Easy Paradigm in Legal Research and Organizing of Legal Resources

This is a good info to Filipino lawyers, law students, and legal professionals! — You can find your legal queries by presenting accurate results. You can organize you legal resources in a fully customizable outline where you can embed your documents, search results, comments, text snippets, citations, links to websites, and other applications. Here comes a program (developed by one of our site associates) called haiNa 2.0, an ELRM (Electronic Legal Resource Management) computer utility that makes it easy for users from the legal realm to facilitate their legal exploring, thus avoiding the hassles of the typical and commonplace methods. The features of this electronic utility are NOT AVAILABLE THROUGH ONLINE SEARCH USING COMMON INTERNET SEARCH ENGINES.

What does this program challenge you on? Firstly, it asks you this –

 

“How fast can you find the latest and most relevant Supreme Court decisions on a particular issue?

 

You either have an internet connection or you don’t. If you don’t, then get your dusty books and scan the table of contents. You are lucky if the cases cited in your book have not been superseded yet by new rulings. Otherwise, you will be copying obsolete citations.

 

If you have an internet connection you can try to navigate to any of the following websites: Supreme Court, Laszphil, or Chanrobles. If your internet connection is slow and you are using an old portable wifi hotspot, you will get fed up waiting for the page to load. If you are impatient, you will leave the computer and try again on another day.

 

If you are lucky to live or work in a city, you might find a wifi hotspot with a high-speed internet connection. Browsing any website would not be a problem for you. But how do you find the relevant cases buried deep among the unmapped links on those websites?

 

You resort to online search engines such as Google, Yahoo, or Bing. You get your search results almost instantly and you think nothing else could do better. Only because you have not seen better. haiNa 2.0 is definitely a better tool!”

 

 

 

haiNa New

Also, if you are looking for a legal defender, Regala Llagas and Lelis Law Office is a full-service Filipino Law Firm providing reliable and cost-effective solutions for litigation, government, business, real property,and family concerns. Look up in http://rlla-law.unaux.com. You can see that not only do we find and offer easy paradigms in translation and in confrontational dilemma solving but likewise in legal research. Remember this: Our books, utilities, and programs are catered to the average Pinoys. We make learning and tasks easy!

 

 

 

Is insurance a heredity? Sibling relationship is broken because of wrong interpretation of Insurance versus Heredity

The complaining sister against her brother blurts out that the insurance (proceeds) should be distributed to them equally.

Sibling relationship sometimes gets affected because of lack of knowledge of definitions of certain things. Kadalasan, ang kakulangan ng basic knowledge sa mga mahahalagang bagay about civil life ang nagiging dahilan ng awayan. May kasabihan nga, “little knowledge is a dangerous thing.”

 

 

 

 

 

 

What’s the issue? the problem?

 

One married woman condemns his brother for the fact their mother made him in charge of procuring the release of the proceeds for the life insurance taken up by their father with the Philamlife when the father was still alive. The brother was successful in having procured it, so, the amounts of hundred thousands were released to him that he then distributed to them except to the complaining married woman/sister. In that insurance, all the siblings and their mother were the beneficiaries except the married woman. Background of the insurance: When the father took the life insurance, all the siblings of three out of four were of minor age and one is, although of major age, yet totally handicapped. On the contrary, the married woman/sister was of major age that time and already married. But now, the married woman complains why she does not receive a share. She reasons out that the released money (proceeds) should be distributed to them equally because according to her, every inheritance of a deceased parent should be given to the surviving children and the spouse equally. So, she thinks of her brother as a cheater. He cheated her according to her.

 

 

 

 

 

 

 

 

SAY IT RIGHT LOGICALLY brings the issue to light:

Who is the one wrong?

The married woman/sister of the siblings is misunderstanding the case. The definition of Insurance in Philippine Civil Code tells that it is “an undertaking for a consideration to indemnify another against loss, damage or liability arising from a known or contingent event.”

When confronting problems like this, your first rationalization duty is to look at definitions

While the definition may be long, the shortest and understandable definition is that it is A COVERAGE PROTECTION BY INDEMNIFICATION. Indemnification means reimbursement, repay, refund, remuneration, compensation. We will not tackle here all the kinds of insurance. It is important to note here that in Life Insurance, it simply means that the one who took it up is ensuring the living circumstance of those he is obliged to support just in case something bad happens to him which is his death. Therefore, as in the situation above, when he dies, those minor siblings and the handicapped and the mother are the ones at stake because they are still under his protection and support.

