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#8401
On the same date (January 6, 2010), the Supreme Court release another decision on a case again related with raping a minor.

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 177295 :: January 6, 2010

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARLON BARSAGA ABELLA, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

Under automatic review is the Decision1 dated September 21, 2006 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02085 which affirmed with modification the Judgment2 promulgated on June 3, 2003 by Branch 25 of the Regional Trial Court (RTC) of Naga City convicting accused-appellant Marlon Barsaga Abella of the crime of rape, defined and penalized under Articles 266-A and 266-B of the Revised Penal Code, as amended, sentencing him to suffer the penalty of reclusion perpetua, ordering him to pay civil indemnity and damages, and further ordering him to acknowledge and support his offspring with the private offended party.

In a Minute Resolution3 dated June 27, 2007, we required the parties to file their respective supplemental briefs. The parties, however, manifested that they have exhausted their arguments before the CA and, thus, will no longer file any supplemental brief.4

The antecedent facts are culled from the records of this case. Consistent with our ruling in People v. Cabalquinto5 and People v. Guillermo,6 this Court withholds the real name of the private offended party and her immediate family members as well as such other personal circumstance or information tending to establish her identity. The initials AAA represent the private complainant and the initials BBB refer to the mother of the private complainant.

The accusatory portion of the information reads:

That sometime on December 1999, in the afternoon, at Barangay San Vicente, Municipality of Pamplona, Province of Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, while armed with "Balisong" and under the influence of liquor, by means of force and intimidation and with lewd design, did then and there willfully and feloniously enter the house of herein complainant and then and there have sexual intercourse with AAA, a woman of feeble mind, against her will to her damage and prejudice.

Acts contrary to law.

Accused-appellant Abella pleaded not guilty upon arraignment.7 The pre-trial conference followed and, thereafter, trial ensued.

The prosecution presented five (5) witnesses, namely, AAA,8 BBB,9 Dr. Emelito Alegre,10 Dr. Imelda Escuadra11 and Corazon Alipante,12 and documentary exhibits consisting of the Ultrasound Report13 of AAA dated September 14, 2000 issued by Dr. Alegre, the Medical Certificate14 of AAA dated July 14, 2000 and Clinical Record15 of AAA dated June 13, 2000 issued by Dr. Alcantara, the Psychiatric Evaluation16 of AAA dated September 25, 2001 of Dr. Escuadra, and the Certificate of Live Birth17 of the daughter of AAA issued by the Office of the Civil Registrar of the City of Naga.

The defense, on the other hand, presented the testimonies of the accused-appellant18 and his father, Danilo Abella,19 and documentary exhibits consisting of two (2) Barangay Blotters20 dated March 15 and September 16, 2000 issued by the Barangay Captain of San Vicente, Municipality of Pamplona, Province of Camarines Sur.

After trial, the RTC convicted the accused-appellant. The trial court found the 38-year old AAA as a credible witness and her testimony candid and truthful despite her "moderate mental retardation" or intellectual quotient of a 7 to 8-year old child. In contrast, the trial court found that the defenses of denial and alibi of the accused-appellant were flimsy and farfetched. It further ruled that the child conceived and delivered by AAA was fathered by the accused-appellant. The dispositive portion of the judgment reads:

WHEREFORE, in view of all the foregoing, judgment is hereby rendered finding accused MARLON ABELLA y BARSAGA guilty beyond reasonable doubt for the crime of Rape, and hereby sentences him to suffer the penalty of reclusion perpetua. Accused is likewise directed to recognize [xxx] as his illegitimate daughter, and provide for her support as soon as his financial means permit. Furthermore, he is hereby ordered to pay complainant the sum of P75,000.00 as indemnity, P50,000.00 as moral damages and P50,000.00 as exemplary damages. With costs de officio.

Considering that the accused has been undergoing detention during the pendency of the trial of this case, the same is hereby credited in the service of his sentence.

The decision of the RTC was directly elevated to this Court. The accused-appellant filed his Brief21 on August 23, 2005 while the plaintiff-appellee filed its Brief22 on December 19, 2005. In a Minute Resolution23 dated February 15, 2006, we transferred this case to the CA for appropriate action conformably with our ruling in People v. Mateo.24

The CA summarized the evidence of the parties as follows:

Dr. Emelito Alegre, a radiologist and sonologist, testified that he had conducted an ultrasound examination on AAA on 10 July 2000. Through the conduct of the necessary measurements and ultrasound examination, he confirmed AAAs pregnancy. At the time of the examination, AAA was already 30.7 weeks pregnant. The testimony of the Municipal health Officer, Dr. Marietta Alcantara, in turn, was dispensed with on account of the admission of the defense of the existence and genuineness of the medical certificate that she had executed in relation to the instant case.

Dr. Imelda Escuadra of the Women and Children Protection Unit of Bicol Medical Center, Naga City, and a specialist in the field of psychiatry testified that AAA was referred to her clinic for examination and evaluation by the Department of Social Work and Development (DSWD). During the first examination, she noticed that AAA was pregnant, was coughing, but responsive, coherent and relevant with no auditory nor visual hallucinations or delusions shown. AAA, as she had observed, was not psychotic at the time of the examination.

Dr. Escuadra added that AAA had recurrent thoughts of the rape incident and the threats to kill her if she would divulge the matter. It was also observed that AAA was not oriented as regards to persons and dates and that she showed poor grasp of general information. During the last examination on 24 July 2000, AAA looked depressed and claimed that her baby was moving.

Dr. Escuadra further testified that AAAs mental ability particularly on the arithmetic aspect was poor, as she could not even count from 1-100. She concluded that although AAAs chronological age was 38 years old, she manifested a mental age of between 7-8 years old. AAAs intelligence quotient was only 51, which is classified as moderate mental retardation. Aside from her mental disadvantage, AAA also suffers from dwarfism being only three (3) feet and eight (8) inches tall.

Corazon Alipante, a psychologist of the Bicol Medical Center who conducted the psychological testing on AAA, confirmed that the latters mental capacity is functioning within the moderate mental retardation level with an average intelligent quotient of 51 and that her perception of reality is impaired.

AAA testified that she knew the appellant personally since he was a child because they lived in the same neighborhood. She narrated that sometime at around 1:00 oclock in the afternoon while she was alone at home the appellant entered their house and started molesting her. Appellant pulled down her shorts with his left hand while covering her mouth with his right hand. Appellant then placed himself on top of her and inserted his penis into her vagina. At that time, she did not shout as the appellant was holding a knife. AAA recalled that when appellant inserted his penis into her vagina, she had felt pain. Afraid for her life, she did not tell her parents about the rape incident.

Continuing with her narration, AAA stated that several months after the incident, her stomach became big. Thinking that she was just ill, she drank some bitter solution upon her mothers instruction. As her stomach continued to grow, AAA was forced to tell her mother about the rape incident. Thereafter, AAA consulted a doctor who confirmed that she was pregnant. Consequently she gave birth to a baby girl.

BBB, AAAs mother, on the other hand, testified that the appellant is the cousin of her husband. She claimed that she noticed her daughter becoming pale and thinner. She also noticed that AAAs stomach was getting bigger and thus decided to bring her to a doctor, who in turn informed her that her daughter might be pregnant. An ultrasound examination confirmed that AAA was indeed pregnant. BBB then asked her daughter who was responsible for her pregnancy, AAA replied that it was the appellant.

BBB further claimed that prior to the confirmation of the pregnancy, the appellant had given her some mahogany seeds which he said AAA should take so that she will have her menstruation. But since the mahogany seeds made AAA weaker, BBB discontinued it and decided to consult a doctor instead. Upon learning that it was the appellant who had raped her daughter, BBB immediately reported the matter to the Municipal Hall of Pamplona. Thereafter, the appellant was arrested.

BBB also testified that appellants parents had tried to settle the case by offering the sum of Twenty Thousand Pesos (P20,000.00). They however declined said offer, as it was not even commensurate to the expenses they have already spent for their daughter and her child. AAA gave birth to a baby girl on 16 August [2000] but the appellant and his family had never given them any financial support.

Aside from the testimony of the [accused]-appellant, the defense also called Danilo Abella, appellants father, to the stand. Both testimonies were principally anchored on denial, and attributed that the filing of this case against the accused was ill motivated and was due to the bad blood and personal animosities between their family and that of the complainant. Appellant contends that a certain Mang Ben, a construction worker of the China Geo, was the one responsible in impregnating the complainant.

After its review of the evidence, the CA agreed with the findings of the RTC and affirmed the conviction of the accused-appellant. However, as prayed for by the plaintiff-appellee, the appellate court deleted the award of exemplary damages in favor of AAA for lack of basis, thus:

WHEREFORE, the foregoing considered, the assailed Decision is AFFIRMED with the MODIFICATION that the award for exemplary damages is DELETED. No costs.

The accused-appellant did not move for the reconsideration of the appellate courts judgment. He instead elevated for review his conviction before us.

Accused-appellant reiterates the issues and arguments he has raised before the courts below as follows:

I

The trial court gravely erred in failing to consider the motive behind the filing of the instant case against the accused-appellant.

II

The court a quo gravely erred in convicting the accused-appellant of the crime charged although his actual participation in the alleged act was not proven with certainty.

Accused-appellant asserts that he should be acquitted of the crime charged. AAA allegedly testified unsurely as to the identity of her assailant and that she testified incoherently as to the details surrounding the rape incident. Accused-appellant points out that AAA mentioned that she was raped by a certain Mang Ben. AAA then testified that the accused-appellant was holding a knife while her pants were being pulled by him with his left hand and her mouth being covered with his right hand. She also allegedly said that the accused-appellant opened his knife when he was about to molest her but he left after opening the knife.

Accused-appellant insists that AAA was coached to testify against him in furtherance of the hostility between their families. He claims that AAAs mental disability made her so subservient to her parents that she would believe everything that they tell her. He further argues that the alleged P20,000.00 offer of accused-appellants family to settle this criminal case happened before this case was actually filed which proves that the said offer was either concocted by AAAs family or they were extorting money.

The plaintiff-appellee maintains that the prosecution has proven the guilt of the accused-appellant of the crime charged. AAA allegedly testified clearly and convincingly that she was raped by accused-appellant. The plaintiff-appellee points out that AAA clarified on the witness stand that it was accused-appellant, and not Mang Ben, who raped her; that she did not say that the accused-appellant simultaneously pointed a knife at her, covered her mouth, and pulled down her pants she rather testified that, after her mouth was covered and pants pulled down, the accused-appellant forced her to lay down and then drew a knife; and that AAA said that the accused-appellant left after raping her. Assuming there were inconsistencies in AAAs testimony, the same pertain to insignificant details which rather support, not destroy, her credibility.

The plaintiff-appellee claims that the contention that the crime charged against the accused-appellant was prompted by revenge or ill-motive on the part of AAAs family was baseless and that the mental disability of AAA did not affect her credibility and veracity of her testimony. The psychiatric evaluation of AAA allegedly proves that she was generally "coherent and relevant" and that her extensive examination on the witness stand shows that she could distinguish good from bad and truth from lies.
#8402
This case was decided by the Supreme Court in January 2010 (just this year)

Republic of the Philippines
SUPREME COURT
Manila

FIRST DIVISION

G.R. No. 177152 :: January 6, 2010

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MANUEL BAGOS, Accused-Appellant.

D E C I S I O N

LEONARDO-DE CASTRO, J.:

On appeal is the Decision1 dated December 19, 2006 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01669 which affirmed with modification an earlier decision2 of the Regional Trial Court (RTC) of Burgos, Pangasinan, Branch 70 in Criminal Case No. B-130, finding accused-appellant guilty beyond reasonable doubt of the crime of rape and imposing upon him the penalty of reclusion perpetua.

