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121
How To Tips / Management Tips
« on: February 29, 2020, 12:51:35 AM »
Reposted from FB
When raising a concern to management, provide at least two options on how it can be solved.

Management will choose which one is the better course of action. If none, then management will probably offer you their solution.

If the management can't provide a solution, then offer to collaborate in solving the problem.

Two take aways here:

1. Raising a concern for the sake of raising does not make the situation better. Accompany it with solutions. It shows initiative and comprehension.

2. Management is also upwards. Take the lead and don't be a push button. You will be acknowledged when you do take the lead, and if not, at the very least, you made your job easier.

#Management #Solutions #Options #Proactive #CareerAdvice #CareerTips

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122
Press Release Philippines / Duterte Accepts Apology from ABS-CBN
« on: February 28, 2020, 07:10:54 AM »
PRRD accepts ABS-CBN's apology; Bong Go urges fellow lawmakers to act on pending franchise bill

President Rodrigo Duterte on Wednesday, February 26, has accepted the apology of ABS-CBN for airing a smear political ad against him paid by opposition ex-senator Antonio Trillanes IV and for their inability to air all of Duterte's paid political ads during the 2016 electoral campaign period.

This came after Senator Christopher Lawrence “Bong” Go said that he will appeal the matter to the President.

“Nonetheless, kung ako po ang tatanungin, I will also appeal to the President, for the simple reason na ayaw ko na may mawalan ng trabaho,” Go said in his statement during the Senate hearing on the ABS-CBN franchise issue last Monday.

In a most recent interview, Go said that the President may have heard about the media network's apology during the public hearing on the network's franchise issue which led to his decision to accept the apology.

"I’m sure narinig or nabasa naman ni Pangulo. 'Di ko po alam what’s his reaction o kung ano man ang sariling desisyon. I cannot speak in behalf of the President," Go said.

"Malambot po ang puso, lalo sa mahihirap. Malambot ang puso niya. Maawain po yan," he added.

Go also said that despite his tough stance, the President is soft-hearted and compassionate.

"Alam ninyo, kung titingnan niyo po si Pangulong Duterte, very tough tingnan. Pero deep inside ay malambot ang puso ng ating mahal na Pangulo," Go explained.

Despite the acceptance of the apology, the President refused to say whether he will approve or veto the renewal of ABS-CBN’s franchise if it is passed by both houses of Congress.

“I accept the apology, of course... Tao lang rin ako so... Alam mo, I have kept a distance. It's now... they are deliberating in Congress, the Lower House and the Senate,” the President said.

“But, fundamentally, really, ang decision nasa House ngayon, not so much on the Senate because the Constitution says all of these things must originate from the Lower House,” Duterte added.

Meanwhile, in an ambush interview in the Senate earlier today, Go said that the Joint Resolution filed seeking to extend the legislative franchise of ABS-CBN to December 2022 is “unnecessary” and called on his fellow lawmakers to decide instead whether to approve or deny the renewal of the franchise.

“It will be superfluous. It will not supersede an existing law. Merong kasalukuyang batas, nandiyan ang franchise, pag-usapan na dapat ito sa Kongreso kung ire-renew o hindi,” Go said.

He also explained that a resolution does not have the force and effect of a law. Consequently, joint resolutions cannot amend an existing law. In the case of Ang Nars Partylist vs Executive Secretary, the Supreme Court ruled that an amendment to a law cannot be done through a mere joint resolution.

“Mas priority ko po ngayon na idinig na ang franchise bill. You approve sa Lower House o i-deny. If you approve, padala na ninyo dito sa Senado and we will vote dito,” he added.

Go stressed three points for his objection with the proposal to extend the existing franchise of ABS-CBN through a resolution.

“Unang-una, wala namang nagsasabi na mag-off air ang ABS-CBN pag nag-expire na ang kanilang franchise. The NTC (National Telecommunications Commission), DOJ (Department of Justice), House of Representatives and even the Senate President said that a provisional authority to air can be granted while the franchise bill is pending in Congress.“

Go further explained that “May precedent naman po tayo. May basis kung sakaling magpatuloy ang operasyon ng isang network while the renewal of the franchise is pending. Nangyari na po ito sa CBCP (Catholic Bishops' Conference of the Philippines)... Hindi naman naputol ang kanilang operasyon.”

Lastly, Go said that the House of Representatives is in the process of hearing the franchise bill at the Committee on Legislative Franchises. The House Committee is asking all parties to submit position papers and will review them in preparation for a public hearing.

The House of Representatives through the Committee on Legislative Franchises has also sent a letter to the NTC to express their sentiments that a provisional authority be granted to ABS-CBN while the renewal of its franchise is pending in Congress.

Go reiterated his call to lawmakers to urgently act on the measure and settle the issue regarding ABS-CBN’s franchise.

“Bilang isang Senador, nais ko sanang matapos na sa madaling panahon ang usapin sa prangkisa ng ABS CBN. Mas lalong umiinit ang isyu, mas nahahaluan ng pulitika habang tumatagal. Either the Lower House will grant or deny the franchise renewal. If it decides to grant it and the bill will be forwarded to the Senate, then I will study and vote according to my conscience and my conscience will always consider the interest of the Filipino people,” Go explained.

Furthermore, Go also said that the Joint Resolution earlier filed by Senate Minority Floor Leader Franklin Drilon appears politicized if its intent is to extend the franchise to December 2022.

“Bakit 2022? Dahil tapos na ang termino ni Pangulong Duterte? Sinasadya naman ‘yun saka medyo may halong pulitika,” he said in the interview in the Senate.

“Sinabi ko ito dahil bakit kailangan pa i-extend ang franchise hanggang December 2022 kung kailan alam naman natin na iba na ang Presidente sa panahong iyon. Hindi naman kailangan ng ganoong extension kung aaktuhan na ng Kongreso ang pagtatalakay ng renewal ng franchise ng ABS-CBN ngayon,” Go recently explained.

Aside from filing the Joint Resolution on February 17, Senator Drilon also filed on February 26 a concurrent resolution urging the NTC to grant ABS-CBN a provisional authority to continue its operations after the expiration of its franchise.

“Wala po akong pagtutol sa Concurrent Resolution na ito dahil karapatan naman ng Senado na mag-express ng kanilang sentimyento para hikayatin ang NTC na magbigay ng provisional authority habang pending pa sa Kongreso ang renewal ng franchise ng ABS-CBN. In fact, nagsulat na nga ang House of Representatives sa NTC para bigyan ng Provisional Authority ang ABS CBN,” Go said, explaining his stand when it comes to the two different resolutions filed by Drilon.

Go said that if it is absolutely necessary to extend the existing franchise of ABS-CBN to give more time for Congress to act on its renewal, such extension must follow the legislative process for enacting franchise bills as provided in the Constitution.

A bill has been filed in the Senate by Sen. Ramon Bong Revilla that seeks to amend a law to extend the franchise of ABS-CBN until December 31, 2020.

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123
English Dictionary / Meaning of Watered-down
« on: February 27, 2020, 09:46:06 AM »
watered-down
definition from
Oxford Dictionary of English - 

watered-down
▸ adjective diluted with water:
watered-down wine
watered-down blue paint.
emoji830 - Show Posts - MIKELIGALIG.com altered so as to be weaker in force, content, or value:
a watered-down version of the book
the watered-down proposal has not been welcomed.


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124
TAGUM CITY NEWS

Tagum City Mayor Allan L. Rellon mingpakita og pagsupporta ngadto sa programa ni Konsehal Nante Suaybaguio Robles nga Student Welfare Assistance Program (SWAP) ug mihatag sa iyahang insperasyonal nga mensahe ngadto sa mga bata ug sa ilang mga ginikanan, subay kini sa gipahitabong pag-award og insintibo ngadto sa kapin 150 ka mga benepesyaryo karong buntaga Pebrero 25 tuig 2020 sulod sa AVR, 4th Floor, City Hall, Tagum City.
#SWAPProgram
https://www.facebook.com/100010017848027/posts/1138085889868662/
CIO TAGUM

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125
Concededly, under prevailing jurisprudence, a deed of release of quitclaim does not bar an employee from demanding benefits to which he is legally entitled.[45] Employees who received their separation pay are not barred from contesting the legality of their dismissal, and the acceptance of such benefits would not amount to estoppel. The basic reason for this is that such quitclaims and/or complete releases are null and void for being contrary to public policy.
Source: SC Decision

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126
Philippine Laws / Requisites of Intimidation
« on: February 25, 2020, 07:41:28 AM »
(1) that the intimidation caused the consent to be given; (2) that the threatened act be unjust or unlawful; (3) that the threat be real or serious, there being evident disproportion between the evil and the resistance which all men can offer, leading to the choice of doing the act which is forced on the person to do as the lesser evil; and (4) that it produces a well-grounded fear from the fact that the person from whom it comes has the necessary means or ability to inflict the threatened injury to his person or property x
Source: SC Decision

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127
Philippine Laws / When Coercion Exists
« on: February 25, 2020, 07:40:08 AM »
Coercion exists when there is a reasonable or well-grounded fear of an imminent evil upon a person or his property or upon the person or property of his spouse, descendants or ascendants

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128
Philippine Laws / People vs Arrojado
« on: February 25, 2020, 07:31:30 AM »
On point is People v. Arrojado where it was held that the failure of a lawyer to indicate in his or her pleadings the number and date of issue of his or her MCLE Certificate of Compliance will no longer result in the dismissal of the case.
Source: SC Decision

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129
Philippine Laws / Xerox copy vs true copy vs certified true copy
« on: February 25, 2020, 07:30:01 AM »
The problem presented is not novel. In fact, it is a fairly recurrent one in petitions for certiorari of NLRC decisions as it seems to be the practice of the NLRC to issue certified "xerox copies" only instead of certified "true copies." We have, however, put an end to this issue in Quintano v. NLRC when we declared that there is no substantial distinction between a photocopy or a "Xerox copy" and a "true copy" for as long as the photocopy is certified by the proper officer of the court, tribunal, agency or office involved or his duly-authorized representative and that the same is a faithful reproduction of the original.
Source: Supreme Court Decision

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130
Philippine Laws / rapists are not deterred by the presence of people nearby
« on: February 25, 2020, 07:01:54 AM »
the CA aptly stressed that rapists are not deterred by the presence of people nearby, such as members of their own family, inside the same room, considering that lust respects no time, place or circumstance. Neither the smallness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held efficient to deter the commission of rape.
Source: Supreme Court Decision

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131
Philippine Laws / Proof of hymenal laceration is not an element of rape
« on: February 25, 2020, 07:00:02 AM »
As held in People v. Pangilinan[46] "[p]roof of hymenal laceration is not an element of rape. An intact hymen does not negate a finding that the victim was raped. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape, and even the briefest of contact is deemed rape."
SOURCE: SUPREME COURT DECISION

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132
Philippine Laws / Delay in Reporting Sexual Abuse
« on: February 25, 2020, 06:56:49 AM »
It has been held that delay in the reporting of sexual abuse does not imply that the charge was not true, as the victim may prefer to bear the ignominy of pain in silence rather than reveal her harrowing experience and expose her shame to the world. Such delay is not unusual, especially when the victim is a minor.
Source: Phil Supreme Court Decision

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133
Philippine Laws / Two Elements of Statutory Rape
« on: February 25, 2020, 06:47:37 AM »
Two elements must be established to hold the accused guilty of statutory rape, namely: (1) that the accused had carnal knowledge of a woman; and (2) that the woman is below twelve years of age or demented. Proof of force, intimidation and consent is unnecessary, since none of these is an element of statutory rape as the only subject of inquiry is the age of the woman and whether carnal knowledge took place.[35] Here, the prosecution has proved beyond reasonable doubt the said two elements, as well as the victim's relationship with the offender.
SOURCE: SUPREME COURT DECISION

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134
Intentional touching, either directly or through clothing, of the genitalia of any person, with intent to abuse or gratify sexual desire falls under the definition of "lascivious conduct"[29] under Section 2 (h) of the rules and regulations of R.A. No. 7610. As such, Aycardo's act of touching AAA's vagina after forcibly removing her shorts and panties, and trying to insert his finger into it, satisfies the first element of acts of lasciviousness under Article 336 of the RPC, in relation to Section 5(b) of R.A. No. 7610.
SOURCE: SUPREME COURT DECISION, An Excerpt

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135
Elements of sexual abuse under Section 5, Article III of R.A. No. 7610 must be established:
1. The accused commits the act of sexual intercourse or lascivious conduct.

2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse.

3. The child, whether male or female, is below 18 years of age.

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136
Continuation:
(1)
That the offender commits any act of lasciviousness or lewdness;
(2)
That it is done under any of the following circumstances:
a.
By using force or intimidation; or
b.
When the offended party is deprived of reason or otherwise unconscious; or
c.
When the offended party is under 12 years of age; and
(3)
That the offended party is another person of either sex.

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137
To be sure, Article III of R.A. No. 7610 is captioned as "Child Prostitution and Other Sexual Abuse" because Congress really intended to cover a situation where the minor may have been coerced or intimidated into lascivious conduct, not necessarily for money or profit, hence, the law covers not only child prostitution but also other forms of sexual abuse.[26]

However, before an accused can be convicted of child abuse through lascivious conduct committed against a minor below 12 years of age, the requisites for acts of lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5 of R.A. No. 7610.[27] Acts of Lasciviousness, as defined in Article 336 of the RPC, has the following elements:
- SC Decision

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138
Philippine Laws / Re: Quimvel vs. People of the Philippines
« on: February 25, 2020, 06:36:48 AM »
Moreover, it is inconsequential that the sexual abuse occurred only once. As stressed in Quimvel, the very definition of "child abuse" under Section 3(b) of R.A. No. 7610 does not require that the victim suffer a separate and distinct act of sexual abuse aside from the act complained of, for it refers to the maltreatment, whether habitual or not, of the child. Thus, a violation of Section 5(b) of the same law occurs even though the accused committed sexual abuse against the child victim only once, even without a prior sexual affront.[25]

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139
Philippine Laws / Quimvel vs. People of the Philippines
« on: February 25, 2020, 06:35:47 AM »
In Quimvel vs. People of the Philippines[23] (Quimvel), the Court held that it is immaterial whether or not the accused himself employed the coercion or influence to subdue the will of the child for the latter to submit to his sexual advances for him to be convicted under Section 5(b) of R.A. No. 7610. The first paragraph of Section 5 thereof even provides that the offense can be committed by "any adult, syndicate or group," without qualification. The clear language of the law does not preclude the prosecution of lascivious conduct performed by the same person who subdued the child through coercion or influence.[24]
Source: Supreme Court Decision

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140
Section 5 (b), Article III of R.A. No. 7610 punishes sexual intercourse or lascivious conduct not only with a child exploited in prostitution, but also with a child subjected to other sexual abuses.[21] It covers not only a situation where a child is abused for profit, but also where one — through coercion, intimidation or influence — engages in sexual intercourse or lascivious conduct with a child. Thus, a child is deemed subjected to other sexual abuse when he or she indulges in lascivious conduct under the coercion or influence of any adult.
Source: Excerpt from an SC Decision

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