So what is the status of the complaining woman?

The married child (the complainer in this case) was already discarded from the financial protection of the father because she was already of major age that time and that, being married, it is her own husband who, in socio-legal culture, already assumed the responsibility of financially protecting her. She is not covered by the indemnificatory protection under the insurance of the father.

What should the complaining woman understand well?

Insurance is AN ENSURING. Hence, it is an obligation. Just look at the three words in the definition of Insurance namely, “loss, damage, and liability.” Without any or all of these words, Insurance for those who will benefit from its proceeds will not be effective. Ito and dapat maintindihan ng kapatid na babae. This is what the sister should understand. Would she suffer loss or damage if his father died soon that time?  Would his father be still liable for her that time? The answer is BIG NO! Ang magsasa-suffer ng loss at damage ay ang mga kapatid niya na minor at ang nanay nila. Oo, magsa-suffer siya ng MORAL LOSS pero hindi financial loss.

The reason why insurance is called indemnificatory obligation

Kaya nga ang tawag sa Insurance ay indemnificatory coverage kasi ang ibig sabihin ng indemnity ay financial benefit. Hindi kailangang i-indemnify ang moral loss kundi ang financial loss lang, kapag insurance ang pinag-uusapan.

On the opposite, what is Inheritance?

On the contrary, Inheritance means residual benefits.

“The inheritance of a person includes not only the property and the transmissible rights and obligations existing at the time of his death but also which that have accrued thereto since the opening of the succession.” ( Article 781 of the Civil Code of the Philippines) It pertains to all those assets left “after the obligations are settled or deducted.”

Bago makipag-away, ano ang dapat tiyakin? Before quarreling somebody, what should one ascertain first?

Bago tayo mang-away at mag-condemn lalo na kung kadugo, dapat mag-alam muna tayo ng mga basic knowledge na kailangan natin sa ating pang-araw-araw na civil life.

Air your grievance in this forum. We in this site forum and any advocating reader will help one another so that we may detect the illogical, trap the inconsistency; let you stand your ground, hold your oppressor back, debunk your basher, and, tune things straight, fine and upfront.

 

Humiliating someone because of wrong interpretation of company secret

Is the wrongful, illegal act of a student of a school a company secret that is not ought to be divulged by the faculty?

If a faculty divulges the illegal act committed by a student, can the faculty be charged for divulging company secret?

 

 

 

 

 

 

 

 

 

What’s the issue? the problem?

 

A teacher of a school was suspended and demoted by the director. The suspension and demotion sprang from the case where a student of the school under the charge of the teacher was found possessing drugs. The teacher reported the incident first to his co-teachers for the purpose of deliberating among them what action to do. The teacher confiscated the drugs from the student. The director freaked out. She was worried that the incident could taint the image of their school since a commotion was created because of the teacher’s reporting to her co-teachers. She wouldn’t want the incident to be revealed because it was disgraceful to the company according to her. So, she was angry with the teacher who caused it to be revealed (even among themselves — those in the school who were concerned.) The director cited the company (school policy) that is allegedly violated by the teacher thus, “… divulging confidential or restricted company secrets or information without authority whether or not damage has occurred to the company, as well as commission of any act of disloyalty which affects the goodwill of the company.”

 

 

 

 

 

 

 

SAY IT RIGHT LOGICALLY brings the issue to light

Who is being unfair?

What an unfair act of the Director! Her contention is absolutely wrong and illogical.

Misplaced use of the term ‘company secret’ and failure to refresh oneself about what ‘conventional’ matters are

Company secrets should pertain to the” trade secrets” — those concerning the TRADING aspects of the company as a business. Those are secrets whose details are drafted by convention. By convention, we mean by deliberated and decided agreements by the incorporators or officers that are not for illegal purposes. They are conventional because they are already known to the company since the company or those comprising it has already caused these secrets to exist internally and not extraneous. Extraneous means those that are brought to the company which are not agreed by the company through convention (agreement).

Is the student’s act part of the conventional matters of the company?