Consistent with our decision in People v. Cabalquinto,3 the real name of the rape victim in this case is withheld and, instead, fictitious initials are used to represent her. Also, the personal circumstances of the victim or any other information tending to establish or compromise her identity, as well as those of her immediate family or household members, are not disclosed in this decision.

In the RTC, accused-appellant was charged with the crime of rape in an Information4 dated July 27, 1998. The crime was alleged to have been committed as follows:

That on or about the month of May, 1998, along the river bank of Baling-caguing River, at sition Camanggaan, barangay Caranglaan, municipality of Mabini, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously grab, pull and force [AAA], 10 years old, a minor to sit on his lap, thereafter removed her panty and his pants, inserted his penis to her vagina and have carnal knowledge to the said victim, to her damage and prejudice. (Words in bracket ours)

x x x           x x x          x x x

When arraigned on November 25, 1998, accused-appellant pleaded not guilty to the crime charged. In the course of the trial, the prosecution presented the testimonies of AAA, the victim; BBB, the victims mother; Dr. Maribel Lazo, Municipal Health Officer of Mabini, Pangasinan; and PO2 Alonzo Bagua, member of the Philippine National Police in Mabini, Pangasinan.

The prosecutions version of the incident is succinctly summarized by the Office of the Solicitor General in its Appellees Brief,5 to wit:

Sometime in the month of May 1998, [AAA], her older brother [CCC], younger sister [DDD] and friend Michael (surname not on record) went to Baling-Caguing River, sitio Camanggaan, barangay Caranglaan, Mabini, Pangasinan from their house to take a bath.

While they were bathing, [CCC] and Michael decided to fish at a different location in the river about fifty (50) meters from where the sisters were bathing. Thereafter, [DDD] left [AAA] to join the two (2).

Later, [AAA] prepared to leave and follow her companions. However, appellant Manuel Bagos who was bathing nearby suddenly pulled her left leg causing her to slip towards him. He then lowered the panty of [AAA] up to the level of her knees and, thereafter, removed his pants.

Appellant sat down and seated [AAA] on his lap while they were in the water which was neck-deep in that position. [AAA] boxed the thighs of the appellant saying: "no uncle." Despite [AAAs] protestations, appellant placed his left hand over her stomach and used his right hand to insert his penis inside her vagina which caused her pain. After satisfying his lust, appellant threatened to shoot [AAA] if she reported the incident to anybody.

[AAA] was frightened by the threat of appellant because she had seen his gun when they played in his house one time prior to the incident. [AAA] then went to the river bank and waited for her companions after getting dressed.

[BBB], [AAAs] mother, testified that [AAA] was ten (10) years old when the incident happened since she was born on July 18, 1987 as shown by her birth certificate which was identified and marked as Exhibit B. On June 17, 1998, she was troubled by the unusual questions of her daughter such as: "Mama, is my stomach getting bigger?"; and "Mama, is my neck beating faster?" She then confronted [AAA] and asked her if somebody molested her. [AAA] answered in the affirmative and identified appellant as the culprit.

[AAA] underwent physical examination on June 18, 1998 which was conducted by Dr. Maribel Lazo who prepared the medico-legal report with the following findings:

Healed laceration of the hymen with non-coaptable borders and retraction of the edges indicating that the laceration took place long before the day of the physical examination.

Dr. Lazo explained that the report meant that the hymen had been ruptured and that the laceration took place longer than two weeks before the day of the physical examination or that [AAA] was no longer a virgin at the time of the physical examination.6 (Words in bracket ours)

On the other hand, the defense relied on the lone testimony of accused-appellant himself. The CA summarized the defenses version as follows:

For the defense, accused-appellant was the sole witness. He denied swimming or bathing in the river near his house in May 1998, and claimed that he only went near the river to gather coconuts. While gathering coconuts, he noticed that a number of children were bathing in the river, including [AAA], as well as her brother and sister. Accused-appellant has known [AAAs] parents for approximately ten years because they were neighbors. [AAAs] grandmother and accused-appellants father are also first cousins. He insisted that he stayed at the river bank while gathering coconuts, but never went near [AAA]. He denied that he raped [AAA], much less squatted on the river while raping [AAA], explaining that he is inflicted with a physical defect that renders him incapable of squatting down. He recounted that when he went to their barangay hall, the barangay captain asked him if he could afford to settle the case. Accused-appellant answered that he would not settle because he was innocent of the crime charged against him.

He speculated that [AAAs] family accused him of raping [AAA] due to a family misunderstanding. According to him, [AAAs] family cut a tamarind tree in a parcel of land owned by his deceased grandfather, made lumber out of the said tamarind tree, and used it to build a house. Upon instruction from his father, accused-appellant then told the family of [AAA] to stop cutting the tree. The rape charge could also have been spawned by a boundary dispute between [BBBs] father and accused-appellant himself. The father of [BBB] allegedly did not observe the correct boundaries in fixing his fence; thus, accused-appellant advised him to build his fence farther so as not to intrude on accused-appellants own land.7 (Words in bracket ours)

In a decision8 dated December 15, 1999, the RTC rendered its decision convicting accused-appellant of the crime of rape, the dispositive portion of which stated:

WHEREFORE, premises considered, this Court finds accused Manuel Bagos guilty beyond reasonable doubt of the crime of Rape as charged and hereby sentences him to suffer Reclusion Perpetua. As regards the accused pecuniary liabilities, he is ordered to indemnify the complainant [AAA] the amount of P50,000.00 as civil indemnity in addition to another P50,000.00 as moral damages. (Words in bracket ours)

SO ORDERED.9

Accused-appellant filed a Notice of Appeal dated January 26, 2000 with this Court.10

On September 20, 2004, conformably with our pronouncement in People v. Mateo11 which modified the provisions of the Rules of Court insofar as they provide for direct appeals from the RTC to this Court in cases where the penalty imposed by the trial court is death, reclusion perpetua or life imprisonment, the Court resolved to refer the case to the CA for appropriate action and disposition.12

In the assailed Decision dated December 19, 2006, in CA-G.R. CR-HC No. 01669, the CA upheld the conviction of accused-appellant and affirmed with modification the decision of the RTC. The CA added an award of exemplary damages in the amount of P25,000.00 in line with prevailing jurisprudence.

From the CA, the case was then elevated to this Court upon filing by accused-appellant of a notice of appeal on January 8, 2007.13 In its Resolution14 of June 27, 2007, the Court required the parties to submit their respective supplemental briefs, if they so desire. Both parties, however, manifested that they were dispensing with the filing of a supplemental brief as their arguments have already been substantially discussed in their respective briefs filed before the CA.15

In support of his appeal, accused-appellant assigns the following errors:

    I

    THE COURT A QUO ERRED IN GIVING DUE WEIGHT AND CREDENCE TO THE UNRELIABLE AND UNCORROBORATED TESTIMONY OF THE COMPLAINING WITNESS, THEREBY CASTING GRAVE DOUBTS AS TO THE CRIMINAL CULPABILITY OF THE ACCUSED-APPELLANT.

    II

    THE COURT A QUO ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.16

Accused-appellant contends that the testimony of AAA is incredible, unconvincing and inconsistent with human nature. He particularly points out the part of her testimony where accused-appellant allegedly pulled her panty down to her knees, removed his pants while standing, made her sit on his lap while in the water and inserted his penis into her vagina. Accused-appellant claims that this is incredulous, considering that he had a slight physical defect on his leg and could not have inserted his penis into AAAs vagina with ease and without ripping her panty if the same had been pulled down only to AAAs knees. According to accused-appellant, that AAA did not shout for help during the incident was likewise contrary to common experience. AAA could have done so since she knew fully well that her companions were fishing nearby and could have heard her.

Accused-appellants contentions essentially assail the credibility of AAAs testimony. We must reiterate that, ultimately, when the issue is one of credibility of witnesses, appellate courts will generally not disturb the finding of the trial court unless it has plainly overlooked certain facts of substance and value that, if considered, might affect the result of the case. This is so because the trial court is in a better position to decide the question, having heard the witnesses and observed their deportment and manner of testifying during the trial.17 Accused-appellant miserably failed to convince us that his case presents an exception to this established rule. The observation of the RTC on this point is worth quoting here:

It can be deduced from the foregoing testimony of [AAA] that she was credible, straightforward, categorical and logical and that she was not motivated by ill will and malice in testifying against Manuel Bagos, notwithstanding the vigorous and extensive cross-examination by the defense. She wants justice in this case.18 (Words in bracket ours.)

It should not be forgotten that the victim in the present case was only ten (10) years old when the rape happened. Despite her very young age, her narration of her ordeal on the witness stand was straightforward, spontaneous and candid. Under rigid cross-examination, she was steadfast in the telling of her tragic tale of defilement and openly narrated in court her nightmarish experience at the hands of accused-appellant. We reproduce the relevant portions of AAAs testimony here:

(cross-examination removed by tubagbohol for privacy protection)

From the foregoing narration, sexual intercourse was clearly proven. Moreover, the prosecution has adequately established that the complainant was only 10 years old at the time of the rape incident, as evidenced by her Certificate of Live Birth.20 Undeniably, the instant case is one of statutory rape, the gravamen of which is the carnal knowledge of a woman below 12 years old. Sexual congress with a girl under 12 years is always rape. Thus, force, intimidation or physical evidence of injury is immaterial.21

The victims testimony that accused-appellant inserted his organ into her vagina is further corroborated by the medical findings of Dr. Maribel Lazo, the health officer who examined her. The fact that Dr. Lazo found healed hymenal lacerations about three or four weeks old, when she examined the victim on June 17, 1998, confirmed the victims claim that she was raped sometime in May 1998. Dr. Lazo explained that these lacerations could have been caused by a male sexual organ or any blunt instrument. She further testified that the victim was no longer a virgin at the time of her examination. When a rape victim's account is straightforward and candid, and is corroborated by the medical findings of the examining physician, the same is sufficient to support a conviction for rape. Where a rape victim's testimony is corroborated by the physical findings of penetration, there is sufficient basis for concluding that sexual intercourse did take place.22

Accused-appellants belabored attempt to characterize the complainants testimony as being contrary to human experience for failing to shout for help must also fail. The victims failure to shout for help does not vitiate the credibility of her account. She was only 10 years old at the time of the rape, thus, inexperienced in the ways of the world. This Court has noted in several cases that minors could be easily intimidated and cowed into silence even by the mildest threat against their lives.23 Although an older person may have shouted for help under the same circumstances, the young victim in the instant case might have been overcome by fear and was not able to shout for help. Indeed, AAA declared in open court that she was afraid when asked why she failed to shout when accused-appellant pulled down her underwear.24 Be that as it may, the absence of struggle or an outcry from the victim is immaterial to the rape of a child below 12 years of age. The law presumes that such a victim, on account of her tender age, does not and cannot have a will of her own.25

The theory of accused-appellant that that it was not possible for him to rape the complainant in a sitting position because of his physical defect was properly rejected by the RTC in this wise:

His allegation that he cannot rape [AAA] in that sitting position because of his physical defect was disproved when the Court required him to sit by placing his buttocks on the floor. With more reason then that he can sit under water which is easier to perform. This Court found to be credible and reliable the testimony of [AAA] on how she was raped by Manuel Bagos in the river.26 (Words in bracket ours)

Accused-appellant resorted to imputing ill-motives on the part of complainants family and tried desperately to impress upon the Court that the case was instituted against him because of family grudge and in order to force him to shell out money to settle the instant case. We are unconvinced. Pertinently, we held in People v. Monteron27 that:

...Not a few accused in rape cases have attributed the charges brought against them to family feud, resentment, or revenge. But such alleged motives have never swayed this Court from lending full credence to the testimony of the complainant where she remains steadfast in her direct and cross examination. Besides, no parent would expose his or her own daughter to the shame and scandal of having undergone such debasing defilement of her chastity if the charges were not true. It is unnatural for a parent to use his own offspring as an engine of malice, especially if it will subject a daughter to embarrassment and even stigma.

