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  This web page contains the full text of Rule 139-B - Rules of Court Disbarment and Discipline of Attorneys


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DISBARMENT & DISCIPLINE OF ATTORNEYS

Rule 139-B

    Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.chanrobles virtua law library

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The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. chanrobles virtua law library

 Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (As amended by Bar Matter No. 1960). 

  A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three(3) investigators to investigate the complaint All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.

An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.

Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.

Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators shall investigate all complaint against members of the Integrated Bar referred to them by the IBP Board of Governors.

Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the complainant(s) in the preparation and filing of his complaint(s). chanrobles virtua law library

Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complainant.

No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.

Sec. 6. Verification and service of answer. - The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.

Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.

Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of its commencement unless extended for good cause by the Board of Governors upon prior application.

Willfull failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court.  The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting forth its findings and recommendations, which `shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.

Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s). chanrobles virtua law library

Within the Philippines, depositions may be taken before  any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.

Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors.

Any suitable members of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.

Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic notes and the transcripts thereof and all the evidence presented during the investigation.  The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.

Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstance may warrant, including invalidation of the entire proceedings.chanrobles virtua law library

Sec. 12. View and decision by the Board of Governors. -

(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report   (b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.   (c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.   (d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.

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B. PROCEEDINGS IN THE SUPREME COURT
Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme Court in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case, the investigation shall proceed in the same manner provided in Sections 6 to 11 hereof, save that the review report of the investigation shall be conducted directly by the Supreme Court.

Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a resolution containing his findings of fact and recommendations together the record and all the evidence presented in the investigation for the final action of the Supreme Court.

  C. COMMON PROVISIONS
Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigator, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.chanrobles virtua law library

Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.

Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.

Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.

Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges forthwith the parties may be taxed as costs. chanrobles virtua law library

Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS".  All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed. (Bar Matter No. 356, Resolution dated April 13, 1988).

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Since 19.07.98








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WILLFUL IGNORANCE

Dear Sen. Chiz,

Greetings to you sir....

Below is a video I made showing how the Clerk of Court of the First Division Supreme Court of the Philippines burdened upon her own self the weight which should be borne by the three honorable judges of the First Division of the Supreme Court. I do not know how these honorable magistrates would react if they would know that the lady clerk of court usurped the authority solely vested in them by law. Only the judges can determine and evaluate with presumed competence and meticulous diligence




the merits of my petition. I have allegations of gross error in law supported by facts and hard evidence, like the non payment of separation pay and deception machinations of Shell to make it appear that giving me my retirement pay plus commutation payment of unused vacation leaves ,that already constitute the separation pay provided for by law. But I have reiterated that separation pay and termination pay are two distinct obligations of Shell to me. I am being an employee who is retiring is entitled to my retirement pay and I, an employee being removed from employment is entitled to separation pay.
I have allegations of violation of the security of tenure provision in our CBA, to wit: "Tasrea acknowledges the right of the company to contract out work . However, no employee shall suffer loss of employment on account of contracted work." When I was terminated, there are a lot of our jobs that are being contracted out and in fact Shell even hired additional personnel to run the Bitumen Import Facility. This I believe gross violation of our CBA and being so, it is illegal for Shell to terminate my employment.
Likewise, I have allegations of human rights violation. First, right to due process . It can be remembered that I file a petition for maximum salary rate adjustment to the Process Manager and he promised to tackle the matter in the LMC meeting, which they never did, inspite of my persistent follow-ups. Shell deliberately denied my right to due process.
Second, is the fact that Shell imposed upon my person the worst humiliation in my life when Shell through his puppet supervisors rank me the poorest work performer which I have shown to be fraudulently false on account of the performance bonus that Shell gave me despite the fact that there quite number of employees who did not given the same. The act of Shell of doing ranking and rating me fraudulently, annihilated me as a person, ruined my dignity and reputation.
I have shown proof of the labor arbiter wrongdoings. I said, in her effort to remove from her jurisdiction my petition for salary rate adjustment, she wrote my petition was already at the LMC acting as Grievance Committe and this was written in the April 05, 2002 LMC minutes and therefore I should have follow it up in the Grievance Committee and not to her. This is a blatant lie with malice intent because I wrote the petition July 15, 2002 and the Process Manager received it on July 16, 2002. How can my petition be discussed on April 05, 2002 LMC meeting when I just made it on July 15, 2002? The arbiter is caught red handed, she should at least be reprimanded if not disbarred. But what did the NLRC and the Court of Appeals do? Both august bodies swallowed the labor arbiter's malicious fraud; hook, sinker and line.
In addition to the labor arbiter's malfeasance, she with malicious intent to portray that if I RETIRE normally I will be indebted heavily to the Company citing figures from the column pertaining to RESIGNATION . She should have written that if I RESIGN I will be indebted to the Company. But the fact is , I am not RESIGNING but RETIRING in the option of the company and therefore I shall be receiving the same amount already given to me.
And there are still voluminous of other pertinent informations for evaluation and consideration that lie beyond and over the capacity of the lady clerk of court that she might not know or, maybe it is her own willful ignorance.
Sincerely,
Antonio L. Buensuceso

UNIQUE PICTURE CLAIMED TO BE FROM NASA

This is a picture NASA took with the Hubble telescope..
Called 'The Eye of God.'

