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Short Story Analysis Essay Example PDF

Sample details Pages: 4 Words: 1343 Downloads: 5 Date added: 2017/09/11 Category Literature Essay Type Analytical essay Level High school Did you like this example? Analysis of the â€Å"Bartleby the Scrivener† by Herman Melville Introduction Bartleby, the Scrivener is a short story by Herman Melville, an American writer. In this narrative, the narrator who is a successful lawyer talks about a new employee in his firm, Bartleby, who has an impeccable character. Bartely is hired as a new scrivener to help in his small law office. The character of Bartleby is depicted as a quiet, and anti-social despite his initial efficiency in work matters. In his first moments at the narrator’s firm, Bartely works quite well as a copyist, but   as   time   goes, he refuses   to help out with any of the other office tasks,   and states   more openly that, he prefers not to do so. This response subsequently shocks the lawyer and other employees, but Bartleby will not just do whatever asked of him. There are   also two more characters,   Nippers   and   Turkey who are also   scriveners in the same office   with   beh aviors   that parallel to each other. The aim of this papers it to evaluate the setting and characters and relate to the central idea (Nelson and Clara). Theme In this story, the author has brought the themes and his main concept in a unique way. The major theme contained in the Bartleby the Screenver is corporate discontent that is so prevalent in many of today’s businesses. In fact, the narrator is focused at disclosing   the emptiness of today’s   business life. Though the work environment is depicted as cheerless and sterile,   there are those who are able to adapt to it with different level of success. Another notable theme in this story is doubling which is depicted by the different behaviors of the characters. This paper will therefore analyze this story using two significant themes, the theme of doubling and corporate discontent. The theme of Doubling Despite the narrator having been depicted as a successful person, he is nonetheless a victim of progres s. This is because despite being the one who hired Bartley, he is subdued by his antics and forced to move to a new office. Through the doubling theme, the author suggests the connection, which individuals have with others. Turkey and Nippers may be compared to two faces of the same coin just like Bartebly. Further, the sense of responsibility and compassion are brought out in the relationship between Bartebly and the narrator. Despite the narrator going to greater lengths in his efforts to assist, Bartebly, he nonetheless fails in this endeavor. In light of this, we may be compelled to ask ourselves if there are limits for helping a person, especially if their life is at stake. Another question that may come to mind is whether an individual’s sufferings may be fuelled by our lack of compassion. How the Characters Have brought out the theme of Doubling The narrator has depicted Turkey and Nippers, the two scriveners as being opposite of each other. While Nippers is not produc tive and unable to work in morning hours at the narrators organization, Turkeys has similar characteristics, but in the afternoon hours whereby; for many days, he is seen drunk while in the office. Further, the ambition of Nipper reflect Turkey’s resignation to his position, as well as the eventfulness of his job. This difference in job ambitions is probably derived from their age differences. Nipper who is relatively younger than Turkey has ambitions of advancing his career into something more than a scrivener. On the other hand, Turkey laments to the narrator that he should consider his age while evaluating the issue of productivity. In addition, the vices of these men are also parallel to one another and they are appropriate according to their age. Alcoholism as a vice develops with time. On the other hand, ambition is a feature that is most volatile among the youth who are interested in developing themselves, their careers and in changing their lives. Corporate Discontent Bartebly’s repeated statement of â€Å"I prefer not to† has been considered as a critique of the rising materialism that was prevalent among the culture of many American organizations at that time. It should be noted that the particular law firm discussed in this story was in Wall Street, a fact pointed out by the story’s subtitle which is the Story of Wall Street†. At   the time when this book was written, Wall Street was a hub of   financial activity in U.S and Melville just like many other authors at this time were sensitive to financial matters, and their management in the American culture (Marx 603). In light of this, Bartleby’s stubbornness in refusing to do what he is being asked could be considered as a rebellion to economic control.    