It must be remembered that among the witnesses for the prosecution was AAAs mother. A mother would not sacrifice the honor of her daughter to give vent to a grudge that would tarnish the latters reputation forever. It is a natural fact that mothers are protective of their children and they are willing to give up their lives to spare them from any threat or from any embarrassment, ridicule and any taint on their reputation.28 Moreover, courts usually give greater weight to the testimony of a girl who is a victim of sexual assault, especially a minor, as in this case, because no woman would be willing to undergo a public trial and put up with the shame, humiliation and dishonor of exposing her own degradation were it not to condemn an injustice and have the offender apprehended and punished.29

Anent accused-appellants objection to the purported lack of corroboration of AAAs testimony, we find the same unmeritorious. The testimonies of complainants companions at the river were dispensable and the absence thereof does not weaken the stand of the prosecution. The crime of rape is essentially one committed in secrecy, hence it is usually only the victim who can testify with regard to the fact of forced coitus. As a result, conviction may be based solely on the plausible testimony of the private complainant.30

In the present case, the conviction of accused-appellant was premised on the testimonies of complainant, her mother, and the physician who conducted a medical examination on her, as well as the medico-legal report31 presented by the prosecution which the trial court found sufficient. The judgment of conviction cannot, therefore, be regarded as unfounded or baseless.

We, thus, sustain the conviction of accused-appellant for the crime of statutory rape under Article 266-A, paragraph 1(d)32 of the Revised Penal Code (RPC).33 The penalty of reclusion perpetua was likewise correctly imposed in accordance with Article 266-B of the RPC.34 The penalty for statutory rape is reclusion perpetua, which being a single indivisible penalty, is imposable regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.35

In line with prevailing jurisprudence, the victim, in a case for simple statutory rape, is entitled to P50,000.00 as civil indemnity, P50,000.00 as moral damages36 and P25,000.00 as exemplary damages.37 In addition to the damages awarded, we also impose on all the amounts of damages an interest at the legal rate of 6% from this date until fully paid.38

WHEREFORE, the Decision dated December 19, 2006 of the CA in CA-G.R. CR-HC No. 01669 is hereby AFFIRMED. Accused-appellant Manuel Bagos is found GUILTY beyond reasonable doubt of the crime of Rape and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay complainant civil indemnity in the amount of P50,000.00, moral damages in the amount of P50,000.00, and exemplary damages in the amount of P25,000.00, plus interest on all damages awarded at the legal rate of 6% from this date until fully paid.

SO ORDERED.

TERESITA J. LEONARDO-DE CASTRO
Associate Justice

WE CONCUR:

REYNATO S. PUNO
Chief Justice
Chairperson
CONCHITA CARPIO MORALES
Associate Justice    LUCAS P. BERSAMIN
Associate Justice

MARTIN S. VILLARAMA, JR.
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, it is hereby certified that the conclusions in the above Decision were reached in consultation before the case was assigned to the writer of the opinion of the Courts Division.

REYNATO S. PUNO
Chief Justice
#8403
General Topic / We Are All Starved For Time
July 15, 2010, 11:41:57 AM
by Laura Vanderkam

“It is an unquestioned truth of modern life: we are all starved for time. With the rise of 2-income families, extreme jobs, and the ability to log on to the world around the clock, we can barely find time to breathe.

At least that’s the way the story goes. Yet there are some people who don’t seem to feel this way. Not only do they have full personal and professional lives, they often claim they could fit more in if they wished!

How do these people do so much with their time? How do they do so much and not even feel stressed about it?”
#8404
by Dave Ulrich & Wendy Ulrich

“In the last few years, leaders have been encouraged to be bold, confident, authentic and grounded so that they can make decisions that help get things done. In the economic recession, these leaders responded quickly and decisively. We admire leaders who lead. But, we suggest that coming out of the recession, leaders need to shift their approach to lead by becoming meaning makers.”
#8405
Workplace & Productivity / Predictable Success
July 15, 2010, 11:38:02 AM
by Les McKeown

“As a serial entrepreneur who has personally launched over 40 businesses, and as a consultant and coach to hundreds of business leaders, I’ve come to realize that the ‘growth code’ is out there, in plain view for anyone who knows where to look. There is indeed a code, a pattern, a DNA if you will, to achieving predictable success. The difficulty is that because most business leaders work in a limited number of business environments during their career, they don’t have the opportunity to see the pattern recur often enough to successfully decode it.”
#8406
Workplace & Productivity / Loving the Workplace
July 15, 2010, 11:36:58 AM
by Mark Sanborn

“Some years ago I wrote a book about an extraordinary individual who loves his work. My editor at the time deleted the word love every place I used it. Instead, he suggested using the phrase ‘generosity of spirit.’

‘Why not love?’ I inquired.

‘Because the word love freaks out businesspeople,’ he responded.”
#8407
by Matt Ridley

“I am going to argue that the ecological footprint of human activity is probably shrinking at an accelerating rate and that we are getting more sustainable, not less, in the way we use the planet. In a nutshell, the most sustainable thing we can do, and the best for the planet, is to accelerate technological change and economic growth.”
#8408
Business and Economy / American GNP
July 15, 2010, 11:34:43 AM
by Juliet Schor

“Business-as-usual economics relies on stimulating GNP to solve virtually all problems. But GNP is increasingly de-linked from the well-being of most Americans. Since the mid 1970s, it has diverged from most social well-being indicators. So even if GNP does continue to grow, and the recession is officially declared over, the implications for most households are different from in the past.”
#8409
Help & Support / Re: Web page load time
July 15, 2010, 11:32:06 AM
hi islander, can you please PM me your location/place of residence.

as far as i am concerned, i can open tubagbohol 24 hours a day, 7 days a week. zero interruption.
#8410
Help & Support / Re: Asa man ta mama-init?
July 15, 2010, 11:29:16 AM
Hi Manay, ironically, most members of TubagBohol, particularly the active ones, are residing outside Bohol. In fact all admins live outside the province/country. Ako wala pud nagpuyo sa Bohol. :)

I suggest that you post your Philippine mobile number as soon as you arrive in our place. There are many internet cafes in Tagbilaran.

I hope you'd be able to meet Ate Lee, Jun Ayag, Hazel (Cebu), Paul (Sigbin), Koddi Prudente, Priscilla Richards, etc.

Enjoy your trip, Manay!
#8411

hydrogen-powered spy plane
#8412
Bible Study / Deal or No Deal: A Reflection
July 14, 2010, 09:57:15 PM
By Joe Stowell, Our Daily Bread

If you’re like me, you love a good deal. Not just bargain shopping, but when you manage to cut a great deal for yourself without giving anything up in return. So if you can identify with these kinds of deals, you’ll understand the prodigal son’s scheme when he decided to return home.

There were three kinds of servants in those days: day workers who were paid on a day-to-day basis; hired servants who worked long hours on the estate but lived in town with their independence intact; or bond servants who lived on the estate and gave all of themselves to serving the family.

When the prodigal son hit rock bottom, it’s interesting that his planned apology involved asking if he could be like a hired servant. Why not a grateful bond servant? Some commentators suggest that perhaps he was trying to negotiate a dealâ€"a way to get a paycheck and keep his independence as well.

Often we approach God like, “I’ll serve You but You can’t take away my freedom.” It may seem like a good deal at the time, but God’s deal is so much better. Just like the boy’s father, His arms are ready and willing to receive repentant sinners as part of His family. There could be no better deal and no better way to serve Him!

Lord, take my life and make it wholly Thine;
Fill my poor heart with Thy great love divine.
Take all my will, my passion, self, and pride;
I now surrender, Lordâ€"in me abide. â€"Orr

True freedom is found in surrender to Christ.
#8413
Showbiz & Celebrity / Penelope Cruz Got Married
July 14, 2010, 09:20:48 PM
Hollywood actors Penelope Cruz and Javier Bardem have tied the knot at a friend's house in the Bahamas, Cruz's spokeswoman has confirmed.

Amanda Silverman told news agency The Associated Press, that Cruz, 36, wore a John Galliano dress at the ceremony, which only family members attended.

The couple, both from Spain, appeared together in Woody Allen's film Vicky Cristina Barcelona in 2008.

Cruz won a supporting actress Oscar for her role in the romantic comedy.

Bardem, 41, was named best supporting actor at the 2007 Academy Awards for his role in the crime thriller No Country for Old Men. - BBC
#8414
sa akong experience sa baryo kaniadto, ang mga bana adto magtingkawo sa buwangan, adto pud ug naay tukis, dula ug chikisa ug pyat-pyat, ang mga asawa intawon muna-muna nang tuwad-tuwad ug trabaho para naay ipakaon sa pamilya.

dili tanang pinoy bana ingon niini, pero daghan ni sa atong mga kabaryohan. dugangan pa nga kusog moinom ug kusog mosigarilyo bisag dili mga pensyonado.
#8415
Hi Ate Annie, Happy, happy birthday! May the Lord Jesus continue to pour our His blessings upon you and your family.

#8416
by Marvin Williams, Our Daily Bread

Francis Chan, in his book Crazy Love, tells of a family with an interesting Christmas tradition. On Christmas morning, the Robynson family doesn’t focus on opening presents under the Christmas tree. Instead, they make pancakes and coffee, and serve the breakfast to the homeless. This is a small but creative way to show God’s love and generosity to the poor.

God expected this kind of generosity from His people. In Deuteronomy 15, Moses emphasized the reality of poverty and how the more affluent must deal with it. They were warned of four dangers:

A hard heart, ignoring the needs of the poor (v.7).

A closed hand, withholding what the poor lacked (v.7).

An evil thought, hesitating or refusing to loan money to the poor because the year of canceling debts was nearing (v.9).

A grudging spirit, a reluctance to satisfy the needs of the poor among them (v.10). Not only were they warned about selfishness, but more important, they were encouraged to be spontaneously generous (vv.8,10,11).

Among God’s people, there must always be a spirit of generosity toward the poor. Let’s open our hearts and our hands.

One grace each child of God can show
Is giving from a willing heart;
Yet, if we wait till riches grow,
It well may be we’ll never start. â€"D. De Haan

Generosity stems from the heart that has experienced God’s grace.
#8417
Does praying in front of others terrify you?

Jesus promised that "where two or three are gathered together in My name, there am I with them" (Matthew 18:20). Praying together is an opportunity to enter into the presence of God in a unique and powerful way. But for many, praying together has become a lost art.

In the book The Lost Art of Praying Together: Rekindling Passion for Prayer, author James Banks reminds us that God responds when His people unite their voices in prayer. Rediscover the power and rewards of joining together in prayer. Make united prayer a priorityâ€"in your church, your family, and wherever God's people are gathered together.  - source: RBC Ministries > https://secure.rbc.org/offers/imo_odbr/
#8418
by Cindy Hess Kasper, Our Daily Bread

Just after we moved to a house in a new neighborhood, we invited my sister-in-law and her husband over for Sunday dinner. As we were greeting Sue and Ted at the door, an odd noise directed their eyes toward the kitchen. As I followed their gaze, I froze in horror. An errant hose of our old portable dishwasher was whipping about like the trunk of an angry elephant, spewing water everywhere!

Sue went into action mode. Dropping her purse, she was in the kitchen before me, shutting off the water and calling for towels and a mop. We spent the first 15 minutes of their visit on our knees mopping the floor.