Original message from:

Ronald C. Arago
Instrument Supervisor
Kellogg Brown & Root Intl. ( KBR )
Asset Delivery Team – ADT FGP C4
QSGTL – Qatar Shell Gas-To-Liquid Project
Email: r.arago@chcfgp.com
Ronald.Arago@kbr.com
Mobile: +974 66740836

The TRUTH will set you FREE.

COURTESY OF A SHELL REFINERY TABANGAO EMPLOYEE AND FRIENDS.

PICTURE COLLECTIONS

GOOD and BAD ABOUT ONIONS

In 1919 when the flu killed 40 million people, there was a Doctor who visited many farmers to see if he could help them combat the flu. Many of the farmers and their family had contracted it, and many died.

The doctor came upon one farmer, and to his surprise, everyone in the household was very healthy. When the doctor asked what the farmer was doing that was different, the wife replied that she had placed an unpeeled onion in a dish in the rooms of the home (probably only two rooms back then). The doctor couldn't believe it and asked if he could have one of the onions and place it under the microscope. She gave him one, and when he did this, he did find the flu virus in the onion. It obviously absorbed the bacteria, therefore, keeping the family healthy.

Now, I heard this story from my hairdresser in AZ She said that several years ago many of her employees were coming down with the flu and so were many of her customers. The next year she placed several bowls with onions around in her shop. To her surprise, none of her staff got sick. It must work... (And no, she is not in the onion business.)

The moral of the story is, buy some onions and place them in bowls around your home. If you work at a desk, place one or two in your office or under your desk or even on top somewhere. Try it and see what happens. We did it last year, and we never got the flu.

If this helps you and your loved ones from getting sick, all the better. If you do get the flu, it just might be a mild case...Whatever, what have you to lose? Just a few bucks on onions!!!

Now there is a P.S. to this, for I sent it to a friend in Oregon who regularly contributes material to me on health issues. She replied with this most interesting experience about onions: Thanks for the reminder. I don't know about the farmer's story...but I do know that I contracted pneumonia, and needless to say I was very ill. I came across an article that said to cut both ends off an onion. Put one end on a fork, and then place the forked end into an empty jar...placing the jar next to the sick patient at night. It said the onion would be black in the morning from the germs. Sure enough, it happened just like that...the onion was a mess, and I began to feel better.

Another thing I read in the article was that onions and garlic placed around the room saved many from the black plague years ago. They have powerful antibacterial, antiseptic properties.

This is the other note: LEFTOVER ONIONS ARE POISONOUS! I have used an onion which has been left in the fridge. Sometimes I don't use a whole one at one time, so I save the other half for later. Now with this info, I have changed my mind. I will buy smaller onions in the future.

I had the wonderful privilege of touring Mullins Food Products, makers of mayonnaise. Mullins is huge, and is owned by 11 brothers and sisters in the Mullins family. My friend, Jeanne, is the CEO. Questions about food poisoning came up, and I wanted to share what I learned from a chemist. The guy who gave us our tour is named Ed. He's one of the brothers. Ed is a chemistry expert and is involved in developing most of the sauce formula. He's even developed sauce formula for McDonald's. Keep in mind that Ed is a food chemistry whiz.

During the tour, someone asked if we really needed to worry about mayonnaise. People are always worried that mayonnaise will spoil. Ed's answer will surprise you. Ed said that all commercially-made mayo is completely safe. "It doesn't even have to be refrigerated. No harm in refrigerating it, but it's not really necessary." He explained that the pH in mayonnaise is set at a point that bacteria could not survive in that environment. He then talked about the quintessential picnic, with the bowl of potato salad sitting on the table and how everyone blames the mayonnaise when someone gets sick.

Ed says that when food poisoning is reported, the first thing the officials look for is when the 'victim' last ate ONIONS and where those onions came from (in the potato salad?). Ed says it's not the mayonnaise (as long as it's not homemade mayo) that spoils in the outdoors. It's probably the onions, and if not the onions, it's the POTATOES.

He explained, onions are a huge magnet for bacteria, especially uncooked onions. You should never plan to keep a portion of a sliced onion.
He says it's not even safe if you put it in a zip-lock bag and put it in your refrigerator.

It's already contaminated enough just by being cut open and out for a bit, that it can be a danger to you (and doubly watch out for those onions you put on your hotdogs at the baseball park!)

