asked, “What did you need to win a race like that?” The tall Australian did not hesitate, “Big balls,” he said. When Jane Copland first qualified for the New Zealand Open Championships she was only eleven years old. A good friend of mine was sitting next to us watching the race and was impressed with Jane’s efforts. When Jane climbed into the stands Pru jumped up, shook Jane’s hand and exclaimed, “You’re the only girl in the pool with balls.” Jane, who I must tell you, does not shock easily, did pause for a moment at that.
Several weeks ago we posted an item on Kate Zeigler’s world record 1500 meter swim. In it we discussed the comments Zeigler made about the importance of her faith. We said, “It is probably opportune to remind Zeigler and those boxing Christians of Mathew 6.6 “But thou, when thou prayest, enter into thy closet, and when thou hast shut thy door, pray to thy Father which is in secret; and thy Father which seeth in secret shall reward thee openly.” The scriptures appear to be saying that Zeigler’s prayers are best kept to herself.” Last week one of our Lutheran master’s swimmers went to her pastor seeking his views on the Swimwatch position. This morning she handed me a piece of paper which said, “Matthew 5:14-16, Acts 3: 21-23.”
I have consulted the recommended verses. Those in Matthew are commonly referred to as the “sermon on the mount”. In them we are told, “Neither do men light a candle, and put it under a bushel, but on a candlestick; and it giveth light unto all that are in the house. Let your light so shine before men, that they may see your good works, and glorify your Father which is in heaven.” Chapter Three of Acts makes a similar point. It says, “’A prophet will the Lord, your God, raise up from among your own kinsmen; to him you shall listen in all that he may say to you.”
So there you have it, the other point of view. There appears to be a contradiction. But I don’t think so. It seems to me to be perfectly reasonable to pray in secret and bear witness in public. It’s probably best at this point to take my team mother’s advice and move on.
Last week Swimwatch received a welcome email from New Zealand. It was in reply to a Swimwatch article called “Let’s talk about Contribution”. That article ended with the following point:
“Again, the North Shore experiment has failed to produce World Championship gold medals. It continues to demonstrate it is the wrong plan. Another losing performance in Montreal shows it’s time to change. New Zealand Swimming should get out of the Millennium Institute experiment. Develop a new national plan that strengthens swimming throughout the country – move away from the current narrow single site focus to a broad based national plan.
It’s all a distant memory now, but remember when Duncan Laing ( Dunedin ) showed us he could produce World Championship gold medals with his own five dollar bill and a decent swimmer. Moss (Stanford), Kingsman ( California ), Hurring ( Hawaii ), Simcic ( Christchurch and Berkley ) and Langrell ( Christchurch ) all did close to the same. Something Cameron and the North Shore Club haven’t been able to do with nearly all of New Zealand swimming’s best swimmers and most of its money.”
The email correspondence from New Zealand made the following additional point:
“Just thought I would back up the point made in LET’S TALK ABOUT CONTRIBUTION at the end of the article.
1 – None of the swimmers you listed ever won World Championship golds. All were wonderful swimmers
2 – The only quad of NZ swimmers to win World Championship Gold was Jon Winter, Paul Kent, Guy Callaghan and Trent Bray – all non Jan Cameron and North Shore.”
The correspondent is right. I apologize; Swimwatch should have included that team. By implication the email also points to a far healthier state of affairs when there was strength in New Zealand swimming from Dunedin (Loader), to Wellington (Winter), to Sydney (Kent) and south-of-the-bridge to Auckland (Callaghan and Bray). I understand Winter and Kent are both coaching in Auckland now. Winter did a great job coaching in Hawke’s Bay. Let’s hope he can do as well in Auckland. It would be great to see these two fine athletes produce a team that could take down the socialist backed North Shore. Don’t bet against them. They both have the quality Graig Motrum and Buck Shelford found so appealing.
Let us Kiss and Part
Sunday, July 22nd, 2007
Readers outside New Zealand, the UK and France may have missed this great photograph of rugby action. The photograph was taken during a recent test match between France and England. The action shown is a set play called a scrum where eight players from both sides pack down against each other. The ball is thrown between the two sides who then fight to capture and control the ball. In this particular scrum two players from France and two from England appear to be exploring the full meaning of contact sport. Probably of more concern is the location of the English flanker’s (that’s the position he plays on the side of the white scrum) hand up the shorts of his amorous team mate. I’ve played several games of rugby and know of no legitimate reason for having ones hand in that position. Of almost equal concern is the French number eight’s (that’s the position he plays at the back of the blue scrum) hand carefully and gently holding his team mates bottom.
Now I have to tell you Rugby is a sport that takes great pride in its masculinity. New Zealand history is littered with tough buggers who played the game. Colin Meads built fences on his King Country farm all week and destroyed opposition players on a rugby field on Saturday afternoon. Jaz Muller cut his hedge with a lawn mower. Buck Shelford played on against the French with his scrotum torn in half. Tiny White, Graham Mourie, Sid Going, Sir Brian Lahore, on and on these men are real men; masculine role models; everyone is a man’s man.
What damage has this photograph done? What disrepair has it caused? Generations of men have looked on at the deeds of the nation’s rugby players with awe and respect. Now we find some players are using the game to indulge in some deep throat exploration and up the shorts fondles. It feels like someone in the family has died. We’ve just been told Santa and the Tooth Fairy are made up. Degree, priority and place have been damaged beyond repair.
Rugby players, the press and ESPN may brand swimming as an easy sport; not nearly as tough as American football or New Zealand rugby. But, I tell you what. You don’t find swimmers patting each other on the bottom part way through a deck change or having a quick kiss over the lane lines after the men’s 50 freestyle. A few of the old guard may have shuddered at Amanda Beard’s Playboy photographs. But at least they are straight, honest and in the right place. Yes indeed, in swimming, a sport that, after all, involves a minimum of clothing, the rules of good behavior are being better observed.
