Petitioner-judge Contends That The Office Of The Ombudsman Has No Jurisdiction To Initiate An Investigation Into The Alleged

JUDGE ANA MARIA I. DOLALAS, EVELYN K. OBIDO AND WILBERTO B. CARRIEDO, petitioners, vs. THE HONORABLE OFFICE OF THE OMBUDSMAN-MINDANAO and BENJAMIN VILLARANTE, JR., respondents. Petitioners, Judge Ana Maria I. Dolalas, Evelyn K. Obido and Wilberto B. Carriedo – Presiding Judge, Clerk of Court and Clerk II, respectively of the Municipal Circuit Trial Court of Kabasalan, Zamboanga del Sur, were charged “administratively” by private respondent Benjamin Villarante, Jr. for “miscarriage of justice, dishonesty, gross neglect of duty, unnecessary delay in the administration of justice and for failure to prosecute Criminal Case No. 5881 for an unreasonable length of time” before public respondent Office of the Ombudsman-Mindanao. Petitioner was basically being charged with “undue delay in the disposition of the said criminal case” filed before petitioner’s court. The issue posed, therefore, in this petition is whether or not the Office of the Ombudsman may take cognizance of the complaint against petitioner for purposes of investigation and possible prosecution in accordance with its mandate under Section 13 (1) and (2) of Article XI of the 1987 Constitution[1] for alleged violation of the Anti-Graft and Corrupt Practices Act.[2] Petitioner-judge contends that the Office of the Ombudsman has no jurisdiction to initiate an investigation into the alleged “undue delay in the disposition of the case” as said charge relates to a judge’s performance of her official duties over which the Supreme Court has administrative control and supervision, as mandated under Section 6, Rule VIII of the 1987 Constitution.[3] Public respondent Ombudsman-Mindanao, however, contends that referral to the Supreme Court is not essential in this case as what will be investigated is not whether there was undue delay in the disposition of a simple criminal case for five years, which it admits is administrative in nature. It added that what is sought to be determined…

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Pairwise Alignment- Homology, Similarity, Identity

©Aayudh Das PAIRWISE ALIGNMENT- Homology, Similarity, Identity Two sequences are homologous if they share a common evolutionary ancestry. E.g. Human myoglobin and beta globin two proteins are distant but significantly related. Proteins that are homologous may be orthologous or paralogous. Orthologs are homologous sequences in different species that arose from a common ancestral gene during speciation having similar biological functions; in this example, human and rat myoglobins both transport oxygen in muscle cells. Paralogs are homologous sequences that arose by a mechanism such as gene duplication. For example, human alpha-1 globin is paralogous to alpha-2 globin; indeed, these two proteins share 100% amino acid identity. We can assess the relatedness of any two proteins by performing a pairwise alignment. One practical way to do this is through the NCBI pairwise BLAST tool. Another aspect of this pairwise alignment is that some of the aligned residues may be similar but not identical because they share similar biochemical properties. These are conservative substitutions. Amino acids with similar properties include the basic amino acids (K, R, H), acidic amino acids (D, E), hydroxylated amino acids (S, T), and hydrophobic amino acids (W, F, Y, L, I, V,M, A). The percent similarity of two protein sequences is the sum of both identical and similar matches. The purpose of a pairwise alignment is to assess the degree of similarity and the possibility of homology between two molecules. Pairwise alignment is useful as a way to identify mutations that have occurred during evolution and have caused divergence of the sequences of the two proteins we are studying. The most common mutations are substitutions, insertions, and deletions. Insertions or deletions (even those just one character long) are referred to as gaps in the alignment. Scoring matrix Margaret Dayhoff (1978) provided a model which gives the basis of…

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On The Date Of The Hearing, The Parties Were Required To Submit Their Memoranda Within Three Days

EN BANC [G.R. No. 163256.  November 10, 2004] CICERON P. ALTAREJOS, petitioner, vs. COMMISSION ON ELECTIONS, JOSE ALMIÑE and VERNON VERSOZA, respondents. D E C I S I O N AZCUNA, J.: This is a petition for certiorari, with prayer for the issuance of a temporary restraining order and/or a writ of prohibitory and mandatory injunction, to set aside the Resolution promulgated by the Commission on Elections (COMELEC), First Division, on March 22, 2004 disqualifying petitioner Ciceron P. Altarejos from running as mayor of San Jacinto, Masbate, and another resolution of the COMELEC en banc promulgated on May 7, 2004 denying petitioner’s motion for reconsideration. The factual antecedents are as follows: Petitioner Altarejos was a candidate for mayor in the Municipality of San Jacinto, Masbate in the May 10, 2004 national and local elections. On January 15, 2004, private respondents Jose Almiñe  Altiche and Vernon Versoza, registered voters of San Jacinto, Masbate, filed with the COMELEC, a petition to disqualify and to deny due course or  cancel  the certificate of candidacy of  petitioner on the ground that he is not a Filipino citizen and that he made a false representation  in  his  certificate of candidacy that “[he] was not a permanent resident of or immigrant to a foreign country.” Private respondents alleged that based on a letter[1] from the Bureau of Immigration dated June 25, 2001, petitioner was a holder of a permanent U.S. resident visa, an Alien Certificate of Registration No. E139507 issued on November 3, 1997, and an Immigration Certificate of Residence No. 320846 issued on November 3, 1997 by the Bureau of Immigration.[2] On January 26, 2004, petitioner filed an Answer[3] stating, among others, that he did not commit false representation in his application for candidacy as mayor because as early as December 17, 1997, he was already issued a Certificate of Repatriation by the…