Sue is a doerâ€"and the world is a better place because of the doers of the world. These are the people who are always ready to pitch in, to be involved, and even to lead if necessary.

Many of the doers of the world are also doers of the Word. These are the followers of Jesus who have taken the challenge of James to heart: “Be doers of the Word, and not hearers only” (1:22).

Are you doing all that you know God wants you to do? As you read God’s Word, put what you’ve learned into practice. First hearâ€"then do. God’s blessing comes as a result of our obedience (v.25).

We need to hear the Word of God
To know what we should do,
But listening is not enough
Without our follow-through. â€"Sper

The value of the Bible does not consist merely in knowing it, but in obeying it.
#8419
by Joe Stowell, Our Daily Bread

There was a time when a certain West Coast city may have been one of the most hostile places to the gospel in America. Posters in coffee shops advertised witchcraft meetings where you could learn to cast a spell on your enemies.

It was such a challenging environment for churches that they struggled to get building permits from the city council. And there was a lot of “woe is me” talk among church leaders. Until a group of pastors began to meet to pray regularly and then decided to take the love of Jesus into their city. They started a ministry to the homeless, to those suffering with AIDS, to teens at risk. Faithfully and intentionally they brought the love of Jesus to the needs of hurting people. Before long, the city agencies started calling on them for help. Better yet, the churches started growing as people responded to the gospel in action.

Which proves the point: Sometimes you’ve got to “show up” before you speak up. No one really wants to hear what we have to say about the love of Jesus until they’ve seen it in our lives (Matt. 5:16). Then even the most ardent opponents to the gospel may just be glad you’re in their town, their office, or their neighborhood. And then you just might be able to tell them about Jesus.

Let us go forth, as called of God,
Redeemed by Jesus’ precious blood;
His love to show, His life to live,
His message speak, His mercy give. â€"Whittle

When you share the gospel, make sure you live the gospel.
#8420
By C.P. Hia

News that a solar eclipse would take place on July 22, 2009, brought an alarming prediction. It was predicted that the eclipse would sufficiently affect gravitational pull, causing tectonic plates to “pop a seam,” resulting in a sizable earthquake and a subsequent devastating tsunami in Japan. The US Geological Survey responded that no scientists “have ever predicted a major earthquake. They do not know how, and they do not expect to know how, anytime in the foreseeable future.”

There have also been many false predictions about the date of Christ’s second comingâ€"despite our Lord’s emphatic words: “But of that day and hour no one knows, not even the angels of heaven, but My Father only” (Matt. 24:36). Christ told His followers that instead of trying to predict the date of His return, they should “watch” (v.42) and “be ready” (v.44).

Peter warned, “The day of the Lord will come like a thief.” Then he added: “What kind of people ought you to be? You ought to live holy and godly lives” (2 Peter 3:10-11 NIV).

Striving to live for Godâ€"that’s what Jesus wants us to focus our energy on while we wait for that “blessed hope and glorious appearing of our great God and Savior Jesus Christ” (Titus 2:13).

When someone says, “I can discern
Exactly when Christ will return,”
Don’t be deceived or led astrayâ€"
The Lord said we can’t know the day. â€"Sper

Look for Christ’s return, and you’ll live for Christ’s glory.
#8421
by Julie Ackerman Link, Our Daily Bread

Sometimes I wonder why God didn’t list the Ten Commandments in reverse order, since the 10th commandment correlates to the first sinâ€"desire. Eve’s sin wasn’t simply her desire for a piece of fruit; it was the desire for knowledge that Satan told her would make her like God (Gen. 3:5). Eve’s covetousness caused her to violate both the first and tenth commands that God later gave to Moses.

When we don’t covet, we pretty much eliminate our reasons to disobey the other commands. Wanting what isn’t ours causes us to lie, steal, commit adultery, murder, and refuse to honor our parents. We refuse to rest because we can’t get what we want in 6 days of work. We misuse God’s name when we use it to justify something that we want to do. We make gods out of wealth and relationships because we don’t want to have to put all our trust in God.

I have a hard time coming up with sins that don’t involve some form of covetousness. Yet because it’s the last in the list, we tend to think of it as being the least important. But it’s not. When we stop sin while it is still in our hearts and heads, we avoid making others the victim of our sin, and we avoid many of the serious consequences of sin.

When you covet someone else’s things,
Thinking that they’re better than your own,
Just remember that God’s gifts to you
Were designed for you and you alone. â€"Hess

Contentment is realizing that God has already given me all I need.
#8422
By Dave Branon, Our Daily Bread

Abel doesn’t seem to fit in the first half of Hebrews 11. He’s the first “ancient” listed, but his story isn’t like the others mentioned there. Enoch went to heaven without dying. Noah saved mankind. Abraham started a people group. Isaac was a noted patriarch. Joseph rose to the top in Egypt. Moses led the greatest exodus ever.

Clearly, their faith was rewarded. By faith, they did what God asked, and He poured out blessings on them. They saw God’s promises fulfilled before their eyes.

But Abel? The second son of Adam and Eve had faith, and what did he get for it? Murdered. That sounds more like the folks in verses 35-38, who found that trusting God doesn’t always lead to immediate blessing. They faced “mockings,” “imprisonment,” and being “sawn in two.” “Thanks, but no thanks,” we might say. We would all prefer to be heroic Abraham instead of someone “destitute, afflicted, tormented” (v.37). Yet in God’s plan, there are no guarantees of ease and fame even for the devout.

While we might experience some blessings in this life, we may also have to wait until “something better” (v.40) comes alongâ€"the completion of God’s promises in Glory. Until then, let’s keep living “by faith.”

Press on in your service for Jesus,
Spurred on by your love for the Lord;
He promised that if you are faithful,
One day you’ll receive your reward. â€"Fasick

What is done for Christ right now will be rewarded in eternity.
#8423
Inspiration & Hope / Alone With God
July 14, 2010, 05:31:22 AM
Alone With God
By Bill Crowder, Our Daily Bread

A friend told me about his church’s leadership retreat. For 2 days, church leaders pulled away for a time of prayer, planning, and worship. My friend was not only refreshed but also energized. He told me, “This retreat is really going to help us move forward as a church ministry.”

It sounded funny to meâ€"this notion of retreating in order to move forward. But it is true. Sometimes you have to pull back and regroup before you can make meaningful forward progress. This is particularly true in our relationship with God.

Jesus Himself practiced “retreating forward.” After a busy day of ministry in the region of the Sea of Galilee, He retreated. Matthew 14:23 tells us that “when He had sent the multitudes away, He went up on the mountain by Himself to pray. Now when evening came, He was alone there.” Alone in the presence of the Father.

In this fast-paced, get-ahead world, it’s easy to wear ourselves downâ€"pressing ahead and moving forward at all costs. But even in our desire to be effective Christians, we must consistently be willing to retreat into God’s presence. Only in the refreshing of His strength can we find the resources to move forward in our service for Him. Retreat in Jesus before moving forward.

To face life’s many challenges
And overcome each test,
The Lord tells us to take the time
To stop. To pray. To rest. â€"Sper

Alone with the Father is the only place to find the strength to press on.
#8424
Poems and Poets / Machines by Michael Donaghy
July 13, 2010, 11:15:01 PM
Machines
Michael Donaghy


Dearest, note how these two are alike:
This harpsicord pavane by Purcell
And the racer's twelve-speed bike.

The machinery of grace is always simple.
This chrome trapezoid, one wheel connected
To another of concentric gears,
Which Ptolemy dreamt of and Schwinn perfected,
Is gone. The cyclist, not the cycle, steers.
And in the playing, Purcell's chords are played away.

So this talk, or touch if I were there,
Should work its effortless gadgetry of love,
Like Dante's heaven, and melt into the air.

If it doesn't, of course, I've fallen. So much is chance,
So much agility, desire, and feverish care,
As bicyclists and harpsicordists prove

Who only by moving can balance,
Only by balancing move.


from Shibboleth, 1998
Oxford University Press
#8425
The Death of Santa Claus
Charles Webb

He's had the chest pains for weeks,
but doctors don't make house
calls to the North Pole,

he's let his Blue Cross lapse,
blood tests make him faint,
hospital gown always flap

open, waiting rooms upset
his stomach, and it's only
indigestion anyway, he thinks,

until, feeding the reindeer,
he feels as if a monster fist
has grabbed his heart and won't

stop squeezing. He can't
breathe, and the beautiful white
world he loves goes black,

and he drops on his jelly belly
in the snow and Mrs. Claus
tears out of the toy factory

wailing, and the elves wring
their little hands, and Rudolph's
nose blinks like a sad ambulance

light, and in a tract house
in Houston, Texas, I'm 8,
telling my mom that stupid

kids at school say Santa's a big
fake, and she sits with me
on our purple-flowered couch,

and takes my hand, tears
in her throat, the terrible
news rising in her eyes.

from Reading The Water, 2001
Northeastern University Press
#8426
Poems and Poets / Cat Scat by Eamon Grennan
July 13, 2010, 11:10:16 PM
Cat Scat
Eamon Grennan

I am watching Cleo listening, our cat
listening to Mozart's Magic Flute. What
can she be hearing? What
can the air carry into her ears like that,
her ears swivelling like radio dishes that
are tuned to all the noise of the world, flat
and sharp, high and low, a scramble of this and that
she can decode like nobody's business, acrobat
of random airs as she is? Although of course a bat
is better at it, sifting out of its acoustic habitat
the sound of the very shape of things automat-
ically-- and on the wing, at that. The Magic Flute! What
a joy it is, I feel, and wonder (to the end this little scat)
does , or can, the cat.

from What Light There Is and Other Poems, 1988
North Point Press
#8427
Ladies and Gentlemen in Outer Space
Ron Padgett

Here is my philosophy:
Everything changes (the word "everything"
has just changed as the
word "change" has: it now
means "no change") so
quickly that it literally surpasses my belief,
charges right past it
like some of the giant
ideas in this area.
I had no beginning and I shall have
no end: the beam of light
stretches out before and behind
and I cook the vegetables
for a few minutes only,
the fewer the better. Butter
and serve. Here is my
philosophy: butter and serve.

from New & Selected Poems, 1963 â€" 1992, 1995
David R. Godine, Publisher, Inc.
#8428
Poems and Poets / Notice by Steve Kowit
July 13, 2010, 11:05:14 PM
Notice
Steve Kowit

This evening, the sturdy Levi's
I wore every day for over a year
& which seemed to the end
in perfect condition,
suddenly tore.
How or why I don't know,
but there it was: a big rip at the crotch.
A month ago my friend Nick
walked off a racquetball court,
showered,
got into this street clothes,
& halfway home collapsed & died.
Take heed, you who read this,
& drop to your knees now & again
like the poet Christopher Smart,
& kiss the earth & be joyful,
& make much of your time,
& be kindly to everyone,
even to those who do not deserve it.
For although you may not believe
it will happen,
you too will one day be gone,
I, whose Levi's ripped at the crotch
for no reason,
assure you that such is the case.
Pass it on.

from The Dumbbell Nebula, 2000
Heyday Books
#8429
Poems and Poets / Thanksgiving by Mac Hammond
July 13, 2010, 10:52:54 PM
Thanksgiving
Mac Hammond

The man who stands above the bird, his knife
Sharp as a Turkish scimitar, first removes
A thigh and leg, half the support
On which the turkey used to stand. This
Leg and thigh he sets on an extra
Plate. All his weight now on
One leg, he lunges for the wing, the wing
On the same side of the bird from which
He has just removed the leg and thigh.
He frees the wing enough to expose
The breast, the wing not severed but
Collapsed down to the platter. One hand
Holding the fork, piercing the turkey
Anywhere, he now beings to slice the breast,
Afflicted by small pains in his chest,
A kind of heartburn for which there is no
Cure. He serves the hostess breast, her
Own breast rising and falling. And so on,
Till all the guests are served, the turkey
Now a wreck, the carver exhausted, a
Mere carcass of his former self. Everyone
Says thanks to the turkey carver and begins
To eat, thankful for the cold turkey
And the Republic for which it stands.