Ed says if you take the leftover onion and cook it like crazy you'll probably be okay, but if you slice that leftover onion and put it on your sandwich, you're asking for trouble. Both the onions and the moist potato in a potato salad will attract and grow bacteria faster than any commercial mayonnaise will even begin to break down.

So, how's that for news? Take it for what you will. I (the author) am going to be very careful about my onions from now on. For some reason, I see a lot of credibility coming from a chemist and a company that produces millions of pounds of mayonnaise every year.

Also, dogs should never eat onions.. Their stomachs cannot metabolize onions.

Please remember it is dangerous to cut onions and try to use it to cook the next day. It becomes highly poisonous for even a single night and creates toxic bacteria which may cause adverse stomach infections because of excess bile secretions and even food poisoning.

Please pass this on to all you care about.

Courtesy of the Claytons and friends from Florida
--

LESSONS ON HOW WE TREAT PEOPLE

Five (5) lessons about
the way we treat people
1 - First Important Lesson - Cleaning Lady.

During my second month of college, our professor

Gave us a pop quiz. I was a conscientious student
And had breezed through the questions until I read

The last one:

"What is the first name of the woman who cleans the school?"
Surely this was some kind of joke. I had seen the
Cleaning woman several times. She was tall
Dark-haired and in her 50's, but how would I know her name?
I handed in my paper, leaving the last question
Blank. Just before class ended, one student asked if
The last question would count toward our quiz grade.
"Absolutely, " said the professor.. "In your careers,
You will meet many people. All are significant.. They
Deserve your attention and care, even if all you do
Is smile and say "hello.."
I've never forgotten that lesson.. I also learned her
Name was Dorothy.

2. - Second Important Lesson - Pickup in the Rain

One night, at 11:30 p.m., an older African American

Woman was standing on the side of an Alabama highway

Trying to endure a lashing rain storm. Her car had

Broken down and she desperately needed a ride.

Soaking wet, she decided to flag down the next car.

A young white man stopped to help her, generally

Unheard of in those conflict-filled 1960's. The man

Took her to safety, helped her get assistance and

Put her into a taxicab.

She seemed to be in a big hurry,

but wrote down his

Address and thanked him. Seven

days went by and a

Knock came on the man's door.

To his surprise, a

Giant console color TV was delivered

to his home. A

Special note was attached.

It read:

"Thank you so much for assisting me on

the highway.

The other night. The rain drenched

not only my

Clothes, but also my spirits. Then you

came along.

Because of you, I was able to make it

to my dying

Husband's' bedside just before he

passed away...

God

Bless you for helping me and

unselfishly serving

Others."

Sincerely,

Mrs. Nat King Cole.

3 - Third Important Lesson - Always remember those
Who serve.
In the days when an ice cream sundae cost much less,
A 10-year-old boy entered a hotel coffee shop and
Sat at a table. A waitress put a glass of water in
Front of him.
"How much is an ice cream sundae?" he asked.
"Fifty cents," replied the waitress.
The little boy pulled his hand out of his pocket and
Studied the coins in it.
"Well, how much is a plain dish of ice cream?" he inquired.
By now more people were waiting for a table and the
Waitress was growing impatient..
"Thirty-five cents," she brusquely replied.
The little boy again counted his coins.
"I'll have the plain ice cream," he said.
The waitress brought the ice cream, put the bill on
The table and walked away The boy finished the ice
Cream, paid the cashier and left.. When the waitress
Came back, she began to cry as she wiped down the
Table. There, placed neatly beside the empty dish,
Were two nickels and five pennies..
You see, he couldnt' have the sundae, because he had
To have enough left to leave her a tip.

4 - Fourth Important Lesson. - The obstacle in Our Path.

In ancient times, a King had a boulder placed on a

Roadway. Then he hid himself and watched to see if

Anyone would remove the huge rock. Some of the

King's' wealthiest merchants and courtiers came by

And simply walked around it.. Many loudly blamed the

King for not keeping the roads clear, but none did

Anything about getting the stone out of the way.

Then a peasant came along carrying a load of

Vegetables. Upon approaching the boulder, the

peasant laid down his burden and tried to move the

stone to the side of the road. After much pushing

and straining, he finally succeeded. After the

peasant picked up his load of vegetables, he noticed

a purse lying in the road where the boulder had

been. The purse contained many gold coins and a note

from the King indicating that the gold was for the

person who removed the boulder from the roadway. The

peasant learned what many of us never understand!

Every obstacle presents an opportunity to improve

our condition.

5 - Fifth Important Lesson - Giving When it Counts...

Many years ago, when I worked as a volunteer at a

hospital, I got to know a little girl named Liz who

was suffering from a rare & serious disease. Her only

chance of recovery appeared to be a blood

transfusion from her 5-year old brother, who had

miraculously survived the same disease and had

developed the antibodies needed to combat the

illness. The doctor explained the situation to her

little brother, and asked the little boy if he would

be willing to give his blood to his sister.

I saw him hesitate for only a moment before taking a

deep breath and saying, "Yes I'll do it if it will save

her." As the transfusion progressed, he lay in bed

next to his sister and smiled, as we all did, seeing

the color returning to her cheek. Then his face

grew pale and his smile faded.



He looked up at the doctor and asked with a

trembling voice, "Will I start to die right away".

Being young, the little boy had misunderstood the

doctor; he thought he was going to have to give his

sister all of his blood in order to save her.

THE SPARROW at STARBUCKS

The SPARROW at STARBUCKS
The song that silenced the cappuccino machine
It was chilly in Manhattan but warm inside the Starbucks shop on 51st Street and Broadway, just a skip up from Times Square . Early November weather in New York City holds only the slightest hint of the bitter chill of late December and January, but it's enough to send the masses crowding indoors to vie for available space and warmth.
For a musician, it's the most lucrative Starbucks location in the world, I'm told, and consequently, the tips can be substantial if you play your tunes right. Apparently, we were striking all the right chords that night, because our basket was almost overflowing. It was a fun, low-pressure gig - I was playing keyboard and singing backup for my friend who also added rhythm with an arsenal of percussion instruments. We mostly did pop songs from the '40s to the '90s with a few original tunes thrown in. During our emotional rendition of the classic, "If You Don't Know Me by Now," I noticed a lady sitting in one of the lounge chairs across from me. She was swaying to the beat and singing along.
After the tune was over, she approached me. "I apologize for singing along on that song. Did it bother you?" she asked. "No," I replied. "We love it when the audience joins in. Would you like to sing up front on the next selection?"
To my delight, she accepted my invitation.. "You choose," I said. "What are you in the mood to sing?"
"Well. ... do you know any hymns?"
Hymns? This woman didn't know who she was dealing with. I cut my teeth on hymns. Before I was even born, I was going to church. I gave our guest singer a knowing look. "Name one."
"Oh, I don't know. There are so many good ones. You pick one."
"Okay," I replied. "How about 'His Eye is on the Sparrow'?"
My new friend was silent, her eyes averted. Then she fixed her eyes on mine again and said, "Yeah. Let's do that one." She slowly nodded her head, put down her purse, straightened her jacket and faced the center of the shop. With my two-bar setup, she began to sing.
Why should I be discouraged? Why should the shadows come?
The audience of coffee drinkers was transfixed. Even the gurgling noises of the cappuccino machine ceased as the employees stopped what they were doing to listen. The song rose to its conclusion.
I sing because I'm happy; I sing because I'm free. For His eye is on the sparrow And I know He watches me.
When the last note was sung, the applause crescendoed to a deafening roar that would have rivaled a sold-out crowd at Carnegie Hall. Embarrassed, the woman tried to shout over the din, "Oh, y'all go back to your coffee! I didn't come in here to do a concert! I just came in here to get somethin' to drink, just like you!" But the ovation continued..
I embraced my new friend. "You, my dear, have made my whole year! That was beautiful!"
"Well, it's funny that you picked that particular hymn," she said.
"Why is that?"
"Well . .." she hesitated again, "that was my daughter's favorite song."
"Really!" I exclaimed.
"Yes," she said, and then grabbed my hands. By this time, the applause had subsided and it was business as usual.. "She was 16. She died of a brain tumor last week."
I said the first thing that found its way through my stunned silence. "Are you going to be okay?"
She smiled through tear-filled eyes and squeezed my hands. "I'm gonna be okay. I've just got to keep trusting the Lord and singing his songs, and everything's gonna be just fine." She picked up her bag, gave me her card, and then she was gone.
Was it just a coincidence that we happened to be singing in that particular coffee shop on that particular November night? Coincidence that this wonderful lady just happened to walk into that particular shop? Coincidence that of all the hymns to choose from, I just happened to pick the very hymn that was the favorite of her daughter, who had died just the week before? I refuse to believe it.

God has been arranging encounters in human history since the beginning of time, and it's no stretch for me to imagine that God could reach into a coffee shop in midtown Manhattan and turn an ordinary gig into a revival. It was a great reminder that if we keep trusting God and singing the songs, everything's gonna be okay.
The next time you feel like GOD can't use YOU, just remember...
Noah was a drunk
Abraham was too old
Isaac was a daydreamer
Jacob was a liar
Leah was ugly
Joseph was abused
Moses had a stuttering problem
Gideon was afraid
Sampson had long hair and was a womanizer
Rahab was a prostitute
Jeremiah and Timothy were too young
David had an affair and was a murderer
Elijah was suicidal
Isaiah preached naked
Jonah ran from God
Naomi was a widow
Job went bankrupt
John the Baptist ate bugs
Peter denied Christ
The Disciples fell asleep while praying
Martha worried about everything
The Samaritan woman was divorced, more than once
Zaccheus was too small
Paul was too religious
Timothy had an ulcer...
AND Lazarus was dead!
No more excuses now!! God can use you to your full potential. Besides you aren't the message, you are just the messenger.
God bless you by passing this on to someone else, if you'd like.

Courtesy of the Clayton's from Florida.

NASA and the BIBLE

Thought this was pretty amazing and interesting!

For all the scientists out there, and for all the students who have a hard time convincing these people regarding the truth of the Bible, here's something that shows God's awesome creation, and that He is still in control.

Did you know that the space program is busy proving that what has been called 'myth' in the Bible is true?

Mr. Harold Hill, President of the Curtis Engine Company in Baltimore, Maryland, and a consultant in the space program, relates the following development.
'I think one of the most amazing things that God has done for us today happened recently to our astronauts and space scientists at Green Belt, Maryland ...

They were checking out where the positions of the sun, moon, and planets would be 100 years and 1,000 years from now. We have to know this so we won't send up a satellite and have it bump into something later on in its orbits.

We have to lay out the orbits in terms of the life of the satellite and where the planets will be so the whole thing will not bog down.

They ran the computer measurement back and forth over the centuries, and it came to a halt. The computer stopped and put up a red signal, which meant that there was something wrong with either the information fed into it or with the results as compared to the standards.


They called in the service department to check it out, and they said, 'What's wrong?' Well, they found there is a day missing in space in elapsed time.

They scratched their heads and tore their hair out. There was no answer.

Finally a Christian man on the team said, 'You know, one time I was in Sunday School, and they talked about the sun standing still.' While they didn't believe him, they didn't have an answer either, so they said, 'Show us, '

He got a Bible and went to the book of Joshua where they found a pretty ridiculous statement for any one with 'common sense.'

There they found the Lord saying to Joshua,


'Fear them not, I have delivered them into thy hand; there shall not a man of them stand before Thee.'

Joshua was concerned because he was surrounded by the enemy! And if darkness fell, they would overpower them. So Joshua asked the Lord to make the sun stand still! That's right.... 'The sun stood still and the moon stayed and lasted not to go down about a whole day!'
(Joshua 10:12-13)

The astronauts and scientists said, there is the missing day! They checked the computers going back into the time it was written and found it was close but not close enough. The elapsed time that was missing back in Joshua's day was
23 hours and 20 minutes.. Not a whole day.


They read the Bible, and there it was about [approximately] a day. These little words in the Bible are important, but they were still in trouble because if you cannot account for 40 minutes, you'll still be in trouble 1000 years from now.

Forty minutes had to be found because it can be multiplied many times over in orbits. As the Christian employee thought about it, he remembered somewhere in the Bible where it said the sun went BACKWARDS.

The scientists told him he was out of his mind, but they got out the Book and read these words in 2 Kings that told of the following story: Hezekiah, on his death bed, was visited by the prophet Isaiah who told him that he was not going to die. Hezekiah asked for a sign as proof. Isaiah said 'Do you want the sun to go ahead 10 degrees?'

Hezekiah said, 'It is nothing for the sun to go ahead 10 degrees, but let the shadow return backward 10 degrees.' Isaiah spoke to the Lord, and the Lord brought the shadow ten degrees BACKWARD! Ten degrees is exactly 40 minutes!'

Twenty-three hours and 20 minutes in Joshua, plus 40 minutes in Second Kings make the missing day in the universe! Isn't it amazing?

References: Joshua 10:8, 12-13 and 2 Kings 20:9-11.
Courtesy of Tes and Al Clayton and friends.

DR. HUONG DEFENCE, QUO VADIS TABANGAO ?

 

Dr Huong defence

against Royal Dutch

Shell defamation action

Jan 11th, 2011

by John Donovan.

No comments yet

It will soon be apparent to our readers from the extracts below, why Shell settled the Dr Huong litigation out of court. A very considerable pile of extremely smelly internal dirty laundry that Shell definitely did not want aired in open court, even in Malaysia.

By John Donovan
Dr John Huong, a former Shell geologist of almost 30 years standing was the FIRST SHELL employee to blow the whistle on the Shell reserves fraud (and other important issues relating to the misdeeds of Royal Dutch Shell management). He was not prepared to tolerate  the lives of Shell employees being recklessly put at risk.
As a result Shell was determined to silence him at all costs. Hence the unprecedented spectacle of EIGHT Royal Dutch Shell companies collectively bringing a defamation action against one former employee – an unemployed Malaysian who had no prospect whatsoever of finding alternative employment in his profession while the litigation cloud hung over the heads of himself and his family for several years.
Dr Huong made the mistake of believing in Shell's STATEMENT OF GENERAL BUSINESS PRINCIPLES and in particular the pledges of "honesty, integrity, respect for people" in all of Shell's dealings. He was also impressed by Shell's philosophy in the claimed new ways of working, including the promotion of trust, openness, teamwork, professionalism and pride in what Shell does.  He did not realise until more recent years that all of the pledges and claims were purely hype and spin meant for use in global PR campaigns such as "Profits and Principles" i.e. for the consumption of gullible consumers and stakeholders.
Dr Huong filed a Defence containing a staggering array of allegations, facts and evidence directed against Royal Dutch Shell Group. It represented a devastating indictment of Shell by a conscience driven former Shell insider. If filed today, much more evidence could be included about Shell misdeeds, including its involvement in murder, torture, corruption, spying inside the Nigerian government and even spying on Shell's own employees in association with a specialist unit partly funded and staffed by the FBI.
It will soon be apparent to our readers from the extracts below, why Shell settled the Dr Huong litigation out of court. A very considerable pile of extremely smelly internal dirty laundry that Shell definitely did not want aired in open court, even in Malaysia.
IN THE HIGH COURT OF MALAYA IN KUALA LUMPUR
(CIVIL DIVISION) SUIT NO.S2-23-41 OF 2004
BETWEEN
SARAWAK SHELL BHD. (71978-W)
SHELL MALAYSIA TRADING SENDIRIAN BERHAD (6078-M)
SHELL REFINING COMPANY (FEDERATION OF MALAYA) BHD. (3926-U)
SHELL TIMUR SDN. BHD. ( 113304-H)
SHELL EXPLORATION AND PRODUCTION MALAYSIA B.V. (993963-V)
SHELL OIL AND GAS (MALAYSIA) LLC (993830-X)
SHELL SABAH SELATAN SDN. BHD. (228504-T)
SABAH SHELL PETROLEUM COMPANY LTD. (993229-W)
In the event that the Alleged Defamatory Statements, in their natural and ordinary meaning, mean or are capable of conveying the meanings pleaded in paragraph 19 of the Statement of Claim and are found to refer to the Plaintiffs and/or the Shell Group, the Defendant avers that the Alleged Defamatory Statements are true in substance and fact.
23.1  Particulars the Defendant repeats the particulars pleaded in paragraph P6 above;
23.2  on 9.1.2004, the Shell Group disclosed to the public that in the period from 1997 to 2003,the Shell Group had deliberately and falsely made misleading statements by over declaring the quantities and/or values of their petroleum reserves. The Shell Group subsequently made 5 announcements on the devaluation of their petroleum reserves. The first announcement alone devalued the said petroleum reserves by at least 20%. As a result of the false and misleading declarations, the Shell Group was fined by the Securities & Exchange Commission in the United States of America and the Financial Services Authority in the United Kingdom (hereinafter referred to as "the Reserves Scandal");
23.3  as a result of the Reserves Scandal, shares of the Shell Group being publicly traded dropped in value substantially, thus causing their shareholders to suffer very considerable losses;
23.4  shareholders of Royal Dutch Petroleum, a company within the Shell Group, in the United Kingdom are threatening legal action in regards to tax penalties arising from the unification of Shell Transport and Trading Company plc and Royal Dutch Shell, both companies within the Shell Group. This said unification was due to the restructuring of the Shell Group following the Reserves Scandal;
23.5 the Shell Group is faced with a continuing criminal investigation by the justice Department, United States of America into the actions of former and current members of the senior executives o f the Shell Group;
23.6  the Shell Group is faced with a public inquiry after the deaths of two workers in an accident on the Brent Bravo offshore platform in the United Kingdom, for which the Shell Group has already admitted liability and paid a record high fine;
23.7 the Shell Group has agreed to a proposal to pay a USD90 million settlement in respect of a class action lawsuit in relation to the Reserves Scandal, which was brought against the Shell Group by its own employees who were prejudiced by the materially false and misleading statements of the of the Shell Group on the reported proven oil and natural gas reserves;
23.8  on 31.8.2005, the Shell Group had announced a USD9.2 million dollar settlement of a shareholder derivative class action lawsuit in the United States of America, in relation to the Reserves Scandal. The lead plaintiffs therein are the Unite National Retirement Fund and the Plumbers and Pipefitters National Pension Fund. The action is against named individual defendants including current directors of the unified new company, Royal Dutch Shell plc – including its CEO Jeroen van der Veer, Executive Director Malcolm Brinded and Maarten van den Berg. The plaintiffs allege that the said persons acted in breach of their fiduciary duties owed to companies in the Shell Group, abused their control over the said companies, aided and abetted breaches by others, and/or committed gross mismanagement and/or constructive fraud;
23.9 the Shell Group is facing another class action in the United States of America in relation to securities fraud, which has been granted leave to proceed by a Federal Judge, who has made a finding that the She11 Group and certain named directors including Jerocn van der Veer have a case to answer for alleged securities fraud in relation to the Reserves Scandal. The lead plaintiffs are the Pennsylvania State Employee Retirement System and the Pennsylvania Public School Employees Retirement System;
23.10 the Shell Group is also facing another class action lawsuit in the United States of America for alien tort, where 14 individual plaintiffs therein are suing the Shell Group for violations of customary international law in relation the She11 Group's petroleum producing operations in Ogoniland, Nigeria. The plaintiffs allege that the Shell Group engaged in militarised commerce in a conspiracy with the former Military Government of Nigeria and that the Shell Group knowingly instigated, planned, facilitated, and participated in unprovoked attacks by the Nigerian military against the unarmed residents of Ogoniland, resulting in extrajudicial murder, crimes against humanity, torture, rape, cruel, inhuman and degrading treatment, arbitrary arrest and detention, forced exile and the deliberate destruction of private property. The Shell Group had admitted after the leaking of an internal report that the corporate behaviour of the Shell Group in Nigeria fed a vicious cycle of violence and corruption;
23.11  the Shell Group is also facing a class action in the United States of America by 26 plaintiffs, mostly Dutch pension funds, in relation to the Reserves Scandal, where the plaintiffs therein are suing in respect of losses suffered as a result of the purchase of shares in the Shell Group at artificially inflated prices and the subsequent drop in value of their investments when it was discovered that the Shell Group had deliberately and falsely over declared the quantities and/or values of their petroleum reserves;
23.12  legal proceedings have been commenced against the Shell Group and its senior executives in the District Court for the District of New Jersey, the United States of America for remedies under the Security Exchange Act of 1934 in relation to the Reserves Scandal, where the plaintiffs complain that the She11 Group had violated federal securities law by issuing material misrepresentations on the quantities and/or values of their petroleum reserves and that the Shell Group had violated accounting rules and guidelines relating to the declaration of oil and gas reserves, resulting in a material over declaration of oil and gas reserves and causing its shareholders to suffer loss when the Reserves Scandal occurred and the value of publicly traded shares of the Shell Group fell;
23.13 the Shell Group is also facing various other lcgal proceedings in the United States of America in relation to the Reserves Scandal;
23.14  AE Donovan, JA Donovan and/or Don Marketing Limited had commenced court proceedings against the Shell Group companies operating in the United Kingdom by in respect of breaches of confidence and/or breaches of contract in respect of 4 marketing proposals forwarded by Don Marketing Limited to the Shell Group companies operating in the United Kingdom, which the Shell Group companies operating in the United Kingdom had made use of without the consent or knowledge of Don Marketing Limited. The Shell Group companies operating in the United Kingdom eventually settled the said 4 court proceedings brought by AE Donovan, JA Donovan and Don Marketing Limited by making payments of substantial sums in respect of the claims and costs;
23.15  in or around 1 994, AE Donovan, JA Donovan and Don Marketing Limited has commenced court proceedings against the Shell Group companies operating in the United Kingdom by in respect of the breach of the terns of a mediation agreement by the Shell Group companies operating in the United Kingdom. The Shell Group companies operating in the United Kingdom settled this court proceedings by making payments of substantia1 sums in respect of the claim and costs;
23.16   in or around 1994, AE Donovan had also sued the Shell: Group companies operating in the United Kingdom for libel, which suit was also settled by the Shell Group companies operating in the United Kingdom by making payments of substantial sums in respect of the claim and costs;
23.17 JA Donovan had also sued the Shell Group companies operating in the United Kingdom for libel, which suit was also settled by the Shell Group companies operating in the United Kingdom by making payments of substantial sums in respect of the claim and costs;
23.18 the Shell Group companies operating in the United Kingdom had admitted to hiring a private security firm which engaged in undercover activities against AE Donovan, JA Donovan and Don Marketing during the course of the litigation between the parties;
23.19 the Shell Group companies operating in the United Kingdom had admitted to hiring a private security firms which engaged in undercover activities against environmental groups active in the United Kingdom and in other countries;
23.20 the Shell Group had been fined a substantial sum by the United Nations when it was found that an oil tanker chartered by the Shell Group had violated the international trade embargo against Iraq by transporting petroleum which had originated from Iraq;
23.21 a prosecution that was brought by the Department of Justice of the United States of America against the Shell Group in respect of the Shell Group having repeatedly and deliberately under declared the value of natuml gas extracted in the Gulf of Mexico to avoid the payment of royalties, was settled by the She11 Group by making a substantial payment;
23.22 the Foundation for Taxpayer and Consumer Rights of Santa Monica of California, the United States of America has accused the Shell Group o f deliberately taking action to reduce its production of petroleum fuel products during periods of high demand so as to cause a shortage of fuel in California;
23.23  while the Shell:Group have at various times publicised that they operate and manage their businesses subject to their Statement of General Business Principles, the Shell Group has also subsequently denied that the said Statement of General Business Principles were intended to be enforceable against the Shell Group;
23.24 the Shell Group had settled class actions in British Columbia and Ontario, Canada in respect of damage suffered by vehicles which had used petrol sold by the Shell Group which contained an additive that caused the said damage;
23.25 the Shell Group faced a claim in Florida, the United States of America in respect of damage suffered by vehicles which had used petrel sold by the Shell Group which contained sulphur that caused the said damage;
23.26  in or about December 2002 in Nicaragua, the Shell Group was ordered by a court to pay substantial compensation to banana plantation workers who had suffered permanent and serious injury and/or disease and/or death as a result of being exposed to a pesticide which was sold by the Shell Group in Nicaragua subsequent to the banning of the said pesticide in the United States of America in 1979, with full knowledge that the said pesticide would cause permanent and serious injury and/or disease and/or death to persons exposed to it;
23.27  at various times, the Shell Group had caused and/or allowed petroleum producing and/or storage and/or transporting and/or processing and/or refining facilities,which are owned by the Shell Group and/or partly owned by the Shell Group, to cause wide spread pollution, resulting in damage to the environment and/or illness and disease to the local populations and/or destruction of property, in the following places:
23.27.1 Norco, Louisiana in the United States of America;
23.27.2 Port Arthur and Texas Deer Park, Texas in the United States of America
23.27.3 Rukpokwu and various petroleum production facilities in Nigeria;

23.27.4 Vila Carioca, San Paulo in Brazil;
23.27.5 Curacao;
23.27.6 Durban in South Africa;
23.28  at various times, the Shell Group, by their activities in petroleum-producing and/or storage and/or transporting and/or processing and/or refining facilities, which arc owned by the Shell Group and/or partly owned by the Shell Group, continued to put the local population at risk of damage to the environment and/or illness and disease and/or destruction of property, in the following places:
23.28.I    Pandacan, Manila in the Philippines;
23.28.2    Sakhalin IsIand in Russia.
In the alternative, the Defendant avers that the Alleged Defamatory Statements constitute fair comment on matters of public interest, namely that the Shell Group has been involved in numerous scandals and/or controversies and/or prosecutions worldwide, including the Reserves Scandal.
Particulars
24. 1  the Defendant repeats the particulars pleaded in paragraph 16 above;
24.2 the Defendant repeats the particulars pleaded in paragraph 23 above.
25. Paragraph 21 of the Statement of Claim is denied. The Defendant avers that by reason of the facts and matters pleaded in paragraphs 9 to 24 above, the Alleged Defamatory Statements have not caused any further damage and/or injury to the reputations of the Plaintiffs and/or the Shell Group.
26. Paragraph 22 of the Statement of Claim is denied. The Defendant avers that:
26.1    AE Donovan and JA Donovan had sole control over the contents of the said Website and had thc right to decide on the contributions that were to be posted on the said Website and also to edit any contribution received before posting the same on the said Website;
26.2    the Defendant did not publish the alleged posting on 16.6.2004 on the said Website or any other Internet website;
26.3    the alleged posting on 16.6.2004 was published by AE Donovan and/or JA Donovan on the said Website;
26.4    the alleged posting on 16.6.2004 was the result of AE Donovan an#or JA Donovan having edited and added their own comments to the correspondences between the Defendant and AE Donovan and/or JA Donovan, before posting the same onto the said Website;
26.5    the Defendant had absolutely no control over the contents of the alleged posting on 16.6.2004 on the said Website.
27.  Paragraph 23 of the Statement of Claim is denied. The Defendant avers that by reason of the facts and matters pleaded in paragraphs 9 to 24 above, the Alleged Defamatory Statements have not caused any further damage and/or injury to the reputations of the Plaintiffs and/or the Shell Group and have not Further caused the Plaintiffs and/or the Shell Group to be brought into any further public scandal, contempt nor odium.
28. Paragraph 24 of the Statement of Claim is denied. The Defendant repeats paragraph 26 and 27 above.
29. Paragraphs 25 to 29 of the Statement of Claim are denied. The Defendant avers that the Plaintiffs are not entitled to the remedies claimed therein.
30.  Save as hereinbefore expressly admitted, the Defendant denies each and every allegation of fact contained in the Statement of Claim as if the same were specifically set forth seriatim herein and specifically traversed.
Dated this 25th day of January 2006.
The above is a scanned copy, so there may be mistakes. The original can be viewed via this link.
COMPLETE DEFENCE DOCUMENT INCLUDING ABOVE INFORMATION

Posted in: Alfred Donovan, Environment, Human Rights, Jeroen van der Veer, John Donovan, Litigation, Malcolm Brinded, Nigeria, Oil, Outspoken Articles, Private, Royal Dutch Shell Plc, Russia, Sakhalin II, Shell, Shell Blog, Shell Spying.
Tagged: Alfred Donovan · Corruption · Dr John Huong · John Donovan · Litigation · Malaysia · Nigeria · Oil · Russia