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141
Philippine Laws / Section 5 (b), Article III of R.A. No. 7610
« on: February 25, 2020, 06:29:23 AM »
Section 5 (b), Article III of R.A. No. 7610, as follows:[20]
Section 5. Child Prostitution and Other Sexual Abuse. - Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.

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142
Philippine Laws / Still Liable for Crime of Acts of Lasciviousness
« on: February 25, 2020, 06:27:24 AM »
In People v. Bon,[17] the Court ruled that even if the statutory rape charge against the accused was not proved beyond reasonable doubt, he can still be held liable for the crime of acts of lasciviousness, as defined and penalized under Article 336 of the RPC, in relation to R.A. No. 7610, since all the elements of this offense were established. It cannot, therefore, be successfully argued that the accused's constitutionally-protected right to be informed of the nature and cause of the accusation against him was violated when he was found guilty under Section 5 of R.A. No. 7610.[18]
Source: SC Decision


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143
Philippine Laws / RA 7610 When the victim is under 12 years old
« on: February 25, 2020, 06:25:23 AM »
In Navarrete v. People,[15] the Court noted that, under Section 5(b), Article III of Republic Act (R.A.) No. 7610,[16] when the victim is under 12 years old, the accused shall be prosecuted under either Article 335 (for rape) or Article 336 (for acts of lasciviousness) of the RPC. Accordingly, although an accused is charged in the information with the crime of statutory rape (i.e., carnal knowledge of a woman under twelve years of age), the offender can be convicted of the lesser crime of acts of lasciviousness, which is included in rape.

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144
Philippine Laws / SECTION 5, Rule 120 on Rules on Criminal Procedure
« on: February 25, 2020, 06:23:45 AM »
SECTION 5, Rule 120 on Rules on Criminal Procedure
When an offense includes or is included in another. - An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former continue or form part of those constituting the latter.

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145
Philippine Laws / SECTION 4. Rule 120 on Rules on Criminal Procedure
« on: February 25, 2020, 06:22:10 AM »
SECTION 4. Rule 120 on Rules on Criminal Procedure
Judgment in case of variance between allegation and proof. - When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved.

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146
Facts and Trivia / Chicken Can Cause Cancer
« on: February 25, 2020, 06:07:14 AM »
From FB Post
Three doses of synthetic steroids, antibiotics & growth hormones are pumped into each chicken each day for 30 days, only to fatten them. Thereafter, the birds must be sold between the 30 to 40 day period failing which, the birds die on their own having been bombarded by the above poisonous concoction.
When these chicken are eaten, the consequences to consumers are not only alarming but disastrous.
Chicken Farm Owners, their families & Workers never ever consume these birds as they are fully aware of it.
In plain & simple words these birds are cancerous.
All Oncologists are  aware of the situation.
Did you know, one in every four human beings has cancer. To confirm check with yours .

Tata Memorial Hospital request everyone to watch the video without deleting.  This is not a normal forward.  It is something  very important. Request to spread it in your other groups.

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147
Philippine Laws / Bidders Who Submitted Lowest Bid
« on: February 25, 2020, 02:04:20 AM »
In one case, bidders in a government project sought to enjoin the award and implementation thereof, arguing that as the bidders who submitted the lowest numerical bid, they were entitled to the award. This Court disagreed, for the reason, among others, that mere submission of the lowest bid did not automatically entitle them to an award; their bid must still undergo post-qualification/evaluation. - SC Decision

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148
Philippine Laws / Public bidding as a method of government procurement
« on: February 25, 2020, 01:59:41 AM »
Public bidding as a method of government procurement is governed by the principles of transparency, competitiveness, simplicity and accountability. These principles permeate the provisions of R.A. No. 9184 from the procurement process to the implementation of awarded contracts. It is particularly relevant in this case to distinguish between the steps in the procurement process, such as the declaration of eligibility of prospective bidders, the preliminary examination of bids, the bid evaluation, and the post-qualification stage, which the Bids and Awards Committee (BAC) of all government procuring entities should follow. - SC Decision

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149
Philippine Laws / Before a Philippine government project is awarded
« on: February 25, 2020, 01:57:37 AM »
Thus, before a government project is awarded to the lowest calculated bidder, his bid must undergo a mandatory post-qualification procedure whereby the "procuring entity verifies, validates, and ascertains all statements made and documents submitted by the bidder with the lowest calculated or highest rated bid using a non[-]discretionary criteria as stated in the bidding documents." - SC Decision

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150
Philippine Laws / What is a disputable presumption
« on: February 25, 2020, 01:49:41 AM »
However, the presumption that official duty has been regularly performed is among the disputable presumptions. 'It is settled that a disputable presumption is a species of evidence that may be accepted and acted on where there is no other evidence to uphold the contention for which it stands, or one which may be overcome by other evidence. One such disputable/rebuttable presumption is that an official act or duty has been regularly performed...' Such, presumption of regularity of official acts may be rebutted by affirmative evidence of irregularity or failure to perform a duty. - Quoted from Jurisprudence

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151
Philippine Laws / Official acts of the government
« on: February 25, 2020, 01:47:17 AM »
The Court, the parties, and the public at large are bound to respect the fact that official acts of the Government, including those performed by governmental agencies such as the DPWH, are clothed with the presumption of regularity in the performance of official duty and cannot be summarily, prematurely and capriciously set aside.

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152
Philippine Laws / The doctrine of immunity from suit
« on: February 25, 2020, 01:45:12 AM »
The doctrine of immunity from suit will not apply and may not be invoked where the public official is being sued in his private and personal capacity as an ordinary citizen. The cloak of protection afforded the officers and agents of the government is removed the moment they are sued in their individual capacity. This situation usually arises where the public official acts without authority or in excess of the powers vested in him. It is a well-settled principle of law that a public official may be liable in his personal private capacity for whatever damage he may have caused by Ms act done with malice and in bad faith or beyond the scope of his authority or jurisdiction.

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153
Poems and Poets / The Call by Rupert Brooke
« on: February 25, 2020, 12:48:59 AM »
The Call
By Rupert Brooke

   Out of the nothingness of sleep,
    The slow dreams of Eternity,
   There was a thunder on the deep:
    I came, because you called to me.

   I broke the Night's primeval bars,
    I dared the old abysmal curse,
   And flashed through ranks of frightened stars
    Suddenly on the universe!

   The eternal silences were broken;
    Hell became Heaven as I passed. —
   What shall I give you as a token,
    A sign that we have met, at last?

   I'll break and forge the stars anew,
    Shatter the heavens with a song;
   Immortal in my love for you,
    Because I love you, very strong.

   Your mouth shall mock the old and wise,
    Your laugh shall fill the world with flame,
   I'll write upon the shrinking skies
    The scarlet splendour of your name,

   Till Heaven cracks, and Hell thereunder
    Dies in her ultimate mad fire,
   And darkness falls, with scornful thunder,
    On dreams of men and men's desire.

   Then only in the empty spaces,
    Death, walking very silently,
   Shall fear the glory of our faces
    Through all the dark infinity.

   So, clothed about with perfect love,
    The eternal end shall find us one,
   Alone above the Night, above
    The dust of the dead gods, alone.

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154
Philippine Archive / Jail officers banned from bars cockpits
« on: February 24, 2020, 04:54:49 PM »
Jail officers banned from bars cockpits

ZAMBOANGA CITY, Oct. 2, 2003 (PNA) -- In compliance with the pronouncements of the President and the directive from the Bureau of Jail Management and Penology national headquarters in Manila, all jail personnel, with or without firearms, are banned from entering nightclubs, gambling dens such as casino and cockpit, and public drinking places here and elswhere in Zamboanga Peninsula, except during conduct of rescue or recovery of intelligence operations only and covered with written orders. BJMP regional director Sr. Supt. Romeo Monterola said public officials and personnel are obliged under existing laws-- the constitution and their oath of office --to lead a simple life, follow the law and regard their office as a public trust.

155
Concerned government private sector workers rally behind reduction in use of plastic

TUGUEGARAO CITY, Oct. 2, 2003 (PNA) -- Some workers in the government and private sectors are up to rally behind efforts to cause a reduction in the use of plastics especially among those engaged in the food chain business, groceries and vendors in the public market. Assistant Regional Director Myrna Pablo of the Department of Trade and Industry, the co-lead agency in the celebration of the Consumer Welfare Month this October, together with the Department of Environment and Natural Resources, said plastics including styrofoam, plastic bags and plastic bottles consist the greatest volume of wastes generated daily.

156
Davao Oriental tuna fishers told to team up with Davao Fishport

DAVAO CITY, Oct. 2, 2003 (PNA) -- The port manager of Davao Fishport Complex has encouraged tuna fishers in Mati, Davao Oriental to coordinate with them and the regional office of the Bureau of Fisheries and Aquatic Resources (BFAR) for a better income for their high quality tuna catch. Carlos Hagosojos, fishport port manager, said he has initiated efforts to tap Mati tuna fishermen to partner with them in selling their tuna.

157
Philippine Archive / Military denies spying on Davao militant groups
« on: February 24, 2020, 04:50:46 PM »
Military denies spying on Davao militant groups

DAVAO CITY, Oct. 2, 2003 (PNA) --The chief of the 5th Civil Relations Group for Southeastern Mindanao, Lt. Col. Agane Adriatico has backtracked on his earlier claim that the military has been spying on members of militant groups. Adriatico said that he was only misinterpreted and misquoted during a press conference last week.

158
Philippine Archive / Big homecoming awaits Milpitas city mayor in Dagupan
« on: February 24, 2020, 04:50:07 PM »
Big homecoming awaits Milpitas city mayor in Dagupan

DAGUPAN CITY, Oct. 2, 2003 (PNA)--Mayor Jose Esteves of Milpitas City in California, USA, who is a true-blue DagupeÑo, will be a special guest of the city when Dagupan celebrates its month-long fiesta in December. This was revealed by Councilor Michael Fernandez, who was appointed by Mayor Benjamin Lim as "hermano mayor" for the coming fiesta.

159
Dagupan's proposed loan of more than P400 million slammed

DAGUPAN CITY, Oct. 2, 2003 (PNA)--The city government must study thoroughly if it has to borrow money to the tune of more than P400 million to fund various development projects here. This was suggested by Councilor Michael Fernandez, chairman of the city council's committee on ways and means, who said he personally believes the city should not borrow this big amount of money.

160
Philippine Archive / Crime rate in Puerto decreased by 50% says PNP
« on: February 24, 2020, 04:49:08 PM »
Crime rate in Puerto decreased by 50% says PNP

PUERTO PRINCESA CITY, Oct. 3, 2003 (PNA) - The volume of crime index in the city has decreased by more than 50 percent during the third quarter, Chief Insp. Rolando Amurao said based on their statistical data. Amurao, being the spokesperson of the city PNP said he based his comparison on the first quarter of this year wherein since January to March the crime index logged in almost 600 cases compared to a sudden decrease by 300 cases by July -September.

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