We are sorry, the requested page does not exist
Child sexual molestation
out qualified trafficking in persons under Republic Act 9208, as amended by RA 10364. This is the case of Betty, who is already separated from her husband and working abroad. Before their separation, Betty and her husband had a daughter, Annie......»»
Michigan reports first measles case since 2019 outbreak: What to know
Michigan health officials have confirmed the state’s first case of measles since the 2019 outbreak, with a child in Oakland County testing positive for the.....»»
Child witness
This is a case of child trafficking punishable under Republic Act 9208 and child abuse punishable by Republic Act 7610, where the main issue resolved is the credibility of the complaining witness who is only 14 years old......»»
Calinan rape victim FB friend of suspect
The Davao City Police Office (DCPO) has revealed that the 15-year-old victim of a recent rape case in Calinan was friends with the suspect on social media. The suspect, a 19-year-old, allegedly fetched the victim from her residence and took her to an inn in Calinan. The initial physical interaction between them was said to be transactional. The DCPO director, PCol. Alberto Lupaz, stated that the establishment where the incident occurred may face charges under Republic Act (R.A) 7610, which provides protection against child abuse and exploitation. According to the law, businesses involved in child trafficking or sexual abuse will be shut down and their licenses revoked. The victim has undergone medical and psychological examinations, while the suspect is currently detained in the Calinan Detention Facility, awaiting charges for violating R.A 8353......»»
Child trafficking
This is a case of child trafficking punishable under Republic Act (RA) 9208 and Child Abuse punishable under RA 7610. The main issue resolved here is the credibility of the complaining witness who is only 14 years old......»»
DoJ seeks Antipolo prosecutors help on student’s death probe
The Department of Justice has asked the Antipolo City’s Office of the City Prosecutor to help in the investigation with law enforcers on the case of a 14-year-old boy who died days after he was allegedly slapped by his teacher. The DoJ said that the autopsy to determine the cause of death of the Grade 5 student identified as Francis Gumikib last 2 October is ongoing and being conducted by the Philippine National Police Forensic Laboratory. Earlier, the DoJ — through the Committee on the Special Protection of Children — has already directed the OCP of Antipolo City to coordinate with law enforcement agencies on the investigation and case build-up on any offenses that may have been committed in relation to the death of and/or abuse perpetuated against the student. It also declared that it “condemns any act of violence and abuse perpetuated against our children.” “Child abuse in any form is an abhorrent violation of children’s rights and a crime that should never be tolerated,” said the DoJ. “Children, especially learners, deserve a safe and nurturing environment where they can grow, learn, and thrive without fear of abuse.” Meantime, the Commission on Human Rights is conducting an independent investigation into the death of the student as it also urged the government to establish and strengthen the legislative, administrative and social measures that will secure the children’s safety. “The Commission deplores all acts which pose threats to safeguarding the rights and dignity of children,” said the CHR in a statement. With Lade jean Kabagani The post DoJ seeks Antipolo prosecutors help on student’s death probe appeared first on Daily Tribune......»»
Adoption blues
Dear Atty. Shalie, Before I got married, a child was entrusted to my care by a good friend of mine. Without hesitation, I took the child as if she were my own and in fact, treated her, and has been publicly known, as my daughter. When I got married, my husband and I have agreed to legally adopt my daughter. However, before we even got to begin the adoption process, my husband and I found ourselves in some serious marital disputes and eventually, decided to separate ways. We both have contemplated on filing a petition for the annulment of our marriage. While going through this unfortunate process, I have also thought of filing the petition for adoption of my daughter, as I really want to protect her rights as my child. Will I be able to do this as a single petitioner, without the participation of my husband? Could I just merely get his consent, so I could proceed with the adoption? Gina Dear Gina, While adoption proceedings are primarily for the protection of the interest and welfare of the child to be adopted, the rules cannot be disregarded to suit the adoptive parents’ purpose or preferences. Being still married to your husband, your marriage is still subsisting despite your separation. In fact, you are not allowed to file the petition for the adoption of your child without being joined by your husband. The law is explicit, “husband and wife shall jointly adopt, except in the following cases: (i) if one spouse seeks to adopt the legitimate son/daughter of the other; or, (ii) if one spouse seeks to adopt his/her own illegitimate son/daughter provided, however, that the other spouse has signified his/her consent thereto; or (iii) if the spouses are legally separated from each other. From your narration, your case does not fall under any of the exceptions provided by law. As the child to be adopted is elevated to the level of a legitimate child, it is required of the spouses to adopt jointly. It will not be sufficient for your husband to simply give his consent to the adoption, as adoption will necessarily bestow parental authority unto the adoptive parents. Atty. Shalie LAZATIN-OBINQUE The post Adoption blues appeared first on Daily Tribune......»»