Setting The setting of this story is in a law office, with occupants who are depicted as men or rather employees with odd characters, and who are only connected to their work. In most cases, a business -based building gives no room for any personal interaction and neither does Melville’s context (Abrams491). In particular, we could learn nothing from both the narrator and other characters beyond their office life and activities. In light of this, we have to ask ourselves if such a story would be possible if it was in an alternate setting. The crisis of the story is highlighted and its emotional nature brought out by the office and city setting. Furthermore, the city and the office setting in particular shows how lonely workers maybe, the work environment, and the day-to-day activities and conflicts that involve employees. The Main Character Right from the story’s beginning; Barleby has been given a striking description. He can be compared as someone who is already dead. In fact, his description befits that of a ghost or a corpse. In particular, he does not portray any form of human passion or expression, one who is engrossed in his indoor work and somebody who alread y beaten. His popular and consistent articulation in â€Å"I would prefer not to† (Melvine) when he does not want to comply may translate to his exhaustion instead of mere deviance. This is hereby; used by the narrator to showcase how some workers are exploited and reach a point where they can no longer do what is expected of them. Interestingly, Bartleby gets away with his uncooperativeness despite the fact that he a passive character, subsequently casting a spell over the narrator. He   makes it   clear   to the narrator   that his refusal   does not imply that   he is incapable of doing   it not   that he will   not   do it, but he prefers not to do it. The statement that â€Å"I will prefer not† (Melvine) which he repeats frequently is an emphasis that portrays his feelings and emotional response instead of some ethical or philosophical choice. Bartleby gradually begins to be detached from the world in phases when he begins with the statement th at â€Å"I prefer not to†. He continues to reiterate on this statement and renouncing other aspects in the world including the worldly duties. This simply means that though Bartleby was a man who liked his job and that he was industrious, he had come to be discontented with the organization and how it was being run. The behavior was therefore, a form of rebellion to the boss, who is the narrator. Conclusion In this story, the narrator has presented characters as different personalities to depict the individual differences among employees in the business world. Further, the setting has also been used in illustrating the environment in a work setting. However, the author has exaggerated the silliness of the two characters beyond what can be believed in reality. However, this has offered a valuable comic relief in a tale that can be described as both upsetting and somber. References Abrams, Roberts, â€Å"Bartleby and the Fragile Pageantry of the Ego, ELH, vol. 45, no. 3 , pp. 488–500 Herman Melville, â€Å"Bartleby the Scrivener† 1853   in   Nelson Steven   and Clara   Nelson, â€Å"Bartleby the Scrivener† 2005. Available   om https://www.gutenberg.org/cache/epub/11231/pg11231.html Leo Marx, Melvilles Parable of the Walls Sewanee Review 61 (1953): 602–627 Don’t waste time! Our writers will create an original "Literary Analysis Essay Example PDF" essay for you Create order

Losing Weight Takes Exercise and Diet Essay - 596 Words

In addition to a sensible diet, exercise contributes to weight loss. The American Heart Association recommends doing 30 to 60 minutes of moderate cardio on most days of the week, and strength training on two days to reduce your weight. (See References 1) To lose 1 pound of fat, a daily deficit of 500 calories is needed. This might sound like a lot, but by adjusting your cardio and strength-training workouts, and engaging as many muscles as possible, you can maximize your caloric burn without living in the gym. Boost Your Cardio Intensity High-intensity interval training, or HIIT, can make you burn more calories during and after your workout, because it forces your body to work harder. During HIIT, you go back and forth between short†¦show more content†¦For instance, jump rope or do jumping jacks between the exercises. The ACE recommends doing circuit training at least twice a week. (See References 5) Include Combination and Compound Exercises Combination and compound exercise can optimize your strength training routine. Although you might not burn a lot of calories during the exercises, you stimulate more muscle tissue by working multiple muscles at the same time. (See References 6) Muscle tissue burns more calories than fat and boosts your resting metabolism. (See References 7) Combination exercise can include lunges with biceps curls, or lateral or front raises, squats with shoulder presses, and pushups with dumbbell rows. Compound exercises can include dead lifts, lunges, squats, bench presses, lat pull-downs, pull-ups, and bent-over rows. Key Concepts maximize caloric burn burning many calories exercise caloric burn References American Heart Association: Losing Weight [http://www.heart.org/HEARTORG/GettingHealthy/WeightManagement/LosingWeight/Losing-Weight_UCM_307904_Article.jsp] Shape.com: 5 Ways to Burn 500 Calories in 30 Minutes [http://www.shape.com/fitness/cardio/5-ways-burn-500-calories-30-minutes] American Council on Exercise: High-Intensity Interval Training [http://www.acefitness.org/fitness-fact-article/3317/high-intensity-interval-training/] American Council on Exercise: What is cross trainingShow MoreRelatedQuick Weight Loss Diet Plan Essay1583 Words   |  7 Pages Lose 5 Pounds in 5 Days Fast Quick Weight Loss Diet Plans Intro Why Some People Fail to Lose Weight FAQ s How Much Will You Lose Conscious Eating Leads to Weight Loss Success The Basic Diet Plan Alternative Plan One Alternative Plan Two Alternative Plan Three Alternative Plan Four Alternative Plan Five Intro We live in a land of too much food. 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A Short Note On International Business Research Project Essay