In this present case, the incident caused by the student is for illegal purposes and not agreed (convened for or made conventionally) by the company. Walang kinalaman ang company. Hindi iyan pinag-usapan ng company o ng mga opisyal nito.

Student’s act not part of the non-divulging clause in the comapany policy

The act and the incident caused by the student simply should not be taken as a matter that ought to be a secret of the company in such a way that when divulged by a member of the personnel like the teacher is a cause for punishment against such teacher, whatsoever.

Not an honorable secret in fact

In fact, the act committed by the erring student was not an honorable secret, but a condemnable and worth exposing deed. No confidentiality and trust are ever honorable and worth keeping in the use and illegal possession of prohibited drugs! That has to be exposed, as a matter of fact. Dapat nga iyang ibulgar! What a pity for the teacher! Kinawawa naman ng director ang teacher!

Air your grievance in this forum. We in this site forum and any advocating reader will help one another so that we may detect the illogical, trap the inconsistency; let you stand your ground, hold your oppressor back, debunk your basher, and, tune things straight, fine and upfront.

 

Translation Patterns Not Treated in Schools and by Dictionaries, Only Our Forum and Our Books Do.

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It’s tough because we were not born and raised in the United States or the United Kingdom where English is the everyday medium of blabbering from childhood to adulthood and, yes, to expiration.

The problem, really, is, we are adapted to our own syntax, the Filipino way. Now if we try knitting a translation tending to fashion it from the syntax of the language to be translated, as from Filipino to English, the resulting translation would be awkward, funny, or even bizarre.

 

 

THIS ARTICLE IS AN EXCERPT FROM THE FIRST EDITION (the prototype) book entitled “How do you say it in English?, 2010 Edition, Enhanced” being published by National Book Store. The author is speaking herein.

 

Pinoy beginner style of translating

“Nagagandahan ako kay Mika.” In English, is it “I’m beautifuling of Mika”? No! You wouldn’t accept such a pointless translation. It’s absolutely out of
order. How about this, “Ikaw kasi”? Would it be, “You because”? Again, no. It’s senselessly awkward. And never attempt to say “Because of you” since it sounds quite deep, charged with heavily intense meaning, as in the song “Dahil sa iyo.” Now try this, “Kaysa mahirapan ka ng kaiisip kung paano ito i-inglesin, mabuti pang tumigil ka muna.”…………………………… All right, please fill up the space with your translation. What then? You’re at a loss!

 

By the way, I remember during a group conversation when a friend of mine threw us a Filipino specimen for translation. He asked, “How do you say ‘Pang-ilan si Colico sa magkakapatid?’ in English?” Nang pare-parehas kami mahirapan at sirit na, he tried out this translation as an option, sabi niya:

 

“Colico is the xth child. Can you find the x?”

 

Trouble is, he’s a lawyer. His translation is one by engineers! Okay, he’s just joking!

Pinoy Dilemma of speaking English

But just how do we convey these and other common Filipino expressions into English that could sound not just correct and accurate but may dating as well? This must be the language dilemma of many Filipinos who strive hard to justify the popular impression about us being the second largest English-speaking folks outside of the U.K.

  

Can we, indeed, speak English competently or, at least, satisfactorily? The truth is most of us cannot, only tolerably, perhaps. In fact, there are many professionals, from subordinates to executives, from engineers to lawyers, and from trainers to teachers, who can hardly knit straight English. You would hear some constrained speaker mutter blunt and clumsy English and then flinch. You would observe some mentor babble “ahm! ahm!” in his speaking attempt until you feel like rescuing him if only to complete the sentence. We go through the same upset when compelled by an occasion. And what? Chances are that we falter in our desperate word hunt. Or worse, we end up drowning in embarrassment for our reckless word catch.Or no catch at all.

 

Just how do we say it in English?

 

We gladly take the challenge. As we see, being able to deliver good English makes a good impression that we want. But how do we achieve the skill?

Dictionaries and grammar books not sufficient

Dictionaries, lexicons, and grammar books are not the total solution. Rather, there have to be some other instructional materials to complement them, to which job, this book volunteers to fill up. I should explain my side why I said that dictionaries, etc., are not enough; and that there has to be some other form of reference, based on two concerns: one, the matter of syntax; and two, the fact that we are Filipinos who speak the Filipino language on our own syntax.