Proving filiation (2)
A scrutiny of the records would show that petitioners were born during their parents’ marriage. The certificates of live birth would also identify Danilo de Jesus as their father. There is perhaps no presumption of the law more firmly established and founded on sounder morality and more convincing reason than the presumption that children born in wedlock are legitimate. This presumption indeed becomes conclusive in the absence of proof that there is physical impossibility of access between the spouses during the first 120 days of the 300 days that immediately precede the birth of the child due to the following: (a) the physical incapacity of the husband to have sexual intercourse with his wife; (b) the fact that the husband and wife are living separately in such a way that sexual intercourse is not possible; or (c) serious illness of the husband, which absolutely prevents sexual intercourse. Quite remarkably, upon the expiration of the periods outlined in Article 170, and in proper cases Article 171, of the Family Code (which took effect on 03 August 1988), the action to impugn the legitimacy of a child would no longer be legally feasible, and the status conferred by the presumption becomes fixed and unassailable. Thus, applying the preceding pronouncement to the instant case, it must be concluded that the petitioner —who was born on 5 March 1945, or during the marriage of Alfredo Aguilar and Candelaria Siasat-Aguilar and before their respective deaths — has sufficiently proved that he is the legitimate issue of the Aguilar spouses. As the petitioner correctly argues, Alfredo Aguilar’s SSS Form E-1 (Exhibit “G”) satisfies the requirement for proof of filiation and relationship to the Aguilar spouses under Article 172 of the Family Code; by itself, said document constitutes an “admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.” Petitioner has shown that he cannot produce his Certificate of Live Birth since all the records covering the period 1945-1946 of the Local Civil Registry of Bacolod City were destroyed, which necessitated the introduction of other documentary evidence — particularly Alfredo Aguilar’s SSS Form E-1 (Exhibit “G”) — to prove filiation. It was erroneous for the CA to treat the said document as mere proof of open and continuous possession of the status of a legitimate child under the second paragraph of Article 172 of the Family Code; it is evidence of filiation under the first paragraph thereof, the same being an express recognition in a public instrument. To repeat what was stated in De Jesus, filiation may be proven by the admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned, and such due recognition in any authentic writing is, in itself, a consummated act of acknowledgment of the child, and no further court action is required. Relative to the said form of acknowledgment, the Court has further held that — given the pronouncements herein made, the Court sees it fit to adopt the following rules respecting the requirement of affixing the signature of the acknowledging parent in any private handwritten instrument wherein an admission of filiation of a legitimate or illegitimate child is made: Where the private handwritten instrument is the lone piece of evidence submitted to prove filiation, there should be strict compliance with the requirement that the same must be signed by the acknowledging parent; and Where the private handwritten instrument is accompanied by other relevant and competent evidence, it suffices that the claim of filiation therein be shown to have been made and handwritten by the acknowledging parent as it is merely corroborative of such other evidence. (To be continued) The post Proving filiation (2) appeared first on Daily Tribune......»»