IBS 101 – Introduction to International Business Research Project Part A: Research Country – Company – Product – 50 points (1400-1800 words) ONLY WORD DOCUMENTS are accepted for this project as TURNITIN cannot evaluate other file formats. (Your score cannot exceed 23% on the originality check, if it does, it will not be graded) MLA Essay format, include all bibliography and references. Include this sheet as cover sheet. Use Calibri Font 11. http://owl.english.purdue.edu/owl/resource/747/01/ Grammar and spelling are part of the grade. Please, use the Writing Center if needed. Title: Please, include the name of your country, name of the company and the product you have selected as the title Data Resources: Use only resources that have been validated either by the government, a legitimate industry journal, erudite author, or an educational institution. See Legitimate Resources Guidelines. DO NOT USE THE TEXTBOOK as a reference for this assignment. 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Analysis Of Htc s Advertisement For The Vive - 1334 Words

As an adult, the burdens of school, work, and other responsibilities can become overwhelming. When this happens, people often look for outlets and other methods of escape. These methods can include, taking a brief break, temporarily moving on to another task, or even starting up hobbies that the person may find to be therapeutic. But the company HTC is offering an entirely new way to escape through a virtual reality system that they call â€Å"VIVE.† In HTC’s advertisement for the VIVE, a series of panning shots show men and women of varying races participating in events that the word â€Å"unreal† cannot even begin to describe accurately. Then after each of these shots, the scene fades to black, symbolizing a separation seen between the virtual worlds. By means of cinematic special effects and color temperature, these shots effectively prove how HTC’s product will administer consumers with the efficient means of escape they are searching for. When constructing this commercial, HTC appears to be intentionally only picturing a single talent in each of their shots. The reason behind this is that in â€Å"Advertising s Fifteen Basic Appeals,† an article written by Jib Fowles, Fowles writes that â€Å"†¦the desire to duck out of our social obligations, to seek rest or adventure, frequently takes the form of one-person flight.† Here, a common form in which advertisers depict the need for escape–whether that be through non-electronic writing or digital media representation–is being described. Now,

Big Data Analytics and How it Influences Marketing Strategy - Samples

Question: Discuss about the Big Data Analytics and How it Influences Marketing Strategy and Decision-making about Strategy. Answer: Problem Statement Marketing strategy is the most important strategy for any particular business. It is responsible for all types of long-term survival of all organizations. Moreover, the decisions about these strategies often turn out to be problematic in nature. For achieving this, a specific process could be utilized. Big data analytics is one of the most important processes to uncover any type of hidden information by simply testing big data. This literature would be identifying the problems of the marketing strategies and decision-making about those strategies with the help of big data analytics. This literature would also provide relevant solutions to those problems and the implications. Future works would also be mentioned here. Approach Method for finding, analysing and comparing literature The method utilized for searching for literature was: i) Identification of proper key words that are solely related to the problem ii) Using Google Scholar for searching all the key words and find out Journal Articles. Several peer articles, journal articles and conference papers were searched and around twenty eight papers were eventually shortlisted. After evaluating each of these papers, twelve journal articles were selected. These papers completely define and help the literature analysis to be successful. Organizing the Literature analysis This literature analysis is organized with the following areas: i) Influence of big data analytics in marketing strategy. ii) Influence in decision-making about strategies. Scope of Literature Analysis This particular literature analysis is strictly restricted to peer reviewed journal articles. The specific research problem could be approached from several perspectives. This literature analysis mainly aims at the solutions for making marketing strategy and decision-making strategy easier and simpler for any organization. The scopes of the literature review are given below: i) Small and medium sized enterprises with mitigating