But wait, I may have reacted too soon. New Zealand’s Radio Sport is telling me the photograph is a shame; it’s been staged as part of a campaign advertising the 2007 Rugby World Cup about to begin in France. I feel a wave of relief. These are not real players; men whose feats I’ve followed since childhood. It is just an act. But soon my fear returns. Staging a photograph like this is worse than if it was real. This is deliberate. It is planned to advertise the game. It is an image of the sport’s World Championships. It may be a pointer of where the game is going.
I’m confused and glad to be part of swimming; a sport that still has Amanda Beard and a skilled and modest deck change.
Junior Nationals
It’s Nationals time; first the Open and then the Junior Nationals. Our team has one swimmer in the Juniors and two in the Opens. I can’t wait. Those early mornings and hot afternoons have all been for this; the top of the domestic tree, it’s great. I’ve noticed some local team’s make great play of having swimmers qualify for the Open or Junior Nationals and then don’t enter the event. What’s the point of that? If you’re good enough to be there you should go and try and win the bloody thing. Besides, why stay at home when you can be where the best hang out.
When I came to the United States I was a bit unsure about the Junior Nationals. My experience of the New Zealand version had not been good. It’s a terrible meet. So bad that I refused to let Nichola Chellingworth or Jane Copland swim in it.
Juniors in New Zealand are the scene of too much hurt. They remind me of the bull fights I’ve seen in Spain. Exciting and colorful, but in the end dusty, bleeding, dead animals are dragged from the arena. New Zealand’s Junior Swimming Championships are like that. At the beginning of the week keen, enthusiastic, happy young people arrive full of anticipation, coached and honed to a competitive edge. Parents dash around the pool checking that their charge’s start list seed times have been properly entered and locating the town’s best source of pasta. Coaches patrol the pre-meet practice with all the intensity of an Olympic warm up. International swim meet promoters would die to be able to create the nervous energy present at the beginning of your average New Zealand age group championship.
By the end of the first morning’s heats you can detect the mood beginning to change. The problem is thirty swimmers enter an event, eight make a final, three get medals and one wins. Potentially there are twenty nine disappointed swimmers and fifty eight disappointed parents who can’t wait to get back to the motel for their treble gin and tonic to ease the pain. It’s a disappointment born out of expectations set far too high.
As each day goes by the mood darkens and deepens. An adult’s most valuable skill is providing comfort to another sobbing teenager. The transformation is stunning. The tremendous high of the first morning slumps during the day; is momentarily revived at the beginning of day two, only to slump even further. By day four all I want to do is get the hell out of there and make sure no swimmer of mine ever goes back. For someone whose heart is in seeing athletes soar, the New Zealand Junior Championships are not something I care to watch.
There is a good article on the US Junior Nationals in this month’s issue of the USA Swimming magazine “Splash”. In it USA Swimming seem to be aware that their event needed to avoid many of the problems characteristic of the New Zealand version. For example, they say, “Along the way, however, many coaches and others within USA Swimming saw a disturbing trend. Instead of a whistle stop on the way to senior national and international competition the Junior nationals were embedding themselves as a destination.”
The Americans have done some good things to avoid damaging the nation’s youth. First of all their event is not a normal age group meet. Everyone up to a relatively old 18 can swim in the event. This avoids youngsters being over exposed at too young an age. Secondly, the qualifying standards are really tough. They reflect the “older” cut off age. An athlete has to be pretty quick just to make the cut. There’s a fair chance swimmers that fast will have the experience and maturity to handle the occasion. Thirdly, names included on the meet’s list of alumni suggest the Juniors are working as a transition between Sectional and International athlete. “Splash” tells me that Gary Hall, Aaron Peirsol, Ian Crocker and Michael Phelps all swam here. That’s a pretty impressive list. It appears that winning is not essential either. For example, Phelps never won the event, but he seems to have come through unscathed.
I agree with the “Splash” conclusion. The meet is a fine occasion for transition swimmers to “test themselves against the best among their peers.” When all the good ones are there, win or lose, its sport at its best.
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You are here: home » archives » November, 2011
It Means More To Them
I have told this story before. It concerns Mohammed Ali who was arriving at Miami Airport. The driver of his car called the airport to arrange to park Ali’s car in a restricted zone that would allow the champion to get through the terminal quickly and avoid the pressing crowds that inevitably gathered when Ali appeared. According to plan, the driver parked in the restricted area and went into the airport to collect his employer. A few minutes later they emerged to find a parking warden, standing at the car, writing a ticket. The chauffer explained that, because this was Mohammed Ali, the airport authorities had approved the arrangement. The warden was incensed – just because Ali was the world heavyweight champion that did not give him the right to park anywhere he wanted – and defiantly stuck the ticket on the car window. The driver was about to argue when Ali gently put his hand on his shoulder and said, “Just take the ticket. It’s more important to him than it is to us.”
About four years ago Rhi had just returned to Florida to train with her old swim team. On her first afternoon there was some excitement around the pool; an Olympic Gold Medallist was back swimming at the pool. I was discussing the afternoon’s training with Rhi when the Pool Manager, a guy called Joe McNeely, came out of his office and strode purposely to where we were standing. “Has Rhi paid to get in he demanded?” “No” I said, “she is joining the swim team and the cost of her pool entry is covered in her coaching fees.” “I don’t care about that,” he said, “has she paid her coaching fees today?” I explained that it was Rhi’s first day back in Florida and her father, who lived in New York, would be paying the fees shortly. McNeely however was not to be deterred. Either Rhi paid her training fees there and then or the cost of pool entry was due. I paid him the four dollars. Clearly it meant more to him than it did to us.