Use of father’s surname, the child’s decision
The misdeeds or oversights of parents cannot and should not disgrace their children. It is for this basic precept that Philippine laws have granted non-marital children (formerly called “illegitimate” children) a myriad of rights akin to — if not totally similar — those of marital children (formerly called “legitimate” children). Notably, their appellation has been changed to a more appropriate description of their parents’ civil status at the time of their birth rather than the birth’s supposed “legitimacy.” Non-marital children are now permitted to carry their father’s surname upon compliance with requirements set by law and related regulations. While Article 176 of the Family Code of the Philippines provides non-marital children’s successional rights, Republic Act 9255, which took effect in 2004, boosted these rights by allowing them to use their father’s surname if their filiation has been recognized by the latter in accordance with some preconditions. The Philippine Statistics Authority or PSA, consequently, revised the implementing rules of RA 9255 in 2016 to better effectuate the wisdom of the law, especially considering the ruling of the Supreme Court in the case of Grace M. Grande v Patricio T. Antonio (G.R. No. 206248, 18 February 2014), which states that neither the father nor the mother is granted the right to dictate the surname of their non-marital children. Instead, the law gives non-marital children the right to decide whether or not they will use their father’s surname. Just recently, PSA issued Memorandum Circular No. 2023-14, which further revised the implementing rules, providing that prevailing rules shall have retroactive effect for all births occurring within or outside the Philippines where a Filipino is concerned. The Office of the Civil Registrar General also amended the same implementing rules through Administrative Order No. 1, series of 2023, so that existing laws and regulations about the use of non-marital children of the surname of their father shall apply to those born during the effectivity of the Family Code of the Philippines or from 3 August 1988 with (a) unregistered births and (b) registered births, where non-marital children use the surname of their mother. Considering these changes, should non-marital children prefer to use the surname of their father, there must exist an express acknowledgment by the latter of the former through any of the following: (a) affidavit of admission of paternity found at the back of the child’s certificate of live birth; (b) affidavit of acknowledgment; or (c) private handwritten instrument signed by the father with his express recognition of the child as his for the rest of his life. These documents shall be filed before the local civil registry where the birth is registered or, in case of unregistered births, where the child is born. Absent the express acknowledgment from the father, the non-martial child cannot use the father’s surname. How, then, is an admission of paternity filed? The father, mother, or non-marital child of legal age may file the affidavit of admission of paternity or affidavit of acknowledgement. In the case of a private handwritten instrument, the same should be personally filed by the father. If the father is deceased, the private handwritten instrument may be filed by the non-marital child, who is of legal age, or the non-marital child’s mother. Should the local civil registry find the requirements complete and without issue after review, the non-marital child’s new surname shall be annotated on the existing certificate of live birth; it shall not be supplied on the portion intended for the last name. The above rules do not include the assignment of a middle name for a non-marital child. An additional Supplemental Report should be filed to supply the child’s middle name on the certificate of live birth. It must be remembered, however, that the non-marital children’s use of the surname of their father does not necessarily make them marital children in legal contemplation — it plainly permits them to publicly use such surname, e.g., in their identity documents like passport, school and employment records, and other documents. There is a separate process for the conversion of a child’s status from non-marital to marital called legitimation. *** For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Use of father’s surname, the child’s decision appeared first on Daily Tribune......»»
Eastern Visayas alarmed over rising HIV cases
PALO, Leyte — At least two cases of human immunodeficiency virus or HIV infection were recorded in Eastern Visayas in June, the highest number in a single month since the first HIV case hit the country in 1984. However, local health officials said they anticipated the spike in confirmed HIV cases since the region acquired its own testing laboratory last May 2023. Medical technologist Antonietta Diloy, manager of National AIDS and STI Prevention and Control Program at the Department of Health in Region 8 said that 76 cases of new HIV infection were recorded in June, surpassing the previous high of 60 cases recorded in April this year. “We have strengthened our advocacy campaign resulting in more people being tested,” Diloy said, adding that rural health units in different municipalities are now equipped with enough allocation of testing kits which are readily accessible and available for those who want to be tested. Among the provinces and independent cities in Eastern Visayas, Leyte recorded the highest number with 39 new cases spread in 18 municipalities; Ormoc City with 12 cases; Tacloban City with nine; Samar and Southern Leyte with eight new cases each; seven in Eastern Samar with seven and two in Biliran. Diloy disclosed that the 76 new cases in June were 230 percent higher than the cases of the previous month of May that recorded 23 cases. She said reporting of HIV cases normally gets late due to the rigorous validation of data. Data from the Regional Epidemiology and Surveillance Unit of DoH-8 shows that 68 of the 76 new cases were male and eight were female. It also revealed that the majority of the cases were transmitted mainly through sexual contact with 59 percent between males, 23 percent by males having sex with both males and females, and 16 percent through heterosexual contact. Two infants contracted HIV through mother-to-child transmission. DoH-8 regional information officer Jelyn Malibago, meantime, said that with the new equipment to conduct confirmatory testing for HIV, the agency is conducting trainings to expand the pool of individuals who can do pre and post counselling for those who undergo testing. She added that the agency targets to test one percent of the population for HIV as the new testing equipment shortened the turnaround time from two to three weeks when specimens were still sent to San Lazaro Hospital in Manila to only one to three days with the test being conducted at Eastern Visayas Medical Center. The post Eastern Visayas alarmed over rising HIV cases appeared first on Daily Tribune......»»
Lawyer disbarred after refusing child support
The Supreme Court has disbarred a lawyer after refusing to provide child support. The high bench said the protection of women and children extends to the cleansing of the ranks of lawyers with the audacity to evade the duty to support one’s family and who violate court directives, including those who unlawfully conceal properties beyond the reach of their families and the courts. Sitting en banc, the Supreme Court in a Per Curiam Decision, imposed the supreme penalty of disbarment on then Atty. Wilfredo A. Ruiz for economic and emotional abuse; gross immorality; committing falsehood and exploiting court processes; unduly delaying a case; impeding the execution of a judgment; and misusing court processes. In 2008, AAA sued her husband, then Atty. Ruiz, for violation of Republic Act 9262, or the Anti-Violence Against Women and Their Children Act (AntiVAWC Law). AAA accused Ruiz of inflicting on her physical violence, emotional stress, and economic abuse by depriving her and her children of support. She also applied for a Permanent Protection Order granted by the Pasig City Regional Trial Court granted the PPO, which included a directive to Ruiz to provide AAA and their children, BBB and CCC, support equivalent to 50 percent of his income. His employers were thus directed to withhold and automatically remit directly such amount to AAA. Despite the said directive in the PPO, however, Ruiz still failed to provide for his family. This prompted AAA to enforce the PPO, resulting in the issuance by the RTC of a writ of execution in 2013. But Ruiz continued to refuse to provide support even with the writ of execution from the RTC. The RTC also had difficulty enforcing the writ of execution as Ruiz could not be found on the five different addresses he provided the Court. Ruiz also attempted to hide his earnings and properties by executing an agreement with Radelia C. Sy, a woman he was living in with as his common-law spouse. The post Lawyer disbarred after refusing child support appeared first on Daily Tribune......»»
British nurse jailed for killing seven babies lodges appeal
A British nurse jailed for life for murdering seven newborn babies and attempting to kill six others has lodged a legal bid to appeal her conviction, court officials said Friday. Staff at the Court of Appeal of England and Wales, confirmed an application had been received from Lucy Letby for permission to appeal against all her convictions. Applications for permission to appeal against a lower crown court decision are typically considered by a judge without a hearing. If this is refused, permission can still be sought at a full court hearing before two or three judges. Letby, 33, was convicted last month of killing five baby boys and two baby girls, making her the UK's most prolific child serial killer in modern history. She was arrested following a string of deaths at the neonatal unit of the Countess of Chester Hospital in northwest England between June 2015 and June 2016. She consistently denied all the charges. The jury in Letby's months-long trial cleared her of two counts of attempted murder and were unable to reach decisions on six other counts. Prosecutors are expected to confirm whether or not they will seek a re-trial on those charges next week. The government has announced an independent inquiry into her shocking case to examine how the concerns of clinicians were dealt with by the Chester hospital managers. The post British nurse jailed for killing seven babies lodges appeal appeared first on Daily Tribune......»»
Heaven, NAIA mess, easy way out
Dear Editor, Who wants the Ninoy Aquino International Airport or NAIA to remain one of the worst airports in the world? Nobody. But who sells or disowns his child just because the child is problematic? Nobody either, except the loveless and crazy. The Marcos Jr. administration has just formally kicked off the sale of NAIA to the private sector. But for unknown, real/deeper sense and repercussion, what does this mean? Letting one’s knee touch the canvas during a boxing matchup means surrender. Alas, this is exactly what the government tries to do in pushing its knee hard to the floor. Or in doggedly pushing to privatize the “helplessly” beleaguered NAIA. It is the way to “solve” the mess at the country’s premiere airport, or so they thought. But what is the use of government if it can’t compete with the private sector in efficiency, governance, and modernization? What can private people do that public officials can’t, with all the yearly budget (in trillions of pesos) at their disposal? Cryptic. Hindi ba gobyerno pa nga ang dapat magpakita ng pinakamagaling, pinakamoderno at pinakamagandang halimbawa para sa lahat sa bansa (Shouldn’t the government be the one to show the best, most modern and best example for everyone in the country) to serve as a standard/benchmark for excellence? If a government can’t set the right example for everyone, then how can its people expect something good to come out of it? There is more than meets the eye to all these NAIA brouhahas/shenanigans. The main challenge lies in our officials’ capability, effectiveness, and wisdom in solving the ongoing issues at NAIA. What sane reason does the Department of Transportation and Communication (or Malacañang) have to privatize NAIA? Are they admitting that the private sector or business people are better off than them in the area of managing and administering? If that’s the case, then Filipinos would do well to have these private people take over every single office in the government. Or could there be something behind the “privatization” move that only those behind are aware of? Given the ever-escalating prices of rice and other agricultural/local products, the needless importations, the unabated smuggling, and the hoarding that causes artificial shortages of rice, sugar, salt, onion, meat products, etc., in the market, would it be bad to suggest that we privatize the Department of Agriculture, following the government’s touted line of thinking in wanting to privatize NAIA? Easy, lazy way out. Time to break the cycle, this vicious cycle of “privatization,” lest Filipinos someday find the entire country privatized “wisely”. Easy, lazy way out. I had a wonderful experience of government efficiency on 30 August 2023, when I went to the central office of the Philippine Statistics Authority along East Avenue to get an authenticated birth certificate. I thought I wouldn’t be able to do my purpose anymore because I came very late due to the rain and heavy traffic. But I got the surprise of my life, having found the PSA staff (including the guards) very accommodating and friendly, quick to respond. The processing of papers was highly systematic, cogent, instantaneous, and ingenious. The counters and machines, and the whole big, wide people area were well arranged and ventilated. Admirable. I arrived at 4:30 pm and I left at 4:50 p.m., with my authenticated birth certificate. Wonderful. No delays, hassles or inconvenience. And no exaggeration. For the first time, I felt like I was in heaven — inside a government office, unbelievably. True to its motto, the PSA is “Solid. Responsive. World-class.” You can do it (Philippians 4:13) at NAIA and elsewhere, dear government. But do away with privatization. Reni M. Valenzuela renivalenzuelaletters@yahoo.com The post Heaven, NAIA mess, easy way out appeared first on Daily Tribune......»»
Orphanage executive faces more raps
A fourth criminal case was filed yesterday against the executive director of the private orphanage Gentle Hands Inc. before the Quezon City prosecutor’s office, this time for violation of Republic Act 11642 or the Domestic Administrative Adoption and Alternative Child Care Act of 1998......»»
‘You are supposed to preserve life’: Hontiveros slams PNP over Jemboy Baltazar’s death
A Senate panel on Tuesday tackled the recent killing of Jerhode Jemboy Baltazar by six members of the Navotas Police Station. During the hearing, Senator Risa Hontiveros slammed the actions of members of the Philippine National Police who are supposed to protect citizens from harm and any type of danger. Hontiveros questioned why the PNP allowed members of the Special Weapons And Tactics Philippines or SWAT team as well as their intelligence service to conduct the operation against the unarmed 17-year-old Baltazar, who later on turned out to be the victim of mistaken identity. Hontiveros likewise lambasted the police officers for leaving the victim’s body after shooting him dead, saying their act was a violation of PNP policies. “Sirs, you are supposed to preserve life, not take it,” she said. Hontiveros chided the PNP for filing only reckless imprudence resulting in homicide cases against the involved policemen. “Parang ang lumalabas, aksidente lang ang nangyari, na walang intensyong pumatay nang pinaulanan nila ng bala ang bata (It appears that it was just an accident, that there was no intention to kill when they rained bullet on the child). I want to know the reasoning behind filing such a case. 'Yang lahat-lahat na yan, yan na ba ang sinasabing new era of policing? (All these, is this what's called the new era of policing?), ” she stressed. Senator Ronald “Bato” Dela Rosa said the chamber’s hearing seeks clarification on the status of administrative and criminal cases involving PNP personnel involved in shooting incidents during police operations. “Similar to all our other hearings, we are here not to point fingers nor to determine the guilt or innocence of anyone, but we will focus on the three policy considerations,” he said. Dela Rosa said the Navotas police officers involved breached the PNP’s rules of engagement. The Senate panel is looking at whether the PNP guidelines on the use of body-worn cameras were strictly followed, and if there are sufficient training programs being conducted by the PNP to ensure that their personnel are, at all times, knowledgeable with policies and procedures on police operations. The post ‘You are supposed to preserve life’: Hontiveros slams PNP over Jemboy Baltazar’s death appeared first on Daily Tribune......»»
Fear no China
One could find reason to disagree with the view that a warship of the Philippine Navy at Ayungin Shoal had been deliberately run aground as a “symbol of Philippine sovereignty over that area.” The ongoing word war between Beijing and Manila only strains diplomatic relations and bilateral cooperation through confrontational media hype over deference to China as the “natural leader of the Third World.” A few well-defined observations may be drawn and serious questions may be raised. China’s averment of the Philippines’ commitment to remove the BRP Sierra Madre, beached the past 24 years, and the latter’s refusal since it never expressed any commitment to do so only aggravates the growing tension that has hogged the headlines recently and instilled an ideological clash of world views. Wasn’t there a “bilateral code of conduct” signed to put to rest such a dispute or conflict, at least in the case of Mischief Reef? Call to mind that in November 1995, Chinese President Jiang and President Fidel V. Ramos, on the sidelines of the Asia-Pacific Economic Cooperation meeting in Osaka, reportedly discussed the joint development of marine resources in the disputed regions. Ramos also proposed an “interim solution” where “each littoral state assumes stewardship over the sea closest to it without prejudice to the sovereignty claims.” In fact, when a new Visiting Forces Agreement with the United States was signed in 1999, the Philippines practically shelved its plans to strengthen its fortifications in the Spratlys. Whereas China would want the Sierra Madre removed to bring Ayungin Shoal back to its unoccupied state, an irreverent National Security Council official only amplified the rhetoric by saying that such removal is tantamount to “abandoning our sovereign rights and jurisdiction over West Philippine Sea.” It must invite a congressional review as to whether or not — using the same ploy at Scarborough Shoal — another Philippine Navy ship (LST 507) was towed away when the China Coast Guard made a veiled threat to blow it up. It becomes understandable why the China Coast Guard that monitors its claim over the South China Sea deems in accordance with “maintaining China’s ‘national face’ on the world stage” its response to Philippine vessels on a resupply mission to the Sierra Madre. China also believes that the “introduction of third-party forces will only complicate the situation,” its reference to the G7 (US, UK, Japan, Australia, Canada, France, Germany) — consequent to President Benigno Aquino’s unilateral move “to humiliate China before the global public.” Note that Chinese nationalism cannot be undermined as the prime mover behind its tough stance against “recalcitrant neighbors” (e.g. Vietnam). The truth is that we failed to reach a level of “bilateral harmony” with China’s rise, a thing that Malaysia has done so effortlessly. If scholars are to be believed, the dynamics in play differ, viz., Malaysian politicians aim at giving face to China while Filipino politicians actively aim at destroying China’s public image to the pitch of a “global flashpoint.” Still, it’s best not to miss the forest for the trees. It sounds like a child’s game for the country’s national security official to unabashedly dismiss as a “figment of the imagination” the statement made by China’s envoy of a purported Philippine commitment to tow its grounded navy vessel from Ayungin. The dilapidated hulk is in a dismal state — gaping holes, corroded decks, unseaworthy, even worse than a decommissioned ship. How can you call that a “symbol of Philippine sovereignty?” Wherever these unfolding developments lead, the absolute fact remains that there is no single navy, marine, or soldier that the China Coast Guard has killed. If the Sino-Malaysian relationship resulted in highly profitable bilateral relations over the past four decades, why don’t we reconfigure Philippine threat perceptions of China precisely “to deny any external power’s hegemonial grip on the regional order,” as scholars suggest? Ought we follow what Brantly Womack describes as the “positive equilibrium between asymmetrical neighbors,” as well as Malaysia did? Perhaps let’s write new laws, draw new maps, then build installations over our territorial claims?” The post Fear no China appeared first on Daily Tribune......»»
Child pneumonia overlooked as cases surge in post-COVID era — experts
Health experts warned that pneumonia case could rise this year because of the more relaxed COVID-19 protocols and low vaccine utilization. .....»»
‘I miss the sun’: Journalist detained in China issues rare message
Jailed Chinese-Australian journalist Cheng Lei has described the bleak conditions she faces in detention in a rare public message released on Thursday ahead of the third anniversary of her imprisonment by Beijing. "I miss the sun," reads the message, described as a "love letter" to Australia dictated to officials on a consular visit. "In my cell, the sunlight shines through the window but I can stand in it for only 10 hours a year." The message was shared with Australian news outlets and on the social media platform X by Cheng's partner, Nick Coyle, on Thursday evening. Cheng, a former anchor for Chinese state broadcaster CGTN, is formally charged with "supplying state secrets overseas", though no further details have been supplied. Her detention came as relations between Australia and China cratered, raising speculation it was politically motivated. Last year Coyle said he had serious concerns about a "range of health issues" Cheng faced behind bars. In Thursday's poignant message, the mother of two said she hadn't seen a tree in three years and spoke of her longing for Australia and the outside world. She said her bedding in jail was only taken out to air once a year. "When it came back last time, I wrapped myself in the doona (quilt) and pretended I was being hugged by family under the sun," the message read. "Most of all I miss my children," it ended. Cheng has been detained since August 2020 but was only formally arrested in February 2021. She was tried last March behind closed doors, with even Australia's ambassador to China blocked from entering the court to observe proceedings. The court deferred the verdict and Cheng's sentence, which could extend to life in prison. "She has missed her daughter going to high school. Her parents aren't getting any younger and Lei is their only child. So time is getting more and more precious," the Sydney Morning Herald quoted Coyle as saying on Thursday. Last month Australia's foreign minister said she had again raised Cheng's case when she met China's top diplomat Wang Yi on the sidelines of an ASEAN summit in Jakarta. Ties between the two sides have been improving since the election of Australia's center-left Labor government in May last year. Last week, China announced it was removing extra tariffs on Australian barley imposed in 2020 at the height of the dispute. The post ‘I miss the sun’: Journalist detained in China issues rare message appeared first on Daily Tribune......»»
Australian man charged with sex crimes against 91 young girls
An Australian former childcare worker sexually abused 91 young girls in a "chilling" spate of crimes across 15 years, police said Tuesday after charging him with 1,623 separate offenses, including rape. Seasoned detectives have described it as one of Australia's "most horrific" child sex abuse cases, with a scale of offenses "beyond the realms of anyone's imagination". "I know this news will seem unfathomable, and I know there will be many questions," said Assistant Federal Police Commissioner Justine Gough. "There is not much solace I can give to the parents and children who have been identified," she added. Included within the 1,623 charges are 136 counts of rape, 110 counts of sexual intercourse with a child younger than 10 -- a charge used instead of rape in some Australian jurisdictions -- and 613 counts of making child pornography. Investigators have been hunting for the 45-year-old man since discovering a cache of child pornography photos and videos being shared on the dark web in 2014. But their efforts had been mostly fruitless until they made an unexpected breakthrough in August last year -- matching visual clues in the background of the material to a childcare center in the city of Brisbane. While the man was initially charged with just three offenses, Gough said the gravity of his "heinous" alleged crimes emerged as police sifted further through his computer and phone. Police believe the man filmed or took pictures of "all" his alleged crimes -- and eventually cataloged more than 4,000 photos and videos of abuse. New South Wales Assistant Police Commissioner Michael Fitzgerald said it was one of the most horrific cases he had ever seen. "It's beyond the realms of anyone's imagination what this person did to these children," he said. "I can only say, you try not to be shocked after a long period of time in the police, but this is a horrific case." Young girls targeted Police said the abuse happened at 10 different childcare centers between 2007 and 2022 and exclusively targeted "prepubescent girls" -- some as young as one year old. While 87 of the 91 victims were from the Australian states of Queensland and New South Wales, police believed four other unidentified children were abused while the man worked overseas for a brief spell between 2013 and 2014. Police said they were now working with international crime agencies to find those children, without revealing which country they were targeting. "We have been working tirelessly since August last year to identify the children in the alleged child abuse material," Gough said. Police said the man had passed the stringent series of background checks needed to work at childcare centers in the states of Queensland and New South Wales. Queensland's Acting Assistant Police Commissioner Col Briggs said detectives had first been tipped off in 2021, but had been hamstrung by a lack of evidence. "There was insufficient evidence to take action against any person based on evidence available at the time," he said. Given the sheer volume of child abuse material that needed to be documented, a dedicated task force of about 35 staff was called in to work on the investigation. The man, who has not been named by police, is scheduled to face court in Queensland on August 21. Once those proceedings are finished, he will be extradited to New South Wales to face further charges. The post Australian man charged with sex crimes against 91 young girls appeared first on Daily Tribune......»»
Child as witness
Dear Atty. Chris Liquigan, There was a recent incident here in our place and the only witness is a child — a minor. Is it possible for a minor to be a witness? Thanks. Jeirry *** Dear Jeirry, To straightly answer, yes, the child is qualified to be a witness. Administrative Action 004-07-SC of 21 November, 2000 specifically states that all children are considered eligible witnesses, subject to the court’s assessment of the child’s competence. Further, Rule 130 of the Rules of Court specifically states that all persons who are aware of and able to convey their recognition to others are eligible as witnesses. “Section 20. Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses. xxx” (Emphasis supplied) To strengthen the above legal provisions, the Supreme Court has filed the case of Filipino Nationals v. Gregorio Hermosa et al. (GR 131805, 7 September 2001), written by Chief Justice Reinat Puno, states: “In the new Child Witness Rule, every child is presumed qualified to be a witness. To rebut this presumption, the burden of proof lies on the party challenging the child’s competence. Only when substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court will the court, motu proprio or on motion of a party, conduct a competency examination of a child.” Hope this helps. Atty. Chris Liquigan The post Child as witness appeared first on Daily Tribune......»»