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Bid Procedure Knowledge Base

I placed a bid for a hud home through my agent and she messed up the initial bid.? I placed a bid for a hud home through my agent and she messed up the initial bid. The loan amount is correct but the closing costs and down payment amounts are incorrect. I won the bid but need to make adjustments to it. How can I do that without having to go through the bidding process again? If I can at all. What is the procedure for it all.
I know how to play bridgeI donot know the procedure, How does it woek? Can we watch a game being played, it would let me know how it works, where to click to pass or bid, congratulate players for good play.
how should i bid on ebay? what is the procedure to bid on ebay? i tried to register on ebay ,but last sep it needs my credit card details.does every body has to give credit card details to bid sell ??how should i register without giving my credit card details .is there any way
Can you bid for a car or motorcycle in usa over ebay from international destinations? I live in malaysia.? i fancy the idea of bidding for a used car or bike in the usa over ebay. am i allowed to do that? if i win the bid, can someone advice me on how to go about with the proper procedures getting the items back to malaysia? can i seek the help of courier companies to handle the shipment?
What is the procedure of buying auctioned homes after seeing an ad in paper, check liens, Titles, mortgage? How do you check for liens and taxes, what other items should be checked? The ad says "beneficiary may elect to bid less than the total amount due", what do they mean, and who is the beneficiary? If people are still living @ the property, how does the buyer inspects, or takes possession of the property since the ad claimes " the sale in an 'as is' condition, without covenant or warranty, regarding title, possession or encumbrances to satisfy the "indebtness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, pluse fees, charges and expenses of the Trustee and of the Trusts created by said Deed of Trust"? Looks like there are so many legal language that I like to know exactly what is involved? Also Is it O.K. to approach owners, and what should be offered? A property is auctioned for smal amount of backed association dues, what happens to Mortgag? Any of you pros out there, anyone with experiece, anyone who actually gone through this procedure, and got properties in auction, through ads in the local newspaper? Also somebody was advising of going out there and purchase 2nd loans and get 15-17% interest on it?
Walk me through the process of buying a home on public auction in TX? I have found the Travis co Tax office website with the listed homes for auction and dates. Now, how do I submit a bid? Is there a procedure, form to fill out, certain way to have documents, or do I just stand at the steps and yell my bid? I'm serious. Please be serious with your answers. Thanks!
where can we bid online SAP-ABAP projects?? where can we bid online SAP-ABAP projects??we have a IT firm in india. we have sap-abap programmers. now, can anyone tell me where can we bid for the sap projects? the procedure...and neccessary information abt tht..
Put a bid on a house , loan officer told us to go ahead does that mean we are for sure approved ?? we got a pre approval letter on a home loan FHA , and our mortgage company told us as soon as we find a house to let her know , so we did and then she talk to under writer , gave all are info w2 ,ss# check stubs , bank Info . Then she call us back after talking to her underwriter , and told us to go ahead and make a bid ,so we did and he excepted the bid , So now are Loan officer said she will let FHA inspector tomorrow know he has to inspect the house , we got Closing Date , So my Question is to all you Loan people out there does this sound correct and is there anyway we will not get This loan , we do have poor credit due to medical Issues , but our Loan lady Said we got approve for a loan . so what do you think ??? Any info on this procedure will be helpful !
How can my company certify as Service Disabled Veteran owned,for bidding Federal & State contract set asides.? I am a Services Related Disabled Veteran and want to bid government set asides ...what is the procedure? How long does it take? Can I bid set asides in the meantime?
Ebay: Procedures to finalize and close a winning bid.? Hi, I just sold an item on ebay. What steps do i need to take to finish all transactions with the buyer and then ship them their items. For example, should the first step be sending them a message thanking them, ask them if they have any questions regarding payment, shipping, and to inform them that i will send them an invoice, and thirdly processing payments through paypal or should i just send them an invoice and wait for payment. The thing is that i sold an item to a zero bid bidder, and he hasn't contacted me, and the closing bid was yestarday. I'm not rushing, but i want to be catious about the actions i take since i never used ebay. Thanks...
help needed with paypal regarding ebay? i have a paypal account and i need to buy something in ebay. i have got the sufficient balance in my paypal account. is it only possible to buy something from ebay through paypal which has only bidding procedure? or can anyone buy something which is labeled with 'buy it now ' through paypal? if yes, how ? any help will be highly appreciated. thanx a lot!
Can anyone give me tips on buying a home by sealed bidding? I am interested in buying an old home (built in 1930) with a 10+ acre farm land, but this house is sold by sealed bidding. I have never done this before. What is the procedure and what cautions should I take? What is your experience? This property is located in Virginia, USA.
I had an ep study that came back negitive, my heart still goes to fast, what else could be wrong? I had an EP study of my heart done and the doctor didn't find anything wrong with my heart. The eletrophysologist suggested that I suffer from anixiety and that is what is causing me to feel my heart racing and suggested seditives. I am not a nervous kind of person, and when I am nervous my heart doesn't race. My heart does race on occassion when I am watching television, sleeping, eating, or doing nothing at all. Before the procedure I was on Verapmil 120 BID and Toprol XL 100 BID. My heart is racing now more than ever and my blood pressure is 150/100. Any and all advice would be aprechiated. I am 28, I don't drink, I don't consume coffee. I have been evauated by 2 cardiologists and a cardiac electrophysologist. I have been seen in my local hospital and in "famous" hospital in NYC.
please guide on procedure to buy and import material from ebay.com into india? I am an ordinary citizen of India, residing in Hyderabad , working with private sector organisation in Hyderabad. I would like to buy some items listed on ebay.com ( international edition) where in the payment is to be made using my credit card in USD. My queries are 1)Am I allowed to buy foreign made goods directly or do I compulsorily have to go via a trader? 2)While buying and bringing the same to India , where do I pay the customs duty ? how do I clear my material? 3)Is there any prior clearances, permissions to be taken before I can buy/bid on any of these items ( example ring made of jade stone / amethyst crystal / house security alarm /etc.) 4)The above is to be used for personal use only and not for any resale. 5)Please guide me as to what procedures I need to apply? I will be grateful for your help. Thanking you
How does ebay work. If I am interested in purchase of any product displayed on the site. How to go about? I have visited ebay site but could not understand the bid procedure. Can u please explain in more simple words.
Land title transfer procedure? I bought a house 3 years ago, it was a house on bid from the GSIS. i've been planning to transfer the land title to my name but I don't know where to start. AND...do you have any ideas of the estimated cost too?(transfer process and taxes, lawyers, etc..) What are the kinds of taxes i have to pay since this house is from the GSIS, is there any difference if it's not? I heard the previous owner wasn't able to pay his taxes, do i have to shoulder the unpaid tax? Please help..i am now based abroad and couldn't stay long if I go back to the Philippines but I want to fix everything for my siblings.God bless..
What is the legal procedure for Payment of EPF on behalf of the contract employees and what is minimium limit Our organistion is outsourcing the sub-stations for minor maiantaianace to the contrctors. In turn they are employing the qualified Engineers, Junior Engineers and ITI passed candidates for maintainance work. Our office paying the contracted monthly wages to the contractors as per the tender and for lower bid. In turn the contractor should remit the EPF portion of the employee as well as self, to the Asst.Commissioner EPF concerned. How can we now the actual deposit of EPF to EPF department the actual amount of EPF paid by the contractor? What are the document to be verified while passing the bills submitted by the contractor. Further what is minimum wages on which the EPF can be worked out and are not come under the net of EPF? When a code number is assigend to the contractor, whether the outsource employee engaged by the contractor can be given any other sub-code in their name?. More over I have reffered the EPF book of Sri. S.D.Puri but no satisfactroy answer is found. Thanks.
PA - What is the procedure after foreclosure sale for removal of previous occupants personal belongings? After having the winning bid on a sheriff sale of a property, the previous occupant, who does not live there, has a bunch of stuff at same said foreclosed property and is being lazy in removal. Currently, the sale is in the 10 day "Objection Period" and will have deed shortly thereafter. Don't get me wrong, I do want the individual to have his property, less work for me to do, but I do not want to be taken advantage of either as his laziness will be holding up progress for the overhaul of the residence. Occupier stated to me he had 30 - 90 days to move, which did not sound right. Anybody have any idea in how to deal with this situation? Thank you. Lynn
I am abroad now & want to invest in IPO, Stocks, MFs in India. What is the procedure to do it.? what is retail investor?. I see that retail investors can only invest one lac, so does that mean I cannot bid for more than 1 lac in IPOs. If want to bid for more than 1 lac, i.e., want to invest more than 1 lac in an IPO, what should I need to do?. what is retail investor?. I see that retail investors can only invest one lac, so does that mean I cannot bid for more than 1 lac in IPOs. If want to bid for more than 1 lac, i.e., want to invest more than 1 lac in an IPO, what should I need to do?. I have a demat acct & PAN and can invest using ICICIdirect.com. I have a demat acct & PAN and can invest using ICICIdirect.com.
How does a company float its shares in the market? What are the various steps and procedures? What is bidding? How can a foreign company buy an Indian company's shares? What is the role of FDI in these cases?
How would you deal with this situation? How would you deal with this situation? Imagine: You had a terminal cancer and medical miracles only cause you to live much longer than the average. You must undergone EPP ( a procedure where one lobe of your lung would be surgically removed) then you decided "Stop, I dont want this anymore!" but then: Your spouse said: "Are you giving up?" How would you console your console your spouse? What would you tell him/her to allay his/her grief? Could you recommend me a song that bids farewell to the one you love Thank you so much
Bidding or asking questions on Yahoo Auctions Taiwan? Hi, I used to be able to bid and ask questions in the Yahoo Taiwan Auctions, now it seems Yahoo Taiwan have developed some sort of an authentication procedure that asks members to validate their handset/mobile number or something like that and no matter what I try to do to validate my mobile number, I don't get the verification code from Yahoo Auctions Taiwan and can't ask the seller a question about his item for sale. Is there something wrong which am doing and why these details are not carried over from my existing Yahoo account? Thanks for your help.