from Mappamund: New and Selected Poems, 1989
Bellevue Press
#8430
The Swan at Edgewater Park
Ruth L. Schwartz

Isn't one of your prissy richpeoples' swans
Wouldn't be at home on some pristine pond
Chooses the whole stinking shoreline, candy wrappers, condoms
     in its tidal fringe
Prefers to curve its muscular, slightly grubby neck
     into the body of a Great Lake,
Swilling whatever it is swans swill,
Chardonnay of algae with bouquet of crud,
While Clevelanders walk by saying Look
     at that big duck!
Beauty isn't the point here; of course
     the swan is beautiful,
But not like Lorie at 16, when
Everything was possibleâ€"no
More like Lorie at 27
Smoking away her days off in her dirty kitchen,
Her kid with asthma watching TV,
The boyfriend who doesn't know yet she's gonna
Leave him, washing his car out backâ€"and
He's a runty little guy, and drinks too much, and
It's not his kid anyway, but he loves her, he
Really does, he loves them bothâ€"
That's the kind of swan this is.

from Crab Orchard Review, Volume 6, Number 2, Spring/Summer 2001
Crab Orchard Review
#8431
Poems and Poets / The Hand by Mary Ruefle
July 13, 2010, 10:47:19 PM
The Hand
Mary Ruefle

The teacher asks a question.
You know the answer, you suspect
you are the only one in the classroom
who knows the answer, because the person
in question is yourself, and on that
you are the greatest living authority,
but you don’t raise your hand.
You raise the top of your desk
and take out an apple.
You look out the window.
You don’t raise your hand and there is
some essential beauty in your fingers,
which aren’t even drumming, but lie
flat and peaceful.
The teacher repeats the question.
Outside the window, on an overhanging branch,
a robin is ruffling its feathers
and spring is in the air.

From Cold Pluto, 1996, 2001
Carnegie Mellon University Press
#8432
Poems and Poets / Soccer Moms by Paul Muldoon
July 13, 2010, 10:43:48 PM
Soccer Moms
by Paul Muldoon


They remember Gene Chandler topping the charts with “Duke of Earl”
when the boys were set on taking the milk bar’s one banquette
and winning their hearts, Mavis and Merle,

as it seemed their hearts might be first to yield,
hearts before minds. Time for stilettos. Time for spivs with shivs.
The time of day when light fails on the field

while their daughters, themselves now tweenie girls,
crowd round a coach for one last tête-a-tête.
They remember Gene Chandler topping the charts with “Duke of Earl”

while the world still reeled
from the anti-Castro Cubans going to sea in a sieve,
as it seemed. Their hearts might be first to yield

if only after forty years of one plain, one purl,
on the sweater they’ve sweated over for a Bay of Pigs vet,
and winning their hearts, Mavis and Merle,

may now be faintly likelier for a well-heeled
schlub to whom they once wouldn’t so much as give
the time of day. When light fails on the field

a schlubster linesman will unfurl
an offside flag that signals some vague threat,
they remember. Gene Chandler topping the charts with “Duke of Earl”

for three weeks only in 1962 might have taught them to shield
themselves against the lives their daughters briefly relive,
as it seemed their hearts might be first to yield

to this free kick that forever curls
past the goal mouth, the ball at once winging into the back of the net
and winning. Their hearts, Mavis and Merle,

hanker for the time when it was not yet revealed
failure’s no less literal than figurative,
the time of day when light fails on the field

and gives back a sky more muddy than mother-of-pearl,
so it’s with a deepening sense of regret
they remember Gene Chandler topping the charts with “Duke of Earl”
and winning their hearts, Mavis and Merle.

from The New Yorker, 2004
#8433
Philippine Laws / A Crime at Pasig River
July 13, 2010, 02:22:45 PM
While the crew of a steamer prepared to raise anchor at the Pasig River, A, evidently impatient with the progress of work, began to use abusive language against the men. B, one of the members of the crew, remonstrated saying that they could work best if they were not insulted. A took B's attitude as a display of insubordination and, rising in a rage, moved towards B wielding a big knife and threatening to stab B. At the instant when A was only a few feet from B, the latter, apparently believing himself to be in great and immediate peril, threw himself into the water, disappeared beneath the surface, and drowned.

Question: May A be held criminally liable for the death of B?

SUGGESTED ANSWER:
Yes. A can be held criminally liable for the death of B, Article 4 of the Revised Penal Code provides in part that criminal liability shall be incurred by any person committing a felony although the wrongful act done be different from that which he intended. In U.S. vs. Valdez 41 Phil. 497. where the victim who was threatened by the accused with a knife, jumped into the river but because of the strong current or because he did not know how to swim, he drowned, the Supreme Court affirmed the conviction for homicide of the accused because, if a person against whom a criminal assault is directed believes himself to be in danger of death or great bodily harm and in order to escape jumps into the water, impelled by the instinct of self-preservation, the assailant is responsible for the homicide in case death results by drowning. source: PALS
#8434
ang babaye higugmaon ug panggaon, dili dagmalan...
kalimot seguro ang bana nga mobuto pud ang pusil sa ijang asawa...
#8435
How To Tips / Dream to Dare
July 12, 2010, 03:58:21 PM
by Ben Tiggelaar

“[W]hat does it take to go from Dream to Dare and, eventually, Do? What are the secrets of real and lasting change?

You know exactly how it feels: you are frustrated, angry and unhappy. It’s time to make that change. It’s time to improve your relationships, start your own business, get that promotion, lose that weight, get those abs tuned, stop smoking, see your friends more often, start saving for your kids education, start applying for a different job… etc,etc.

Good luck! You will need it, because the odds are against you.

Of all people who consciously start personal change, more than 80% will have returned to their old habits within two years. No wonder the world is filled with cynical people, that are still in the same job they have hated for over 10 years, still smoke 2 packs of cigarettes everyday and still spend too little time with their kids.

It’s time for change.”
#8436
How To Tips / Fascination
July 12, 2010, 03:56:22 PM
by Mark Levy

“One of the hats I wear is that of writing coach. I guide businesspeople in writing books. During a typical first session, my client isn’t sure what their book will be about, but they take guesses.

They tell me about what they think the marketplace wants, what they believe they can sell, and what might elevate them to guru status. They start tossing around premises. I stop them.

Books indeed need readers, so thinking about audience is important. Books also help writers achieve career goals, so thinking strategically about how a book can advance one’s business makes sense.

But looking at those things too early leads to a bland book. Why?”
#8437
Business and Economy / White Space
July 12, 2010, 03:55:25 PM
by Terry Barber

“Most of my career has been in advertising, branding, and writing. Over the years, I’ve seen hundreds of ads, letters, proposals, and commercials. In the past, I would judge these creative renderings based on their message and intended audienceâ€"still not a bad consideration within the process. But now, as I begin passing judgment, I find myself critiquing something else: the white space. Does it have enough white space? I can’t say it enough: I hate being crowded, and I really despise crowded letters, crowded ads, crowded 60-second spots. They try to say so much that I can’t hear anything. Like the train, like the highway, like my closet, these communiqués and radio spots are all calling out in one accord, ‘MORE WHITE SPACE. PLEASE!’”
#8438
Business and Economy / Owning and Running A Company
July 12, 2010, 03:54:40 PM
by Clate Mask & Scott Martineau

“Proponents of entrepreneurship love to celebrate the freedom and adventure of owning and running a company. Established business owners put on a smile, perfect their elevator speech about “being their own boss,” and proceed to sell you their product or service. The media tells us story after story about the multi-million dollar opportunities grown out of a garage or dorm room.

But few people tell the true story of entrepreneurshipâ€"the story of long hours, sleepless nights, endless worry, mental and physical stress, strained family relationships and non-existent social life.

Instead, would-be entrepreneurs buy into a dream that few will ever achieve. Believing in a promise of more money, more time, and freedom from the corporate world, entrepreneurs ignore the less-than-encouraging small business statistics and take the plunge into ownership.

That’s when chaos moves in.”
#8439
Business and Economy / Future of Business
July 12, 2010, 03:53:41 PM
by Rob Salkowitz

“More than half of the world’s 6.8 billion people are under the age of 30, and most of them live in countries where the per-capita income is lower than $1000 per year. Meanwhile, projections show the average age of the United States, Europe, Russia, Japan and even China pushing dramatically upward, with declining numbers of young workers struggling to support mushrooming populations of elderly retirees. As the old centers of the global economy face aging workforces and declining fertility rates, the future increasingly depends on tapping into the energy and ideas of the rising Young World.”
#8440
Science and Research / Multiply Intelligence
July 12, 2010, 03:49:23 PM
“Multipliers liberate people from the inherently oppressive forces within corporate hierarchy. They liberate people to think, to speak, and to act with reason. They create an environment where the best ideas surface and where people do their best work. Multipliers liberate people from the intimidation of hierarchical organizations and the domination of tyrannical leaders. They create intelligence around them, and they release it into the organization so it can be freely utilized at its highest point of contribution. They create an environment where ideas can be heard and where intelligence can be given, grown, and stretched through challenge. They give people permission to think.” - by Liz Wiseman
#8441
Bar Exam Question:
Is the concept of People Power recognized in the Philippine Constitution? Discuss briefly. (3%)

SUGGESTED ANSWER:
Yes, the concept of People Power is recognized in the Constitution. Under Section 32. Article VI of the Constitution, through initiative and referendum, the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof. Under Section 16, Article XIII of the Constitution, the right of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decision-making shall not be abridged. The State shall, by law facilitate the establishment of adequate consultation mechanisms. Under Section 2. Article XVII of the Constitution, the people may directly propose amendments to the Constitution through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein.
#8442
Bar Exam Question: How is the Bill of Rights strengthened in the 1987 Philippine Constitution?

SUGGESTED ANSWER:
There are several ways in which the Bill of Rights is strengthened in the 1987 Constitution.
1   New rights are given explicit recognition such as, the prohibition against detention by reason of political beliefs and aspirations. The waiver of Miranda rights is now required to be made in writing with the assistance of counsel. The use of solitary, incommunicado and secret detention places is prohibited, while the existence of substandard and inadequate penal facilities is made the concern of legislation.

2   There is also recognition of the right of expression, an express prohibition against the use of torture, a mandate to the State to provide compensation and rehabilitation for victims of torture and their families.

3   Some rights have been expanded.  For instance, free access to courts now includes access to quasi-judicial bodies and to adequate legal assistance.

4   The requirements for interfering with some rights have been made more strict.  For instance, only judges can now issue search warrants or warrants of arrest. There must be a law authorizing the Executive Department to interfere with the privacy of communication, the liberty of abode, and the right to travel before these rights may be impaired or curtailed.

5   The Constitution now provides that the suspension of the privilege of the writ of habeas corpus does not suspend the right to bail, thus resolving a doctrinal dispute of long standing.

6   The suspension of the privilege of the writ of habeas corpus and the proclamation of martial law have been limited to sixty (60) days and are now subject to  the power of Congress to revoke.  In addition, the Supreme Court is given the jurisdiction, upon the petition of any citizen to determine the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law.
#8443
This will not work. James' immeasurable pride/ego will hurt the team. When a team has too many star players it will succumb to inevitable inefficiency.
#8444
World Daily News / Solar Eclipse
July 12, 2010, 11:05:37 AM
BBC News - Total solar eclipse crosses South Pacific

A total solar eclipse has crossed the South Pacific, with thousands of tourists and scientists gathered on Chile's Easter Island to witness it.