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Monthly Law Digest

Monthly Law Digest 1994 M L D 656 {Karachi} Before G.H. Malik, J ISLAMUDDIN TAIMURI—Plaintiff Versus ESMAIL MUHAMMAD BAHI—Defendant Suit No.62 of 1986, heard on 21st October, 1992. Civil Procedure Code (V of 1908)— —O .XXXVII, Rr.1 & 2—Jurisdiction—Suit was based on negotiable instrument, amount of which was admittedly within pecuniary jurisdiction of High court when suit was filed—Suit was maintainable in circumstances. {p. 658} A (b) Civil Procedure Code (V of 1908) — —O.I, R.1, O .XXXVII, Rr .1 & 2—Suit was filed on basis of negotiable instrument (cheque) and not on original consideration—Persons who were not associated with in question could be not joined as party to suit. [p.658] B (c) Contract Act (IX OF 1872)… —-Ss.15 & 16—Qanun-e-Shahadat (10 of 1984), Art.133—Suit on negotiable instrument (cheque)—Defendant setting up pleas of coercion and undue influence by authorities while putting his signature on the cheque in question—Defendant’s such version having not been challenged in cross-examination his plea of coercion and undue influence in signing cheque in question was established on record.—[p.660] C (d) Contract Act (IX of 1872)— —S.25—Civil Procedure Code (V of 1908), 0.XXXVII, Rr.1 & 2—Suit was based on cheque–Consideration—Proof— failed to prove any consideration against which defendant had issued cheque in question—Defendant’s assertion that said cheque had been issued by coercion and undue influence exerted by authorities on behalf of plaintiff, remained uncontroverted due to lack of cross-examination on that point —Cheque in question, was thus, without consideration [p.661] D Plaintiff and his counsel (absent). Ghulam Muhammad Ebrahim for Defendant. (G,H.Malik, J) Judgment The plaintiff has filed this suit, under Order 37, Rules 1 and 2, C.P.C for recovery of Rs.1,50.000. The case of plaintiff, as set out in the plaint, is that the defendant obtained a plot of land on Rashid minhas road, Karachi, from…

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Methane Gas Hydrate Drilling Technology

Methane Gas Hydrate Drilling Technology Vaisakh S Unni* (male) Rajiv Gandhi Institute of Petroleum Technology Rae Bareli(U.P) E-mail: sunni.vaisakh@gmail.com Abstract: The share of Natural Gas in global energy consumption has grown steadily and will continue to rise for the years to come. Forecasted supply of compromised natural gas is in the year 2050 to be 115-120 x 10 9 toe or 13.4-14% and 228 x 209 toe of remaining ultimate reserves or 12% of the total. Catapulting demand and few discoveries is forcing world to exploit unconventional sources of energy. Methane hydrates represent a potentially enormous supply of natural gas, assuming the technology can be developed for commercial gas production from this reservoir type. These exist naturally as frozen crystalline lattice consisting of molecules of water that have formed an open, cage-like lattice that encloses molecules of methane. However, little has been written about technologies that exist and that appear to have unique potential to enable the safe and effective drilling and production of commercial quantities. In addition to hydrates being only quasi-stable, the crystalline structure packs methane so efficiently, depending upon the purity of the hydrate, it can contain between 70 and 164 times the volume of free gas at standard temperature and pressure vs. the volume of the hydrate prior to dissociation. Because hydrates will dissociate or release free gas upon a decrease of pressure, increase of temperature, or combinations thereof, premature dissociation around the wellbore and within. This paper does a review on occurrence and magnitude of methane Gas hydrates. This paper discusses drilling related challenges for exploitation of gas hydrates and proposes Managed Pressure Drilling (MPD) technology using formate based drilling fluids for gas hydrate drilling. Nature of Gas Hydrates Gas hydrates are naturally-occurring crystalline inclusion compounds. They comprise compressed molecules of gas (usually methane) that…

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