Last weekend a West Auckland Aquatics’ swimmer called in at her boyfriend’s home. Visiting her boyfriend’s parents, at the same time, was the mother of three girls who used to swim at West Auckland Aquatics. She’s the same woman who said to me, “How could you?” when we secured the Court’s approval for Justin to be a member of Swimming New Zealand. On this occasion she asked our swimmer what plans she had for Christmas. Emma explained that she planned to have Christmas lunch at her grandmother’s home. “Oh” came the harsh reply, made crueler by the cutting Irish accent, “I’m surprised HE allows you to have Christmas Day off.”
There is no place in sport for people like her. Rhi, Jess, Justin, Erica, Nikki, Abigail and a dozen others work until they bleed with hurtful chlorine burns and she finds fault. She thinks it’s just fine to demean their efforts. But then, I guess it means more to her than it does to us. At least that’s what I told Emma.
And today I heard that New Zealand swimming official, Jo Davidson, may have been appointed to work at the London Olympic Games. If that’s true it is a fact beyond my comprehension. You see back at the 2002 New Zealand summer championships Jane Copland was favourite to win the 100 and 200 breaststroke. Shortly after the heat of the 200 one of the West Wave life guards came to where I was sitting and said he thought I should know that he had just taken Jo Davidson and two referees down to the underwater viewing windows below the West Wave pool. As he let them in he overheard Davidson tell the referees, “Now, Copland is swimming in the next heat and I will show you what to disqualify her for in the final tonight.”
It turns out the two referees were appointed to act in the finals session that night and Jo Davidson was setting out to ensure a swimmer whose father she didn’t like did not become a national champion. I went to the National Coach, Clive Rushton, and asked him to deal with a rogue official. To his eternal credit Clive took the complaint seriously and called for a hearing. Davidson looked as guilty as hell. And well she should. That sort of behaviour has no place in any sport. Anyone guilty of blatant cheating has no place officiating at an Olympic Games. Swimwatch analytics tell me that there are regular Swimwatch readers in Lucerne, Switzerland. I can only hope this report causes them to alter one of their appointments to the London Olympic Games. Swimming New Zealand will never do anything about her. The bunch of crooks in Wellington probably think Davidson behaviour represents all that’s good in the sport. Knowing what she is capable of they keep putting her name forward as a New Zealand official.
Finally, I heard today that Emily Thomas has just retired. That’s a shame. She is a very good swimmer who represented her country with distinction. Her bronze medal in the 50 meters backstroke at the Pan Pacific Games last year was New Zealand’s best performance since the Jeffs, Simcic, Loader and Langrell era. Who knows what the reasons are for her, all too early, retirement. What is inexcusable is that she has gone without a mention by Swimming New Zealand. This athlete represented the sport of swimming in New Zealand with absolute commitment. Swimming New Zealand has a duty to report and applaud her career. Ignoring her is the sort of inexcusable bad manners we came to expect during the Cameron era. It appears Miskimmin’s hired help know no better.
Mohammed Ali is right. The bad behaviour of the parking warden, Joe McNeely, a mother with an axe to grind, Jo Davidson and Swimming New Zealand is best ignored. Ali’s ability to turn the other cheek deserves the utmost respect. In the meantime us lesser mortals will write the buggers up on Swimwatch.
Posted in New Zealand | 18 Comments »
The Good Guys Gather
The comments posted on the Melissa Ingram story made interesting reading. I don’t know whether Swimwatch makes a difference or not. I suspect readers comments carry more weight in Wellington than what I say. The author can easily be written off as “he’s always been a trouble maker.” Fitting Tom and Sensible Swimming and Stevie into the same throw away likeness is more difficult; especially when Tom and Sensible Swimming and Stevie so often express views different from those in the main article. Certainly Swimwatch – with a healthy diet of comments – has turned out to be good for swimming.
The sport is going through a period of being badly managed by a Butler, Wrightson, McDonald, Cull and Byrne; five individuals who know nothing about the industry they lead. And it shows. It’s the reason they keep making mistakes like the open water prize money fiasco. People with a deep understanding of elite swimming would not make those errors. The CEO of SPARC, Peter Miskimmin, has backed a bunch of losers. The first rule of good management is to pick good people. Miskimmin has failed that test. In this case he has more than failed. Swimming people on the Swimming New Zealand Board voted four votes to three to get rid of Butler and Wrightson. Miskimmin ordered the vote overturned. Democracy clearly has no standing in his world. At that moment the position of Butler and Wrightson changed. They are no longer Board appointed independent directors. They are servants of Peter Miskimmin, hired to do his bidding. SPARC now has four representatives on the SNZ Board, two observers and two voting members. SPARC runs the sport. All I can hope is that one day Miskimmin is held responsible for the mess he has created. What he did to this Board’s vote is inexcusable dictatorship.
Some readers may have noticed that Swimwatch has been silent on the subject of Auckland Regional Swimming. Normally there would be some comment on an administrative shortcoming. But no, not in the case of Auckland. Why is that, you may wonder? Well, and much to my surprise, Auckland Swimming is bloody well run. I’ve coached here for eighteen months and Auckland is as well run as the best I’ve seen. Brian Palmer does a good job. The Auckland Board do a good job. Sure, I could moan about some small issues, such as holding Championship meets in November. When it’s time to prepare for the summer racing season Auckland puts on two Championships. It is crazy. However all that is insignificant in comparison to the terrific job the rulers of Auckland Swimming do in managing the sport. New Zealand Swimming would be a better place if Peter Miskimmin was appointed grounds man at the National Hockey Stadium in Berhampore and Brian Palmer and the Auckland Board pitched their tents inside Pelorus House for six months.
For example, about two minutes ago I got a text message from Auckland Swimming. There is a swim meet on in Auckland this afternoon. It is one of the Championships I was complaining about earlier in this post. One of our swimmers was disqualified. Unfortunately Coach Kimberly had left the pool just before the disqualification came to light. The Auckland text asked if I was happy for the disqualification to be processed without the required coaching signature. I agreed, but most of all I was left with the thought that here was an organisation that went the extra mile. Florida Gold Coast Swimming do most things very well, but you’d wait a bloody long time to get a disqualification slip out of them in the same circumstances. I happen to know that’s true. At a JO Meet in Coral Springs, Rhi Jeffrey and I once tried in vain to get a slip of any sort. Anyway, Auckland Swimming – thank you.
And now to the subject of this article – The Good Guys Gather. Tomorrow afternoon I have to collect Lara from Manukau. She is arriving on something scarily called, “The Naked Bus.” She’s coming to Auckland to live and swim at West Auckland Aquatics. Her text message this afternoon tells me she’s having trouble packing. I can well imagine that is true. She says her mother has told her to “keep it simple”. Good advice but, I suspect, also very futile.
From Manukau bus station we move on to Auckland Airport to collect Rhi who has been home to Boston for Thanksgiving. In one weekend, a General Election and the return of Rhi; that’s a lot for one small country to handle.
Jess has finished her final year of High School exams; calculus, which she tells me “wasn’t too bad.” I am concerned though. I did hear her talking about a swimmer she met during the recent World Cup meets in Singapore and Beijing. I got the impression this example of all that’s best in swimming came from a nation in the south of Africa.
Nikki returns to New Zealand from a holiday in California. With all that she has been through the break will have done her well.
Abigail has stolen a march on her team mates and has used the final week of her holiday to swim 100 kilometres.
And Bekki, looking tanned and incredibly fit and sporting a new short blonde hair style, that suits her, has arrived back from Boulder, Colorado. She competed in the elite section of the Auckland World Cup triathlon and is now preparing for races later in the New Zealand summer.
The rest of us have enjoyed our final week of holiday. A holiday before what, you may ask? Well, on Monday we begin the build up to the New Zealand Olympic Trials being held in Auckland from 25 March to 30 March 2012. We are aiming to take a team of nine to the trials. It is an important event for West Auckland Aquatics. How successful we are will be determined by what happens in this next eight weeks. We have five swimmers aiming at or close to 100 kilometres a week through the eight weeks. As long as it is swum at a firm pace we should have a good championship. In eight weeks I will let you know how they have done. Get on, that is, through the 100x100s, the 8000 medleys, the 10,000 straight swims, the 6×1000 and 4×1500. On Monday they have 10,000 metres swimming, 30 minutes of heavy weights and 20 minutes running in the morning and 8000 metres swimming in the afternoon. All the stuff that the critics say will see them into early retirement – all the stuff that might just win them a swimming race sometime between the 25 and the 30 March next year.
Posted in Training | 4 Comments »
New Zealand’s Best Swimmer
Wednesday, November 23rd, 2011
Last Sunday the Herald on Sunday published two very important articles on swimming. The first covered the Machiavellian Board Room antics of Miskimmin and Butler. Andrew Alderson’s article was a most important insight into the management of sport in New Zealand. It is unusual for the main stream media to publish a story like this one. New Zealand is a small country. Just about every sport’s journalist depends on Sky Sport for a portion of their income. As you know Jan Cameron’s husband runs Sky Sport. The effect was that, for a decade, swimming got a free ride from New Zealand’s castrated sport’s journalists. Except, it seems, when Alderson decided to inform New Zealand about the political trickery practiced by SPARC and Swimming New Zealand.
It is pretty well accepted that SPARC is now in full control of what goes on in Swimming New Zealand. Miskimmin with his money and hired guns on the Swimming New Zealand Board runs the show. He decided who would be Chairman and President. He appointed the two SPARC observers and nominated and voted for himself to run the latest Review Committee. You can’t buy a paper clip down there without processing a requisition order through the CEO of SPARC. Whatever happens in London is down to Miskimmin. There should be no misunderstanding on that point. The successes and failures of the New Zealand team at the London Olympic Games belong to Peter Miskimmin. London will not be a test of how good New Zealand swimming people are at their job. London will be a test of Peter Miskimmin’s management and the men in dark suits he hired to do his bidding. Swimming people wanted Butler and Wrightson gone – out of there. Miskimmin said they had to stay. Well, Peter, you made the decision, you live with it. You backed the slick insurance salesman from Nelson. We think you were wrong. But now you stand and fall by consequences of decisions that are your responsibility.
Actually it was the second article by Andrew Alderson in last weekend’s Herald on Sunday that really caught my interest. In it Alderson discussed the progress of Melissa Ingram. In particular I was fascinated by the last paragraph of his report. Here is what it says.
Ingram is prepared to leave nothing to chance. The Herald on Sunday understands that could mean moving on from current coach Scott Talbot – potentially leaving the high performance coach with no Olympic swimmers – but she is too loyal to say.
“I’m now in the process of planning my pathway to London and I’m hoping Swimming New Zealand will help me with that.
“I was disappointed with my campaign at the world championships [15th in the 200m backstroke semifinalists], some mistakes were made with my programming. That won’t happen before London.”
I have spoken about Melissa Ingram before on Swimwatch. I would not blame her for being very annoyed that I refer to her without her permission and without ever having spoken to her. For that I apologise. However, with her indulgence one more time, I was taken with what this report said and by what it failed to say.
I first saw Melissa Ingram swim a couple of years ago at World Cup swim meets in Moscow, Stockholm and Berlin. When I first noticed that a swimmer from the New Zealand Millennium Institute was entered, I was prepared to be hugely under-impressed. I thought, here comes another product of the Cameron welfare state. My first surprise was when she turned up in Moscow on her own. Not only that, she went about her business with dignity and calm. But best of all she was a winner. This sceptic was wrong. I was hugely impressed; proud to come from the same country as this fine athlete.
Some of you may know that I spent several years watching the likes of Quax, Dixon and Walker compete and beat the best runners in the world. These were tough professional men doing their job and doing it well. They were all Olympic medallists. Two of them were world record holders and the third won the New York marathon. After watching Melissa Ingram in three meets she was their equal in every way – quite simply New Zealand’s best swimmer. And, in my view, she still is.
If Melissa Ingram struggles in London she will have been let down by Swimming New Zealand and its SPARC owners. She will not have let them down. Melissa Ingram knows more about swimming than anyone running Swimming New Zealand. She knows exactly what will work best for her through to London. For what it’s worth, my advice to Pelorus House is to find out what Melissa Ingram wants and give it to her. If she wants to work out on the dark side of Mars, find a way of getting her there. If she wants McDonalds after practice every morning, send her the vouchers. If, as this article suggests, she wants to change her coach, support that decision. Every swimmer of Melissa Ingram’s standing, must have the right to be coached by someone of their choice. Clearly she has a plan in mind for what she needs to perform well in London. Make sure she gets it. Melissa Ingram is one of the world’s best swimmers. Swimming New Zealand should start treating her like one.
There is a philosophy behind the stance taken in this article. The vast majority of athletes who win the Olympic Games are men and women, not boys and girls. Cameron was a control freak who insisted on disciplines appropriate for grade school but not relevant for adults wanting to win the Olympic Games. Her juvenile treatment of the team was one reason New Zealand performed badly during her time in charge. The remnants of that regime are still there and will take time to wane. But, for Melissa Ingram at least, wane they must if New Zealand is to change its swimming fortunes at the London Olympic Games.
SPARC: A Case For The Ombudsman
It hasn’t been the best of weeks for the New Zealand government. The Prime Minister, John Key, has twisted and turned to avoid a tape of his conversation with ACT candidate, John Banks, being published. Key’s deceptive behaviour suggests there is something on the tape that he will do anything to avoid being made public. One week before a General Election and John Key is behaving like a guilty creep; walking out of meetings, refusing to answer questions and dodging reporters. Deception, it seems, is learned behaviour. The Prime Minister’s underlings in SPARC are proving equally adept at covering their tracks, hiding their bad behaviour. Is dishonesty becoming a defining feature of the John Key government?
On 3 November 2011 I wrote to Murray McCully, the New Zealand Minister for Sport and Recreation, requesting information held by SPARC. Here is a copy of my email.
In accordance with the terms of the Official Information Act 1982 I am making a request for information held by the Ministry of Sport and Recreation and in the offices of the organization known as SPARC and in the office of Swimming New Zealand.
In particular I am requesting a copy of the minutes and mediation agreement of a meeting held recently between several regions of Swimming New Zealand known as “The Coalition of Regions”, Board members of Swimming New Zealand and members of the Government funding organization (including the CEO Peter Miskimmin) known as SPARC. The agreement reached at this meeting has been referred to in the press as a Record of Mediation Agreement. This is the document that is the subject of this application for Information.
The Mediation Report is held in the offices of SPARC and Swimming New Zealand and is therefore covered by the Official Information Act 1982. Thank you for your consideration.
This morning I received a reply from Peter Miskimmin, the CEO of SPARC. Here is what Miskimmin said.
I am withholding the mediation agreement under section 9(2)(ba)(i) and 9(2)(j) of the Official Information Act. Under s 9(2)(ba)(i) it is necessary to protect information which is subject to an obligation of confidence and its release would be likely to prejudice the supply of similar information from the same source. Under s 9(2)(j) it is necessary to withhold the information to enable SPARC to carry on negotiations without prejudice or disadvantage.
There should be no misunderstanding of what is going on here. Peter Miskimmin is walking roughshod over the rules of swimming. In particular he is in almost daily breach of FINA Rule 13 that says, “These measures include the suspension or the expulsion from the FINA membership if any act by any governmental or other body provokes the activity of the NF or the making or expression of its will to be hampered.”
The Swimwatch application for the Record of Mediation Agreement was made in order to gather further evidence that the CEO of the New Zealand’s sport funding organization, SPARC, is out-of-control. At every turn he is “hampering” the “will” of Swimming New Zealand. Right now he effectively runs the place, lock stock and barrel. FINA do not like governments running their affairs. If Miskimmin’s authoritarian behavior was happening in some central African dictatorship, imagine what we would be saying.
Naturally I expected Miskimmin to decline my request. Open government is not this government’s most endearing quality. Look at the effort Miskimmin made to hide SPARC’s involvement in the drug laced supplement’s scandal. Of course he was going to hide the extent of his direct involvement in the management of Swimming New Zealand. Twice I’ve heard him stand up in public meetings and claim that he would never get directly involved in a sport’s governance structure. All that means is twice I’ve heard him lie like a flat fish. Why doesn’t he tell the truth? He’s up to his eye balls in managing the affairs of Swimming New Zealand.
Anticipating Miskimmin’s response I prepared an appeal to the New Zealand Office of the Ombudsman. The appeal is pretty self explanatory and is copied in full below.
OFFICIAL INFORMATION COMPLAINT
Sequence of Events
On the 3 November 2011 a request was made to the Minister for Sport requesting information known as the Record of Mediation Agreement. This document was an agreement reached between several regions of Swimming New Zealand known as “The Coalition of Regions”, Board members of Swimming New Zealand and members of the Government funding organization (including the CEO Peter Miskimmin) known as SPARC. A copy of the email request is attached to this complaint.
The request for information was forwarded to SPARC for their consideration.
On Friday 18 November 2011 a reply was received from SPARC declining the request for a copy of the Record of Mediation Agreement. A copy of the SPARC letter is attached to this complaint.
On Monday 21 November 2011 this Official Information Complaint was forwarded to the Office of the Ombudsman.
Reason for Declining the Request for Information
The SPARC letter from CEO, Peter Miskimmin, explained the reasons for declining the request for information as follows:
Discussion of SPARC’s Reasons for Declining the Request for Information – One
The first reason is section 9(2)(ba)(i) of the Official Information Act. SPARC describe the terms of this section as protecting “information which is subject to an obligation of confidence and its release would be likely to prejudice the supply of similar information from the same source.”
The wording used in the Act is as follows, “protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information — (i) would be likely to prejudice the supply of similar information, or information from the same source, and it is in the public interest that such information should continue to be supplied.
For the CEO of SPARC to suggest that providing a swim coach in Auckland with an agreement reached between several swimming regions and Swimming New Zealand would be likely to “prejudice” the supply of future information from the same source has no merit.
Swimming New Zealand receive two thirds of their annual funding from SPARC. Without SPARC Swimming New Zealand does not exist. SPARC has two appointed observers permanently sitting on the Swimming New Zealand Board. Not one decision is made at Swimming New Zealand without SPARC’s approval. It is important to remember that the purpose of this information request is to investigate the strength of SPARC’s involvement in Swimming New Zealand; not its weakness.
To suggest that there is the even the slightest chance that Swimming New Zealand would decline a request from SPARC for further information because SPARC was required to provide the Mediation Agreement to an Auckland swim coach is beyond belief and has no merit.
This reason for declining the request needs to be seen for what it is – a charade of an excuse designed to avoid SPARC’s influence over a sporting body in New Zealand becoming known and conveyed to the world headquarters of the sport.
It is certainly in the public interest that the extent of SPARC’s involvement in the management of swimming becomes known to the members of Swimming New Zealand.
It is even more absurd to suggest that the Coalition of Regions would withhold information from SPARC if the Record of Mediation Agreement was made available. I know many of those involved in the coalition. Most would welcome a FINA investigation into SPARC’s activities. Far from causing them to withhold information, the success of this application is very likely to encourage them to more generous with information in the future.
The transparent failings of this reason given by SPARC prompt us to request that the Office of the Ombudsman recommend that the Record of Mediation Agreement be released.
Discussion of SPARC’s Reasons for Declining the Request for Information – Two
The second reason is section 9(2)(j) of the Official Information Act. SPARC describe the terms of this section as protecting the Mediation Agreement “to enable SPARC to carry on negotiations without prejudice or disadvantage.”
The wording used in the Act is as follows: “enable a Minister of the Crown or any department or organisation holding the information to carry on, without prejudice or disadvantage, negotiations.”
Using this section to avoid making the Mediation Agreement public is also a case of finding any reason to avoid SPARC’s public responsibility to provide this report. The Mediation Agreement does not cover ongoing and extended negotiations. It covers an agreement reached at one meeting that decided to form a couple of committees to investigate the management of Swimming New Zealand. Those Committees have now been established and are going about their work. There is no reason for any further, extended negotiations on this subject. Effectively there are no further negotiations to protect.
The intent of the Act is to protect ongoing and serious matters of state being improperly used. This application for the release of the Mediation Agreement comes nowhere near that level of importance. No serious future negotiations are being put at any risk by the provision of this information.
As this complaint has already mentioned, future discussions between Swimming New Zealand and SPARC would not be affected in any way by the release of this report and discussions with the Coalition could very well improve.
SPARC are clearly very concerned at the possibility of this information becoming public. But their concern has nothing to do with protecting SPARC’s relationship with Swimming New Zealand and the Regions. SPARC’s interest, in this case, is to protect itself. And that is not a reason offered by the Official Information Act.
Section 9(2)(j) is not a valid reason for declining to provide the Mediation Agreement Report. We would ask the Office of the Ombudsman to rule that the Mediation Report be supplied in accordance with the terms of the Official Information Act. It is in the public interest for that decision to be taken.
This complaint is made in the belief that no harm will come to SPARC, Swimming New Zealand or the Coalition of Regions by the release of the Mediation Agreement. In fact it is probable that only good will occur.
Certainly the sections of the Act identified by SPARC as protecting the release of the Mediation Report were never intended to be used in a case such as this one. This is not an ongoing sensitive negotiation. There are no security or commercial factors at play that would be likely to damage the state or the public interest.
This is simply a record of events that took place at a meeting held to discuss the future of a sporting organization. It is in the best interests of the members of the sport that they are made aware of what went on in that meeting. SPARC may want to hide their involvement. That does not make it right. The Act was put in place for a situation just like this one. We would ask the Office of the Ombudsman to rule accordingly.
David Wright – Swim Coach, Auckland
Our Club Ends Its Season
When you’re up to your arse in alligators, it hard to remember that your goal was to drain the swamp. Coaching a swim team in West Auckland is a bit like that. The objective is to create an environment where young people can explore their swimming potential. The side show is a bunch of crooks in Wellington whose behaviour needs to be addressed. Clearly, it is important that the time it takes to write this blog and talk swimming politics does not detract from more important swimming matters.
So how successful were we this past New Zealand winter season? I suspect most readers will be aware of our attention to the Wellington side show. Readers of Swimwatch have clearly been interested in the antics of Coulter, Cameron, Byrne and Butler. Our quarterly readership numbers have increased by 150% during 2011. We still have a huge number of honest readers who have Swimwatch delivered in a “plain brown envelope” and deny all knowledge of the seditious blog. However a few hundred New Zealanders every day can’t possibly be wrong.