marketing risks. ii) Decision making about the strategies becoming easier. Literature Analysis Problems in Marketing Strategy Marketing strategies are the significant strategies in an organization. A company for gaining their competitive advantages and maximum profit utilizes those (Pappas, 2016). However, often few problems are observed within this strategy. These problems become an important barrier in the way to the success of that organization. The major problems are as follows: i) Targeting High Value Sources of Growth: This is the first and the foremost problem in marketing strategy. High value sources of growth should be effectively targeted for any successful business (Hallbck Gabrielsson, 2013). If a company chooses the wrong target or of lesser value target, it eventually lowers the overall growth and potential of return-on-investment. ii) Dealing with Bulk Data: This is the second important problem in marketing strategy. The organizations have to collect bulk amount of data about the market for understanding their position in the market. Any type of wrong data entry can backfire their plan and their strategy would fail. iii) Slower Process of Data Analysis: Pappas, 2016 state that, the third important problem in the marketing strategy is the slower process of data analysis. The world is progressing with excess speed and every organization should know about their strengths and weaknesses with respect to analysis of data. If the process of analyzing data is slower than usual, there is a high chance that the marketing strategy would be a major failure. iv) Utilizing Insight for Shaping Strategies: The data orientation in any particular organization might reach to a high level. However, in comparison to that data, the insight might not reach to its height. New and better customers insights are highly recommendable for any marketing company. v) Decision Making: According to Hallbck Gabrielsson, 2013, this is again one of the most significant factors in the marketing strategies of any particular organization. The company should undertake the perfect decision for their business so that there exists no loophole in the undertaken strategy. Moreover, the company for gaining advantages that are more competitive as well as profit should properly execute this strategy. There are various reasons for problems in decision making in any organization (Pappas, 2016). The most significant reasons for the decision-making problem mainly include impulsiveness, risk avoidance, ignorance, halo effect, one solution threat, no follow-ups, no delegation and many more. Big Data Analytics Big data analytics is the procedure of examination of all types of varied and large sets of data or big data for uncovering any hidden pattern, preferences of customers, unknown correlations and any kind of important information (Kambatla et al., 2014). This type of analytics eventually helps the organizations in taking any type of decision. The entire concept of big data is utilized for capturing data, which are streamed into the businesses. The most significant advantages of this big data analytics is the speed and efficient. It is extremely efficient and could be easily utilized by any organization (Gandomi Haider, 2015). The most important advantages of big data analytics in an organization are as follows: i) Implementation of new Strategies: This is the most important advantage of big data analytics in a business. It helps to implement new strategies by reducing the overall complexities of data analysis. ii) Analyzing Data without Errors: As per Waller Fawcett, 2013, the data could be easily analyzed with the help of big data analytics and this could be done without errors within it. iii) Cost Effective: The third advantage of big data analytics is that it is extremely cost effective (Kwon, Lee Shin, 2014). It does not incur huge cost and could be easily afforded by all organizations irrespective of its size. iv) Better Sales Insights: Big data analytics is also responsible for bringing better sales insights within the organization. v) Easy Fraud Detection: Frauds could be easily detected and prevented with the help of big data analytics (Loebbecke Picot, 2015). These advantages has made big data analytics extremely popular and acceptable by all. Solutions to the Problems of Marketing Strategy Big data analytics can be easily termed as the significant game changer for the marketers. In todays world, the entire marketing industry is solely driven by data. Any type of erroneous or wrong data could lead a company to major losses (Moniruzzaman Hossain, 2013). The problems with the marketing strategy and the decision making about those strategies could be easily and efficiently resolved by big data analytics. According to Demirkan Delen, 2013, the probable solutions to any type of problems in marketing strategies and decision making about those strategies by big data analytics are given below: i) Conversion Optimization: This is one of the significant ways to solve the problem of marketing strategy in an organization (George, Haas Pentland, 2014). Big data analytics help the marketers to draw the statistics of their business. According to the big data analytics, 48% of the total data belongs to customer analytics, 21% to the operational analytics, 