#$30 000.00

[itsrattysworld]

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[5strazha]

Комиссионное оружие для охоты ✔️ цена - Пятая Стража

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[hardynwa]

Court sentences two journalists to prison over defamation reports in Kwara

A Magistrate court sitting in Ilorin, Kwara state capital has sentenced two persons namely Gidado Shuaib and Olufemi Alfred to three months imprisonment over a case of criminal conspiracy and defamation levelled against them. The convicts, who were given an option of a fine of N100, 000.00 each were arraigned in court on a First Information Report dated November 2019 for offences of criminal conspiracy and defamation contrary to sections 97 and 392 of the penal law. Their arraignment followed a petition written against them by Hillcrest Agro- Allied Industries Limited located at Kilometre 4, Ajase -Ipo road, Amberi village , Kwara state over a published article in News Digest “titled Inside Kwara factory where Indian hemp is legalised “. The article, according to the petitioner, portrayed the company, which is into rice production as a place where Indian hemp is being smoked freely by workers . The company ( Hillcrest Agro- Allied Industries , Limited) had told the court that the article in the online publication had caused the company and the petitioner huge financial and reputational damages. The petitioner further told the court that as a result of the article published in the online publication (News Digest) in June 2018, the company was denied a loan facility to the tune of $10,000,000.000 by a funding partner in the United Arab Emirates called Arab Group and equally lost a deposit sum of $250 ,000.00 Delivering judgement on the matter after about five years of legal battle, magistrate A S Muhammad said ” I have carefully considered the evidence of PW1 (Shakirat Yusuf) on the character of the convicts as well as considered the Allocutus made by learned counsel to the convicts and I have equally reflected on the provisions of sections 316 and 417 of the Kwara state administration of criminal justice law, 2018. ” In compliance with the provisions under S.417 (2) ( d) of the Kwara state ACJL , 2018 , I shall not pass maximum sentence on the convicts. “Premised on the forgoing for the offence of conspiracy, I sentenced the 1st and 2nd convicts to a fine of N40,000 only each or 2 months imprisonment in default of payment. “On defamation, the 1st and 2nd convicts are sentenced to a fine of N60,000.00 only each or 3 months imprisonment in default of payment. “For clarity, each of the convicts is to pay a fine of N100, 000.00 only for the offences of conspiracy and defamation respectively, haven been convicted in default of payment, the sentence shall run concurrently. Rights of Appeal exist within 30 days”. Read the full article

[rdpunzalan]

Article 1240. Law of the Philippines

G.R. No. 172825               October 11, 2012

SPOUSES MINIANO B. DELA CRUZ and LETA L. DELA CRUZ, Petitioners, vs. ANA MARIE CONCEPCION, Respondent.

Facts:

On March 25, 1996, petitioners (as vendors) and respondent (as vendee) entered into a Contract to Sell [3] for the purchase of a house and lot in Cypress St., Phase I, Town and Country Executive Village, Antipolo City. The purchase price was P2, 000,000.00.

The payments made by the respondent are as follows: (1) a down payment of P500, 000.00; (2) P500, 000.00 on May 30, 1996; (3) P500, 000.00 paid on January 22, 1997; and (4) a P500, 000.00 bounced check dated June 30, 1997, which was later replaced by another check of the... identical sum, dated July 7, 1997. Therefore, the respondent was able to pay a total of P2, 000,000.00.

Issues:

Whether or not respondent's obligation had already been extinguished by payment.

Ruling:

The obligation of the respondent is to pay a certain amount of money. Payment should be provided to the appropriate party as specified in Article 1240 of the Civil Code in order to discharge this obligation.

Section 1240. The person in whose favor the obligation has been created, his successor in interest, or any other person authorized to receive it, must be paid.

The obligation is discharged by payment made by the debtor to the creditor in person or to a person designated by him or by law to receive it. However, the obligation is not discharged as to the creditor who is at fault when payment is made to the incorrect person. Even if the debtor operated with the utmost good faith or ignorance.

In general, a payment must be given to the correct individual in order to be effective in satisfying an obligation. Therefore, payment must be paid to the obligee directly or to a representative who has express or implied permission to accept the specific payment. a payment is provided to someone who... As a general rule, seeming authority to receive the money will be regarded as genuine authorization to receive it. It will also result in a discharge if money is paid to someone who is legally permitted to act as the creditor's agent. The acquisition of funds owed under a judgment. Therefore, payment made by an officer who is legally permitted to accept it will satisfy the debt.

Admittedly, the remaining P200, 000.00 balance was not paid.

Petitioners' letter[39] to respondent, dated August 7, 1997, in which they informed respondent of the sums they advanced for the payment of the 1997 real estate taxes, served as legal documentation establishing Losloso's right to receive payment. Petitioners reminded respondent of her outstanding balance as well as the total amount of taxes paid in such letter. Given the respondent's hectic schedule, the petitioners suggested she leave the payment with a certain "Dori," who is, of course, Losloso, or her dependable assistant. This is Losloso's explicit consent to accept payment. Adoracion Losloso was in fact a representative for the appellant partners.

Payment made to Losloso is therefore considered payment to the petitioners, as evidenced by the receipt acknowledged by the agent of the petitioners and in accordance with the power given by the petitioners to that company.

[sfc-paulchambers]

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[ashleywallghot225]

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[jovialcherryblossomsongngansprig]

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[dorothymciemgo178]

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