Chilean education drama in case of pandemic spreads worldwide with Associated Press article | Special
Marcela Garcia attends a science class sitting on a three-cushioned chair in her dining room In the capital of Chile while many of its students.....»»
Catch-up Fridays eased for teachers
JENIELITO "Dodong" Atillo, spokesperson of the Department of Education (DepEd-Davao), clarified during the AFP-PNP press conference held on Wednesday morning, March 27, 2024, at the Royal Mandaya Hotel, that the implementation of “Catch-up Fridays” has been streamlined to alleviate any perceived burden on teachers......»»
WWDC 2024 Will Include In-Person Special Event at Apple Park
Apple Shakes Things Up with Virtual WWDC Event In a surprising move, Apple announced that it will not be holding its traditional in-person Worldwide Developers.....»»
SC allows UN expert to act as friend of the court in Maria Ressa s cyber libel plea
Irene Khan, United Nations (UN) Special Rapporteur for freedom of expression and opinion, has been allowed by the Supreme Court (SC) to sit as an "amicus curiae" to the court in the appeal for the cyber libel case of Rappler.com chief executive officer Maria Ressa and former researcher Reynaldo Santos......»»
Scorching schools: How heat worsens conditions of poor students in PH
[This is the second and last part of a special report on how extreme heat in 2023 impacted the education sector in the Philippines. Click here for the first part.] CEBU CITY, Philippines – The same analysis by Cebu Daily News Digital (CDN Digital) showed that even private schools, which usually have better facilities and.....»»
TURNING POINT: Quo Vadis Legislative Inquiries
NAAWAN, Misamis Oriental (MindaNews / 20 February) – The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with Section 21, Article VI of the 1987 Constitution. The filing or pendency of a case before any court, tribunal or quasi-judicial or administrative body […].....»»
Ineffective deed
Under Article 1332 of the Civil Code, there is a presumption of fraud or mistake in the execution of a document if the person who executed it is illiterate. But can such presumption be overcome? If so, how can it be overcome? This is answered and explained in this case......»»
Haiti leader’s killer gets life sentence
A United States court on Friday sentenced to life in prison a retired Colombian military officer suspected as the leader of a mercernary group that assassinated Haiti’s president in 2021. The US says it has jurisdiction in the case because it alleges the plot to kill president Jovenel Moise was hatched in part in the country. German Rivera, considered one of the leaders of the mercenary squad that shot and killed Moise in his residence outside Port au Prince, appeared before Judge Jose Martinez to hear the sentence. Rivera, a retired captain, pleaded guilty last month to taking part in the plan. On Friday, dressed in brown prison garb, with his feet and wrists bound, Rivera passed on an opportunity to address the Miami court before the sentence was read out. He was the second person convicted in the US over the assassination, which plunged Haiti -- already plagued by poverty, gang violence, natural disasters, epidemics and a weak government — further into crisis. In June, another member of the conspiracy, Haitian-Chilean Rodolphe Jaar, pleaded guilty and was sentenced to life in prison for his role in supplying weapons to carry out the assassination. The 53-year-old Jovenel was gunned down on 7 July 2021 at his private residence by a hired group of about 20 military-trained Colombians. His security detail did not intervene to protect him. In February, US Attorney Markenzy Lapointe told a new conference that underlying the attack on Jovenel was a lust for money and power. Lapointe said two managers of a Miami security firm, CTU, devised a plan to kidnap Moise and replace him with Christian Sanon, a Haitian-American citizen who wanted to become president of the Caribbean country. In exchange for toppling Moise, they were promised lucrative contracts to build infrastructure and provide security forces and military equipment in a future government led by Sanon, also indicted in the US, prosecutors said. The plot at first was aimed at kidnapping Moise, but then evolved to assassination, according to court filings. In Haiti a probe into the assassination has not led to anyone being put on trial. WITH AFP The post Haiti leader’s killer gets life sentence appeared first on Daily Tribune......»»