The eclipse, which was only visible from small sections of land, ended over southern parts of Chile and Argentina.

The eclipse started at 1815 GMT about 700km (440 miles) south-east of Tonga, and reached Easter Island by 2011 GMT.

The population of the island - a Unesco World Heritage site - doubled to about 8,000 for the event.

Some forecasters had warned that cloudy skies could dash hopes of a clear view of the eclipse.

But as the moment neared on Easter Island, stormy weather gave way to bright sunshine. - BBC Online
#8445
Netherlands vs Spain - what's your bet?
#8446
Paul is not without competition. There’s also Mani, a parakeet in Singapore, who predicted the Dutch would win Sunday by creeping out of his wooden cage and choosing between two cards that bore the two nations’ flags. - reuters
#8447
Putol Diretso Sa O-ten, Wa Nay Kaso-kaso
by Mike Ligalig (as published by the Bohol Standard newspaper

Sa pagsige nako ug  basa sa mga jurisprudence nga nahilambigit sa criminal law, magsige ko ug panaguto ug pangagho nga mosilaob sa kalagot ug kayugot tungod sa mga mabasahan nakong kaso nga diin mga gagmayng batang babaye nga dos o kaha tres anyos gipanglugos sa amahan, uyoan, silingan, o kaha estranghero.

   Ug dili kay bag-o lang ni nahitabo. Sukad pa sauna, liboan na ka mga panghitabo ang nahitala sa atong mga korte. Ug laing dili maihap nga mga krimen nga pagpanglugos ang wala masang-at sa korte sanglit nagapos sa kahadlok ug kaulaw ang mga biktima o kaha walay hibangkaagan ang biktima kung unsaon pagsumbong sa panamastamas nga nabuhat aron mapasaka sa korte ang linoog nga binuhatan.

   Ang dili ug dili nato matulon sa pagbasa kining mga kaso sa mga batang babaye nga gipanglugos sa kaugalingon nilang amahan. Dinhi sa Bohol, naay amahan, gilugos ang anak babaye, unya gilugos pud ang kaugalingong apo nga anak sa iyang gilugos nga anak. (Ug kadtong anak nga gilugos nalugos pud diay sa uyoan). “Truth is indeed stranger than fiction.” Ug dili kay kausa lang nahitabo sa usa ka bata, kon dili gibalikbalikan ug lugos ang bata hangtod nga nidako na. Pagkadaghan diay sa mga panghitabo nga ingon niini.

   Daghang wala masayod kay adunay balaod nga nagdili sa pagpublikar sa mga kaso sa panamastamas sa minor de edad. Bisan gani sa website sa Supreme Court ug sa decision mismo nga mabasa sa papel, puro ra AAA or BBB or XXX ang gipangalan sa biktima aron gyud matago ang tinuod nga ngalan. Gitago usab ang mga impormasyon sama sa gipuy-an ug lugar sa nahitaboan aron tiunay nga malilong ang sakit ug makauulaw nga krimen.

   Didto na nimo mahibaloan sa dihang magsugod ka ug utingkay sa mga desisyon sa Korte Suprema nga mabasa sa lawphil.net ug chanrobles.com. Ang mga kaso sa Supreme Court nga website dili kompleto. Ambot ngano. Wala man ma-update ang website sa gobyerno.

   Matod pa sa usa ka Justice sa Supreme Court, “there should be a special place in hell for all child molesters.” Uyon ba mo sa iyang gisulti?

   Apan kung maghisgot lang ta ug balaod diri sa yuta, sa way lipod-lipod nga estorya angayan nga pangputlan ug kinatawo ang mga manglulugos ug asinan ang ilang oten samtang nagdagayday ang dugo ug ang naputol nga  bahin isugba sa nagbaga nga kalayo ug sa pagkaluto na niini idasok sa tilaok sa kriminal. Pagkahuman, putlan sa dila, lugiton ang mga kalimutaw, putlon tanang tudlo, ibton tanang koko sa tiil, ug paamigasan ug ipapaak sa putyokan ang kalawasan.

   Syaro ug walay mahadlok nga manlugos ug mga bata o mga babaye. Kanang death penalty nga kasamtangang giwagtang sa nasod wala nay epekto. Pero kung buhaton ang gihisgotan nato nga “torture” sa mga lampingasan, sa mga way atay ug batikolon, grabe napud ug dili mokuyos ang ilang itlog.

   Dili na ta maghisgot anang human rights. Naay moingon nga kanang imong gisugyot, Mike, nga silot nakalapas na sa tawhanong katungod. Botbot! Unsa goy human rights? Tuo man mo anang human rights. Human rights alang sa mga walay sala ug inosente. Pero kadtong mga wa nay kasingkasing ug konsensya, wa gani na sila maghunahuna ug unsay human rights!

Ang mga biktima sa lugos wala diay silay human rights? Mao man goy nakalabad ning atong sistema sa balaod sa nasod, tua dapig sa mga kriminal. Mura ba ug mga polis ug sundalo nga kung tikloon, walay mosinggit ug human rights, apan kung ang pikas masamdan sa engkwentro, daghang alingogngog nga mosinggit ug human rights.

   Gawas nga langan ang proceso sa balaod bisag klaro na kung kinsay sad-an, matuis-tuis gihapon ang estorya kung dunay kwarta.

   Tan-awa nang nahitabo sa Ampatuan massacre. Ang mga alimatok nabulahan sa desisyon ni Agra. Hangtud karon, hapit na mousa ka tuig human sa linuog nga pagpang-ihaw ug tawo nga mga inosente ug walay sala, wala pay nabalhog sa Muntinlupa.

   Kining rape dili na ni angay iagi ug trial sa korte. Medical examination lang (DNA test) ug testimonya sa biktima. Pagkahuman, dakop dritso, putol sa oten, dila, unya abison nang ngabil, ug kiskisan nang ulo ginamit ang pusang botelya sa Mallorca.

   Kung di pa ta kontento sa maong silot sa mga manglulugos, pwede atong sundogon tong gibuhat ni Polpot sa S-21 Prison House didto sa Phnom Penh, Cambodia.
#8448
what are you thinking?
#8449
By Daniel Emery
Technology reporter, BBC News

Apple says a fault on its new iPhone 4 is causing it to incorrectly display the phone's signal.

Users who gripped the phone - which went on sale on 24 June - on the lower left-hand side noticed the signal strength and reception fell away.

Apple says the problem relates to an error on how the signal bars are displayed, rather than the signal.

However, some industry experts say that there may be a deeper signal problem than a cosmetic design flaw.

Apple is promising a patch fix "within a few weeks". Users may also choose to get a full refund within 30 days of purchase, the firm has said.

In a statement, Apple said the iPhone 4 had been "the most successful product launch in Apple's history" and that all phones gripped in "certain ways will reduce its reception by one or more bars".

"We have discovered the cause of this dramatic drop in bars, and it is both simple and surprising," the statement read.
#8450
Weird and Extreme / Very Rare: Clash of Predators
July 03, 2010, 01:08:31 PM

An unusual clash between a 6-foot (1.8m) alligator and a 13-foot (3.9m) python has left two of the deadliest predators dead in Florida's swamps.

The Burmese python tried to swallow its fearsome rival whole but then exploded.

The remains of the two giant reptiles were found by astonished rangers in the Everglades National Park.

The rangers say the find suggests that non-native Burmese pythons might even challenge alligators' leading position in the food chain in the swamps.

The python's remains were found with the victim's tail protruding from its burst midsection. The head of the python was missing.

"Encounters like that are almost never seen in the wild... And here we are," Frank Mazzotti, a University of Florida wildlife professor, was quoted as saying by the Associated Press news agency. -

source: BBC
#8451
1 Peso Plane Ticket with Cebu Pacifi Air

As one of Asia’s fastest growing airlines, we are offering a seat sale as low as P999, to highlight our status as being the only low-cost carrier from the Philippines to North Asia. The seat sale starts now until July 6, 2010, for travel this September 1 to November 30, 2010.

You can avail of P2,499 ‘Go Lite’ seat sale fares from Manila and Cebu to Incheon (Seoul), Cebu to Busan, and from Manila to Shanghai and Beijing, CEB’s newest destination.

For the ‘Go Lite’ seat sale fare of P1,499, fly from Manila, Clark and Cebu to Hong Kong, as well as from Manila to Guangzhou and Macau. P999 ‘Go Lite’ seats are up for grabs for Manila-Taipei flights.

We are proud to be the only airline to offer low fare options to all the major North Asian countries of China, South Korea and Japan and will continue to promote travel and tourism to this region by adding more flights!

Hold on to your seats as we give you more surprises with a Cebu hub seat sale as low as 1 peso when you travel from Cebu to Dumaguete and Davao from August 1 to October 31, 2010.  For the same travel period, grab P599 'Go Lite' seats from Cebu to Ozamiz, Clark and Legaspi and P899 'Go Lite' seats from Cebu to Puerto Princesa and Surigao.

For your bookings and inquiries, log on to www.cebupacificair.com.
#8452
Yes, Manay, that's a identity theft. Many of my friends are too gullible and they gave their username and password. The next thing they know the scammers, mostly Nigerians, are already sending messages to their email contacts.
#8453

PORT ELIZABETH, SOUTH AFRICA - JULY 02: Netherlands fans celebrate victory, and progression to the semi-finals, following the 2010 FIFA World Cup South Africa Quarter Final match between Netherlands and Brazil at Nelson Mandela Bay Stadium on July 2, 2010 in Nelson Mandela Bay/Port Elizabeth, South Africa. (Photo by Jamie McDonald/Getty Images)
#8454

Netherlands' Wesley Sneijder (Top) celebrates his team's win over Brazil with team mates Mark van Bommel (L) and Arjen Robben after the 2010 World Cup quarter-final soccer match in Port Elizabeth July 2, 2010. REUTERS/Mike Hutchings (SOUTH AFRICA - Tags: SPORT SOCCER WORLD CUP)
#8455

Tears for this Brazilian fan
#8457
RED CARD F. Melo
Felipe Melo's flagrant foul against Robben
#8458
By ANDREW DAMPF, AP Sports Writer

Soccer’s perennial World Cup underachievers from the Netherlands knocked off mighty Brazil on Friday, stamping the Dutch as a strong contender to finally win that elusive title.

Wesley Sneijder, one of the shortest players on the field, scored in the 68th minute on a header for a stunning 2-1 quarterfinals win over the five-time champions.

“It just slipped through from my bald head and it was a great feeling,” Sneijder said.

Brazil, which also went out in this round four years ago against France, lost its composure after falling behind, and defender Felipe Melo was ejected in the 73rd minute for stomping on the leg of Arjen Robben.

The Dutch made the championship match in 1974 and ’78, lost both, and rarely have lived up to their talent in other World Cups. They did this time, helped by an own goal off the head of unfortunate Felipe Melo that brought them into a 1-1 tie in the 53rd.

Robinho gave the Brazilians the lead on Felipe Melo’s brilliant low pass up the middle of the field that the striker put home with a low shot.

But soon, the Dutch took control, and the end of the match presented the unusual sight of the Brazilians scrambling wildly to find an equalizer.

It never came.

Instead, it was the Oranje and their fans doing the dancing.

The majority of the fans inside the Nelson Mandela Bay Stadium were clad in Brazilian yellowâ€"even though the team wore blue Friday. Many of the fans were wearing South Africa jerseys of the same color, though.

But long after the match ended, the only fans remaining were orange-shirted Netherlands supporters, waving their country’s red-white-and-blue flags and chanting “Oranje.”

“It was an amazing game. I think we showed the whole world how we can play,” Sneijder said. “Finally we won, we beat Brazil.”

After scoring, Sneijder sprinted around the field, tapping the front of his head, then ran to a TV camera and tapped the lens. He was in the middle of all the postgame celebrating, too, as his teammates swarmed him when the final whistle blew.

A few yards away, several Brazilian players lay on the turf, bewildered and beaten.
#8459
Inspiration & Hope / Buttercups
July 02, 2010, 05:07:25 PM
Our Daily Bread

The buttercups in our backyard were unusually bright and beautiful due to the generous amount of spring rain God sent our way. I wanted to take some pictures of them before they faded, but I had trouble getting close enough because they were growing in a very soggy wetland. One sunny afternoon, I pulled on a pair of boots and trudged through briers and brambles toward buttercup bog. Before I got any pictures, I got muddy feet, multiple scratches, and numerous bug bites. But seeing the buttercups made my temporary discomfort worthwhile.

Much of life is about “getting through” the trials and troubles that are inevitable in our sinful world. One of these trials is persecution. The disciples certainly found this to be true. They knew the good things that Jesus has ready for those who follow Him, but they met harsh resistance when they tried to tell others (Acts 14:5).

Those of us who have chosen God’s way, and who know from experience that it’s “a more excellent way” (1 Cor. 12:31), will persevere even when we have to go through danger and difficulty. By doing so, we show others a beautiful picture of God’s peace, mercy, and forgiveness. The joy that awaits will make our temporary discomfort worthwhile.

As sure as night, life’s troubles come,
As sure as day, they’re past;
But surer still that endless joy
When heaven we reach at last. â€"D. De Haan

Earthâ€"the land of trials; heavenâ€"the land of joys.
#8460
Yakult

By the way, welcome back Sigbin II. It should be Sigbin III now.
#8461
Help & Support / Use of Tubag Bohol Signatures
July 02, 2010, 02:23:04 PM
Hi Everyone,

You can freely use your signatures to promote your own blogs, forum sites, or your own profiles in Facebook, Myspace, etc. You can also use your signatures to promote your business, products, services, or causes/advocacy.

Just don't use pictures/images in your signatures. It's not allowed here for aesthetic reasons.

More posts means wider exposures of your signatures.

Thanks,
Mike
#8462
Thanks Processor. Dili ra ba ko Bohol-based. Maayo unta ug naay makaprovide ug contact numbers that I can forward sa akong mga kaila nga moanha ug Panglao.
#8463
thank you rain drops for the info.
#8464
Naa may nahitabo nga dihay niambak sa building. Unja kay na-timing man nga dihay tawo sa ubos. Ang naghikog wa mamatay ug ang naambakan maoy hinuoy namatay tungod sa kakusog sa impact.
#8465
By HEIZEL L. MAINAR
Manila Bulletin

"Our colon can be likened to how the colon of a cow works; it is more suitable for fibrous food like vegetables and fruits rather than meat," explains Dr. Manuel Francisco T. Roxas, president of the Philippine Society of Colorectal Surgeons (PSCRS) during the recently concluded 1st National Convention on Colorectal Surgery.

Dr. Roxas, who is also the head of The Medical City's (TMC) colorectal surgery section shares that colon cancer is now ranked as the third killer disease in the country, an alarming jump from its seventh spot 10 years ago.

Global scenario

Worldwide, colorectal cancer is a very common condition. But colorectal surgery had become active and vibrant especially in European countries that the development in technology and specialization has led to higher survival rates of colon cancer patients.  Meanwhile, the death rate in countries that have strong screening programs and where treatment is sophisticated is going down.

Sadly, the same cannot be said about local conditions.  While the country does not have a strong screening program, there are also very few doctors who specialize in the field of colorectal surgery.  If truth be told, more Filipinos suffering from the disease die compared to its neighboring countries such as Thailand, Singapore, and Malaysia. “Our survival rate for colon cancer (based on 2005 data) is 48 percent (while) rectum cancer is 19 percent!"

Early detection

With the slim chance for survival, it is likely that the future of a colorectal cancer patient is as gloomy as a stormy night.  Yet, according to Dr. Roxas, through screening, colorectal cancer can be avoided, and in fact, it can be cured if detected early.       

Majority of people who get colorectal cancer belongs to the average age of 60 and it takes 10 years for a polyp to become a cancer. Thus, Dr. Roxas strongly encourages every Filipino to get a screening once they reach the age of 50 since it is a way to detect possible polyps in its early stage. Blood examination or fecal occult blood, another way for screening aside from colonoscopy, costs P200 to P400 a year.

Before colorectal cancer could get worst, Dr. Roxas says that blood in the stool is the most obvious tell-tale sign that one needs to have a check up right away.  “They won’t get any check up for months until they find out that it is more advanced than we hope it should be. Any bleeding should be check out. You don’t want to assume. Leave a hemorrhoid behind as long as you know that it is a hemorrhoid,” he stresses.   

Other symptoms are: Change in bowel habit, alternating diarrhea then constipation, persistent abdominal discomfort such as cramps, gas or pain, abdominal pain with bowel movement, a feeling that bowel doesn’t empty completely, unexplained anemia, weakness or fatigue, weight loss with no known reason, and narrow or thin stools.

5 Fiber-filled food must-haves

Pears

Most people are unaware of the fact that pears contain more fiber than prunes. An average size pear packs five grams of fiber, compared to only three grams in one prune!

Light popcorn

Many people wouldn’t suspect it, but a serving of popcorn actually packs four grams of fiber. Popcorn is also a good source of whole grains, and because it’s popped with air, you fill up on less.

Whole-grain cereals and bread

Whole-grain cereals are a great opportunity to get in 14 grams of fiber early in the morning while 100 percent whole-wheat breads contain twice the fiber and almost half the calories of their all-white counterparts!

Cucumber

Adding a crunchy cool cucumber to your salads is an especially good way to increase your fiber intake because cucumber comes naturally prepackaged with the extra fluid you need when consuming more fiber. Plus, you get the added bonus of vitamin C, silica, potassium and magnesium.

Green peas

Due to being low calorie but very nutrient dense, green peas make an excellent snack if you are trying to lose weight or maintain a healthy weight. Green peas have also been prescribed to increase energy function in the body. Green peas are said to maintain healthy vision as well as improve immune function.
#8466
By STEPHEN WADE, AP Sports Writer

Mexico’s exit from the World Cup was a merchandising disaster for local street vendors hawking flags, sombreros and vuvuzelas, but a relief for thousands of police who had been braced for raucous celebrations around the country.

In a restaurant in downtown Mexico City on Sunday, fans were left to ponder Mexico again knocked out of the World Cup by Argentinaâ€"this time a 3-1 loss. Four years ago, Argentina eliminated Mexico 2-1 at the same stage of the tournament.

This marks the fifth straight time that Mexico has reached the last 16 of the World Cupâ€"and the fifth straight time it has lost. Mexico lost against Bulgaria (1994), Germany (1998), the United States (2002) and now twice in a row against Argentina.
#8467
But it was unfair for England. Fifa should allow tv replay. Fifa ruling sucks.
#8468
This is really sad. Unta dili pud mahitabo nga naay bana giputlan ug oten sa asawa kay gipajer-jer unta pero ang bana mibalibad.
#8469
Cignal TV vs Direct TV vs Dream Satellite
please review these satellite cable providers...
#8470
Nes, dili kaha ni Photoshop? Pero mura man ug authentic ang pictures. Basin gibayran ni sila ug foreigner photographer unya wala sila kahibalo nga macirculate sa internet ilang photo.
#8471
By Francis M. Bilowan

The Philippines remains a favorite destination for foreign students as the Bureau of Immigration (BI) reported a 20-percent increase in the number of foreigners who were issued study visas by the bureau for current school year 2010-2011.

In a report to Immigration Commissioner Marcelino Libanan, BI student desk head Teodulo Estrada said that as of June this year, a total of 6,416 foreign students were issued student visas by his office for this year’s first semester, compared to the 5,343 who enrolled in the same period last year.

Estrada said the figures were still tentative and would surely go up further as there were still hundreds of foreign students processing their visa applications with his office.

“And these figures only pertain to foreign students who applied for visas at our main office,” said Estrada, as he disclosed that BI field offices outside of Metro Manila were also authorized to accept and process student visa applications.

He said that aside from the BI main office, there has been a steady increase in student visa applications filed with the bureau’s field offices in key cities such as those in Cebu, Baguio , Davao , Angeles, and Iloilo.

Estrada said that language schools in the country have the most number of foreign students, followed by the different state universities and colleges.

“Cebu and Baguio City have the most number of foreign students,” Estrada said.
#8472
Congratulations Angie... And may the Lord bless your baby...
#8473
By ALEX VALENTIN BROSAS
Manila Bulletin

Queen of Talk Kris Aquino seems about ready to give up on her husband, cager James Yap.

Kris allegedly told a confidant recently that she’s not giving James another chance.

“It’s over,” the confidant told friends after talking to Kris on the cellphone.

Kris is said to be adamant on her decision to separate with James because she is allegedly fed up with his “mistakes” -- whatever those are.

During her “Showbiz News Ngayon” stint on June 24, Kris was low spirited and far from her vibrant self. Very much "un-Kris," the Queen of all Media didn’t bother to comment on “SNN” stories which she normally does. Clearly, her marital woes were bothering her.

Kris hit the rumor mills again when she was a no-show in her own gift-giving mission in Cebu last June 22. TV host Boy Abunda took it upon himself to explain to the Cebuanos that all is not well between Kris and James and that she had even left their house.
#8474
Manila Bulletin: Whether the November 13 super fight between Manny Pacquiao and Floyd Mayweather will happen will be known in the next few days, Hall of Fame promoter Bob Arum said Wednesday afternoon.

“We will have a resolution to this within the month,” Arum said from San Antonio, Texas, where he is promoting a card this weekend starring Julio Cesar Chavez Jr., now being trained by Freddie Roach.

Arum didn't even sound alarmed that the red-letter day is less than five months away.

“Patience, patience, patience,” said Arum, who has been in the thick of negotiations with Golden Boy Promotions (GBP) regarding what is expected to be the richest fight in boxing history.

Owned by Oscar De La Hoya, GBP is representing Mayweather in the negotiations that also involves GBP Chief Executive Officer Richard Schaefer and Top Rank president Todd DuBoef, who is Arum's stepson.

It is widely believed that the purse split and the Olympic-style drug testing are the main talking points in the talks.

Pacquiao remains firm that he will not agree to a 60-40 percentage split in favor Mayweather since he has already made a concession by agreeing to be tested randomly until 14 days before the fight.
#8475
Bohol Chronicle: It will be a no-holds barred discussion on the first automated elections during the 14th National Press Forum of the Philippine Press Institute that will start today at the Diamond Hotel Philippines.

The three-day annual forum, whose theme this year is "Assessing the 2010 Automated Elections' will tackle subjects such as post election assessment, how the media fared in covering the elections, the emerging political landscape, priority social issues, the economy: what lies ahead.

To cap on Friday, the forum will also tackle on freedom of information act, media killings with focus on the Maguindanao massacre, advertising and circulation will also be discussed in a separate industry forum.

The confirmed resource persons are: Melinda Quintos-de Jesus of the Center for Freedom and Responsibility, Ramon C. Casiple of the Institute for Political and Electoral Reform, Isagani M. Yambot of the Philippine Daily Inquirer, Erwin Oliva of Yahoo!Philippines, Atty. Rudolph S.E. Jularbal of the Kapisanan ng mga Brodkaster sa Pilipinas, Manuel L. Quezon III of the Philippine Daily Inquirer and the ABS-CBN News Channel, former senior government official Karina C. David, Prof. Solita C. Monsod of the University of the Philippines School of Economics, Atty. Prima B. Quinsayas of the Freedom Fund for Filipino Journalists, Atty. Nepomuceno A. Malaluan of the Access to Information Network, Edwin "Edsac" C. Sacramed of the Circulation Managers Association of the Philippines, and Frederick M. Alegre of the United Print Media Group.