The problem lies in the syntax

Syntax is the arrangement of words in a sentence showing their constructional relationship. Every language maintains its unique syntax distinct from the rest. French has its recognized syntax. Chinese has its own so has Japanese, English, Spanish, Filipino, etc. If we are to translate one language into another, say from Japanese to Spanish, we are not supposed to model the Spanish translation from the Japanese syntax and vice versa. If we do, we would lose, ending up in a messy translation, as those given in examples for Filipino to English at the first paragraph of this introduction. And a verbatim translation would definitely come up, which is not good, because then the syntax gets ruined.

 

Sorry to say, while there are grammar and syntax rules for every language, there are no hard and fast rules whatsoever for translating one language into another. There is not even a comprehensive guidebook for it discussing the pattern, except such few bits of advice and guide as fortunately discussed here. It is rigid to make an attempt. Why? Because every language has its independent and
unique syntax, as has been clarified. So what do we need?

So what do we need?

The answer is: for us to make out standard translations, we would first need to have a well-grounded study of the whole context of grammar, meaning, and usage of the two languages taken up for translation so we could find out how one should be said in the other. That is if we have the opportunity to do so. But since we may not have anymore the chance to do the study, some of them have to be done for us. Yet, while there may have been plenty of sources of such study, we don’t find time to make the actual translating. And so I would announce that it may be highly desired if a prepared and finished material about it would be offered to us. Here’s my book!

It requires mastery over phrasal patterns or collocations

Take note once more that for us to speak English straightly, it requires mastery over translated terms in phrases or combinations of words. Hence, the dictionary is not necessarily the word machine to help us achieve the skill even if the entire content of a bulky one is memorized because it is only the source of mostly base-form or core-word meanings.

 

 

Except for idiomatic expressions, the dictionary tells only the equivalent to single terms or multi-worded single terms, such as balat ─ skin (single term) and balat-sibuyasonion-skinned (multi-worded single term). Quite the opposite, it does not offer the reciprocal for terms or words assuming their actual meaning or sense only when taken in phrases and non-base forms, as those previously given at the start of this discussion. In fact, in the dictionary, we could look up the equation of ganda and maganda, that is, beauty and beautiful, respectively. Nowhere, however, does it point to us the match for nagagandahan. And even if we chance upon some such examples, certainly we would find no deliberate examples with emphases on such models of word construction.

 

 

Again and again [please pardon my emphasis], we can comb in the dictionary the meaning of single terms or composite-single terms such as bawang, langit, pag-ibig, palo, punta, kibit-balikat, taong-bahay, etc.; but we fail to find the equal for phrasal or non-base expressions such as magkaproblema and nagpakahirap sa pag … (any action word). Try again, if you want to.

 

Mahirap di ba?

The problem really is we are not native English speakers

Unless we speak in a choppy manner, then maybe we wouldn’t have this much trouble translating. But we talk about construction and arrangement of words called syntax!

 

It’s tough because we were not born and raised in the United States or the United Kingdom where English is the everyday medium of blabbering from childhood to adulthood and, yes, to expiration.

 

Americans find no trouble with it because when they speak, the mental process that takes place is: the idea first playing up in their mind; next, the idea spoke out by them in English to which they have been inured.

 

The problem, really, is, we are adapted to our own syntax, the Filipino way. Now if we try knitting a translation tending to fashion it from the syntax of the language to be translated, as from Filipino to English, the resulting translation would be awkward, funny, or even bizarre. In fact, we have the tendency to commit such a wrong method when we speak English because the first idea playing in our mind is the Filipino term or phrase. It instantly snaps on, right there suspended in our mind ahead of the English, of course. Next, the thing we do is to figure out this time for the English equivalent while the Filipino form still flashes on. That being the case, the Filipino syntax overwhelms, influences, and cheats the translator’s mind to think that it should be obeyed by the English construction, which should not be the case. Naturally then, the end-product we get is an out-of-tune, direct, or verbatim translation.

What reference do we need more?

So, certainly, we are aware that even if we have memorized every single term in the dictionary or lexicon and mastered the grammar rules, it is not an assurance that we will gain the ability to speak in straight English.

 

 

Along with the dictionary and grammar materials, we need another reference work to clinch what we have been discussing. My book wouldn’t serve as a replacement for those resources. It is but the humble supplement, relatively speaking for the Filipino reader. You see, even though those dictionary and grammar stuff are plentiful in libraries and bookstores, we can hardly find one that guides us to convert Filipino into English, or vice versa, in molded (assembled or shaped together) words or in phrases, with any emphasized discussion. My book does the job.

What’s the irony in our study and use of the English language?

What’s the use of having English as our well-loved language aside from Filipino if we do not use it effectively and well? Furthermore, what’s the justification for requiring it as the medium for vital transactions if only a few can understand and ably apply it? How will important transactions flow smoothly and efficiently?

 

 

Personally, I would rather English be made a regular medium of communication aside from Filipino. Or else, reject it altogether except for optional or very special reasons. That way, we would not commit blunders and go in circles when dealing with one another on many important transactions, interactions, and most activities.

 

 

In fact, most people would not bear the irony of the following things as I would ask: What’s the justification in the courtrooms for the practice of interpreting or of those interpreters when everybody there could understand Filipino? What’s the logic in schools for having to fine the students for not speaking English, when, growing up they were not exposed to the language as a matter of household or everyday medium? When, in truth, the very few who finally have achieved fluency in it become so only after they have matured enough, having acquired relatively sufficient education. Also, our instructional sources of English are usually books that are too formal or fundamental, lacking the essential features as the excellent reference for articulating straight English. Another thing, there has been no declaration, not even an initiative to make English speaking as our everyday tongue. Executive Order 210 merely declares it to be the official medium of instruction.

 

 

Indeed, if we insist on the English language being that highly required, couldn’t we as well suggest it be made the universal language for communication from childhood onwards and for an everyday official transaction? If not, let’s throw it away [except in certain cases].

Why this book ‘How do you say it in English?’

This endeavor of mine grew out of my persistent effort to offer a modest contribution for filling up such language shortage I’ve been observing around, of which I was once both culprit and victim. Also, this is partly to make up for my failure on the same subject matter sometime in the past.

 

Moreover, I am held in concern for the academe who might find it tiresome to be “Englishing.” Students would tremble and shrink when asked to recite. They might know the answer to the question asked by the professor but the trouble is they cannot express their answer in valid English or even forgivable English, not to mention the downright faultless. Hence, they would just withdraw in their seats, fearing they might get into trouble for their Carabao English or English Barok, if further urged to recite.

 

With this unrelieved burden during college days, one classmate was heard to groan, “Mas mabuti pang pumutak ang kalabaw ‘wag lang mag-English.”

Continuation and more articles are coming up.

 

Phrasal patterns, not one-word to one-word; diyan nagkakatalo sa pag-translate

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Away from the basics. Translating Filipino Expressions in Non-basic Forms.

Take note that in this book “basic way” is distinguished from “molding approach.” The former, as discussed, is a method of learning English relating to translation that is ordinary or typical. We observe it usually done by lay or amateur Filipino learners or users.

 

 

 

 

(The article below is an excerpt from the first (the prototype) book entitled “How do you say it in English?, 2010 Edition, Enhanced” being published by National Book Store.)

 

 

Base form (old style/school style) English learning

Take note that in this book “basic way” is distinguished from “molding approach.” The former, as discussed, is a method of learning English relating to translation that is ordinary or typical. We observe it usually done by lay or amateur Filipino learners or users. Now finding the reference for our translating attempt, we realize that the dictionary can offer equivalents only in basic forms or base forms, such as the following:

 

ganda                     beauty (basic form/base form)

maganda               beautiful (basic form)

but none for nagagandahan (non-basic)

hirap                       difficulty (basic)

mahirap                 difficult (basic)

but none for magpakahirap (non-basic)

lunok                       swallow (basic)

lumunok                 swallowed (basic)

but none for nakalunok (non-basic)

 

It is only at the above base forms that, sa totoo lang, most of us are very good. It is where we regularly focus our familiarizing and memorizing efforts. We would teach our little brothers, sisters, nephews, nieces, children, and grandchildren many of these basics. As for ourselves, we are likewise used to learning and gathering word-meanings in this way. But do we ever teach them the non-basics? Do we ever study such? Again, sa totoo lang, never or hardly!