Colombian gets life sentence in US over killing of Haiti’s president
A US court sentenced a retired Colombian military officer to life in prison for his role in the assassination of Haiti's president in 2021. The United States says it has jurisdiction in the case because it alleges the plot to kill President Jovenel Moise was hatched in part in the US. German Rivera, considered one of the leaders of the mercenary squad that shot and killed Moise in his residence outside Port au Prince, appeared before Judge Jose Martinez to hear the sentence. Rivera, a retired captain, pleaded guilty last month to taking part in the plan. On Friday, dressed in brown prison garb, with his feet and wrists bound, Rivera passed on an opportunity to address the court before the sentence was read out. He was the second person convicted in the United States over the assassination, which plunged Haiti -- already plagued by poverty, gang violence, natural disasters, epidemics, and a weak government -- further into crisis. In June, another member of the conspiracy, Haitian-Chilean Rodolphe Jaar, pleaded guilty and was sentenced to life in prison for his role in supplying weapons to carry out the assassination. The 53-year-old Jovenel was gunned down on 7 July 2021 at his private residence by a hired group of about 20 military-trained Colombians. His security detail did not intervene to protect him. In February, US Attorney Markenzy Lapointe told a new conference that underlying the attack on Jovenel was a lust for money and power. Lapointe said two managers of a Miami security firm, CTU, devised a plan to kidnap Moise and replace him with Christian Sanon, a Haitian-American citizen who wanted to become president of the Caribbean country. In exchange for toppling Moise, they were promised lucrative contracts to build infrastructure and provide security forces and military equipment in a future government led by Sanon, also indicted in the United States, prosecutors said. The plot at first was aimed at kidnapping Moise, but then evolved to assassination, according to court filings. In Haiti a probe into the assassination has not led to anyone being put on trial. Haiti has spiraled into deeper chaos since Moise's death. No election has been held and he has not been succeeded. Gangs control around 80 percent of the Haitian capital, and violent crimes such as kidnappings for ransom, armed robbery and carjackings continue to escalate in the impoverished Caribbean nation. The post Colombian gets life sentence in US over killing of Haiti’s president appeared first on Daily Tribune......»»
Retirement Pay Law
Dear Atty. Joji, My Dad has been a part-time faculty member of a well-known university since the 1980s. At 65, the age of retirement, he claimed, in accordance with Republic Act 7641, otherwise known as the New Retirement Pay Law, retirement benefits after two decades of employment and service. However, the university denied my dad’s claim for retirement benefits because only full-time permanent faculty of the said university is entitled to said benefits pursuant to university policy and the CBA. Since my dad has not been granted retirement benefits under any agreement with or by a voluntary act, can my dad claim retirement benefits by mandate of any law? Cedrick Dear Cedrick, RA 7641 or the Retirement Pay Law shall apply to all employees in the private sector, regardless of their position, designation or status and irrespective of the method by which their wages are paid. They shall include part-time employees, employees of service and other job contractors and domestic helpers or persons in the personal service of another. The law does not cover employees of retail, service and agricultural establishments or operations employing not more than 10 employees or workers and employees of the national government and its political subdivisions, including government-owned and/or controlled corporations, if they are covered by the Civil Service Law and its regulations. Moreover, in the case of De Lasalle Araneta University vs Bernardo, G.R. 190809, the Supreme Court ruled: “For the availing of the retirement benefits under Article 302 [287] of the Labor Code, as amended by Republic Act 7641, the following requisites must concur: (1) the employee has reached the age of 60 years for optional retirement or 65 years for compulsory retirement; (2) the employee has served at least five years in the establishment; and (3) there is no retirement plan or other applicable agreement providing for retirement benefits of employees in the establishment. It is a settled rule of statutory construction that the express mention of one person, thing, or consequence implies the exclusion of all others. The rule is expressed in the familiar maxim, expression unius est exclusio alterius. Bernardo — being 75 years old at the time of his retirement, having served DLS-AU for a total of 27 years, and not being covered by the grant of retirement benefits in the CBA — is unquestionably qualified to avail himself of retirement benefits under said statutory provision; equivalent to one-half month salary for every year of service, a fraction of at least six months being considered as one whole year. The rule of expressio unius est exclusio alterius is formulated in a number of ways. One variation of the rule is the principle that what is expressed puts an end to that which is implied. Expressum facit cessare taciturn. Thus, where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters.” Hope this helps. Atty. Joji Alonso The post Retirement Pay Law appeared first on Daily Tribune......»»