12% to fraud and compliance, 10% to new product and service innovation and the final 10% to the enterprise data warehouse optimization (Gandomi Haider, 2015). ii) Collection of Data: The big data analytics allows the organizations to collect, as much data is possible for their business (Power, 2014). There is no such restriction regarding the amount of data. The organization can collect huge amount of data and big data analytics could easily examine and analyze them. iii) Properly Timed Content: The third important solution to the problem of marketing strategy is the properly timed content (Duan Xiong, 2015). The timing and content are evenly distributed by big data analytics. For example, the email marketing platform of an organization eventually optimizes and sends time based peak activities. This is completely based on big data (Moniruzzaman Hossain, 2013). Due to even distribution of time and content, decisions could be easily taken by the organization. iv) Follows structured Analysis: There are few distinct steps in big data analytics and by following these steps, the marketers could take their decision easily (Kwon, Lee Shin, 2014). The steps in big data analytics include: a) Defining of the Problem b) Researching c) Mind mapping and Sketching d) Feedback e) Creating Digital Design f) Feedback g) Finalizing These above mentioned steps would be useful for the marketers to undertake any decision regarding marketing strategies. Implications of the Solutions These above mentioned solutions would definitely reduce the overall complexity of the problems of marketing strategy (George, Haas Pentland, 2014). Moreover, the marketers could easily take the decisions about those strategies. However, often big data analytics could also be a major threat for the organization. The main problem with this analytics is that it deals with huge amount of data and if there is any problem in the data, the entire data set would crash. Future Research Areas As per Waller Fawcett, 2013, this literature analysis suggests various areas of future work. The first significant are would be machine learning. This would be undertaking the entire world of big data analytics. The next important factor would be that the businesses would be buying algorithms, instead of software (Power, 2014). The cost effectiveness might not long last and big data analytics might be costly in future. Conclusion Therefore, from the above discussion it can be concluded that, big data analytics is the method for analyzing big data or large set of sets to help in any type of difficult and information related decision-taking situations. The marketing strategy in any particular business is the long term and forward looking approach to plan all the significant goals and objectives in a business. Often the marketers face problem in deciding the right strategy. Big data analytics plays the most significant role in this type of situation. It helps to reduce the complexity of evaluating the marketing strategies and thus make the organization successful. The above literature analysis as clearly depicted the problem of big data analytics and how this influences the marketing strategy as well as decision-making strategy. The problem statement, approach, and the literature analysis are properly given here. References Demirkan, H., Delen, D. (2013). Leveraging the capabilities of service-oriented decision support systems: Putting analytics and big data in cloud.Decision Support Systems,55(1), 412-421. Duan, L., Xiong, Y. (2015). Big data analytics and business analytics.Journal of Management Analytics,2(1), 1-21. Gandomi, A., Haider, M. (2015). Beyond the hype: Big data concepts, methods, and analytics.International Journal of Information Management,35(2), 137-144. George, G., Haas, M. R., Pentland, A. (2014). Big data and management.Academy of management Journal,57(2), 321-326. Hallbck, J., Gabrielsson, P. (2013). Entrepreneurial marketing strategies during the growth of international new ventures originating in small and open economies.International Business Review,22(6), 1008-1020. Kambatla, K., Kollias, G., Kumar, V., Grama, A. (2014). Trends in big data analytics.Journal of Parallel and Distributed Computing,74(7), 2561-2573. Kwon, O., Lee, N., Shin, B. (2014). Data quality management, data usage experience and acquisition intention of big data analytics.International Journal of Information Management,34(3), 387-394. Loebbecke, C., Picot, A. (2015). Reflections on societal and business model transformation arising from digitization and big data analytics: A research agenda.The Journal of Strategic Information Systems,24(3), 149-157. Moniruzzaman, A. B. M., Hossain, S. A. (2013). Nosql database: New era of databases for big data analytics-classification, characteristics and comparison.arXiv preprint arXiv:1307.0191. Pappas, N. (2016). Marketing strategies, perceived risks, and consumer trust in online buying behaviour.Journal of Retailing and Consumer Services,29, 92-103. Power, D. J. (2014). Using Big Datafor analytics and decision support.Journal of Decision Systems,23(2), 222-228. Waller, M. A., Fawcett, S. E. (2013). Data science, predictive analytics, and big data: a revolution that will transform supply chain design and management.Journal of Business Logistics,34(2), 77-84.