 

Unfortunately, the non-basic approach is not taught in school. This deficiency and those discussed in the previous chapters are the cause for our hesitation to articulate effectively in English.

Troublesome building blocks in translating

The following are the familiar troublesome building blocks in translating. They are Filipino syllables, mostly prefixes, modifying the base-words to cause the problem in translating:

 

ika/sa ika [ikahiya, ikainis, sa ikakagalit]

ina [inasawa, inalipin]

naka/nakapag [nakapanood, nakapag-almusal]

ikina [ikinaiba, ikinagalit]

-an [taasan, lakihan]

nakaka [nakakaputi, nakakalito]

magpaka [magpakahirap, magpakamartir]

naa/nai [naaarok, naiintindihan]

na … an [naubusan, naputukan]

pinapag [pinapag-alala]

pina [pinadala, pinakuha]

ipa [ipakuha, ipadala]

paa … in [aanurin]

ipag [ipag-alala, ipagkibit-balikat]

nagdu … na [nagdududa na, nagkakagusto na, sumasakit na]

makapagpa [makapagpasaya]

(anuhan) [pahingahan]

na, nasa, -an [nanganganib, nasa panganib, ginaganahan]

 

Again, the above modifying prefixes and suffixes are among the ones being called non-basics in this guide-book concerning translation. Actually, our way of studying English is very plain, being concentrated on the fundamentals. We do not complete the process that should be keyed to our local setting─we, not being used to English as a daily tongue.

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Why not teach English in these patterns?

It is typical when we hear a child or an adult being asked during a learning period—

 

How do you say mataba in English?

What is suntok in English?

What is lulon in English?

What is kagat in English?

 

And these are very easy, of course. Would they not prove best if we vary our approach? I think they would even be more improved if we would also have them this way:

 

How do you say magpakataba in English?

What is nagkasuntukan in English?

What is nakalulon in English?

How do you say ipakagat in English?

Molders in translation introduced by our books

I believe you would agree that it is in the study of the above-introduced typecasts of words in syllabic modifiers (B) that we fail to focus, be skillful, if not unfailingly knowledgeable. Anyway, we always have the opportunity to reorient our system.

 

Now to make translations with the above castings (B) and some more, here are their counterpart English molders where other similar translations revolve:

 

to [ika, sa ika]

(take) to [ika, sa ika]

(prove) to [ika, sa ika]

(be) to [ika, sa ika]

took for [ina]

take against [ika]

get to (1st form)* [naka]

have had [nakapag]

set [ika/ikina]

set [-an]

make/made [ika/ikina]

-ing [nakaka]

go [magpaka]

get into [magpaka]

get to (3rd form)* [naa]

preposition-ending sentences [na … an]

have/had [papag/pinapag]

have [pa, pina, ipa]

get to (4th form)* [paa, paa … in]

let [ipag]

let … make [ipag]

begin to [nagdu, nagka]

bring [makapagpa]

give [anuhan]

in [na, nasa, -an]

 

 

(More explanations for these are coming up in this blog/forum. But for your full-length learning, order your copy of “How do you say it in English?” first edition.)

Continuation and more articles are coming up.

 

One Best Learning Strategy: Steeping in the Virtual Environment of the Native Speakers of a Certain Language

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Steeping oneself in a virtual environment of the native English speakers thru this blogging forum (and the books associated with it) as an alternative. LEARNING A LANGUAGE IS BEST IF YOU ARE IN THE ENVIRONMENT OF THE NATIVE SPEAKERS OF THAT LANGUAGE.

“A, ‘yan lang pala ‘yan!” “Hmm, bakit mukhang high words!” You could exclaim thus when you find out that the much-needed translations are provided presently in much different pattern and way so far from what you thought. Sometimes you think certain words are “high words,” but actually they are not! It’s just that you were not used to them or you were not taught since you were a kid that they should be conveyed this book’s way. Now, do read a rich supply of typical native English renditions in this book series. You don’t need to go to the United States and the United Kingdom in order to steep yourself in the standard native English tongue.

 

 

 

 

We have no need for allocating a special page or title for this topic in this forum. This forum itself and the books — the entire contents herein and therein — will serve as our virtual environment.

 

 

This site is newly constructed. More articles are coming up.