Retroactive application of Family Code
Married before the effectivity of the Family Code, and fear you cannot nullify your marriage based on the grounds provided therein? Fret not, the Supreme Court has reiterated in a recent case that the Family Code, which took effect on 03 August 1988, shall be given retroactive effect unless vested or acquired rights under relevant laws will be prejudiced or impaired. According to Arthur Candelario v. Marlene Candelario and Office of the Solicitor General (G.R. No. 222068, 25 July 2023), psychological incapacity as a ground to nullify marriage under Article 36 of the Family Code can be applied to the marriage contracted on 11 June 1984 by the parties in this case. Article 256 of the Family Code explicitly provides that the law, including its provision on psychological incapacity, shall have retroactive effect. As such, the ruling of the lower court that the marriage cannot be nullified under Article 36 of the Family Code as the law only became effective after the parties’ marriage was set aside. The Supreme Court also stressed that Republic Act No. 8533 has amended Article 39 of the Family Code, which previously distinguished between marriages solemnized before and after its effectivity. Art. 39 now provides that the action or defense for the declaration of the nullity of marriage shall not prescribe, without distinction, whether the marriage was solemnized before or after the effectivity of the Family Code. A plain reading of the law even shows that nowhere in Art. 36 is it stated that the same may not be applied to marriages celebrated prior to the effectivity of the Family Code. It is basic in statutory construction that where the law is not ambiguous, the Court may not introduce exceptions or conditions where none is provided. Likewise, deliberations of the Family Code Revision Committee show that the same issue was considered, and the retroactive application of Art. 36 was voted upon. Jurisprudence is replete with the same pronouncements, such as Chi Ming Tsoi v. Court of Appeals (1997), Republic v. Molina (1997), Republic v. Enclean (2013), and Republic v. De Gracia (2014). The Court cited the Comment of the Office of the Solicitor General in this case — that any ruling to the contrary discriminates against married couples for no reason other than having the misfortune of getting married before the enactment of the Family Code. All persons can be afflicted with a psychological disorder resulting in incapacity to perform marital obligations. As such, the issue must not focus on when the parties invoking the nullification contracted the marriage, but on whether the requirements of psychological incapacity under the law are present. In this case, while the Court agreed that Art. 36 may be applied, it negated the finding that the husband was psychologically incapacitated to comply with his essential obligations in marriage. Following the same, what is indeed essential in these cases is proving the existence of psychological incapacity, in which gravity, incurability, and juridical antecedence must be established. 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 Retroactive application of Family Code appeared first on Daily Tribune......»»
Criminal case filed vs Pura Luka Vega
A criminal charge has been filed against Pura Luka Vega by the Kapisanan ng Social Media Broadcasters ng Pilipinas Inc. for their controversial “Ama Namin” performance posted on social media in July. Leo Alarte of the KSMBPI submitted their organization’s complaints to the Pasay City Prosecutor’s Office on Monday. The case filed by the group was in connection with violation of Article 133 of the Philippine Constitution, which talks about “offending religious feelings,” as well as Section 6 of Article 201 of the Revised Penal Code in relation to the Cybercrime Prevention Act of 2012. The group said the complaints were in relation to Pura’s controversial “Ama Namin” performance, which the group described as “pambabastos sa Panginoon.” The KSMBPI said they were hurt by Pura Luka Vega’s Ama Namin performance, especially since the Philippines is among the Christian countries of the world. To recall, Pura was arrested and was held under the custody of the Manila Police District Station 3 in Quiapo, Manila, after the devotees of the Black Nazarene, Hijos del Nazareno, filed a complaint. Pura was released after posting bail after three days of being incarcerated. He expressed surprise to be served the arrest warrant as they did not receive the subpoena summoning them to court. They said the document was delivered to another address. Pura also reiterated that their “Ama Namin” performance was not meant to be disrespectful to people of faith. The post Criminal case filed vs Pura Luka Vega appeared first on Daily Tribune......»»