Criminal Cases Digested Essay Example For Students

Criminal Cases Digested Essay Case: Francisco vs. People Facts: Macario Linghon without knowledge went and sold to the shop of the petitioner Ernesto â€Å"Erning† Francisco the jewelries which was stolen by his sister Pacita Linghon to a certain Jovita Rodriguez. Sometime after the jewelries have been stolen, Jovita just discovered that the jewelries have been missing. She filed a complaint for theft against Pacita in the Counter Intelligence Group of the Philippine National Police in Camp Crame. Pacita was then invited for questioning and she then gave a sworn statement pointing to the petitioner as the person to whom she sold the stolen jewelries. Pacita was then charged with qualified theft in the Regional Trial Court and was then convicted guilty. With the joint affidavit of investigation by the police, a sworn statement executed by Jovita charging the petitioner of buying stolen jewelry and Macario, prosecution witness; testifying against the petitioner, the court found a probable cause and issued a warrant of arrest for the petitioner. Information was then filed by the Provincial Prosecutor with the RTC charging petitioner with violating against P. D. No. 1612 or the Anti-Fencing Law. The court held the petitioner guilty beyond reasonable doubt of violating P. D. No. 1612. Petitioner then appealed to the Court of Appeals, where the CA affirmed the RTC’s judgment. Petitioner then brought the case for appeal to the Supreme Court, contending that: 1. The Court of Appeals erred in sustaining the trial court’s decision. 2. The Court of Appeals erred in relying on the conflicting testimonies of prosecution witnesses, all of which consisted of hearsay evidence. Issue: Whether or not the petitioner is guilty beyond reasonable doubt of violating P. D No. 1612 or the Anti-Fencing Law? Held: The petition is granted. The decision of the Court of Appeals affirming the decision of the Regional Trial Court of Malolos, Bulacan is REVERSED and SET ASIDE. The petitioner is ACQUITTED of the crime of violating P. D. No. 1612 for the prosecution’s failure to prove his guilt beyond reasonable doubt. The stolen property subject of the charge is not indispensible to prove fencing. It is merely corroborative of the testimonies and other evidence adduced by the prosecution to prove the crime of fencing and the testimony of a single witness must be credible and reliable. In this case, we find the testimony of Macario Linghon to be dubious; hence, barren of probative weight. Case: Recebido vs. People Facts: Caridad Dolor mortgaged a certain property to her cousin, Aniceto Recibido, but did not execute a document on the mortgage but instead gave petitioner a copy of the Deed of Sale of the said property. Caridad Dolor went to redeem the said property but the petitioner refused to allow her to redeem her property and claim that she had sold it to him the said property. Caridad Dolor verified from the Office of the Assessor in Sorsogon that there exists on its file a Deed of Sale which was allegedly executed by her and that the property was registered in the petitioner’s name. A comparison of the signature of Dolor’s was made in other documents with that of in the said Deed of Sale and found that the signature was falsified. Dolor filed a complaint against the petitioner Anecito Recebido with the National Bureau of Investigation. Then, the Office of the Provincial Prosecutor of Sorsogon filed the information indicting petitioner for Falsification of Public Document with the Trial Court. The trial court convicted the petitioner of the crime charged and sentenced him to an intermediate penalty and to pay a fine of Three Thousand Pesos, with subsidiary imprisonment. And to pay P5,000. 