Help me please!!!!Legal question? I received a letter that i dont know what it is but it starts out like this: IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: AMP'D MOBILE, INC. Debtor. Chapter 11 Case No. 15-056321 (BLS) Bidding Procedures Objection Deadline: July 23,07 at 10:30 Bidding Procedures Hearing Date:July 23,07 at 10:30 Sale Objection Deadline: July 30,07 at 12.00 noon Sale Hearing Date: August 1, 07 at 3:30 pm the letter is 4 pages long and i dont understand a single word of it. there is no website,person mentioned on the letter for more info. What in the world is this letter for? Did i do something wrong? Please help!!! Plain english please! dont understand all that fancy legal talk!my name isnt anywhere in the letter dont have any affiliation with them, but i did buy a phone and returned it the next day about 6 or 7 months ago
I have some questions about the procedures of buying auctioned home, like how to check for liens, encumbrances What other items other than liens should be looked at, and how, and where? Looking in an ad for auction, it says "beneficiary may elect to bid less than the total amount due", what do they mean, and who is the beneficiary? If people are still living @ the property, how does the buyer take possession of the property since the ad claimes " the sale in an 'as is' condition, without covenant or warranty, regarding title, possession or encumbrances to satisfy the "indebtness secured by said Deed of Trust, advances thereunder, with interest as provided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, pluse fees, charges and expenses of the Trustee and of the Trusts created by said Deed of Trust"? Looks like there are so many legal issues intended by this language in the ad that I like to know exactly what is involved? Also Is it O.K. to approach owners, and what should be offered? All you title experts, lawyers, auction buyers can offer any idea's how to buy auctions from newspaper ads? Any guidance on bidding on first or second mortgages? Is beneficiary the Trustee? And why the lender does not bid again after the initial bidding?
Bidding On Ebay Procedures? How do I bid an item on ebay?
what are Islamic Funeral and Burial Procedures? Islamic Funeral and Burial Procedures Doing Talqeen Immediately After Death Washing the Body Shrouding the Body Shrouding the Body of a Man Shrouding the Body of a Woman General Rules of Janaazah Doing Talqeen to the Dying Person When a person is in a dying state he should be reminded by non-heir relations and pious people to say the Kalima (La ilaha illa Allahu Muhammadur Rasoolullah), but not forced to do so. Do this by reciting the Kalima near the dying person, as it will remind him to pronounce it. So, in essence, one is not telling him to say it, rather he is reminding him to do so. Once he reads it, stop saying it. If in the next moments of his life he passes away go to the next procedure, and if not, then leave him alone since he pronounced the Kalima and one should engage in remembrance of Allah. In this interval if he starts talking or saying something else other than the Kalima, then once again pronounce the Kalima near to him and repeat (Talqeen) the act of reminding again. In all conditions try to make his last words uttered from the mouth of the dying person the Kalima of Islam. During the last moments of life the dying person should be laid down towards the direction of the Makkah (Qiblah), which is Northeast from the Washington DC, USA. CONTENTS Immediately After a Person Dies After passing away, tie the mouth with a cloth around the head and chin. Close the eyes. Straighten out the joints. Place a heavy object on the stomach to prevent it from puffing up or bloating. Cover the body with a cloth. CONTENTS Washing the Body Before washing the body place it on a clean and rinsed off platform that is inclined in such a way that the head is higher than the other part of the body and the water flows down and away from it. Private areas (from navel to under knees) must be covered with a thick cloth or towel All other clothing should be removed from the body Force out any waste from the stomach by pushing it with one’s hand. An easy method of doing this is to sit the body up supporting the back and push the stomach Clean off any impurities (urine or stool, etc.) that may be excreted during the rubbing of stomach Perform complete wudhu (ablution) to the body according to the Sunnah (like washing three times, etc) Use care washing the nose and mouth by wiping them instead of pouring water into them or turn the head to one side Perform full bathing and washing of body It is Sunnah to wash the body an odd number of times (at least three times) If the body is not clean after washing it three times then wash it again and stopping on an odd number of washings Clean water must be used (scented water is preferable, if available) Water should be warm (not too hot or too cold) Apply shampoo or scented soap to the head and beard, and only soap to the rest of the body Turn body on the left side and pour water until it has reached the right side of the body Turn body on the right side and pour water until it has reached the left side of the body After rinsing the body a final time, dry it completely Apply scent (ittar) to head and beard; do not comb the hair and beard in such a way as to pull out the hairs Apply camphor to hands, feet, knees, and forehead CONTENTS Shrouding the Body For men three pieces of white clothes should be used that are longer than the body that is going to be shrouded. Each piece should be approximately two yards long. Two pieces are sufficient for men when three are not available. The three pieces are the Izar (bottom half garment), the Qamees (top half garment), and the Lafaafah (full piece covering the entire body). For women five pieces of white clothes should be used that are longer than the body that is going to be shrouded. Each piece should be approximately two yards long. Two or three pieces are sufficient for women when five are not available. The five pieces are the Izar (bottom half garment), the Qamees (top half garment), and the Lafaafah (full piece covering the entire body), Sadree (chest piece, one yard in length), and the Hijab (head or scarf piece, one and a half to two yards in length). Note: The body’s hair is not to be combed or trimmed nor should the nails be pared. CONTENTS Shrouding the Body of a Man place the body on top of all three pieces opened up inside the casket the towel should remove after placing the body inside the casket Izar should be wrapped by starting from the left side brought around the body and tucked under right side of the body bring the right side of the Izar to the left side pull the head through the Qamees and over the rest of the body tuck the Qamees under the body the same way done with the Izar wrap the whole body in the Lafaafah tuck under the body as done before tie both the ends and middle section of the body with string or cloth ties are to be opened later for burial and for showing the face to relatives CONTENTS Shrouding the Body of a Woman place the body on top of all three pieces opened up inside the casket the towel should remove after placing the body inside the casket Izar should be wrapped by starting from the left side brought around the body and tucked under right side of the body bring the right side of the Izar to the left side bring each side of Sadree over the body starting from the left to right then right to left pull the head through the Qamees and over the rest of the body tuck the Qamees under the body the same way done with the Izar part the hair into two parts and place over the chest place Hijab on the head and over the chest area wrap the whole body in the Lafaafah tuck under the body as done before tie both the ends and middle section of the body with string or cloth ties are to be opened later for burial and for showing the face to relatives Note: During the washing and shrouding of the body the performers of these tasks must protect their gaze from looking unnecessarily to the private areas of the body. Use utmost care and respect during the handling of the body also. Treat the body as though it is alive. Family and relatives of the deceased should wash the body. If a non-related Muslim washes the body it would also be permissible. In all circumstances the washer of the body should be trustworthy. He should wash the body completely according to the Sunnah and if he sees something good about the body he to mention it is Sunnah and if he sees something bad or displeasing about the body it is not lawful for him to tell another person about that because it is Ghibah (backbiting). CONTENTS General Rules of Ghusl, Kafan & Janaazah If one forgets to place the deceased towards the qiblah when burying him and only remembers this after burying him and filling the grave with sand, then it is not permissible to dig up the grave. However, if only the wooden strips have been placed and no soil has been thrown as yet, it will be permissible to remove the timber and place him towards the qiblah. It is prohibited for wailing women and those women who give lectures to accompany the janaazah. It is a bid'ah to give the adhaan while lowering the deceased into the grave. If a person passes away in a ship and the coast is so far away that there is a fear that the corpse will begin to decompose, then in such a case ghusl and kafan should be given to him and thereafter he should be lowered into the sea. But if the coast is not so far and there is hope of reaching land soon, the corpse should be left aside and upon reaching land, it should be buried in the ground. Once sand has been thrown over the grave, it is not permissible to remove the deceased from the grave. However, if in burying him, the right of someone has been transgressed, then it will be permissible to dig up the grave. Examples: (i) the land on which he is buried belongs to someone else and the owner is not happy about the burial taking place on his land, (ii) someone's wealth has been left behind in the grave. If a woman passes away and there is a living child in her womb, then her womb will have to be cut and the child removed. Similarly, if a person passes away after swallowing someone else's money, and the person asks for the money, his stomach will be cut and the money removed. However, if the deceased has left behind some wealth, this money will have to be given from his wealth and his stomach will not be cut. It is permissbible to praise the deceased person irrespective of whether it is in the form of a poem or in prose. This is on condition that there is no exaggeration in praising him, and he is not praised for characteristics that were not found in him. It is permissible to do the following: sympathize and comfort the relatives of the deceased, to mention the virtues of patience and thereby create an inclination towards patience, to make dua for them and the deceased. All this is known as ta'ziyat. It is permissible to keep the kafan ready for oneself. It is mustahab to place a green twig on the grave. If a plant or tree begins to grow near it, it will be makruh to chop it off. More than one corpse should not be buried in one grave. However, this will be permissible if there is an absolute necessity for it. If all the corpses are males, the most virtuous among them should be placed in the front. Thereafter, all the rest should be placed behind him in order of their position. However, if there are a few males and a few females, the males should be placed in front and the females behind them. It is mustahab for men to go and visit the graves. It is preferable to visit the graves at least once a week. It is preferable that this day be Friday. It is also permissible to undertake journeys in order to visit the graves of the pious. This is permissible as long as no belief or action contrary to the Shariah takes place. Like the evils that take place in the present day "birth-anniversary" (meelad, urs) celebrations. If any of the items which will be required for the ghusl and kafan are found at home and they are clean and pure, there is no harm in utilising them. The material of the kafan should be of the same quality that the deceased used to wear most of the time while he was alive. It is a waste of money to go into unnecessary expenses. If a child is born with some indications of life and thereafter dies, it will be named, ghusl will be given and salaat will also be offered over it. However, if no signs of life are found, it will be given ghusl, wrapped in a cloth and buried without any salaat being offered over it. The deceased should be placed in the grave in such a way that his entire body is made to lie on its side facing towards the qiblah. The knots of the kafan on either side should be loosened. Isaal-e-thawaab should be made for the deceased as shown to us by our pious predecessors. This should be done without subjecting oneself to any custom or specifying any particular day. One should secretly help the poor according to one's ability and from one's halaal earnings. One should also recite the Quran according to one's ability and send the rewards to the deceased. Prior to the burial, in which a lot of time is wasted in futile conversations, one should recite the kalimah and send the reward to the deceased.
Healthcare insurance? What if every state became a co-op? Insurance companies could then bid to join, procedures and rates could be on a sliding scale according to income. these co-ops would be audited quarterly.
how to get the Solvency certificate in Tamil Nadu? We asked to take a solvency certifcate for bidding a contract please let us know the procedures involved in getting the solvency Certficate
bidding on auctions sites? acceries,products,procedure of delevery
A question about bidding on a Home? Hello, I am currently in the process of putting in a bid on a home. I am bidding on the home with hte money in my savings account. The realtor told me that I would have to provide a proof of funds which I did. He sent me all the paper work and told me to enclose a check for the amount that I was going to bid. This is my first time bidding on a home and I wasn't sure if it was standard procedure to enclose a check with my bid? Any help would be appreciated. Thanks. My agent is asking me to send him a check for the full amount of the home.
Wholesale business on the internet? So, I wonder has anyone experience with this? Selling in lots items on the internet? Not like ebay or amazon, where you sell just one item at a time...But like: http://liquidation.com , http://alibaba.com? At first sight it seems to me that the profits with wholeselling could be logically bigger than in the retail thing. I see even so many bids on almost every auction in Liquidation.com. As well, where I live I can find extremely cheap Cd's to sell in lots. I wonder as well, what are the payment procedures? Like 50% in advance, or "letter of intent"? Does the seller first ships the stuff or first get the money? Thanks alot!
purchase, storage? 8. when a buyer submits to the organization's specifications to two or three purveyors for the purpose of price comparison, the procedure is called a. riding the markey b. blind purchasing c. competitive bidding d. open marketing 9.what items should be tagged when they're received? a. produce, veggies b. meat, seafood c. laundry, linen d. liquid detergent, powders 11. according to the receiving clerk's daily report, food that's received and then distributed directly into production is listed under a. food direct b. food storage c. sundries d. dry storage 12. physical inventory of the main dry storeroom is typically done a.biweekly b.last day of the month c. first day ---------------- d. once a year 14. ultimately, an operation's purchases are decided by the a. buyer b. customer c. supplier d. market 15.in relationships with distributers, buyers will benefit from a.fuel charges b.competition c.labor charges d. product costs specification's don't generally don't include the a. product name b. quality designation c. type of packaging d. purchase price I did my own work! I read it a ton of times! That is why I came here for help.
Need help selling things on ebay? Ok i dont want to start a business, i just think it would be cool to make some money on stuff i dont want. But im very confused as to how this whole system works.. Ok so i choose an item. Lets say its a book. What do I do with the pictures? And when they get the pictures, what are all the procedures i have to follow from there to having my item on ebay? While everyones bidding, where is the item? Do i keep it at my house or what? And when some one wins, then what? Also do i have to pay for anything? Im a real dummy at this. All i know how to do is buy, i cant sell. But i really want to. Someone help me get startted?
e bay question? I want to sell something on e bay , I go thre, the whole procedure pictures everything but I dont see where to click if the bids dont reach what I want .if something is worth $500 and the bid is only $200 and time runs out do I have to sell , I wont thanks
How is this for good news Beach system for illegal workers would affect about 175 vendors we making progress? In about a week, Beach officials will be given the authority to audit new contractors to ensure they don't hire illegal workers. But many of the details - including under what circumstances an investigation would be launched and what documents city officials will use to verify immigration status - remain unclear. "It's not mapped out exactly how we would do it," City Attorney Les Lilley said. The audits are part of guidelines announced by Beach officials and approved by the City Council last week. Vendors also will have to certify that they don't hire illegal immigrants. The clauses will be included in all new city contracts for more than $50,000 and will affect about 175 vendors who perform construction, software development, janitorial and landscape management work for Virginia Beach. The city has standards in place to deal with issues such as vendor complaints about the bidding process, but not immigration, said Joanne Griggs, Virginia Beach's auditor. "This is new territory," Griggs said. "I would want to make sure that we have a very tight process so the outcome is fair to any individual living and working in this city." Depending on the procedures, the city's four auditors might need some additional resources and training, Griggs said. This is the second policy targeting illegal immigration that Virginia Beach has adopted since two teens were killed last spring by a drunken driver who was an illegal immigrant. The case drew national media attention, and anti-illegal-immigration advocacy groups pressed city officials for action. In May, police officers began asking everybody they arrested whether they were in the country legally. Virginia Beach Sheriff Paul Lanteigne said the new policy might be the reason for the increasing number of illegal immigrants in the city's jail. In May, the jail housed 23 illegal immigrants; by October there were 72 illegal immigrants reported, Lanteigne said. Alicia Fernandez-Bobulinski, director of Hispanic outreach for the Making a Difference Foundation, said she has heard that officers are asking immigration status questions prior to making an arrest, in instances such as traffic stops. "Faith is being lost," Fernandez-Bobulinski said. "The administration is saying one thing, and another thing is happening on the street." http://hamptonroads.com/2008/01/beach-system-illegal-workers-would-affect-about-175-vendors
international dating rules xx funny or not xx? CAUCASIAN WOMAN: First date: You get to kiss her goodnight. Second date: You get to gr*pe all over and make out. Third date: You get to have s*x in the mi**ionary position. Then you promise to marry her but will probably abandon the idea. JAPANESE WOMAN: First date: She's shy, so you don't get to kiss her at all. Second date: She'll take a bath in front of you and let you smell her p**ties. Third date: You get to have k**ky s*x with her. Then she will bid you sayonara as that was her fling before getting married to a Japanese man. MALAY WOMAN: First date: You get to touch that big br**st of hers. Second date: You get to home base with her. Third date: You have to promise her that you are gonna get circumcised. Then you will marry her and find out that you have to support her whole family. The only consolation is that you get to repeat the procedure three other times as allowed under Muslim law. CHINESE WOMAN: First date: You get to buy her an expensive dinner but nothing happened. Second date: You buy her an even more expensive dinner but nothing happens either. Third date: You don't even get to the third date and you have already realized nothing is going to happen. INDIAN WOMAN: First date: Meet her parents. Second date: Set the date of the wedding. Third date: Wedding night. JEWISH WOMAN: First Date: You get a dynamite bl**job. Second Date: You get another great bl**job. Third Date: You tell her you'll marry her and never get he*d again. IRISH WOMAN: First Date: You both get blind drunk and have s*x. Second Date: You both get blind drunk and have s*x. 20th Anniversary: You both get blind drunk and have s*x.
ebay motors seller questions? I get this really good deal from a seller about a honda civic which I pay half less than a same car should be. I have got pictures, VIN, mileages and price of the car. However, I keep asking him about his bidding webpage and he never shows me. He then ask me my ebay ID, FULL NAME, ADDRESS and he say that ebay will contact me automatically, and we will process the whole deal through ebay, and I will be protected from vehicle purchase protection. The car is in New York and I am in Michigan, and he even offer me a free shipping from New York since his sibling works in a shipping company. Is this a regular procedure that a car sale will be? The buyer ask your ID, name and address, and then ebay will contact you, and the whole procedure moves on? I am confused about this deal because the price is so cheap that is too good to be true. Can someone give me advices of what I should do to prevent fraud because I have never buy a car through ebay. Thanks.
DNT KNOW WHAT ELSE TO DO !!!!!!! local council just wont help anymore? im at my wits end now!!! im mum of 4 kids 17 almost 18 daughter/16 year old son/8 year old son/ and a 9 month old daughter.... i live in a 3 bed massionette in what the council 1st said was temp accomadation above shops and only had to stay 12-18 months max?? now over this period iv been able to bid for local propertys on line that was untill i found were i wanted to live then was informed that infact the accommadation i currently lived in was suitable and would not be moved????? i fought this and to no surprise i was allowed to again bid and now im were im at now??? my 17 coming on 18 year old daughter left home due to size of home and arguements and went to homelesss within council now they have taken her on board but have now stopped me bidding again??? i now have no points as they have stopped them and when i try to contact them i get nothing answered??? iv done all the normal procedure and contacted council leaders,mp,local mp everyone but dnt get no answers??? can any1 help pls
where can we bid online SAP-ABAP projects? where can we bid online SAP-ABAP projects??we have a IT firm in india. we have sap-abap programmers. now, can anyone tell me where can we bid for the sap projects? the procedure...and neccessary information abt tht..
What is Cora Aloran scam ? Republic of the Philippines Supreme Court Manila FIRST DIVISION [A.M. No. RTJ-99-1510. November 6, 2000] BENITO CABANBAN, Complainant, - versus - ANGELA S.DELA CRUZ / SOCORRO G.DELA CRUZ CEZAR REYNALDO F. GALGUERRA Respondent. X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - / R E S O L U T I O N YNARES-SANTIAGO, J.: For allegedly granting improvidently a petition for Habeas Corpus in Special Proceeding No. 10931[1] entitled “In the Matter of the Petition for Habeas Corpus of Ma Jing,” respondent was charged in a verified complaint[2] with Violation of the Code of Judicial Conduct, Grave Misconduct, Gross Ignorance of the Law, Gross Incompetence, Gross Inefficiency and Knowingly Rendering An Unjust Judgment relative to the above-mentioned case. The Office of the Court Administrator (OCA) referred the verified complaint to respondent judge for his comment thereon within ten (10) days from notice. On July 30, 1999, respondent judge filed his comment[3] denying the charges against him and prayed for the dismissal of the case against him “for utter lack of merit.”[4] The case was subsequently referred to the OCA for evaluation, report and recommendation. In an evaluation report dated September 21, 1999,[5] the OCA recommended the dismissal of the administrative complaint against respondent judge for being sub judice, pointing out that the issues therein are the same as those pending resolution by the Court of Appeals in CA-G.R. SP No. 53425 entitled “ Benito Cabanban v. Angela S. Dela Cruz , Socorro Dela Cruz , Cezar Reynaldo F. Galguerra, et al.” The Court of Appeals subsequently promulgated a Decision in CA-G.R. SP No. 53425 dated May 4, 2000[6] setting aside for lack of legal basis the assailed Order of respondent Judge dated June 24, 1999 which found herein complainant guilty of indirect contempt. In the meantime, in a Resolution dated November 24, 1999,[7] the Court resolved to: 1.] docket the case as a regular administrative proceeding; and 2.] refer the case to Court of Appeals Associate Justice Conchita Carpio-Morales for investigation, report and recommendation within ninety (90) days from notice. In compliance with the foregoing directive, Justice Morales submitted a Report summarizing the factual antecedents of the case thus: On May 7, 1999 at about 11 p.m., the National Bureau of Investigation (NBI) conducted simultaneous raids at Cinco Estrellas Funeral Homes located in Quezon City, as a result of which 2 female Filipino nationals were caught “in the act of entertaining customers and guests.” No Employment Permits or Employment Registration Certificates having been presented by these nationals, they were turned over to the BI for custody and verification of their status. They were thereupon confined at the BI Detention Center at Camp Bagong Diwa, Taguig, Metro Manila on May 8, 1999. On May 17, 1999, Socorro Dela Cruz together with Mariano Duque, one of the apprehended , filed a petition for habeas corpus at the Pasig Regional Trial Court (RTC) which was raffled to Branch 151 thereof. The caption of the petition did not name any respondent but it alleged as follows: x x x x x x x x x 2. On or about 07 May 1999 at about 10:00 o’clock in the evening, petitioner, was taken from Cinco Estrellas Funeral Homes in Quezon City by individuals who represented themselves as Agents of the National Bureau of Investigation (NBI), and since then confined, restrained and deprived her of her liberty and [is] now confined at the NBI Detention Center. 3. In spite of the fact that petitioner has been confined from then on, to date, no formal complaint or accusation for any specific offenses has been filed against her nor any judicial writ or order for her commitment has at any time been issued so far. 4. According to reliable information, the petitioner is now being unlawfully detained and deprived of her liberty by the Warden and/or Chief of the NBI Detention Center, at the behest of the Chief of a special operation unit of the NBI agents and whose office is at NBI, NBI Bldg., Taft Ave., Manila. (emphasis and underscoring supplied) Acting Presiding Judge Rodolfo Bonifacio of Branch 151 of the Pasig RTC issued a writ. On May 21, 1999, Atty. Rommel J. de Leon, Technical Assistant, Commissioner’s Office, BI, submitted a RETURN OF THE WRIT alleging, inter alia: x x x x x x x x x 4. That an investigation was conducted by Special Prosecutor Ramoncito L. Tolentino by (sic) the Bureau of Immigration; 5. That during the said investigation the subject Filipino nationals including the petitioner failed to produce any documents while the National Bureau of Investigation showed their Affidavit of Arrest, pictures taken at Cinco Estrellas Funeral Homes and other evidences in support of their claim, copy of said Affidavit of Arrest and pictures are attached hereto as Annexes B and C respectively; 6. That on May 13, 1999, Special Prosecutor Ramon L. Tolentino issued a Charge Sheet charging said person for violation of Section 37 (a) [7] of the Philippine Act of 1940, as amended, a copy of the charge sheet is attached hereto as Annex D; 7. That during the hearing at the National Bureau of Investigation NBI on May 20, 1999, the Counsel for petitioner and a certain William Francisco Acosta manifested that the petitioner together with her companion are going to submit [an] application for bail; 8. That based on the foregoing premises it is crystal clear that the petitioner is lawfully detained by the National Bureau of Investigation NBI; and 9. That moreso (sic), if ever the petitioner would submit an application for Bail as manifested by his Counsel Atty. San Pedro and their representative Mr. William Jacinto this petition would already be moot and academic. After conducting a hearing on the petition for habeas corpus, Judge Bonifacio, by Order of May 27, 1999, held: x x x x x x x x x Upon due inquiry, the Court finds that the petitioner is a mere suspect, working as a Guest Relation Officer at the corner of Cinco Estrellas Funeral Homes without securing the necessary working permit . She was not notified though of the charges against her nor was she afforded due process. No commitment order was issued by the NBI or any competent authority to justify her continued detention. x x x x x x x x x In Dramayo, the Supreme Court has ruled categorically that accusation is not synonymous with guilt. The strongest suspicion must not be permitted to sway judgment (People vs. Austria, 195 SCRA 700). The illegal arrest of petitioner without warrant of arrest or seizure on 07 May 1999 and arbitrary detention, to date, is not remedied by the supposed filing in a Charge Sheet dated 13 May 1999 but assumably filed only on 14 May 1999. Petitioner had been detained without any valid charge from 07 May 1999 to 14 May 1999. The filing of the Charge Sheet did not (sic) the illegal detention of the petitioner. xxx Accordingly the said Order of May 27, 1999 disposed: IN THE LIGHT OF THE FOREGOING, the Court finds no cogent reason to hold petitioner under continued detention so that immediate release is hereby ordered, unless otherwise held on a different case and/or valid judicial process. The following day, May 28, 1999 “respondent NBI … by counsel Atty. Rommel J. de Leon, Technical Assistant, Commissioner’s Office” filed a Motion for Reconsideration of the May 27, 1999 [Order]. On May 31, 1999, Socorro Dela Cruz together with Mariano Duque not having been released from detention, filed a “Motion to Declare Parties Guilty of Contempt” naming NBI Commissioner Rufus B. Rodriguez, Atty. de Leon, NBI Detention Center Warden Enrico R. Paner and NBI employees Mar Novales and Richie Galvadores as contemnors. By Order of June 15, 1999, Judge Bonifacio denied the NBI’s Motion for Reconsideration of the Order of May 27, 1999 and directed BI Commissioner Rodriguez and his co-respondents in the Motion to hold them in contempt of court for failure to obey the Order of May 27, 1999. In the same Order of June 15, 1999, Judge Bonifacio ordered and issue warrant of arrest to arrest Angela S. Dela Cruz and Mercedita O. Pareno in accordance with his May 27, 1999 Order. Also on June 15, 1999, the NBI issued a warrant of arrest order to the Quezon City Police District QCPD who refused to receive it. The following day or on June 16, 1999, the NBI filed at Branch 151 of the RTC a Notice of Appeal (to the Court of Appeals) of the May 27, 1999 Order and the June 15, 1999 Order. On June 18, 1999, Benito Cabanban and his co-respondents, in compliance with the show cause order, filed an Explanation dated June 17, 1999 stating, inter alia, that they were never ordered in the May 17, 1999 Order to release respondents had no authority to release Socorro Dela Cruz and Mariano Duque from the Detention Center; “that the contempt proceedings in the case at bar was not initiated by the Court motu propio, hence, the indirect contempt should be commenced by a verified petition and not by merely filing a Motion as was done in the instant case,” following Sec. 4 of Rule 71 of the 1997 Rules of Civil Procedure which they therein quoted; and that the Motion for Reconsideration of the May 17, 1999 Order stayed the execution thereof as did the Notice of Appeal (filed on June 17, 1999) of the same order. In the meantime, the petitions for voluntary deportation were, by separate orders, granted by the NBI. By June 24, 1999, Judge Bonifacio found Benito Cabanban and co-respondents guilty of indirect contempt and ordered their arrest and detention at the NBI jail until they have complied with the Order dated May 27, 1999 in the light of the following disquisition: xxx proceedings in habeas corpus are separate and distinct from any deportation proceedings taking place at the Bureau of Immigration and Deportation. They (habeas corpus proceedings) rarely, if ever, touch the merits of the deportation case and require no pronouncement with respect thereto. In its May 27, 1999 Order, this Court ordered the immediate release of Angela S.Dela Cruz, principally upon the following reasons: (i) the petitioner was unlawfully arrested without any warrant of arrest and, thereafter, arbitrarily detained, in disregard of her rights, to due process of law; and (ii) a warrant of arrest issued by the Commissioner of the Bureau of Investigation, to be valid, must be for the sole purpose of executing a final order of warrant of arrest. x x x x x x x x x 1. It is not correct to say that the May 27, 1999 Order should not be obeyed because it did not specifically direct Hon. Rufus D (sic) Rodriguez, P/Supt. Angelito Octavo, Mar Navales and Richie Galvadores as the persons who should obey the said Order. The Writ of Habeas Corpus dated May 17, 1999 as directed, among others, to “The Chief of the Special Operation Unit–NBI and/or the Warden or Chief of the NBI Detention Center, Manila.” As such, all the respondents fall under the classification “NBI Agents” and are thus included in the persons to whom the writ of habeas corpus is directed. x x x x x x x x x 2. Neither is the Court impressed with the argument that P/Supt. Angelito Octavo, Atty. Rommel J. de Leon, Enrico R. Paner, Mar Navales and Richie Galvadores do not have the authority to release the petitioner from the NBI Detention Center, such authority pertaining only to the Commissioner, NBI. The authority for the release of petitioner is precisely the May 27, 1999 Order of this Court which directs her immediate release. There can be no doubt on the jurisdiction of this Court on habeas corpus cases, as the case at bar, and the validity of its lawful orders issued pursuant to the exercise of such jurisdiction. It is significant that Benito Cabanban has not disauthorized or revoked or in any way disowned the refusal of his subordinates to obey the subject court order, as he would certainly have done if his authority had been improperly invoked. x x x x x x x x x 3. Neither is this Court persuaded by the argument that the May 27, 1999 Order was not yet executory because BID’s Motion for Reconsideration stayed its execution. By its very nature, habeas corpus proceedings are always characterized by promptness or speed. It is always timely to recall this categorical affirmation in the ponencia of Justice Malcolm in the landmark case of Villavicencio v. Lukban, supra: The writ of habeas corpus was devised as a speedy and effectual remedy to relieve persons from unlawful restraint, and as the best and only sufficient defense of personal freedom. Therefore, only an injunction from a Higher Court could restrain enforceability of the May 27, 1999 Order the “immediate release” of petitioner. 4. There is also a puerile claim that the contempt proceeding was improper because it was commenced by mere motion and not by a verified petition. The Revised Rules of Court (should be 1997 Rules of Civil Procedure) cannot be any clearer. The appropriate section is quite explicit.: “After a charge in writing has been filed, and an opportunity given to the respondent to comment thereon within such period as may be fixed by the court and to be heard by himself or counsel, a person guilty of any of the following acts may be punished for indirect contempt… (b) Disobedience of or resistance to a lawful writ, process, order or judgment of a court…” It is very clear that, as to form, the only requirement is that the charge be in writing. x x x x x x x x x x x x 5. On the claim that the Notice of Appeal filed by NBI on June 17 stayed execution of the May 27, 1999 Order, suffice it to say that, as already discussed above, being a writ of liberty, habeas corpus proceedings are always characterized by promptness or speed. Therefore, the May 27, 1999 Order of release was inherently immediately executory, and only an injunction from a Higher Court could restrain its immediate enforceability. 6. Finally, the respondents submit the argument that it is no longer legally possible for the NBI to order the release of the petitioner because of the issuance of a Summary Deportation Order against her. The first time the respondents first disobeyed the May 27, 1999 Order was on May 28, 1999. There was no deportation order yet at that time. The Court cannot accede to the proposition that the subsequent issuance of the deportation order should have the effect of erasing or pardoning the contempt already committed by the respondents as early as May 28, 1999. Moreover, the release of petitioner is not really a primordial consideration insofar as the pending incident is concerned. The ultimate purpose of this inquiry is to determine whether the respondents are guilty of indirect contempt, i.e., ‘disobedience of or resistance to a lawful writ, process, order, or judgment of a court’. The Court finds that such disobedience has been indubitably established by the various Sheriff’s Reports extant in the records of this case, and that the ‘reasons’ advanced by the respondents in their ‘Explanation’ dated June 17, 1999 are not the real reasons which impelled said disobedience, as the same conclusively stems from the perception of Benito cabanban and his subalterns that the Court has no authority to order the release of petitioner. Even assuming that the respondents were of the opinion that the subject Order was grossly erroneous, they could have availed of the remedy of certiorari immediately after its promulgation. But they, certainly, cannot adamantly and belligerently defy the Order of the Courts simply because they have a contrary opinion. Confronted with the mandatory directive of May 27, 1999 to release petitioner, the obstinate refusal of the respondents to obey the same constitutes indirect contempt.” (Underscoring supplied). On June 25, 1999, a Friday, at about 2 o’clock in the afternoon, Socorro Dela Cruz together with Mariano Duque, et al. were, pursuant to the June 24, 1999 Order, arrested by the NBI whose Director was specifically ordered by Judge Bonifacio to serve the warrant. Benito Cabanban et al. lost no time in filing at the Court of Appeals on June 25, 1999 an Urgent Petition for Certiorari against Judge Bonifacio, docketed as CA-G.R. No. 53425, followed by an Amended Petition, assailing the Judge’s Order of June 24, 1999. By Order of June 25, 1999, the Court of Appeals issued a writ of preliminary mandatory injunction commanding the immediate release of et al. after posting a bond and directing Judge Bonifacio to file his comment on the petition. At 10:00 p.m. of June 25, 1999, Socorro Dela Cruz together with Mariano Duque, et al. were released after posting a bail. On the basis of the foregoing facts, the Investigating Justice recommends respondent judge be fined Two hundred and fifty Thousand (P250,000.00) Pesos for gross ignorance of the law and warned that a repetition or the commission of a similar infraction will be dealt with more severely, reasoning thus: Under Rule 71 of the 1997 Rules of Civil Procedure, contempt proceedings may be commenced as follows: SEC. 4. How proceedings commenced. - Proceedings for indirect contempt may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. In all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of the documents or papers involved therein, and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned. If the contempt charges arose out of or are related to a principal action pending in the court, the petition for contempt shall allege that fact but said petition shall be docketed, heard and decided separately, unless the court in its discretion orders the consolidation of the contempt charge and the principal action for joint hearing and decision. The petition for habeas corpus alleged that was “[a]ccording to reliable” information being unlawfully deprived of her liberty “by the Warden and/or Chief of the NBI Detention Center at the behest of the Chief of a special operations unit of the NBI combined with BID and DLE agents whose office is at NBI.” It did not name herein complainant as respondent. Neither did the May 27, 1999 Order direct herein complainant to release. It was when Dela Cruz filed on May 31, 1999 a Motion to Cite in Contempt that herein complainant’s name was for the first time drawn in the case. Under the circumstances, compliance with the second mode of initiating a petition for contempt under Sec. 4 of Rule 71 of the 1997 Code of Civil Procedure, - filing a “verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the requirements for initiating pleadings for civil action in the court concerned” – was in order. It is in this light that the undersigned investigator finds that respondent ERRED in giving due course to the mere motion to cite in contempt and finding herein complainant guilty thereof by Order of June 24, 1999, especially given the fact that in the Explanation–Answer to the show cause Order of respondent herein, complainant et al. quoted Sec. 4 of Rule 71 and alleged that as “[t]he contempt proceedings … w[ere] not initiated by the Court motu proprio, … the indirect contempt should be commenced by a verified petition and not by mere filing [of a] motion as was done in the instant case.” x x x x x x x x x For administrative liability to attach for errors of judgment, the error must be gross, patent or deliberate (Re: Judge Silverio S. Tayao, A.M. No. 93-8-1204, 229 SCRA 723 [1994]. For administrative liability to attach for gross ignorance of the law and/or knowingly rendering an unjust order or judgment, it must be established that the order or judgment is not only erroneous but [that] he was actuated by bad faith, dishonesty, hatred, revenge, corrupt purpose or some other like motive (Guerrero v. Villamor, A.M. No. RTJ-90-617, 296 SCRA 88 [1998]). For a judge may not be held administratively accountable for every erroneous order or decision he renders (Rodrigo v. Quijano, 79 10 [1997]) [sic] otherwise it would “render judicial office untenable for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible (vide Lopez v. Corpus, 78 SCRA 374 [1997] (sic); Pilipinas Bank v. Tirona-Liwag, 190 SCRA 834 [1994]). The undersigned finds that respondent’s error in giving due course to the “Motion to Declare Parties Guilty of Contempt” was patent, given that circumstances mentioned above. Respondent’s invoking of Sec. 3 of the same Rule 71 (of the 1997 Rules of Civil Procedure, not revised Rules of Court as he stated) which to him clearly shows that “the only requirement is that the charge be in writing, citing Tomas C. Aguador v. Malcolm S. Enerio, et al., G.R. No. L-20383, January 30, 1971, betrays his ignorance that this Aguador case was decided in 1971, long before Sec. 4, Rule 71, which is a new provision, was incorporated in the 1997 Rules of Civil Procedure. And, as from the following portion of respondent’s Order of June 24, 1999, to wit: Incidentally, the Bureau of Immigration and Deportation is not a sovereign entity where the commissioner reigns supreme. It is a mere Bureau and a becoming modesty of inferior offices demands a conscious realization of the position that they occupy in the interrelation and operation of the huge governmental bureaucracy. Most decidedly, this Court does not believe that the Honorable Commissioner of Immigration and Deportation – however exalted he may personally feel his position to be – is beyond the processes of Courts of the land.” it is gathered that he was actuated by anger or hatred in so acting on the motion for contempt, administrative liability attaches for his gross ignorance of the law. As for the rest of the assailed Orders – bases of the other charges at bar, complainant’s charge that they violate the law and the jurisprudence he cited not being indubitable in the light of respondent’s own citations of the law and jurisprudence, the undersigned does not find respondent to have acted arrantly. The issue thus becomes judicial in character and would not warrant faulting him administratively (Godinez v. Alano, 303 SCRA 259 [1999]). The Court agrees with the investigating Justice that respondent judge should indeed be sanctioned, but finds the recommended penalty not commensurate to the gravity of respondent’s malfeasance for the following reasons: First, the degree of restraint respondent should have observed in the exercise of his contempt powers leaves much to be desired, given the prevailing facts of this case much more so, considering that the same bears with it the taint of personal hostility and passion against the party to whom it is directed. Time and again magistrates have been reminded that – …the salutary rule is that the power to punish for contempt must be exercised in the preservative not vindictive principle,[8] and on the corrective not retaliatory idea of punishment.[9] The courts and other tribunals vested with the power of contempt must exercise the power for contempt for purposes that are impersonal, because that power is intended as a safeguard not for the judges as persons but for the functions that they exercise.[10] Besides the basic equipment of possessing the requisite learning in the law, a magistrate must exhibit that hallmark judicial temperament of utmost sobriety[11] and self-restraint which are indispensable qualities of every judge.[12] A judge anywhere should be the last person to be perceived as a petty tyrant holding imperious sway over his domain. Such an image is, however, evoked by the actuations of respondent judge in this case. It has time and again been stressed that the role of a judge in relation to those who appear before his court must be one of temperance, patience and courtesy.[13] A judge who is commanded at all times to be mindful of his high calling and his mission as a dispassionate and impartial arbiter of justice[14] is expected to be “a cerebral man who deliberately holds in check the tug and pull of purely personal preferences which he shares with his fellow mortals.”[15] Judges have been admonished to observe judicial decorum which requires that a magistrate must at all times be temperate in his language[16] refraining from inflammatory or excessive rhetoric[17] or from resorting “to the language of vilification.”[18] In this regard, Rule 3.04 of the Code of Judicial Conduct states that – Rule 3.04. A judge should be patient, attentive and courteous to all lawyers, especially the inexperienced, to litigants, witnesses, and others appearing before the court. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts instead of the courts for the litigants. Respondent judge needs to be reminded that government service is people-oriented.[19] Patience is an essential part of dispensing justice and courtesy is a mark of culture and good breeding.[20] Belligerent behavior has no place in government service where personnel are enjoined to act with self-restraint and civility at all times even when confronted with rudeness and insolence.[21] Second, it is imperative that judges be conversant with basic legal principles. The Code of Judicial Conduct, in fact, enjoins judges to “be faithful to the law and maintain professional competence.”[22] Respondent judge owes it to the public and to the legal profession to know the law he is supposed to apply in a given controversy.[23] Indeed – A judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules; it is imperative that he be conversant with basic legal principles and aware of well-settled authoritative doctrines. He should strive for excellence exceeded only by his passion for truth, to the end that he be the personification of justice and the Rule of Law.[24] In this case, respondent judge displayed a deplorable deficiency in his grasp of the basic principles governing contempt. As defined, indirect contempt is one committed out of or not in the presence of the court that tends to belittle, degrade, obstruct or embarrass the court and justice.[25] On the other hand, direct contempt consists of or is characterized by “misbehavior committed in the presence of or so near a court or judge as to interrupt the proceedings before the same” within the meaning of Section 1, Rule 71 of the Rules of Civil Procedure.[26] There is no question that disobedience or resistance to a lawful writ, process, order, judgment or command of a court or injunction granted by a court or judge constitutes indirect contempt.[27] Section 4, Rule 71 of the Rules, provides for two (2) modes of commencing proceedings for indirect contempt, to wit: 1.] It may be initiated motu proprio by the court against which the contempt was committed by an order or any other formal charge requiring the respondent to show cause why he should not be punished for contempt. 2.] In all other cases, charges for indirect contempt shall be commenced by a verified petition with supporting particulars and certified true copies of documents or papers involved therein, and upon full compliance with the requirements for filing initiatory pleadings for civil actions in the court concerned. (all initiatory pleadings should be accompanied with a certificate of non-forum shopping, Sec. 5 Rule 7).[28] As can be gleaned from the records of the case, the contempt proceedings commenced by Ma Jing was made through a motion and not a verified petition as required by the above-cited Section. Respondent Judge relied on Section 3, Rule 71 of the Rules, completely disregarding the provisions of Section 4 which explicitly lays down the manner in which indirect contempt proceedings may be filed. Contempt of court has been distinctly described as an offense against the State and not against the judge personally. To reiterate, a judge must always remember that the power of the court to punish for contempt should be exercised for purposes that are not personal, because that power is intended as a safeguard, not for judges as persons, but for the functions they exercise.[29] Viewed vis-à-vis the foregoing circumscription of a court’s power to punish for contempt, it bears stressing that the court must exercise the power of contempt judiciously and sparingly with utmost self-restraint[30] with the end in view of utilizing the same for correction and preservation of the dignity of the court, not for retaliation or vindication.[31] In this case, respondent judge failed to observe the procedure expressly spelled out in Section 4, Rule 71 of the Rules. As stated earlier, a judge is called upon to exhibit more than a cursory acquaintance with statutes and procedural rules; it is imperative that he be conversant with basic legal principles.[32] Canon 4 of the Canon of Judicial Ethics requires that a judge should be studious of the principles of law and Canon 18 mandates that he should administer his office with due regard to the integrity of the system of the law itself, remembering that he is not a depositary of arbitrary power, but a judge under the sanction of law.[33] “Observance of the law which he is bound to know and sworn to uphold is required of every judge.[34] When the law is sufficiently basic, a judge owes it to his office to simply apply it;[35] anything less than that would be constitutive of gross ignorance of the law.”[36] In short, when the law is so elementary, not to be aware of it constitutes gross ignorance of the law.[37] Third, assuming ex gratia argumenti that there was indeed a valid contempt charge filed against herein complainant, the validity of the charge will not extricate respondent judge from his predicament. The records disclose that the Return of the Writ[38] stated that a Charge Sheet[39] was filed on May 13, 1999 against Dela Cruz for violation of Section 37 [a] (7) of the Philippine Immigration Act of 1940. Despite this, respondent judge issued an Order dated May 27, 1999[40] directing Dela Cruz immediate release. It was grievous error for respondent judge, in the face of these factual circumstances disclosed by the records, to give due course to the petition for habeas corpus despite the pendency of a deportation case against Ma Jing. Where the BID had not yet completed its hearing and investigation proceedings with respect to an alien and there is no showing that it is unduly delaying its decision, habeas corpus proceedings are premature and should be dismissed.[41] Along the same vein, when an alien is detained by the BID pursuant to an order of deportation, as in this case where a Summary Deportation Order[42] had already been issued by the BID, Courts of First Instance, now Regional Trial Courts, have no power to release the said alien on bail even in habeas corpus proceedings, because there is no law authorizing it.[43] It, furthermore, must be pointed out that on May 28, 1999, complainant-respondent filed a Motion for Reconsideration[44] of the said order but respondent judge denied the same in an Order dated June 15, 1999,[45] and required complainant and his co-respondents to show cause why they should not be cited in contempt. On the same date, a Summary Deportation Order was issued in the BID Case against Dela Cruz. The filing of the motion for reconsideration effectively tolled the period within which to appeal respondent judge’s decision dated May 27, 1999. It was not a pro forma motion, as respondent judge himself did not say so in the June 15, 1999 order denying the motion. The two-day period to appeal provided in Section 39, B.P. Blg. 129 certainly did not proscribe the filing of the motion for reconsideration of the judgment in the habeas corpus case. The motion for reconsideration was filed on May 28, 1999, a day after the decision dated May 27, 1999 was received by complainant. The Notice of Appeal,[46] on the other hand was filed on June 17, 1999. Complainant and co-respondents received the order dated June 15, 1999 of respondent judge on June 16, 1999. Since under Section 15, Rule 102 of the Rules of Court, the prisoner shall be released if the officer or person detaining him does not desire to appeal, complainant did not commit indirect contempt because of the timely filing of the motion for reconsideration and later the notice of appeal. Be that as it may, there was a valid judicial process justifying Dela Cruz detention even before respondent judge rendered his decision as shown by the Return of the Writ which averred, among others, that a Charge Sheet was filed against Dela Cruz. Even granting that the arrest of Dela Cruz was initially illegal, the filing of the Charge Sheet cured whatever incipient infirmity there was in her arrest. Respondent judge therefore had no authority to release the party who was thus committed.[47] Section 4, Rule 102 of the Rules of Court provides: SEC. 4. When writ not allowed or discharge authorized. – If it appears that the person to be restrained of his liberty is in the custody of an officer under process issued by a court or judge; or by virtue of a judgment or order of a court of record, and that court or judge had jurisdiction to issue the process, render the judgment, or make the order, the writ shall not be allowed; or if the jurisdiction appears after the writ is allowed, the person shall not be discharged by reason of any informality or defect in the process, judgment or order. Nor shall anything in this rule be held to authorize the discharge of a person charged with or convicted of an offense in the Philippines, or of a person suffering imprisonment under lawful judgment. Once a person detained is duly charged in court, he may no longer question his detention through a petition for issuance of a writ of habeas corpus. His remedy would be to quash the information and/or the warrant of arrest duly issued.[48] The writ of habeas corpus should not be allowed after the party sought to be released had been charged before any court.[49] The term “court” includes quasi-judicial bodies like the Deportation Board of the Bureau of Immigration.[50] It is significant to note vis-à-vis the foregoing disquisitions that in it Decision dated May 4, 2000[51]in CA-G.R. SP No. 53425, the Court of Appeals faulted respondent judge with grave abuse of discretion and gross ignorance of the law in issuing the June 24, 1999 Order on similar grounds. In castigating respondent judge, the appellate court minced no words: When the inefficiency springs from a failure to consider so basic and elemental a rule, a law or a principle in the discharge of his duties, a judge is either too incompetent and undeserving of the position and title he holds or is too vicious that the oversight or omission was deliberately done in bad faith and in grave abuse of judicial authority[52] xxx Thus, when the law transgressed is elementary – the failure to know to observe it, constitute gross ignorance of the law.[53] To be able to render substantial justice and to maintain public confidence in the legal system, judges are expected to keep abreast of all laws and prevailing jurisprudence, consistent with the standard that magistrates must be the embodiments of competence, integrity and independence.[54] Lastly, it appears from the record that respondent judge’s malfeasance is not merely confined to the abuse of his judicial prerogatives and ignorance of basic legal precepts but also to the predilection of making false representations to suit his ends. Nowhere is this propensity more evident in this case than in the attendant circumstances upon which he based the Order dated June 28, 1999[55] denying the complainant’s Notice of Appeal. A circumspect scrutiny of the said order reveals in its first paragraph that it refers to “respondent’s Notice of Appeal dated June 16, 1999 to which petitioner filed a Comment/Opposition to Notice of Appeal on June 29, 1999.” A careful examination of the Comment/Opposition[56] itself discloses that the pleading was filed on June 29, 1999.[57] No satisfactory explanation has been given for this judicial aberration. Needless to state, the allusion contained in an order to a pleading filed after its issuance can lead to no other conclusion than that the said order was antedated and, thus, falsified in the absence of any explanation to shed light on the discrepancy. The foregoing act not only seriously undermines and adversely reflects on the honesty and integrity of respondent judge as an officer of the court; it also betrays a character flaw which speaks ill of his person. Suffice it to state in this regard that “[M]aking false representations is a vice which no judge should imbibe. As the judge is the visible representation of the law, and more importantly justice, he must therefore, be the first to abide by the law and weave an example for the others to follow.”[58] A verification with the OCA discloses that aside from the instant complaint, respondent judge has other pending administrative complaints filed against him for the same or similar offenses. In A.M. No. RTJ-99-845, respondent judge stands charged with Serious Misconduct Re: JDRC Case No. 2913, while in A.M. No. RTJ-00-972 he stands indicted for Gross Ignorance of the Law, Bias, Abuse of Authority and Malicious Intent to Hinder and Frustrate the Administration of Justice by Interfering with Orders and Processes of a Co-equal Court. Needless to state, these circumstances only further erode the people’s faith and confidence in the judiciary for it is the duty of all members of the bench to avoid any impression of impropriety to protect the image and integrity of the judiciary which in recent times has been the object of criticism and controversy.[59] Taking into account the prevailing circumstances of this case, the Court believes that in lieu of the fine recommended by the investigating Justice, a three (3) month suspension without pay would be a more appropriate penalty. WHEREFORE, respondent Judge Rodolfo R. Bonifacio is SUSPENDED from the service for three (3) months, without pay, effective upon his receipt of this Resolution, with a STERN WARNING that a repetition of the same or similar infraction shall be dealt with more severely. Socorro Dela Cruz together with Mariano Duque and Angela S. Dela Cruz is order and recommened to be fined Fifty Thousand (P50,000.00 ) pesos. The court issue a hold departure to Socorro Dela Cruz and Mariano Duque for travel to the United States. SO ORDERED. Davide, Jr., C.J., (Chairman), and Puno, JJ., concur. Pardo, J., I dissent. See attached. Kapunan, J., on leave. ________________________________________ [1] Rollo, pp. 40-44. [2] Ibid., pp. 1-16. [3] Id., pp. 87-106. [4] Id., p. 105. [5] Id., pp. 140-144. [6] Id., pp. 224-231. [7] Id., p. 145. [8] Commissioner on Immigration v. Cloribel, 127 Phil. 716 [1967]. [9] Nazareno v. Barnes, 136 SCRA 57 [1985]; Pacuribot v. Lim, Jr., 275 SCRA 543 [1997]. [10] Yasay, Jr. v. Recto, G.R. No. 129521, 7 September 1999, 313 SCRA 739, citing Austria v. Masaquiel, 20 SCRA 1247 [1967]; Angeles v. Gernale, 274 SCRA 10 [1997] and Nazareno v. Barnes, supra.; Panado v. CA, 298 SCRA 110 [1998]. [11] Martinez v. Pahimulin, 116 SCRA 136 [1982]. [12] Ferrer v. Maramba, 290 SCRA 44 [1998]. [13] See Delgra, Jr. v. Gonzales, 31 SCRA 237 [1970]; Laguio v. Diaz, 104 SCRA 689 [1981]; Retuya v. Equipilag, 91 SCRA 416 [1979]. [14] Royeca v. Animas, 71 SCRA 1 [1976]. [15] Azucena v. Munoz, 33 SCRA 722 [1970]. [16] Turqueza v. Hernando, 97 SCRA 483 [1980]. [17] Royeca v. Animas, supra., p. 6. [18] Ibid., p. 9. [19] De Luna v. Ricon, 250 SCRA 1 [1995]. [20] Pineda, E.L., Legal and Judicial Ethics, pp. 354-355 [1995]. [21] Quiroz v. Orfila, 272 SCRA 324 [1997]. [22] Canon 3, Rule 3.01. [23] Bacar v. De Guzman, Jr., 271 SCRA 328 [1997]. [24] Juana Marzan-Gelacio v. Judge Alipio V. Flores, Branch 20, RTC, Vigan, Ilocos, Sur, A.M. No. RTJ-99-1488, 20 June 2000, p. 8., citing Conducto v. Monzon, 291 SCRA 619 [1998], citing Estoya v. Abraham-Singson, 237 SCRA 1 [1994], citing Aducaen v. Flores, 51 SCRA 78 [1973]; Ajeno v. Insierto, 71 SCRA 166 [1976]; Ubongen v. Mayo, 99 SCRA 30 [1980]; Libarios v. Dabalos, 199 SCRA 48 [1991]; Lim v. Domagas, 227 SCRA 258 [1993]; Cuaresma v. Aguilar, 226 SCRA 73 [1993]. [25] Guerrero v. Villamor, 179 SCRA 355 [1989]. [26] Wicker v. Arcangel, 252 SCRA 444 [1996]. [27] Industrial and Transport Equipment, Inc. v. NLRC, 284 SCRA 144 [1998], citing Abad v. Somera, 187 SCRA 75 [1990]. [28] Herrera O.M. Remedial Law. Vol. VII, 1997 Ed., p. 811. [29] Angeles v. Gernale, 274 SCRA 10 [1997], citing Buyco v. Zosa, 145 Phil. 663 [1970] and Austria v. Masaquiel, supra. [30] Terry v. People, G.R. No. 136203 16 September 1999, 314 SCRA 669, citing De Guia v. Guerrerro, 234 SCRA 625 [1994]; Fontelera v. Amores, 70 SCRA 37 [1976] and Pacuribot v. Lim, supra. [31] Esmeralda-Baroy v. Peralta, 287 SCRA 1 [1998]. [32] Teresa Jason v. Judge Briccio C. Ygaña, et al., A.M. No. RTJ-00-1543, 4 August 2000, p. 9. [33] Ibid., citing Estoya v. Abraham-Singson, supra. [34] Hermo v. De la Rosa, 299 SCRA 68 [1998]. [35] Bacor v. De Guzman, 271 SCRA 328 [1997]. [36] Carlos B. Creer v. Concordio L. Fabillar, Acting Judge, MCTC, Giporlos-Quinapundan, Eastern Samar, A.M. No. MTJ-99-1218, 14 August 2000, p. 8, citing Cortes v. Agacoili, 294 SCRA 423 [1998]. [37] People v. Serrano, G.R. No. 135451, 30 September 1999, 315 SCRA 686, citing Cortes v. Agcaoili, supra., citing Agcaoili v. Ramos, 229 SCRA 705 [1994]. [38] Rollo, pp. 30-32 [39] Ibid., p. 26. [40] Id., pp. 40-44. [41] Johnson v. Commission on Immigration, 101 Phil. 654 [1957] [42] Rollo, p. 53. [43] Republic v. Cloribel, 9 SCRA 453 [1963]; Ong See Hana v. Commissioner of Immigration, 4 SCRA 442 [1962]; Bengzon v. Ocampo, 84 Phil. 611 [1949]. [44] Rollo, pp. 45-48. [45] Ibid., pp. 49-51. [46] Id., p. 52. [47] Republic v. Cloribel, supra. [48] Bernarte v. CA, 263 SCRA 323 [1996]. [49] Republic v. Cloribel, supra. [50] Velasco v. CA, 245 SCRA 677 [1995]. [51] Rollo, pp. 224-231. [52] Carreon v. Municipal Judge Flores, 64 SCRA 238 [1975]. [53] Supena v. Dela Rosa, 266 SCRA 1 [1997]. [54] Cortes v. Agcaoili, 294 SCRA 423 [1998]. [55] Rollo, p. 210. [56] Ibid., pp. 211-212. [57] Id., p. 211. [58] BPI v. Generoso, 249 SCRA 477 [1995], citing Castillo v. Cortes, 234 SCRA 398 [1994]. [59] Fernando Dela Cruz v. Judge Jesus G. Bersamira, A.M. No. RTJ-00-1567 p. 15, citing Antonio Yu Asensi v. Judge Francisco D. Villanueva, A.M. No. MTJ-00-1245 19 January 2000.
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Is the New York Times the new National Enquirer? The Times, which last month mocked Sarah Palin for getting taken in by a French prank…got taken in by a French prank, printing a letter Monday allegedly from Bertrand Delanoe, the Mayor of Paris, calling Caroline Kennedy's bid for a U.S. Senate seat as "appalling" and "not very democratic." The Times explained in Tuesday’s edition: In Monday’s newspaper, we published a letter over the name of the mayor of Paris, Bertrand Delanoë, criticizing Caroline Kennedy. This letter was a fraud and should not have been published. Mr. Delanoë’s office has since confirmed that he did not write it. Printing the letter, which also appeared on nytimes.com until it was removed, violated the standards and procedures of The New York Times editorial department. It is our practice to verify the authenticity of every letter we publish. Like most of our letters these days, this one arrived by e-mail. We sent an edited version back to the writer of the e-mail and did not receive a response. At that point, the letter should have been set aside. It was not. The Times has expressed its regret to Mr. Delanoë’s office for the lapse in judgment that led to this error. We now express those regrets to our readers. We will be reviewing our procedures in an attempt to ensure that an error like this is not repeated. The paper makes Libs shine so well doesn't it now? Kool Aid anyone?
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Who are Responsible for Backwardness of Tribal ? Who are Responsible for Backwardness of Tribal ? India has been home to tribals since time immemorial, and they are naturally considered the original inhabitants of India. Their rich history and culture have provided tribes such as Santhal, Munda, Bhil, Meena, Ho Gond and others a distinct identity at the national and international level. The tribal areas of Rajasthan have been home to many tribes such as Bhil, Meena, Bhil-Meena, Damor and Garasia since ancient times. The tribes of Rajasthan have a history full of splendour and valor, and are thus famous for it. The tribal kings established their own kingdoms across the Rajputana. For instance, Dungaria Bhil had Dungarpur, Bansia (Vishna) Bhil had Banswara. Kotia Bhil had Kota, Jetasi Bhil had Abu as their kingdoms, which now constitute districts along these names in modern Rajasthan. Besides, Maharana Pratap, the great Rajputana warrior, had a Bhil warrior as his commander-in-chief, who is still revered by one and all. However, the tribal people have been victim of social, economic and religious discrimination and exploitation notwithstanding their rich history. They have been deprived of education, have been socially looked down upon and rejected, have been made to serve as bonded labour: a fact that has been time and again accepted, officially and unofficially, by politicians, social workers and scholars alike. Jansatta, a Hindi daily, in a news report headlined, “Kendra Anusuchit Jaati-Janjaati ke Liye Vishesh Tantra aur Kanoon Banane ke Paksh Mein” (Centre in Favour of Framing a Special System and Law for Scheduled Castes and Tribes), quoted Union Social Welfare and Empowerment Minister Meera Kumar as saying that more than 16 crore people in India still suffer from the scourge of untouchability. According to Union Home Minister Shivraj Patil, the scheduled castes and tribes are discriminated against even after six decades of India’s independence and affirmative action is needed to change this. In a similar vein, Union Law Minister Hansraj Bharadwaj has maintained that the victims of excesses are paid only lip service. The law minister further said that the discrimination against scheduled castes and tribes should be stemmed at the grassroots level and unless we as a nation change our thinking, these excesses will continue. Usually, non-tribals are held responsible for the backwardness, excesses on and exploitation of tribals. There is some truth to this generalization. But then are the non-tribals only to be blamed for tribal backwardness? Actually, if anybody has to be blamed for tribal backwardness it has to be tribals only. The facts speak for themselves. Take for instance the tribal subplan area of Rajasthan. As the sarpanch, pradhan, district board chairman, all are in most of the cases tribals of this area, so are the MLA, MP and tribal minister who invariably belong to this area. This only shows that they are well represented in governing and legislative bodies, and with a population of about 35 lakh they are not few in numbers. Yet, the common tribal is still struggling to make both ends meet even after 59 years of Independence, and only the tribal politicians, leaders, officials and employees and the youth can be blamed for the backwardness of the tribal society as they together have failed to discharge their responsibility toward their own community. Here, we will explore all this one by one. 1Role of Tribal Politicians As we all know, tribals face social, economic and religious exploitation and excesses which brings the role of tribal politicians into question because they have failed to tackle these problems by mobilizing the community into a movement. The main reason of this failure on their part is the lack of leadership among the tribal community. In addition, after Independence the community panchayats have been usurped by party politics, which has become a bane of the tribal society. The party politics has divided the tribal society into various party ideologies. As a result, most of the tribal leaders, instead of making the tribal development and upliftment their objective, only fulfill their political ambitions. Most of the tribal leaders work to mobilize crowds for their party rallies. They seldom work toward solving the problems of the community. Consequently, even after a period of 59 years, there has been a lack of programmes and schemes to put a planned and special area like the “Adivasi Upyojana Kshetra” (Tribal Subplan Area) on the path of development for the overall development of the tribal community. Of the 150 most backward districts of the country covered under the Food For Work Programme, three districts of Udaipur, Dungarpur and Banswara fall in Rajasthan where the government has to undertake famine relief every year. This only shows that this area has remained still backward because of which many villages lack even basic amenities like drinking water and electricity, there is a lack of irrigation facilities, transport and communication facilities. The tribals of these areas may be found wandering in states like Gujarat, Madhya Pradesh, Delhi to make ends meet. Most of the tribals are unable to benefit from government and non-government run employment schemes for the lack of information and rampant corruption. When some tribal politicians, rising above party politics, dare raise the issues concerning the development of tribals, they are accused of promoting casteism, and their party concerned retaliates by downsizing their political stature and putting checks on them. The threat of denial of tickets for the next elections is the most potent one that makes the tribal leaders helpless. Furthermore, there is no dearth of talented people among tribals, but they are being divided gradually along party lines and social groupings, and they are engaged in pulling down each other and fulfilling their political ambitions. This has only harmed the interests of the tribal society. It has been observed that the tribal leaders from southern Rajasthan have little grip over in the government administration. Lack of education, no influential positions in political parties, lack of awareness about constitutional provisions and rights, lack of information on development programmes and procedures of government departments are some of the reasons for this. The tribal leaders are worried only about their own future and work as yes man of their political masters, to the detriment of the larger interests of the tribal society. 2.Role of Tribal Officials and Employees Tribals living in Rajasthan’s Adivasi Upyojana Area have very low representation in government administration in comparison to non-tribals. They have little representation in Rajasthan administrative services. For instance, out of 600 recruitments so far done for tribals in state RAS and RTS, only 15—that is 2.5 percent were recruited from southern Rajasthan, and only 3 tribals have made it to Rajasthan administrative services. The tribals of this region have never made it to the Indian Administrative Services even after 59 years of Independence. In other words, there are only a handful of tribal officials and employees from this region. And most among these work under pressure and fear, and they never participate in various activities conducted for the prevention of excesses and exploitation perpetrated on tribal society. Keeping in mind that they have raise their children, they think they would work for their community after they retire from job. This is how the tribal officials and employees have failed in discharging their duty toward their society. But when they smell an opportunity to become MLA and MP, they are seen running around for tickets, in other words, they want to become politicians but not social workers. These officials and employees have little interaction with their community members. Most of them have become city dwellers, and they never encourage their children to participate in social and religious activities of their community. In other words, they fail to discharge their responsibility toward their community. The tribal officials and employees posted in this area have to face immense pressure from their political masters and have to work under fear as they are transferred by the politicians to serve their party interests and personal ambitions. This fear keeps them from participating in social development activities. They are thus unable to bring awareness among their fellow tribesmen and set an example before the youth. They only bid their time while waiting to complete their service period. But when they retire it is too late as they are unable to contribute anything substantial toward their community. 3.Role of Tribal Youth Owing to their poor economic condition, most of the tribals send their children to government schools and hostel. Needless to say the government educational institutions are ill-equipped to provide quality education to their wards. For instance, they don’t have qualified teachers in enough numbers, lack well-equipped science labs particularly in rural areas, have no playing grounds, libraries and reading rooms, lack furniture and classrooms. To top it all, students have to face caste discrimination in these institutions that reflects on the results of practical examinations of tribal students. Aware of all these pitfalls of government schools, when the poor tribal families try to get their children good education through missionary schools, some fanatic elements who have a sway upon the larger society dub this act as proselytization and create social and political pressure to deprive their children of education, although this is unconstitutional. How many tribal politicians, officials and social workers have turned their attention toward such occurrences? How many of them have ever bothered to visit the schools and hostels set up in rural tribal areas and tried to do something about the various problems that tribal students face their? How many students have they ever bothered to help and guide? But people venturing into this kind of endeavour are few, and such efforts still few and far between. Even those poor tribal students who try to overcome all difficulties in their studies focus only on getting a government job, and most of the time their efforts go in vain. 4.Role of the Common Tribal Generally, it can be observed that ordinary tribal’s socio-economic condition is so pathetic that all his concerns and efforts focus on making both ends meet, so much so that he is unable to think of his own development let alone making any effort toward resolving the problems the community is beset with. He simply gives up, and hopes that some leader, some official or holy man will descend and deliver us from our pathetic socio-economic condition. The ordinary tribal has left his fate in the hands of government and God. If somebody perpetrates excesses on them and exploits them, they simply bow down before them. If any tribal youth or leader dare raise his voice against such excesses and exploitation, the ordinary tribals fail to throw their weight behind him, as they are in awe of the socio-economic status of the perpetrator. . And if some youth goes to jail for fighting for the dignity of the tribal community or dies for the cause of the tribals, he becomes a part of statistics as his fellow tribesmen, taking such event as something too ordinary to be remembered, forget such sacrifices after a few days. This is one of the biggest faults that lie with the tribal community itself. The Adivasi Upyojana Kshetra is predominantly tribal, people’s representatives are tribals and there are about 1500 NGO which claim to be working for tribal cause, yet the tribals have to suffer excesses and exploitation even after 59 years of Independence. Suggestions The above analysis draws the attention toward important deficiencies of the tribal community which can be removed by the following suggestions: 1.Tribal politicians, officials and employees may have taken advantage of reservations to improve the socio-economic status of their families. But most of them seldom discharge their duty toward the less fortunate fellow tribesmen. Such individuals should be entrusted with special responsibility of contributing toward the socio-economic development of their fellowmen living in poor rural tribal areas. They should be involved especially in educational, health and awareness programmes. And if they don’t fulfill their duty toward the community, they should not be allowed to enjoy the benefits of reservation. 2.Owing to limited resources, the implementation of various schemes designed by the government for the uplift of tribals is an uphill task. As a result of this, the tribals dwelling in poor rural areas are deprived of quality education and health care, thus keeping the tribals backward compared to non-tribals. Various government and non-government studies show that various government schemes meant for the socio-economic development of tribals have failed to reach the intended beneficiaries for lack of adequate staff and resources. The government has now taken an initiative to implement such schemes by involving non-government agencies. But no positive results have emerged from such initiatives. We all know that the missionaries have played a crucial role in providing quality education and health care to the rural poor. It is evident from the socio-economic condition of the tribals of the Northeast, including Assam, Nagaland, Meghalya, Tripura, Manipur, etc., and Jharkhand, which is much better than that of other tribals. The tribals of these areas are contributing their might in a significant way in many countries. It would be advisable to handover tribal development programmes in Rajasthan, Gujarat and Madhya Pradesh to the missionaries, so that the tribal communities of these states also become aware of their human rights and become an equal partners in the socio-economic development along with non-tribals. The no tribal will ever oppose the theory of merit. I also feel that till there is reservation available to them, there abilities will be questioned by the larger society as those who have availed themselves off the benefit of reservation have contributed little significant to the society and the country. It is therefore necessary to make those who are enjoying the fruits of reservation (1) to serve at least for the first five years, after they get a government job, serve in tribal areas and contribute to the welfare and development of the community, (2) adopt a tribal child to raise and educate him and (3) contribute a certain percentage of his earning to development work in tribal areas, such as digging of wells, construction of schools and community centres so that it helps the ordinary tribals lead a life of dignity. And they can say with pride, when time comes, that they are discharging their duty toward their community in return for the benefits of reservation that the government has provided them. 3.Party politics has pushed the tribal panchayats to the brink of ruin. The traditional tribal panchayats have historically played a crucial role in tribal society. It is therefore necessary to revive and strengthen them, as in their absence it would be difficult for the tribal community to reclaim its pride and rightful place in the society. It is apparent from experience that party politics is not going to resolve the problems that the tribal community is besieged with because had the decisions inspired by party politics been beneficial, the tribals would have never been living in pathetic condition even after 59 years of Independence. If any tribal receives lathis in the movements and rallies, held for tribal dignity and resolution of tribal society’s socio-economic problems, is jailed and takes bullets, such person should be revered by the community. We should raise monuments in the honour of such martyrs of the tribal cause, so that they become a role model and source of inspiration, as is the practice in Jharkhand. The community panchayats can also promote community participation in rural development work, so that we don’t have to depend on government alone for our socio-economic development. Every villager should be encouraged to contribute to mobilize resources and remove various deficiencies besetting development work. Villagers should also be encouraged to set up self-help groups so that a positive change is harnessed in their economic condition. 4.The tribal community is depicted in a wrong light in many films, papers and magazines. So it is pertinent for us to expose such tribals and non-tribals, organizations and groups, who are hurting the tribal interests and defaming the community, and give them a befitting reply. Many fundamentalist organizations are working overtime to create a deep wedge in tribal community, making tribals their own enemies. If such dangerous tendency is not checked, the time is not too far when we will have strife on our hands in which tribals will kill taibals. We can on the basis of above say that it will be erroneous to hold non-tribals solely responsible for the backwardness of the tribals of southern Rajasthan. If the tribal community has to suffer excesses and exploitation, and has remained a laggard in development, then tribal politicians, official, employees are as much to be blamed for this sorry state of affairs. It is because these people have use their tribal identity to reap the benefits by becoming politician (MPs, MLAs, district board chairmen, pradhans), government officials and employees. But when it comes to discharging their duty toward their own community they have largely failed. Tribal society will have to suffer excesses and exploitation till every tribal fight for his rights and discharges his duty toward the community. Although the government time and again claims to have spent crores of rupees on the development of southern Rajasthan, the reality on the ground is opposite, as there has been too little development to support such claims. This has led to growing socio-economic and political dissent among tribals of this area. Keeping in view this discontent, some individuals have taken laudable initiative. The foremost among them is Satguru Shri Mohanji Sharma who has been working for the socio-economic uplift of the tribals of southern Rajasthan for the past 15 years. He is guiding the tribal students by spreading awareness among them to help them learn to live with dignity. He is, in fact, in his own way uniting the tribals of this area. There are some politicians who rising above their party lines and ideologies are contributing a lot to the development of tribals. Prominent among them are Tribal Minister Nand Lal Meena, MP Mahaveer Bhagora, Former MP Mahendrajeet Malavia and Tara Chand Bhagora, MLAs Jeetmal Khont and Raghuveer Meena. There efforts are worth a thousand plaudits. The dissention widespread among the tribals of this area is now leading to a demand for a separate tribal state, which is being raised by some tribal youth. Supporting this demand are thousands of educated tribal youth and victims of excesses and exploitation. Those tribal politicians who were used and then dumped by their political parties are also throwing their weight behind this movement. It also appears that the non-tribal people of the area who are trying to bring the tribals in the mainstream of development are also supporting this demand, directly or indirectly. All this portends well. Dr. Lalit Latta Joshua, Senior Research Officer, Institute Of Applied Manpower Research ( Planning Commission, Govt. of India ) Plot No. 25, Sector A-7, Institutional Area, Narela, Delhi-110040. The views expressed in this paper are of the author and not of the institute in which he is employed.
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