Attack on Phl would elicit U.S. response — State Dep’t
The United States warned on Monday that any armed attack on Philippine armed forces and Philippine Coast Guard civilian vessels could trigger its 72-year-old Mutual Defense Treaty with the Philippines. “The United States reaffirms that Article IV of the 1951 US-Philippines Mutual Defense Treaty extends to armed attacks on Philippine armed forces, public vessels, and aircraft — including those of its Coast Guard — anywhere in the South China Sea,” the US Department of State said in a statement. The statement came a day after a China Coast Guard ship collided with a Philippine resupply vessel that was conducting a routine resupply mission at Ayungin Shoal. During the same resupply mission, a Chinese maritime militia vessel also bumped the BRP Cabra, one of the PCG ships that were escorting the boat contracted by the AFP. Defense Secretary Gilbert Teodoro Jr. said the collisions, which President Ferdinand Marcos Jr. ordered investigated by the PCG, were “intentional.” For its part, the Philippines’ Department of Foreign Affairs said further study is needed to invoke the MDT due to the incident. “The matter of filing another case is something that is still being studied by the government. But, of course, all incidents like these will actually bolster the case that it is not the Philippines that is the aggressor but the other party, which is China,” DFA spokesperson Teresita Daza said. “It’s a provocation on the side of China but at this point, whether it will constitute an armed attack that would allow the invoking of the MDT is something that needs to be studied,” she added. The Philippines and the US agreed under the MDT, signed in 1951, that an armed attack on either of the parties would be considered an attack on the other, necessitating common or joint actions. Ambassador summoned The Philippines on Monday summoned China’s Ambassador to the Philippines, Huang Xilian, to explain the “blocking maneuvers” conducted by its vessels. China has insisted on its territorial rights over the Ayungin Shoal, also known as Second Thomas Shoal, which is in the Philippines’ exclusive economic zone. Swarms of CCG ships and Chinese maritime militia vessels had been monitored in the WPS, which Philippine officials said was a blatant disrespect of the 2016 Arbitral Award on the South China Sea. In July 2016, the Philippines won the arbitral case it lodged against China in the Permanent Court of Arbitration. The US said it stands with the Philippines in the face of China’s “dangerous and unlawful actions obstructing” a 22 October resupply mission to Second Thomas Shoal in the South China Sea. “By conducting dangerous maneuvers that caused collisions with Philippine resupply and Coast Guard ships, the PRC Coast Guard and maritime militia violated international law by intentionally interfering with the Philippine vessels’ exercise of high seas freedom of navigation,” the US State Department said. “The PRC’s (People’s Republic of China) conduct jeopardized the Filipino crew members’ safety and impeded critically needed supplies from reaching service members stationed on the BRP Sierra Madre. Obstructing supply lines to this longstanding outpost and interfering with lawful Philippine maritime operations undermines regional stability,” it added. Citing the 2016 arbitral ruling on the South China Sea, the US noted that China’s territorial claims to Ayungin Shoal, a low-tide elevation outside the territorial sea of another high tide feature, were unfounded. Unsafe moves “The unsafe maneuvers on 22 October and the PRC water cannoning of a Philippine vessel on 5 August are the latest examples of provocative PRC measures in the South China Sea to enforce its expansive and unlawful maritime claims, reflecting disregard for other states lawfully operating in the region,” the State Department stressed. Aside from the US, Japan, France, Canada, Australia and Germany also condemned China’s aggressive actions in the West Philippine Sea. In a separate statement, Canada condemned what it described as “unlawful and dangerous conduct” of the People’s Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine exclusive economic zone, in the vicinity of Ayungin Shoal.” “The PRC’s actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region, and increase the risk of miscalculation,” it added. France, Japan, Germany, too France expressed its “deep concern” over the dangerous maneuvers of the CCG against Philippine vessels “engaged in the Philippine exclusive economic zone.” “France calls for respect of the freedom of navigation guaranteed by international law and recalls its attachment to the United Nations Convention on the Law of the Sea and the decision rendered by the Arbitral Court on 12 July 2016,” the Embassy of France to the Philippines said. Japan, likewise, stressed that it was “seriously concerned” and “alarmed” about the collision of Chinese vessels with Philippine vessels. “Seriously concerned about and alarmed by the collision between Chinese and Philippines vessels,” Japanese Ambassador to the Philippines Koshikawa Kazuhiko said in a tweet. Koshikawa said Japan “strongly opposes any unilateral attempts to change the status quo by force or coercion.” “Germany is very concerned about recent confrontations in the SCS involving Chinese coast guard ships and maritime militia vessels in the exclusive economic zone of the Philippines,” German Ambassador to the Philippines Andreas Pfaffernoschke said in a separate tweet. The post Attack on Phl would elicit U.S. response — State Dep’t appeared first on Daily Tribune......»»