00 for damages and to vacate the land in question. On appeal, the Court of Appeals affirmed the decision of the trial court with the modification that the award for damages is deleted. The petitioner then raised his case before the Supreme Court. Issue: Whether or not the petitioner is guilty for the falsification of a public document. Held: The Court is unable to discern any grave abuse of discretion on the part of the Court of Appeal when it affirmed the judgment of the trial court and that the trial court did not commit any error in ordering the petitioner to vacate the subject property. The instant petition is DENIED for lack of merit. Case: People vs. Sanchez Facts: Vivencio Malabanan, prosecution’s witness, went to the house of Mayor Antonio Sanchez. Ding Peradillas also arrived and then informed Sanchez of a birthday party that will take place near the residence of Peradilla’s where Nelson Penalosa will be attending. Mayor Sanchez then replied, â€Å"Bahala na kayo mga anak. Ayusin lang ninyo and trabaho† and left. Peradillas then immediately informed Luis Corcolon and Artemio Averion and relayed the message â€Å"Ayos na ang pag-uusap at humanap na lang ng sasakyan. † They then understood it as an order to kill Nelson Penalosa. Afterwards, Corcolon, Averion, and Peradillas made the arrangements and acquired two-way radios and a vehicle for the operation. After verifying that Nelson Penalosa was at the party, the three accused including Malabanan hopped into the car and pursued Penalosa’s jeep firing at it using M-16 and Baby Armalite Rifles, executed in automatic firing mode. As a result of the attack, Nelson Penalosa died alond side with his son, Rickson Penalosa. The accused interposed the defense of alibi and denial. The trial court ruled that the accused conspired in committing the crime. Treachery was present, thereby qualifying the crime to murder. It appreciated the aggravating circumstances of evident premeditation, nighttime and use of motor vehicle. The trial court considered the crime as a complex crime of double murder punishable under Article 48 of the Revised Penal Code and each of the accused was sentence to reclusion perpetua with fine to pay damages. Accused Mayos Antonio Sanchez and Artemio Averion jointly appealed from the decision to the Supreme Court. Issue: Whether or not the act of shooting the victim using armalites in automatic firing mode constitutes a single act and, thus, the felonies resulting therefrom are considered as complex crimes. Held: We ruled in negative and the court MODIFIES the decision of the RTC and finds accused-appellants Antonio Sanchez and Artemio Averion guilty beyond reasonable doubt of two counts of murder, and sentences each of them to suffer two penalties or reclusion perpetua, and each to pay jointly and severally the respective heirs of the victims. Justin Tresize EssayWhen Andrew, hurled a chair towards Niel, which causes him to scamper away. Then shortly after, Fidel saw Niel returning with several companions. Mateo ran and called for help, where he and Luz emerged upon hearing the call of help from Mateo. They both saw Mateo being beaten up by the accused and was stabbed in the back by Lito. Mateo was then rushed to the East Avenue Medical Center where he later died because of the injuries sustained. Dr. Freyra of the Philippine National Polica Crime Laboratory Service conducted the post-mortem examination and testified that the wounds attain by the victim were fatal. Accused-appellant denied the charges against them and gave a differrent version of the incident. The trial courtfinds Niel Piedad and Lito Garcia guilty beyond reasonable doubt of the crime of murder with no modifying circumstances present, and sentenced each to suffer penalty of reclusion perpetua and to pay for damages done to the heirs of the victim. Accused-appellant instantly appealed. Issue: Whether or not treachery is attendant in the crime which will qualify it to murder. Held: The essence of treachery is thus a deliberate and sudden attack, affording the hapless, unarmed and unsuspecting victim no chance to resist or to escape. In this case, Mateo was obviously overpowered and helpless when the accused-appellants’ group ganged and mauled him. Mateo could not have actually anticipated the sudden landing of a large concrete stone on his head. The stone was treacherously struck. The trial court, therefore, did not err in convicting accused-appellants of the crime of murder. The court hereby, AFFIRM the decision of the trial court and sentencing them to suffer the penalty of reclusion perpetua with the MODIFICATION that