What about the swimmers? Have we drained the swamp? I think so. We began this season with no swimmers ranked in New Zealand’s top ten performers. The standard of our swimming was not good. I avoided making it obvious but I hated going to meet after meet and not winning a race. That had to change. The first sign we were beginning to turn the corner was at the 2011 New Zealand Division Two Championships in Rotorua. Erica McGough and Alex Tonkins won their events and most of the team made finals. We were at a national meet and we were winning. A refreshing breeze was blowing through the club and it felt good. Swimmers who bought into the distance-based program were making progress. The critics were still vocal but the results were clearly moving in our direction.
Results at the Nationals in Wellington were better than the Club had done in several years. Rhi got a bronze medal in the 50 freestyle. Jane did one better and got two thirds in the 50 and 200 breaststroke. Jessica’s fourth in the 800 freestyle was a sign of better things to come. Amelia completed the list of swimmers making finals in this national event. We were getting better. Our swimmers were winning medals. They were not gold but nevertheless it was progress.
The end of the 2011 winter season was dominated by four important swim meets – the Auckland Level One Meet, the WAQ 50s Meet and the World Cup Meets in Singapore and Beijing. The majority of the team were involved in the two Auckland Meets while Jessica was signed up to swim in Singapore and Beijing.
Rhi won the 100 freestyle at the Level One Meet (57.17) and the 50 freestyle at the WAQ 50s Meet (26.38). Both swims qualified Rhi to swim in the US Olympic Trials, scheduled for Omaha, Nebraska from 25 June to 2 July 2012. Being Rhi, her swims were reported on the authoritative American Swimming World Magazine website. The knockers of her accomplishment didn’t take long to appear. Here is a comment published by one genius. “Making cuts for Trials used to be a meaningful accomplishment. It’s a shame the standards are about where they were in the 1980s. It cheapens the meet to have the cuts so slow.” First of all the comment just isn’t true. In 1980 Rhi’s Auckland swim would have placed her fourth in the Olympic final. In 1984 her time would still have made the final of the Games 100 freestyle. More importantly, since Rhi arrived in New Zealand, in seven months, she has lost 30 kilograms (66 pounds) and transformed herself from an overweight ex swimmer to an athlete preparing to compete at this sport’s highest level – because that’s what the US Olympic Trials happen to be. Don’t knock Rhi Jeffrey. “Come backs” are not easy. Usually they don’t work. In Rhi’s case she is very much in the business of proving the sceptics wrong.
Being Rhi’s boy friend obviously hasn’t hurt Justin’s swimming. In six months his 100 fly has improved from 59.79 to 57.11 (4.5%). Probably his best swim this season was his last race in the WAQ 50s, the 50 freestyle. He was swimming against three or four very good swimmers from Roskill who all had very much better records than Justin’s modest 25.26. Much to my surprise and probably to the surprise of the Roskill guys, Justin swam 24.43 (3.3% improvement in one race) and won the bloody thing. I did say to Justin afterwards to enjoy the moment. He took those Roskill guys by surprise this time but it won’t happen again. Next time he will have three very good swimmers after his hide. They are also very well coached by Paul Kent. He wasn’t New Zealand’s (and one of the world’s) best swimmers for ten years without knowing how to win a swimming race. This next build up better be one of Justin’s best. I have a feeling he’s going to need it.
And then there is Jane. What can you say about Jane? She fifteen and says she’s scared of her own shadow but had no problem bungy jumping during the team’s training camp in Rotorua. She won two bronze medals at the Short Course Age Group Nationals and won all four breaststroke races at the Auckland Level One and WAQ 50s meets. Jane ended the season with a best ranking of tenth in New Zealand Open Women’s breaststroke and second in her age group. This season’s build up will be important for Jane. She hates build ups, but her breaststroke will benefit from the aerobic conditioning.
Jess ended the season in Singapore and Beijing. The experience of World Cup swimming was a revelation. Her short course pre-season best in the 400 improved from 4.22.86 to 4.14.68 (3.1%) and her 800 from 8.59.48 to 8.47.66 (2.2%). Her best open New Zealand ranking however occurred early in the winter over 1500 meters. Her long course time of 17.09.86 ranked her third in the country. Jess is a first class competitor, as tough as nails, as honest as the day is long – all the qualities required to be very good at this sport. She deserves all the success in the world. It is a privilege to be her coach. Oh, and just as important – Jess too did the bungy at training camp in Rotorua.
There is a league of others at WAQ who have progressed well this winter. I have told you Nikki’s story. Abigail improved her 200 breaststroke by 4.7%. In one season that is huge. Xavier, Israel, Amie, Lavinia, Billy, Hannah and a dozen others all had good seasons. The stars tend to hog the limelight but the improvement of the team is just as good, just as valid, just as important.
At the end of the season I am pleased. A WAQ swimmer is ranked in the New Zealand top ten swimmers in every woman’s freestyle event from 50 to 1500 meters. A WAQ swimmer has qualified for the US Olympic Trials in two events. A WAQ swimmer has qualified for three World Cup finals and achieved a best place of fourth. WAQ has five swimmers ranked in the top ten in at least one event in the open or age group New Zealand rankings. Yep, in spite of the best efforts of the alligators in Wellington who run this sport, our guys have drained the swamp, not too badly at all.
Posted in Racing | 4 Comments »
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The Finish Line: Bahamas Baseball Federation Makes'a Move That Should Be Commended'
As of Friday, January 19, 2018
Brent Stubbs
By BRENT STUBBS
bstubbs@tribunemedia.net
THE Bahamas Baseball Federation’s decision to cease all operations and allow the Bahamas Baseball Federation to carry out their mandate as the governing body for baseball in the country is a move that should be commended.
Over the years, several attempts have been made under a number of ministers of sports, but this move was made without any government interference as the federation leadership felt it was time for them to cease their operations.
Teddy Sweeting, who served as secretary general when the federation was formed in 2003 under the presidency of Greg Burrows, sat in the chair as the president when the decision was made during their annual general meeting in December.
It must have been a hardline stance for Sweeting to take, following efforts of his predecessor, Craig ‘Salty’ Kemp, who had actually signed an agreement with the BBA to reunite prior to the death of its long-time president, the late Jim Wood.
The BBF took the stance after members of the Junior Baseball League of Nassau, the Eleuthera Junior Baseball League, the Grand Bahama Little League and the Grand Bahama Senior League made a decision to rejoin the BBA in March 2017.
Still holding out and continuing to function separate and apart from the BBA is Freedom Farm.
It’s unlikely that Burrows, who heads the organisation, will be added to the mix. The past occurrences that led to the breakaway is still a hot item on their agenda, so don’t expect them to deviate their decision.
There are some who commend the federation for making the move and there are others who condemn them, but in the best interest of the sport, all parties need to come back together under one umbrella.
As Sweeting pointed out in his interview with The Tribune, the International Baseball Federation had advised them that the Bahamas is too small to have a division at the top of the governing body and they should come together and form just one body.
The federation, under Sweeting’s leadership as secretary and president, made great strides in helping to develop the sport through the introduction of the National Baseball Championships in 2003, the same year that they were formed.
The championships was able to provide the level of competition that was lacking in the country where all of those islands playing baseball had an opportunity to come together and compete, albeit at the junior level.
As a result of the various leagues that played under the federation banner, a lot of young men got exposed to a higher level of the game and were able to either leave high school to complete their education in the United States, earned athletic scholarships to colleges or received professional contracts.
Some of those players were on display two weeks ago when Todd Isaacs Jr and Lucius Fox staged the successful inaugural ‘Don’t Blink’ Home Run Derby on Montagu.
The downfall of the BBA is that since the inception of the BBF, there has been a drastic decline in the senior programme, due mainly to the dismantling of the Andre Rodgers Baseball Stadium. But over the past two decades, there has not been any senior league played, except for the games that both Freedom Farm and JBLN incorporated into their programme, while Grand Bahama continued to provide the avenue for their senior players to perform.
Sam Rodgers, who assumed the role of president after the death of Wood, said it’s their intention to work with all parties concerned for the betterment of the sport.
Hopefully this decision by the BBF will help to reunify the sport.
In making the announcement, Sweeting said they agreed to the following three points:
• Suspend all national operations until the Bahamas Baseball Association’s elections are held in 2020.
• Encourage all baseball leagues (members of the BBF and non-members) to seek membership in the Bahamas Baseball Association.
• BBF to support the BBA, wherever needed, with the hosting of the 2018 National Baseball Championships.
Over the years, Wood was adamant that they wanted to reengage all parties and hold elections so that everybody can have a say in the direction of the sport.
As a result of the revised constitution that will only allow the member associations and not the executives to vote, Sweeting said they gladly decided to cease operations and prepare for the next elections tentatively set for 2020.
In the meantime, there is obviously a lot of concern about the continuation of the national championships, which will now be the responsibility of the BBA.
Last year, Rodgers said the BBA does not have any intention of running any leagues, but will only be looking at competition at the national and international level.
So it’s going to be interesting to see if the nationals are on their agenda and if it gets the attention that it did under the federation. It will be disheartening if it doesn’t come off, or if it is not successfully ran.
In recent years, Freedom Farm has declined to participate in the nationals so this might be a good time to get them back into the mix and eventually reengaged in the affairs of the BBA.
CARIFTA Fever
With just about two months to go for the return of the CARIFTA Games, the Bahamas Association of Athletic Associations is encouraging the general public to come out and purchase their tickets.
The biggest regional games, organised by NACAC, will take place over the Easter holiday weekend and is expected to attract, if not all, the majority of the 27 member countries.
Jamaica is the perennial kingpins, having dominated the three days of competition for the past 33 years. In fact, the Bahamas was the last country to win the title in 1984.
This will mark the eighth time that the Bahamas has hosted the games, which was started in 1972 by Austin Sealy. And each year, the fans have shown their support in Team Bahamas trying to dethrone Jamaica.
Tickets are already on sale and are priced at $5 for general seating, $10 for bronze, $15 for silver and $20 for gold. There is also three-day packages that consist of $50 for gold seats, $40 for silver and $25 for bronze. There are no three-day packages for general seating.
Get your tickets and come out and cheer on Team Bahamas in their quest to dethrone Jamaica here at home once again.
Bahamas Baseball Association is governing body
THE FINISH LINE: BBA seems to be headed in the right direction
'BASEBALL IS BACK'
THE FINISH LINE: ‘I commend the Bahamas Baseball Association for taking stand to unite’
BBF set to host annual nationals in Grand Bahama
sangeej 1 year, 5 months ago
But over the past two decades, there has not been any senior league played, except for the games that both Freedom Farm and JBLN incorporated into their programme, while Grand Bahama continued to provide the avenue for their senior players to perform.
The Last Senior League Baseball in Nassau, was 2006 just before the stadium was closed to the New Providence Amateur Baseball League, the League Hosted a few games at the Pinewood Baseball field in 2007 and again in 2016, but those seasons did not last.
the Bahamas Baseball Federation was formed in a Conclave sponsored by the Ministry of Sports in 2003, and it was just dismantled through an e-mail that was sent to less that half of its registered members. What is happening now, is that hard working people are being made out to be Villains; when you treat hard working people whom work specks for them with no respect, do you think they will join you especially that you really don't have anything to offer them, it was done wrong plain and simple, and it was intentionally done that way. I understand everyone whens this issue to be resolved, so consider it resolved with the 2 really active leagues.
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