Neither estafa nor qualified theft (2)
In Balerta v. People, the Court found that juridical possession as an element of the crime of estafa by misappropriation was not present because the accused was a cash custodian with no independent right or title to the funds received: In the case at bench, there is no question that the petitioner was handling the funds lent by Care Philippines to BABMPC. However, she held the funds on behalf of BABMPC. She had mere physical or material possession over the funds but held no independent right or title, which she could set up against BARMPC. The petitioner was nothing more than a mere cash custodian. Hence, the Court finds that juridical possession of the funds as an element of the crime of estafa by misappropriation is absent in the instant case. In Reside v. People, the Court came to a similar conclusion and held that the accused, a school principal tasked to receive tuition fees and forward these to the school, did not have juridical possession over the funds received. In the case at bench, it cannot be gainsaid that the petitioner, in addition to her duties as principal, was authorized to receive or collect matriculation fees from the parents and/or students enrolled in TGWSI. Per a verbal agreement with De Dios, the petitioner shall forward all payments received together with the remittance voucher slips to the school. As it happens, the money merely passes into the petitioner’s hands, and her custody is only until the same is remitted to the school. Consequently, as principal and temporary cash custodian of TGWSI, the petitioner acquires only physical or material possession over the unremitted funds. Thus, being a mere custodian of the unremitted tuition fees and not, in any manner, an agent who could have asserted a right against TGWSI over the same, the petitioner had only acquired material and not juridical possession of such funds and, consequently, cannot be convicted of the crime of estafa as charged. The prosecution alleged that petitioner Medina was responsible for collecting remittances from the Department of Education, accepting premium payments from PPSTA members, and depositing these payments in PPSTA’s bank account, as instructed by the PPSTA Treasurer. The record is bereft of any allegation or proof that petitioner Medina had any independent right or title to these funds that she could set up against PPSTA. Contrary to the findings of the CA, petitioner Medina was not a “trustee” of the PPSTA members’ payments, as she received these sums as an employee of, and on behalf of, her employer. Consequently, petitioner Medina only had material and not juridical possession of these funds, and she cannot be convicted for estafa under Article 315 (b) (l) of the Revised Penal Code or RPC. Second, jurisprudence holds that a conviction for simple or qualified theft (in lieu of estafa) is possible if all the elements of theft are alleged in the information. However, the evidence on record needs to be more sufficient to convict petitioner Medina of theft, whether simple or qualified. Simple theft is committed when the following elements concur: (1) taking of personal property; (2) that the said property belongs to another; (3) that the said taking be done with intent to gain; (4) that it be done without the owner’s consent; (5) that it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (6) that it be done with grave abuse of confidence. Theft becomes qualified when committed with grave abuse of confidence, among other qualifying circumstances enumerated in Article 310 of RPC. (To be continued) The post Neither estafa nor qualified theft (2) appeared first on Daily Tribune......»»