accussed-appellants are solidarily to pay the heirs of Mateo Lactawan. Case: Quinto vs. Andres Facts: Edison Garcia and Wilson Quinto saw Dante Andres and Randyver Pacheco by the mouth of the drainage culvert. Andres and Randyver invited to go fishing inside the drainage. Edison opted to stay outside and decided to wait for his friend Wilson. The three then entered to the drainage system. After a while, Pacheco emerged from the drainage and left. Andres also came out but went back inside, coming out now carrying the lifeless body of Wilson and laid it down in the grassy area. Garcia ran away with the shock of events. Andres then inform Wilson’s mother, Melba Quinto, that her son is dead. Wilson was buried without autopsy and no criminal complaint was filed. Two weeks after, the NBI took the sworn statements of Garcia, Pacheco, and Meba Quinto’s statement and the cadaver of Wilson was exhumed. Upon the autopsy, Dr. Aguda of the NBI found that the cause of death is Asphyxia by drowning; traumatic head injury. The NBI then filed a criminal complaint for homicide against Andres and Pacheco in the Office of the Provincial Prosecutor, which found probable cause for homicide by dolo against the two. Information was filed with the Regional Trial Court, it dismissed the ase and held that it could not hold the respondents liable for damages because of the absence of preponderant evidence for the death of Wilson Quinto. The petitioner appealed to the Court of Appeals which affirmed the rendered judgment by the trial court. The petitioner filed the instant petition for review. Issue: Whether or not the extinction of criminal liability, likewise, extinct the civil liabilit y. Or whether or not there is a prejudicial question in this case. Held: In sum, the petitioner failed to adduce preponderance of evidence to prove a cause of action for damages based on the deliberate acts alleged in the Information. The petition is DENIED for lack of merit. Case: People vs. Bayotas Facts: Rogelio Bayotas was charged with Rape and eventually convicted thereof in a decision by Judge Autajay. Pending appeal on his conviction, Bayotas died at the National Bilibid Prison. Consequently, the Supreme Court in its resolution dismissed the criminal aspect of the appeal. However, it required the Solicitor General to file its comment with regard to Bayotas’ civil liability arising from his commission of the offense charged. In his comment, the Solicitor General expressed his view that the death of Bayotas did not extinguish his civil liability as a result of his commission of the offense charged. The Solicitor General insists that the appeal should still be resolved for the purpose of reviewing his conviction by the lower court on which the civil liability is based. Counsel of Bayotas, opposed the view of the Solicitor General arguing that the death of the accused while judgment of conviction is pending appeal extinguishes both his criminal and civil penalties. Issue: Whether or not does death of the accused pending appeal of his conviction extinguish his criminal liability. Held: Death of the accused pending appeal on his conviction extinguishes his criminal liability as well as civil loiability base solely thereon. The claim for civil liability survives notwithstanding the death of the accused, if the same may also be predicated on a source of obligation other than delict. When the civil liability survives, an action for recovery therefor may be pursued but only by way of filing a separate civil action and subject to section 1, Rule 111 of the 1985 Rules on Criminal Procedure as amended. Finally, the private offended party need not fear a forfeiture of his right to file this separate civil action by prescription, in cases where during the prosecution of the criminal action and prior to its extinction, the private-offended party instituted together therewith the civil action. Applying this set of rule to the case at bench, we hold that the death of the appellant Bayotas extinguished his criminal liability and the civil liability based solely on the act of complained i. e. rape. Consequently, the appeal is hereby dismissed without qualification. Case: Pangan vs. Gatbalite Facts: