Work with the Solid Waste Management department to provide them with Assignment

Work with the Solid Waste Management department to provide them with an analysis of their trash collection practice - Assignment Example The City is likely to collect 163138.7 tons of solid waste in the next six months. The mean, 8.6, means that every trip carries about 8.6 tons of solid waste and that a total of 163,138.7 tons of solid waste was disposed in the six months. The value can then be used as an estimate for the next six months’ quantity of disposed waste. Cost of waste disposal can be derived from quantity of waste disposed and unit cost of disposal. Based on the number tons for each truck and landfill used for the six months, the City spent $3,895,594 in the first six months and this value is predicted for the next six months. The City will therefore spend a total of $7,791,188 on solid waste disposal. Analysis of the total cost of waste disposal suggests that the City spends about $ 205.323 per day, $ 3,895,594 in six months, and $ 649,265.7 per month on solid waste disposal. The City however disposes about 27,189.8 tons per month and this can be used to compute possible cost under WMI’s proposal. The proposal will therefore lead to a monthly expense of about $492,244.5, which is lower than the current monthly expenditure of $649,265.7. Based on the data, WMI’s proposal is recommended. Before making a decision, however, factors such as reliability and quality of service that WMI delivers should be considered. The City should ensure that WMI can match quality of the other service providers. The City should verify ability of WMI to collect waste at the expected times and whether the service provider has required resources and potentials to offer the service. Terms of the company’s service delivery, its future stability, and its adherence to environmental regulations are other factors that the City should consider before deciding to work with WMI (Johansson, Lunberg, and Ryberk, 2012). This is because the factors are important to utility among involved stakeholders such as

GLOBAL MARKETING Essay Example | Topics and Well Written Essays - 1000 words

GLOBAL MARKETING - Essay Example A good example of a firm practicing internalization as a result of globalization is KFC Limited (Kentucky fried Chicken) which has opened eateries in Europe, Asia and Africa yet its home country is USA. Key drivers of globalization have been linked to internalization with regards to marketing in that they might have positive and negative effects on marketing. Some of the key drivers of globalization are as presented by Daniel Traca in his article(International Trade) are, lower transport and communication costs, development of international institutions and political decisions towards deregulation and liberation of trade and FDI(Foreign Direct Investment) regulations. Lower transport and communication costs have especially propelled marketing standards by firms. This has led to healthier marketing competition and reduced monopoly by some major firms. It has also widened their market base and resulted into increased revenues. Customer services and goods delivery has also improved due to this. Daniel Traca outlines that the development of international institutions such as the World Trade Organization (WTO) and regional trade agreements between continental blocks and countries has greatly lead to internalization benefits by major firms. Though some regulations and rules that are governed by WTO have added towards marketing internalization, some are restrictive and are not favourable to all participants. Regional trade agreements have also lead to better products and services by firms in these regions. This is as a result of favourable marketing conditions such as reduced taxes, large market sizes and setting up of Export Processing Zones that foster growth of trade and marketing. Political decisions towards deregulation and liberation of trade and FDI regulations have resulted into better marketing standards. This has enabled firms to directly market themselves globally by getting involved in community programs

Comparison between KFC (uk) and Nando's chickenland Ltd huddersfield Essay

Comparison between KFC (uk) and Nando's chickenland Ltd huddersfield - Essay Example is the highest in the hierarchy and it is very important for a company to be consistent with its strategies so that it can have competitive advantage in the market. Competitive advantage in a company grows when the company is able to provide its clients with quality products and services at the appropriate time and place. Nandos chicken land has used information technology for them to grow at the intended time and send new products and services. The supply system in Nandos chicken land has used information technology in maintaining competitive advantage. A product has competitive value when it provides more value to the users than a competitive product or services. This value can be in symbolic terms of attributor or both. In the past century, Nandos chicken land has been using information technology for operational and management of the company. It is until recently that the company is using information technology to get significant competitive advantage (Khosrowpour, 2002, p. 15). For instance, it was the first to establish online order entry in restaurants and now they dominate the hotel delivering business. Nandos chicken land has set up ways to make reservations through a computer application, which has made it impossible for other companies to overcome them. The importance of products and services offered through the computer by Nando’s chicken land system does not lie on how the information technology is sophisticated or the reports it delivers. But, they are established by examining how they play in the company’s need for competitive advantage (Khosrowpour, 2002, p. 35). These are known as strategic information systems that help in shaping and supporting the competitive advantage of the restaurant. They are plans that help in gaining and maintaining the competitive advantage. KFC (UK) uses commercial advertisement in advertising their products. The commercial advertisement features a live band where the singer swallows fire. The company has a logo

Behavioural Approach Essay Example for Free

Behavioural Approach Essay The behavioural approach suggests that all behaviour is learnt. This includes abnormal behaviours. Behaviours can be learned through classical conditioning, operant conditioning or modelling. Ivan Pavlov discovered classical conditioning, where learning results from the association of stimuli with reflex responses. Classical conditioning can be used to explain the development of many abnormal behaviours, including phobias, anxiety disorders and taste aversions. An example of how classical conditioning might result in a phobia is the case of Little Albert. In an experiment carried out by Watson and Rayner, a 11 month old boy called ‘little Albert’ was taught to fear a white rat through associating it with a loud noise, a symbol behind his head. Each time he played with the rat the symbol would be hit which caused him to cry. Eventually he would do so even without the noise due to the classical conditioning theory. This research however, would not receive approval from an ethics committee today because it would be seen as unethical. Making the baby cry deliberately and teaching him to fear the rat would be seen as wrong because it could cause distress and would go against ‘little Alberts’ human rights. The theory of operant conditioning was proposed by Skinner. Operant conditioning involves learning from the consequences of actions. Actions which have a good outcome through positive reinforcement (reward) or negative reinforcement (removal of something bad) will be repeated. Actions which have a bad outcome (punishment) will not be repeated. Operant conditioning explains how abnormal behaviours might be maintained. This could be through positive reinforcement; behaviours which have a good outcome by bringing some sort of reward are said to be positively reinforced. On the other hand it could be down to negative reinforcement which is behaviours which have a good outcome by removing something unpleasant are said to be negatively reinforced. Finally, abnormal behaviours could also be learnt through modelling or social learning, which is learning through observation of an individual. What happens is simply an individual models the behaviour and the observer imitates the model. A strength of the behavioural approach is that it can be experimentally tested. The principles of learning have been and continue to be tested empirically in a laboratory. The focus on observable behaviour means it can be objectively measured. A further strength is that unlike the psychodynamic approach, it doesn’t require delving into the past, which is problematic because it could unearth traumatic experiences which can produce unreliable data. However, those who support the psychodynamic approach suggests the behavioural model only focuses on symptoms, not on the underlying causes of abnormal behaviour. Freudians claim it treats the symptoms while ignoring the root cause of the problem. Therefore it cannot work as the problem will just represent itself with different symptoms. Whereas, the biological approach cannot explain cultural differences in abnormality such as culture-bound syndromes, a strength of the behavioural approach is that it can account for this because It accounts for cultural differences because it recognises the importance of the environment in shaping behaviour. While behavioural treatments are often effective for certain disorders such as obsessive-compulsive disorder and phobias, they have not been found to be effective for many other disorders and have also often been criticised for being unethical because treatment is often painful and uncomfortable and is sometimes imposed on individuals without their consent. The behavioural approach is accused of being reductionist and simplistic. This is because it’s a simple approach with connections of stimulus. It neglects the influence of cognitions (The mental action or process of acquiring knowledge and understanding through thought and experience). A further limitation is that much behaviourist research involves animal studies. While behaviourists argue that humans are fundamentally the same as non-human animals, others would argue that the greater complexity of the human mind makes it difficult to generalise findings from animal studies to humans. Overall the behaviourist approach shows all behaviour to be learnt through our experiences. It states that this learning can either be learnt through classical or operant condition and also the social learning theory. It can be experimentally tested and proven which makes the approach credible however it can be seen just to treat the symptoms of a abnormal behaviour rather than looking at the cause.

Essay --

Some theorists, like Lakoff, that both genders are innately different when it comes to communication and therefore both genders are treated differently (Lakoff 1975: 50). Foels, Driskell, Mullen, and Salas believe that both genders do not communicate differently in the least and instead communication techniques vary according to the situation or context in which a person interacts (Foels, Driskell, Mullen, Salas 200: 676-677). Some, like Tannen and Wood, even believe that the main distinction between male and female talk is not that both genders communicate differently; it is that males and females simply misunderstand each other (Tannen 1990: 363,368; Wood 2009: 7-8, 25). Arguments from theorists Cameron, Coates, Ostermann, West et al, and Harvey will also be explored when analyzing the gender distinctions evident in communication. Recognizing particular cues that concern a certain situation can be taught and may not be gender-dependent. There do seem to be appropriate ways to comm unicate based on what one is attempting to achieve in conversation – having nothing to do with gender. Examples in the transcription of the conversation of four females I observed show that females tend to speak in higher pitches. But other theories may suggest that women are merely socialized to communicate in this way – based upon culture, environment, context, etc. Robin Lakoff suggests that women tend to use â€Å"tag questions,† which illustrate an uncertain and weaker picture of questioning compared to that of an authoritative and aggressive male form of questioning in communication (Lakoff 1975: 54-58). Lakoff also suggests that women use hedges and imperatives more often when communicating. For example, questions like â€Å"It is sort of cold (hedge). Wh... ...lities in dating and comparing the study’s findings with the transcription will add value to what the study determines is â€Å"girl talk.† Like the study suggests, and what society generalizes as well, female communication differs systematically in many ways from that of male communication. I also want to analyze other ways of communicating more effectively, ignoring the notion of gendered talk and what implications that may have – what happens when a male or female steps out of their schema and maybe communicates opposite of what is expected of him or her. My transcription contains cross-cultural communication as well, which may suggest other preconceived notions on female communication. Exploring female communication from other cultures and comparing it to our cultured communication may also suggest that communication differences are only situational or contextual.

Computer Hacking and Cyber Crime Law Essay

COMPUTER HACKING AND CYBER CRIME LAW History of Hacking According to (Clifford R.D. 2006) a cracker or cracking is to â€Å"gain unauthorized access to a computer in order to commit another crime such as destroying information contained in that system†. These subgroups may also be defined by the legal status of their activities. Eric S. Raymond (author of The New Hacker’s Dictionary) advocates that members of the computer underground should be called crackers. Yet, those people see themselves as hackers and even try to include the views of Raymond in what they see as one wider hacker culture, a view harshly rejected by Raymond himself. Instead of a hacker/cracker dichotomy, they give more emphasis to a spectrum of different categories, such as white hat, grey hat, black hat and script kiddie. World Of Hacking Hacking is the practice of modifying the features of a system, in order to accomplish a goal outside of the creator’s original purpose. The person who is consistently engaging in hacking activities, and has accepted hacking as a lifestyle and philosophy of their choice, is called a hacker. Modifying the features of a system. Gaining an unauthorized access to a computer system. Breaks into a system security. Refers to the hobby/profession of working with computers. It also about learning how a system works and how to make it do things it wasn’t designed to do, or you haven’t got the privileges to do. Hacker A hacker is someone who seeks and exploits weaknesses in a computer system or computer network. Hackers may be motivated by a multitude of reasons, such as profit, protest, or challenge. The subculture that has evolved around hackers is often referred to as the computer underground and is now a known community. White Hats – good Gray hats – good or bad Black hats – bad Script kiddie A script kiddie (also known as a skid or skiddie) is a non-expert who breaks  into computer systems by using pre-packaged automated tools written by others, usually with little understanding of the underlying concept—hence the term script (i.e. a prearranged plan or set of activities) kiddie (i.e. kid, child—an individual lacking knowledge and experience, immature). Blue hat A blue hat hacker is someone outside computer security consulting firms who is used to bug test a system prior to its launch, looking for exploits so they can be closed. Microsoft also uses the term Blue Hat to represent a series of security briefing events. Hacker Code Of Ethics Levy (1984) suggests that there is a â€Å"code of ethics† for hacking which, though not pasted on the walls, is in the air: Access to Computers – and anything which might teach you something about the way the world works – should be unlimited and total. Always yield to the Hands-On Imperative! All information should be free. Mistrust Authority – Promote Decentralization. Hackers should be judged by their hacking, not bogus criteria such as degrees, age, race, or position. You can create art and beauty on a computer. Computers can change your life for the better. CYBER CRIME LAW Senator Angara is defined as any illegal and criminal act activity committed on the internet. State Policy Regarding Cyber Crimes The State Recognize.. 1. The vital role of information and communication industries such as content production, telecommunication, broadcasting, electronic commerce, and data processing, in the nation’s overall social and economic development. 2. The importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communication technology to attain free, easy and intelligible access to exchange and/or delivery of information. 3. The need to protect and safeguard the integrity of computer, computer and communication systems, network, and databases and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and  illegal access by making punishable under the law such conduct or conducts. Cyber Crimes Offenses 1. Offenses against the confidentiality, integrity and availability of computer data and systems. A. Illegal Access – The intentional access to the whole or any part of a computer system without right. Element of Computer System There must be a device a group of interconnected or related devices. At least one of the devices performs automatic processing of data pursuant to a program. The device need NOT be connected in a network as long as it consists of both hardware and software and have input, output and storage facilities. Element of the offense of illegal Access 1.There must be an intentional access in whole or any part of a computer system. 2. The person who attempts, or is accessing, or had already access the data has no right to access to the system. â€Å"An Authorized person may not be authorized.† B. Illegal Interception Interception – refers to the listening to, recording, monitoring or surveillance of the content of communication. Elements of Illegal Interception 1. It must be intentional. 2. It must be by technical means. 3. The person involved is without any right to do the intercept. 4. The transmission of computer data to, from, or within a computer system is non-public. 5. It must not fall in any exemption. C. Data Interference Intentional or reckless alteration of computer data without right. C.System Interference Intentional or reckless hindering without the right of the functioning of a computer system by inputting, transmitting, deleting or altering computer data or program. MisUse of Devices The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of: – device, including a  computer program, designed or adapted primarily for the purpose of committing any of then offenses under this act; Or -a computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of committing any of the offenses under this Act; CYBERSEX AND CHILD PORNOGRAPHY CYBERSEX -Any person who establishes, maintains or controls, directly or indirectly any operation for sexual activity or arousal with the aid of or through the use of a computer system, for a favor or consideration. Child Pornography -refers to pornography depicting sexually explicit activities involving a child. It may use a variety of media, including writings, magazines, photos, sculpture, drawing, cartoon, painting, animation, sound recording, film video, and video games. Child pornography is divided into simulated child pornography and pornography which was produced with direct involvement of the child (also known as Child Abuse Images.) For a person to be guilty of cybersex as defined by the cybercrime law, all the following elements must be present: There must be an operation for sexual activity or arousal; The sexual activity or arousal is done with the aid of or through the use of a computer system; The activity is done for a favor or consideration. The operation is/ was established, maintained or controlled by a person directly or indirectly. From the above, element no.3 should NOT have been included by our law makers. What is the Penalty for this Crime? Any person found guilty of the cybercrime of cybersex shall be punished with imprisonment of prison mayor or a fine at least Two Hundred Thousand Pesos ( Php 200,000.00) But not exceeding One Million Pesos (1,000,000.00) or both. Sec. 5 Other Offenses: The following acts shall also constitute an offense: 1. Aiding or abetting in the Commission of Cybercrime– Any person who willfully abets or aids in the commission of any of the offenses enumerated in this Act shall be held liable. 2. Attempt in the Commission of Cybercrime– A prosecution who willfully attempts to commit any offenses enumerated in this Act shall be held liable. Sec. 6 Liability under other Laws A prosecution under this Act shall be w/o prejudice to any liability for violation Of the Revised Penal Code, as amended or special laws COMPUTER-RELATED OFFENSES: Computer-related forgery Computer-related Fraud Unsolicited Commercial Communications 1.) Computer-related Forgery -(a) the intentional input, alteration, or deletion of any computer data w/o right resulting in inauthentic data w/ the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless, whether or not the data is directly readable and intelligible; (b) the act of knowingly using computer data which is the product of computer-related forgery as defined herein, for the purpose of perpetuating a fraudulent or dishonest design. 2.) A pe rson is guilty of forgery if: (a)With purpose to defraud or injure anyone; OR (b) With knowledge that he is facilitating a fraud or injury to be perpetrated by anyone; the actor: 1.) alters any writings of another without his authority; 2.) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize the act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or 3.) utters any writing which he knows to be forged in a manner specified in the revised penal code. Elements of Computer related Forgery. First type of Offense â€Å"ACTIVE COMPUTER RELATED FORGERY† (a) There must be an intentional input, alteration, or deletion of any computer data without right; (b) The result is an inauthentic data; (c) The intent is to use the inauthentic data to be considered or acted upon as if it is authentic Second type of Offense â€Å"PASSIVE COMPUTER RELATED FORGERY a) There must be an existing inauthentic data brought about by the elements of ACTIVE computer-related forgery. b) Knowingly acting on the inauthentic data for the purpose of perpetuating a fraudulent or dishonest design. 2.) Computer Related Fraud If A had a loan from his cooperative and the only evidence of such loan is the records stored in the cooperative’s computer system, A with intent to procure economic benefit, changed the source code of the system’s program so that on an particular date, the system will hang and immediately cause the malfunctioning of the said system. Thus, A can easily deny that he still has an obligation to the cooperative. 3.) Unsolicited Commercial Communications -The transmission of commercial electronic communication with the use of a computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless a. There is a prior affirmative consent from the recipient; or b. The following conditions are present: i. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject receipt of further commercial electronic messages (‘opt-out’) from the same source; ii. The commercial electronic communication does not purposely disguise the source of the electronic message; and iii. The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce in the recipients to read the message. BLOG Blog can also be used as a verb, meaning to maintain or add content WHAT IS BLOGGING ? – A new form of expression where in you express your thoughts and ideas about a specific topic . BLOGGERS : Tina Hamilton is a veteran journalist , a social media guru and a aspiring blogger who enjoys covering a wide range of topics. She currently works with a professional SEO consultant in her attempt to gain an education in the industry John Charles Edward â€Å"Carlos† Pamintuan Celdran also known as CARLOS CELDRAN† He is truly proud of being a Filipino as his blog Celdrantours tries to change how the world sees Manila. Through his blogs. INTRODUCTION With the emergence and popularity of blogging as a new form of expression, the coverage of defamation laws has extended to cyberspace. The consequences is that, people who are adversely affected by writings in this medium is bringing lawsuits to protect their name and reputation. While the Philippine Constitution protects bloggers’ right to free speech and expression, this does not give them unfettered license to write to the detriment of others. This Chapter discusses the person’s right to free speech and expression while respecting the person’s honor. This chapter aims to equip the reader relevant knowledge to supplement his skills in determining whether or not a certain form of expression is within the scope guaranteed by the Constitution. Bases of the Guaranteed of the Right of Freedom of Expression Two (2) Philosophical Bases for the Guarantee of this Right Discovery of truth For self-government In the case of US vs. Bustos (37 Phil. 731), in which the defendants were charged with libel of a public officials for statements made Mr. Justice Malcolm, writing the opinion of the Court, said: â€Å"Public policy, the welfare of society, and the orderly administration of government, have demanded protection for public opinion. The inevitable and incontestable result has been the development and adaptation of the doctrine of privilege.† `â€Å"A public official must NOT be too thin-skinned with reference to comment upon his official acts.† Scope of the Freedom of Expression Article III, Section 4 of the Phil. Constitution says: â€Å"No law shall be passed abridging the freedom speech, of expression, or the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances.† Article III, Section 18(1) of the Phil. Constitution says: â€Å"No person shall be detained solely by reason of his political beliefs and aspirations.† Question: But how can we determine the scope of this expression? According to Justice Isagani Cruz, an authority in Constitutional law, the ideas that may be expressed under this freedom are NOT confined only to those that are sympathetic or acceptable to the majority. To be really meaningful, it should permit the articulation of even the unorthodox view, though it be unfriendly to or mocked by others, or â€Å"induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger.† Justice Holmes said that this right exists NOT so much for the thought that AGREES with us as for the thought that we detest. From this comes the famous statement from Voltaire: Voltaire â€Å"I may NOT agree with what you say, but I will defend to the dead your right to say it†. Freedom from prior restraint or censorship Prior means official governmental restrictions on the press or other forms of expression in advance of actual publication or dissemination. Freedom from subsequent punishment The freedom from prior restraint would set at naught if the citizen would hesitate to speak for fear of vengeance that he might suffer against the officials he criticized. Limitations on the Guarantee Case: Tulfo wrote an article in his column in PDI ‘On Target’ on October 13, 1989, stating that the Supreme Court rendered an idiotic decision in legalizing checkpoints, and again on October 16, 1989, where he called the SC stupid and â€Å"sangkatutak na mga bobo justices of the Philippine Supreme Court†. There are 2 kinds of publications which can be punished for contempt: 1.Those whose object is to affect the decision in a pending case 2.Whose object is to bring courts to discredit Standards for allowable subsequent punishment TEST CRITERION 1.Dangerous Tendency Test There should be a RATIONAL CONNECTION between the speech and the evil apprehend 2.Clear and Present Danger Test There should be a clear and present danger that the words when used under such circumstances are of such a nature as to create a CLEAR AND PRESENT DANGER that they will bring about the substantive evils that the State has a right to prevent 3.Balancing of Interest Test The courts should BALANCE the PUBLIC INTEREST served by legislation on one hand and the FREEDOM OF SPEECH (or any other constitutional right) on the other. The courts will then decide where the greater weight should be placed LIBEL A legal term for something written which is harmful to a persons reputation. – is a defamation committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibition, cinematographic exhibition, or any similar means. Libel is punished by our Revised Penal Code which states: Art. 353. Definition of Libel. – A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead. Art. 354. Requirement for Publicity. – Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases: 1.A private communication made by any person to another in the performance of any legal, moral or social duty; and 2.A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or any of statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions Art. 355. Libel means by writings or similar means. – A libel committed by means of writing, printing, lithography, engraving, radio, phonography, painting, theatrical exhibitions, cinematographic exhibition, or any similar means, shall be punished by prison correctional in its minimum and medium periods or a fine ranging from 200 to 6,000, or both, in addition to the civil action which may be brought by the offended party. DefamationElements of Defamation For a person to be convicted of defamation, the following elements should be present. 1. There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance. 2. The imputation must be made publicly. 3. It must be malicious. 4. The imputation must be directed at a natural or juridical person, or one who is dead. 5. The imputation must tend to cause the dishonor, discredit, or contempt of the person defamed. Absolute Privileged Communication To illustrate, let us recall the privileged speech delivered by Sen. Revilla in the Senate last 2009, in that instance, he called Dr. Hayden Kho â€Å"Maniac†. Buwang itong doctor na ito. Baliw, Mr. President,† he further said. Qualified or Conditionally Privileged Communications Under this privilege, the freedom of the liability for an otherwise defamatory utterance is conditioned on the absence of express malice or malice in fact. Thus, in re:Tulfo (supra), notwithstanding the freedom of the press guarantee of the Constitution, the respondent was severely censured because there is malice brought about by a disrespectful language. A good example which will illustrate the absence of malice in rendering fair and true report is the case of GMA Network vs Bustos (G.R. No. 146848 October 17,2006). Interpreting The Libelous Statement The alleged libelous article must be construed as a whole (Jimenez vs. Reyes, 27 Phil.52) The Meaning given by the writer nor by the offended person is Immaterial. If the libelous statement shall be interpreted by the writer, then the writer can easily escapes by giving an interpretation to the effect that malice is not present. On the other hand. If the offender person is the one who will interpret the libelous article, he can easily imputes malice against the writer to hold him liable. Meaning of Publication Publications does not mean that the defamatory statement should be published in the newspaper of general circulation, televised in national television, neither by refereed ISI Journal, etc. There is publication when the communication of the defamatory matter is made to some third person or persons( People vs Atencio, Dec 14,1954) Thus, If Juan sent a letter to Pedro which reads: â€Å"Pablo is a thief†, this is sufficient publication. ‘ Identification of the Party is Required in the 4thElement A blind item writer cannot be guilty of libel , as long as the person defamed cannot be identified. Thus, if the blind item states: â€Å"The wife of the pound for pound king†¦Ã¢â‚¬  Although the name is not expressly mentioned, the person can be easily identified, so the writer may be liable. General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, Exception: Except in the following cases: {This is the exemption to the general rule; here malice is NOT presumed} A Private communication made by any person to another in the performance of any legal, moral, or social duty; and A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions. Going back to our previous example, if Juan sent a letter to Pedro which reads: â€Å"Pablo is a Thief† , it is presumed that that there is MALICE on the part of Juan. It means that the law presumes that Juan is prompted by personal ill-will in making the communication to Pedro. Now, suppose Pablo really is a thief, will the law still presumed malice on the part of Juan? Yes, unless Juan has good intention and justifiable motive in making communication. Thus, If Pedro is looking for a cashier in his department store Juan will be justified in making the communication so that Pedro won’t hire Pablo who applied for the cashier position. The same holds true if the message was sent through an e-mail and/or text messages. Relevance of Knowing the Presumption of Law If the case falls under the general rule, that is, malice is presumed, it is the writer or the accused who has the burden of proof. Hence, the complainant will NOT be obliged to prove that there is a malice on the part of the accused. The accused will have to produce evidence that his claim against the complainant is true. Do not be confused, the accused is the writer that is why he is being accused of libel because he is the one who wrote the libellous statement. The complainant is the offended party, that is, the person defamed that is why he is the one complaining. If the case falls under the exemption, it is the complainant who has the burden of proof like in the case of GMA Network vs Bustos, wherein Bustos, the complainant failed to prove that there is bad faith or malice on the part of GMA in showing the alleged malicious report. Libel in the Internet After reading the necessary materials pertaining to an individual’s right to freedom of expression and the libel law, we are now ready to study its application using the internet as its medium. Let us start our study with the following scenario. Libel in the internet or e-libel is within the Scope  of Libel Defined in the Revised Penal code The case of Bonifacio vs Jimenez (supra), unfortunately, was misinterpreted by some because they cite this case to support their opinion that e-libel is beyond the ambit of libel provided by the Revised Penal Code. According to them since the SC had dismissed the case, it is already settled that e-libel cannot be punished in our jurisdiction. I beg to disagree. If you will read the full text of the case of bonifacio vs Jimenez, it is very clear that Jimenez did not win the case because of the wrong choice of option. If Jimenez simply alleged in the information that they are (or at least one of the offended parties) presently residing in the City of Makati at the time of the commission of the offense, that is enough to vest jurisdiction to the RTC-Makati and enable the letter to hear and decide the case on the merits. The case was dismissed because RTC-Makati failed to acquire jurisdiction of the case NOT because there is no e-libel in our country. Another argument is that, â€Å"at the time the revised penal code was enacted, there is no internet yet, hence, the legislature could NOT have intended to include internet as a medium. To address this argument let us reproduce the pertinent provision of the libel law regard to this, thus: Art.335.Libel means by writings or similar means. *A libel committed by means of writing, printing, lithography, engraving, radio, phonagraphy, painting, theatrical exhibit, cinematographic exhibition, or any similar means (big emphasis supplied).

Working for a Large Company

The number of people in the US who are quitting their corporate jobs to start their own businesses is growing. One recent best-selling book entitled Fire your Boss! seems to reflect the growing discontent with company life. Why are so many people going into their own businesses? One of the most frustrating things about corporate life is the bureaucracy. This is the administrative system of paperwork and red tape that keeps track of everything in the corporation.Any decision must be agreed upon by many people in different departments and levels of the company. This can be very frustrating for individual employees who want to have control over their own work. They can become exasperated when their good ideas get tied up for months in the bureaucratic machinery. Employees often long the freedom of being their own boss. Another depressing aspect of working for a corporation is the lack of job security.Contrary to business owners, employees in a large company can be fired at any time, for almost no reason. If there is a downturn in the economy, layoffs are likely to come. Even if a worker has done his best to serve the corporations, he could find himself fired without warning or explanation. When a person works for himself, however, he cannot be fired. The traditionally attractive fringe benefits of a corporate position have been decreasing in recent years as well.There was a time when landing a job at a top corporation meant the employee was assured of a good retirement. More and more these days, however, pension benefits are being cut to lower payroll costs. Workers are being forced to worry more about their own retirement plans. In the same vein, health care is another benefit that has started to evaporate. Health insurance premiums are rising, while covered medical conditions are shrinking. This means employees are paying more out-of-pocket expenses than before and getting less care in return.