Dissident author warns Russians in Europe to be on guard
Russian author Sergei Lebedev's novel "Untraceable", about an undetectable toxin used to target Kremlin critics, was released a few years ago but has taken on added resonance as alleged poisonings have multiplied. Now the dissident writer is warning that the Russian exile community in Europe faces an ever greater threat amid heightened tensions over the Ukraine war. "This emigre community in Europe is now one of the most important targets for the Russian security (services)," the 42-year-old, now based in Germany, told AFP in an interview at the Frankfurt Book Fair this week. "There will be attempts to infiltrate, to get informants... Of course, there will be some assassination attempts." In Germany -- which Lebedev describes as a "hub" for overseas Russians -- there have been a growing number of suspected cases of Kremlin critics being targeted. In May, German police said they were investigating the possible poisoning of exiled Russians after an activist, Natalia Arno, reported health problems following a Berlin meeting of dissidents. Meanwhile, Berlin-based Russian journalist Elena Kostyuchenko wrote in a Guardian article last month about how she fell ill last year after visiting Munich, and poisoning was suspected. Inside Russia, the most high-profile case in recent years of a Kremlin critic allegedly being poisoned was that of opposition politician Alexei Navalny. Moscow has repeatedly dismissed allegations that it has targeted critics in this way. But Western governments say evidence points to the contrary and for Lebedev, Russians in Europe are not taking the threat seriously enough. 'Very eerie' "They are not very much concerned with security," he said. "They do not understand the principles of how the security services work." "Untraceable", which tells the story of an ageing scientist who creates a highly toxic, undetectable poison, was inspired by the 2018 poisoning of former double agent Sergei Skripal in Salisbury, England. And it was around the time that the book was published in Russia that opposition politician Navalny was allegedly poisoned -- a development that Lebedev said he found "very eerie". While he has been vocal about his opposition to Russia's invasion of Ukraine, he does not believe he faces a threat himself. He has not found himself in the crosshairs of the authorities and feels he does not run the same level of risk as others, such as critical journalists, particularly those still trying to report from inside Russia. Still, Lebedev -- who moved to Germany five years ago with his wife -- said he has been taking extra precautions, particularly when it comes to exchanging sensitive information. Before becoming a full-time writer, Lebedev worked as a geologist and later as a journalist. He was motivated to write a novel after discovering his grandmother's second husband had been the commander of a Soviet labor camp. He was shaken by the revelation and faced the question of how to "deal with this personally -- with the fact that in your family (there) was a murderer". "I realized that the way out was to write a novel." 'Shocked' at Ukraine war The result was the book "Oblivion", about the legacy of the Soviet prison camp system, which was released about a decade ago and launched his literary career. He has since written several books and his latest is a collection of short stories, "A Present Past: Titan and Other Chronicles". It reflects what he believes is Russia's tortured relationship with the Soviet era -- and society's failure to come to terms with the past -- as well as aspects of its problematic present. Lebedev, who lives in Potsdam outside Berlin, did not flee his homeland. He first moved to Germany for professional reasons. But he has not returned since Russia's invasion of Ukraine, fearing it is not safe to do so. He said he was "shocked" when Moscow sent its forces into Ukraine. "I was the same idiot as many of us were, thinking that Putin is a... modern autocratic, modern dictator and not the blood-thirsty maniac that he is." He sees no swift end to the conflict. "The most difficult and problematic thing is that Russians are getting used to the fact that they are at war but still life is sustainable," he said. The post Dissident author warns Russians in Europe to be on guard 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......»»
Fraud ring targets global crypto pools
Online scammers have stolen more than $1 million from so-called cryptocurrency liquidity pools recently, according to cybersecurity system provider Sophos. Sophos released findings on a pig butchering operation through the use of fake trading pools of cryptocurrency. The report, “Latest Evolution of ‘Pig Butchering’ Scam Lures Victim in Fake Mining Scheme,” details the story of one of the scammed victims in the pools, named Frank, and how he lost $22,000 in one week after “someone” pretending to be “Vivian” on the dating app MeetMe contacted him. After Sophos X-Ops investigated Frank’s story, the team uncovered a total of 14 domains associated with the scam operation, as well as dozens of nearly identical fraud sites that, together, netted one “ring” of pig butcherers more than $1 million in three months. The scam takes advantage of the largely unregulated world of decentralized finance, or DeFI, cryptocurrency trading applications. These applications create “liquidity pools” of various types of cryptocurrencies that users can then access for trades. Those who participate in the pool receive a percentage of any fee paid when a trade is made, creating an enticing return on investment. To join a pool, participants sign an online smart contract that gives another account, typically the operators of the pool, permission to access participants’ wallets to facilitate trades. Fake pools, which pig butcherers are increasingly utilizing to siphon funds from targets, operate in much the same way. Liquidity pools cleaned up However, unlike legitimate pools, at some point these scammers “pull the rug” and empty the entire liquidity pool for themselves. “When we first discovered these fake liquidity pools, it was rather primitive and still developing. Now, we’re seeing sha zhu pan scammers taking this particular brand of cryptocurrency fraud and seamlessly integrating it into their existing set of tactics, such as luring targets over dating apps,” according to Sean Gallagher, principal threat researcher, Sophos. Very few understand how legitimate cryptocurrency trading works, so it’s easy for these scammers to con their targets. “There are even toolkits now for this sort of scam, making it simple for different pig butchering operations to add this type of crypto fraud to their arsenal. While last year, Sophos tracked dozens of these fraudulent ‘liquidity pool’ sites, now we’re seeing more than 500,” Gallagher said. Sophos X-Ops first learned of this liquidity mining operation from a victim named Frank. Frank had connected on the dating app MeetMe with a scammer hiding behind the persona of Vivian, a German woman supposedly living in Washington, D.C. for work. For weeks, Frank chatted with Vivian, who mixed her romantic promises with persistent attempts to convince Frank to invest in crypto. Eventually, Frank opened a Trust Wallet account (a legitimate app for converting dollars to cryptocurrency) and connected to the link to the liquidity pool site Vivian recommended. In reality, the pool site was fraudulent and utilized the brand of Allnodes, an established decentralized finance platform provider, as a cover. Between 31 May and 5 June, Frank invested $22,000 in the scheme. Just three days later, the scammers emptied Frank’s digital wallet. Frank, looking to recover his money, turned to Vivian, who advised him to invest even more in the pool to recover his funds and reap the “rewards.” While waiting for his bank to authorize a money transfer to Coinbase, Frank started researching what was going on and came across an article on liquidity mining from Sophos. At this point, Frank reached out to Gallagher for help. Even after Gallagher instructed Frank to block Vivian, she eventually found him on Telegram and continued her attempts to entice him into “continuing their investment,” going so far as to send a lengthy, emotional letter that was very likely created by a generative AI app. “What makes these sorts of scams particularly tricky is that they don’t require any malware to be installed on a victim’s device. They don’t even involve a fake app, like some of those we’ve encountered in other CryptoRom scams. This entire fake liquidity pool was run through the legitimate Trust Wallet app.” At one point, Frank even tried to contact Trust Wallet’s support to recover his money, but he connected with a fake support contact from the fraudulent liquidity pool site. There is no regulation of these pools, legitimate or otherwise, on these crypto apps. These scams succeed solely through social engineering, and the scammers are persistent. Vivian continued trying to contact Frank for weeks after he blocked her on WhatsApp. “The only way to stay safe from these scams is to be vigilant and know that they exist and how they operate. That is why Frank wanted to share his story. Users need be wary of anyone they have no connection with reaching out to them suddenly via any dating app or social media platform, particularly if the ‘person’ reaching out wants to move the conversation to a platform like WhatsApp and then discusses investing in cryptocurrency,” Gallagher said. Sophos has shared its data on this case with Chainalysis and Coinbase, as well as other threat intelligence professionals in the cryptocurrency space, all of whom continue to investigate. “People who believe they may be a victim of pig butchering or liquidity mining fraud are free to reach out to Sophos. They should also reach out to their local law enforcement for assistance,” Gallagher advised. 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Presumptive death
Dear Atty. Angela, I am married to wife Cassandra way back in 2005. After we lived together for three years, I had to work in London as a caregiver and my wife worked in Hong Kong as a domestic helper. After a year apart, I have not heard from her at all and I do not know anymore about her whereabouts. I even tried contacting her parents and relatives to no avail. Until today, there is no news about her and if she is still alive. I have a live-in partner whom I would want to marry. I plan to file a declaration of presumptive death of my wife in the court. Will this be recognized? Tony *** Dear Tony, Article 41 of the Family Code of the Philippines provides that if a spouse has been absent for four consecutive years and the present spouse has a well-founded belief that the absent spouse was already dead, he or she can file a summary proceeding to have the absent spouse declared presumptively dead in order to remarry. The period of four years is shortened to two years if the absent spouse was on board a vessel lost during a sea voyage or an airplane which is missing, or a member of the armed forces taking part in a war or in danger of death under similar circumstances. This must be filed in Court and the spouse should obtain an official declaration of the presumed death of the spouse. However, in the case of Republic v Sareñogon Jr., G.R. 199194 (10 February 2016), the Supreme Court stressed that the degree of diligence and reasonable search required by law is not met (1) when there is failure to present the persons from whom the present spouse allegedly made inquiries especially the absent spouse’s relatives, neighbors, and friends, (2) when there is failure to report the missing spouse’s purported disappearance or death to the police or mass media, and (3) when the present spouse’s evidence might or would only show that the absent spouse chose not to communicate, but not necessarily that the latter was indeed dead. Given the Court’s imposition of “strict standard” in a petition for a declaration of presumptive death under Article 41 of the Family Code, it must follow that there is a required degree of stringent diligence in the search of a spouse. Therefore, you must first prove that your belief of her death is a result of diligent and reasonable efforts and inquiries. The law states that exertion of active effort (not a mere passive one) is strictly required. Atty. Angela Antonio The post Presumptive death appeared first on Daily Tribune......»»