Yvonne Chua and Luz Rimban of Vera Files helped draft the program on the elections forum. They will also serve as forum moderators.
         
Renowned boxer, also known as the people's champ, Cong. Manny "Pacman" Pacquiao of the Province of Sarangani has been invited to grace the symbolic cutting of the ribbon for the opening of the exhibit on elections photos and stories by some community newspapers. A Mass will also be offered to the media-victims of the Maguindanao massacre on its eighth month today.

The 2009 Civic Journalism Community Press Awards will highlight the three-day event.

The Coca-Cola Export Corporation (TCCEC) - Philippines Division is the official partner of the awards program. Atty. Jose Midas Marquez, the Court Administrator and Spokesperson of the Supreme Court of the Philippines will keynote the awarding ceremony.

As in the previous years, the cash prizes for the winners will be provided by Malaya, Philippine Daily Inquirer, BusinessWorld, Journal Group, The Philippine Star, and Manila Standard Today.

The National Press Forum and Membership Meeting is the annual gathering of publishers and editors from the seventy news organizations that are members of the Philippine Press Institute. The PPI is also known as the association of Philippine newspapers.

This event is also being supported by The Coca-Cola Export Corporation, United Print Media Group, Cong. Manny Pacquiao, Department of Tourism, Chevron Phil., Inc., the Body Shop, SM Retail, Inc., PhilHealth, Security Bank & Trust Co., GlaxoSmithKline, GMA Network, Inc., Mang Inasal, Land Bank of the Philippines, PLDT, RCBC, Pag-ibig Fund, Social Security System, Maynilad, Bangko Sentral ng Pilipinas, Bank of the Philippine Islands, Luisa Ridge Resort, Unilever Philippines, PHILEX Mining Corporation Zest Airways, Inc., GSIS, PAGCOR, Robinson's Land Corporation, David's Salon, Diamond Hotel, Sun Cellular Café Puro, The Sulo Riviera Hotel, The Insular Life Assurance Co. Ltd., Krispy Kreme, CitiBank and Angel Arts.
#8476
World Cup Football | Fifa Soccer / Red Hot Chile
June 26, 2010, 08:12:28 AM

A Chilean supporter cheers prior to their Group H first round 2010 World Cup football match Chile vs Spain on June 25, 2010 at Loftus Verfeld stadium in Tshwane/Pretoria. NO PUSH TO MOBILE / MOBILE USE SOLELY WITHIN EDITORIAL ARTICLE AFP PHOTO / MARTIN BERNETTI (Photo credit should read MARTIN BERNETTI/AFP/Getty Images)(Photo Credit should Read /AFP/Getty Images)
#8477

A Spanish supporter cheers prior to their Group H first round 2010 World Cup football match Chile vs Spain on June 25, 2010 at Loftus Verfeld stadium in Tshwane/Pretoria. NO PUSH TO MOBILE / MOBILE USE SOLELY WITHIN EDITORIAL ARTICLE AFP PHOTO / MARTIN BERNETTI (Photo credit should read MARTIN BERNETTI/AFP/Getty Images)(Photo Credit should Read /AFP/Getty Images)
#8478

A Spanish supporter cheers prior to their Group H first round 2010 World Cup football match Chile vs Spain on June 25, 2010 at Loftus Verfeld stadium in Tshwane/Pretoria. NO PUSH TO MOBILE / MOBILE USE SOLELY WITHIN EDITORIAL ARTICLE AFP PHOTO / LLUIS GENE (Photo credit should read LLUIS GENE/AFP/Getty Images)(Photo Credit should Read /AFP/Getty Images)
#8479
It would be a hard decision to give your life to people like the Ampatuans.
#8480
Photos Unlimited / Re: Hot Strong Woman
June 26, 2010, 07:03:55 AM
Boss Virgil, murag Russian tong girl nga akong gipost. Pero ang babaye bisan unsa ka maskulado, dili na magamit kay dali ra na malukmay sa mga matam-is nga pulong inubanan sa mga parayeg.
#8481
Philippine Travel and Tourism / Re: Garden Cafe
June 25, 2010, 02:10:13 PM
Manay, dili na ta mag-abot kay final exam na.
#8482
By Inquirer Mindanao, Jerome Aning
Philippine Daily Inquirer

A former militiaman who failed to get protection from the justice department after he tagged the powerful Ampatuan clan as being responsible for the Maguindanao massacre has been felled by an assassin’s bullet.

Six months and two weeks after he first appeared on television with his face hidden behind a mask to talk about the massacre, Suwaib Upham was gunned down by a lone attacker on June 14 in Parang town, Maguindanao province, some 100 kilometers from where the carnage occurred.

It was only on Thursday following media inquiriesâ€"or more than a week after the shooting first appeared on the town police blotterâ€"that official information on Upham’s killing came.

Philippine Daily Inquirer informants in Maguindanao said Uphamâ€"believed to be in his 20sâ€"had been moving from one place to another to avoid coming to harm after agreeing to testify against the Ampatuan clan.

Centerlaw Philippines, which assists families of 14 of the massacre victims, laid the blame for Upham’s death on acting Justice Secretary Alberto Agra and President Gloria Macapagal-Arroyo for not supposedly giving any protection to the witness.

His death was recorded on the police blotter as just another case of killing. There was no mention on the blotter of him being a massacre witness.

Upham, a member of the disbanded Ampatuan militia, was shot dead at around 8 p.m.
#8483
Jokes and Humor / Best Dog In The World
June 25, 2010, 02:02:20 PM

Best Dog In The World
#8484
Jokes and Humor / Some Kids Are Too Curious
June 25, 2010, 02:00:05 PM

Some Kids Are Too Curious
#8485
Jokes and Humor / Don't Try This At Home
June 25, 2010, 01:59:09 PM

Don't Try This At Home
#8486
Jokes and Humor / Fail
June 25, 2010, 01:56:43 PM

fail
#8487
Jokes and Humor / Dangerous Girls
June 25, 2010, 01:53:18 PM

dangerous girls
#8488

If you don't see it, you deserve it
#8489
Jokes and Humor / How To Fly
June 25, 2010, 01:48:17 PM

How to fly
#8490
Jokes and Humor / Exposed
June 25, 2010, 01:47:01 PM

exposed
#8491
Photos Unlimited / Hot Strong Woman
June 25, 2010, 01:40:07 PM

Hot Strong Woman
#8492
Workplace & Productivity / American Guy Needs a Job
June 25, 2010, 01:39:03 PM

American Guy Needs a Job
#8493
Jokes and Humor / Free Delivery
June 25, 2010, 01:37:57 PM

free delivery
#8494
Jokes and Humor / Give Your Cat A Place to Rest
June 25, 2010, 01:36:53 PM

Give Your Cat A Place to Rest
#8495
Philippine Travel and Tourism / Re: Garden Cafe
June 25, 2010, 08:30:46 AM
That's right Bid. Daghan na pud ko ug mga memorable moments sa Garden cafe. kung mag-heart-to-heart talk sa uyab, Garden Cafe is the best place. Ayaw sa mga open restaurants kay daghang tsismosa sa Bohol. :)
#8496
Philippine Travel and Tourism / Re: Garden Cafe
June 25, 2010, 08:23:23 AM
It's nice to set up a private conversation at Garden Cafe. No interference, no stalkers.
#8497
All domestic and Malaysia fares as low as P999

We're cutting fares to all our domestic destinations and Malaysia by as much as 49% in a seat sale from now until June 28, 2010 for travel this August 1 to September 30, 2010.

You can avail of P999 ‘Go Lite’ fare to any of CEB’s domestic destinations, such as Bacolod, Iloilo, Davao, Surigao and Dipolog from Manila and Cebu. Boracay (Caticlan), Bohol (Tagbilaran), Camarines Sur (Naga) and Palawan (Puerto Princesa) flights are also included in this seat sale.

The same P999 ‘Go Lite’ fare is also available for guests traveling from Manila to Kota Kinabalu, while Manila to Kuala Lumpur seats are selling for only P1,999 ‘Go Lite'.

We operate Airbus services to Kota Kinabalu twice weekly, and to Kuala Lumpur daily. The seat sale is in time for the Malaysia Mega Sale Carnival 2010, which will kick off this July 24 until September 16, 2010. The mega sale offers great shopping bargains up to 70% off!

Enjoy the Malaysia Mega Sale Carnival this year, and the country’s other cultural offerings. Book early at our website to take advantage of the P999 seat sale to any point in CEB’s very extensive network within the Philippines!
#8498
By ANDREW DAMPF, AP Sports Writer

Defending champion Italy was eliminated Thursday from the World Cup with a humbling 3-2 loss to Slovakia, which advanced.

Slovakia finished second in Group F to Paraguay. The Italians were last, the first time they’ve ever finished at the bottom of an opening-round group.

For the third consecutive game, the Azzurri allowed an early goal and this time they never recovered.
#8499
Science and Research / Brain
June 25, 2010, 12:24:21 AM
One of the things neurobiologists know about the human brain is that it's incredibly flexible. This ability is crucial for our race's superior cognitive capabilities, but it also represents one of the most mysterious aspects of the human brain. Scientists are still unable to explain why the newborn brain is so flexible, and why it changes so easily. One explanation is that the babies need to learn, therefore they have to literally keep an open mind. But a new study proposes another, more interesting reason.

The work was carried out by an international team of experts, featuring scientists from the Max Planck Institute for Dynamics and Self-Organization in Gottingen, the Schiller University in Jena, Germany, and the Princeton University, in the United States. The group argues that the reason why neural connections can be so easily broken and then retied at an early age is because the brain still has to grow. Their idea is detailed in the June 21 issue of the esteemed publication Proceedings of the National Academy of Sciences (PNAS), AlphaGalileo reports.

“This is an enormous achievement by the brain â€" undertaking such a restructuring while continuing to function. There is no engineer behind this conducting the planning, the process must generate itself,” MPI expert Wolfgang Keil, who has also been the lead author of the PNAS paper, explains. The new conclusions were reached by employing a combination of experiments, mathematical models and computer simulations, as well as animal models. The visual cortices of cats were primarily used for the work, given their similarity to the newborn brain. - source: Softpedia.com
#8500
Science and Research / Supertasters
June 24, 2010, 11:48:55 PM
Experts have known for a long time that people called supertasters have the ability to experience various flavors a lot more intensely than your average person. These individuals can taste bitter, salty and sour with increased proficiency, and a new study suggests that this may be one of the reasons why some people find it difficult to quit eating unhealthy food, LiveScience  reports. According to a new investigation, it would appear that the inability to give up eating lots of salt may be of hereditary origin, at least in part.

The new work was conducted by investigators at the Pennsylvania State University, who were led by study researcher and assistant professor of food science John Hayes. The expert explains that this group of people is at an increased risk of suffering from obesity and related conditions, mainly because most fast foods are extremely rich in salts. In fact, the vast majority of such snacks rely heavily on their salty taste to attract consumers. Therefore, if a person has an increased acuity to sensing salt, then he or she will be far more likely than others to purchase products that fulfill their needs.

But consuming large quantities of salt daily has negative effects on the human body, such as increased blood pressure, and elevated risk of stroke. The scientists behind the new investigation say that the job of federal regulators, to find a means of curbing the level of salts in foods, is very complex. One of the things that few people know about supertasters is that they unconsciously use the taste of salt in some foods for “masking” other tastes, such as bitter. - source: Softpedia.com