Concert troublemakers in Laoag to be charged — PNP
ILOCOS NORTE — The Philippine National Police addressed a viral video showing a group of men fighting after the Panagyaman Concert in Laoag City, Ilocos Norte on Saturday night, 23 September, at 10:00 p.m., during a press conference on Sunday. Unfortunately, the video is no longer available from the original source. Laoag City PNP chief, Police Lt. Col. Joseph Baltazar identified those involved in the viral fist fight as Julio Tristan Agustin Garma, 24, and Hugh Grant Agustin Garma, 23, against Keith Donves Vicente Albayalde, 19; Billy Juan Tating, 20; and two John Does. According to the police report, Hugh and his girlfriend were walking when the group of Billy, who was walking behind them, allegedly pushed Hugh and his girlfriend while shouting “BBM” and then walked past them as if nothing happened. Hugh reacted when suddenly "someone" from the group of Billy allegedly punched Hugh that subsequently started the riot. Nonetheless, regardless if both parties have already settled, the PNP will still file an alarm and scandal charge or violation of Article 155 of the Revised Penal Code against those involved in the incident. The Laoag police chief also disclosed that one of those involved is currently under probation. He said the PNP will request for the revocation of probation. Meanwhile, also in the same press conference, the police chief further disclosed that an order of revocation by the Firearms and Explosives Office in Camp Crame was issued against two individuals in the city. The individuals were identified as Albino Pedro, a former city government employee, and Ferdinand Macugay. According to Baltazar, Pedro is currently facing a criminal charge which is one of the grounds of the revocation. Five of his firearms are now in the safekeeping of the Laoag City Police Station. In the case of Macugay, his License to Own and Possess Firearm (LTOPF) will expire on 22 October 2023. The subject firearm is temporarily held under custody for safekeeping. The post Concert troublemakers in Laoag to be charged — PNP appeared first on Daily Tribune......»»
Woman shoplifting 2 cans of milk collared
A 50-year-old woman is in hot water after she was caught stealing milk, diaper, and a playmat bag by an SM supermarket Manila security guard on Monday afternoon in Ermita, Manila. Police identified the suspect as Liza Abenir y Baruela, 50 years old, female, single, unemployed, and a resident of #1845 Tecson De Guia Street, Tayuman, Tondo, Manila. The suspect was arrested by Daisy Sumalpong y Cabural, 32 years old, female, single, Security/Lady Guard, and a resident of #38A Gen. Espino, South Signal, Taguig City. Based on the report of the arresting person, while she was on duty and roving around inside SM Supermarket, she actually saw and observed the suspect taking items on the display rack and discreetly proceeded to MBU (clothes and garments section) and covered the items with clothes. The suspect then got a bag and playmat and went back to where she hid the other items and put them secretly inside. After a few minutes, the suspect moved out via the customer’s exit along with the unpaid items. Upon her exit, the arresting person immediately approached and confronted here and asked for any receipt but the latter failed to present any. Recovered from the suspect’s possession were two Ensure Gold 1600g, one diaper bag and two playmat bags with a total value of P8,586.75. The complainant on the case is SM Supermarket Manila represented by Benjieloy Rosendal y Lombridas, 29 years old, male, single, RDU- Clerk of SM Supermarket, and resident of #1263 Gonzalo Street, San Andres, Malate, Manila. Charges for Violation of Article 308 of the Revised Penal Code (Theft) inside SM Supermarket will be filed against the suspect at the Manila City Prosecutors Office. The post Woman shoplifting 2 cans of milk collared appeared first on Daily Tribune......»»