Judges question warrants in Kraft massage parlor sex case

By TERRY SPENCER Associated Press FORT LAUDERDALE, Fla. (AP) — Florida appellate judges on Tuesday questioned the legality of search warrants that let police secretly video record New England Patriots owner Robert Kraft and others paying for massage parlor sex, pressing a prosecutor on his contention that the warrants were legally valid. Deputy Solicitor General Jeffrey DeSousa found himself repeatedly queried by the three-judge panel as he tried to persuade them that the warrants and searches met all constitutional protections and that they should overturn lower court rulings that barred the recordings' use at trial. Misdemeanor charges against Kraft, 79, and other customers would have to be dropped if those rulings stand, although felony charges against the spa owners might proceed as there is other evidence against them. Kraft and others were charged in February 2019 in a multi-county investigation of massage parlors that included the secret installation of video cameras in the spas' lobbies and rooms. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them. Police say they twice recorded Kraft, a widower, paying for sex at the Orchids of Asia massage parlor. Kraft has pleaded not guilty but issued a public apology. Judge Robert Gross, who presided at the Florida Fourth District Court of Appeal hearing, seemed taken aback by DeSousa's contention that he and his colleagues should primarily consider the plain language of the Fourth Amendment. It says judges can issue warrants if police demonstrate probable cause of a crime, that warrants must specify the place to be searched and what can be seized. Gross told DeSousa he seemed to be ignoring numerous rulings by the U.S. Supreme Court expanding Fourth Amendment protections since the 1960s, including some that restrict electronic surveillance by police. “You are getting us off on the wrong foot by focusing on the language of the Fourth Amendment when we should be focusing on the Supreme Court jurisprudence....that is heavily weighted against you,” Gross told DeSousa. The 90-minute hearing included arguments on whether cameras were necessary; on whether the police violated the privacy of customers who simply received massages; and on the proper sanction if the defendants' rights were violated. The attorneys for Kraft and the other defendants argued that police failed to minimize the privacy violations they committed by recording innocent customers, including women, who received legal massages. “These cameras, that were put into private massage rooms where patrons would be undressing as a matter of course, they recorded everything," Kraft attorney Derek Shaffer said. He said Kraft “had the same reasonable expectation of privacy that any massage patron going to a licensed facility would be entitled.” Attorneys also argued the cameras weren't necessary as police already had enough evidence to charge the spa owners, including bank records, website advertising, outside video surveillance and napkins containing bodily fluids retrieved from garbage bins. The only proper punishment for prosecutors and police, they argued, is to throw out all recordings. DeSousa argued that police and prosecutors need the recording to convict the owners of felonies. The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, he said. He said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95% of male customers received one. While no female customers paid for sex, they were few in number and to not record them could be seen as discriminating against men, he said. DeSousa said even if the court finds police violated innocent customers' privacy rights, the Supreme Court has ruled that in most circumstances, only improperly seized evidence should be thrown out. Since Kraft, the other men and the masseuses were engaged in crimes, their recordings should be permitted, he said. “Given the unique and difficult circumstances confronting these officers, the conspiracy, the logistics of the operation, what they reasonably anticipated they would see and the difficulty of knowing at the start of any given massage will this end with a happy ending or will it not, we think what law enforcement did here was entirely reasonable,” DeSousa said. The court usually takes weeks to issue rulings. The losing side will likely appeal to the state Supreme Court, which could accept the case or let the decision stand. If convicted, Kraft would likely receive a fine, community service and other sanctions, but he could also be suspended or otherwise punished by the National Football League......»»

Category: sportsSource: abscbn abscbnJul 1st, 2020

Patriots owner s prostitution case heads to appellate court

By TERRY SPENCER Associated Press FORT LAUDERDALE, Fla. (AP) — Prosecutors charging New England Patriots owner Robert Kraft with twice buying sex from massage parlor prostitutes will attempt to save their case this week by arguing to an appeals court that his rights weren't violated when police secretly video-recorded him in the act. Prosecutors will tell the Florida Fourth District Court of Appeal during an online hearing Tuesday that a county judge erred when he invalidated the January 2019 search warrant allowing police to install secret cameras at Orchids of Asia spa as part of an alleged sex trafficking investigation. The judge said the warrant didn’t sufficiently protect the privacy of innocent customers who received legal massages, and he barred the videos’ use at trial as well as testimony about what they showed. If the ruling stands, it will deal a fatal blow to the prosecution's case. “Mr. Kraft's guilt is a virtual certainty” and he has no right to benefit from any possible mistakes police made involving innocent customers, Deputy Solicitor General Jeffrey DeSousa wrote in court documents. Kraft's attorneys vehemently disagreed, arguing that if the three-justice panel allows the videos' use, “civil liberties cherished in Florida and beyond” will be endangered. “If the state wins this appeal, then everyone loses, not just the accused,” attorney Frank Shepherd wrote. “Government could run roughshod over privacy and constitutional rights while evading scrutiny.” The Jupiter police recordings led to misdemeanor charges against Kraft and two dozen other alleged Orchids of Asia customers. The spa owners and some employees are charged with prostitution-related felonies. Most cases are in limbo while the appeals are heard. If prosecutors can’t use the videos, they would almost certainly dismiss any misdemeanor charges awaiting trial. Some defendants took plea deals but Kraft refused. The felony cases could proceed, as those have other evidence besides the videos. Kraft, a 79-year-old widower and part-time Palm Beach resident, has pleaded not guilty but issued a public apology. He faces a possible one-year jail sentence if convicted, but would likely receive a fine, community service and other sanctions. Kraft, whom Forbes Magazine ranks as the 82nd richest American with a worth of almost $7 billion, is employing several high-priced attorneys to fight the charges. DeSousa submitted several arguments against Palm Beach County Judge Leonard Hanser's ruling. Among them: — The warrant is valid because police minimized any privacy invasion by having only three detectives monitor video. Any further minimization, such as recording only snippets of each massage, would have made the investigation impossible. — Kraft illegally paid for sex and is lawfully covered by the warrant, even if the justices determine police violated innocent customers' privacy rights. — If the warrant is invalid, the detectives relied on it “in good faith” and a sanction banning the video is too extreme. Shepherd submitted several counterarguments for Kraft. They include: — Detectives' privacy protection efforts were insufficient because they recorded seminude men and women receiving legal massages, making the Kraft recordings also illegal. — Police had enough evidence to charge the spa owners with felonies without recording, making the cameras “wholly gratuitous." — The evidence detectives presented to obtain the magistrate's warrant approval was “deliberately misleading,” negating any argument they acted in good faith. The justices won’t immediately rule after the hearing; decisions usually takes weeks. The losing side will likely appeal to the Florida Supreme Court, which could accept the case or let the justices’ ruling stand. Authorities say the Orchids of Asia investigation was part of a multicounty probe into possible sex trafficking by spa owners who they believe brought women from China and elsewhere to work as prostitutes. About 300 people were charged with various felonies and misdemeanors, but no trafficking charges were pursued — prosecutors say they received no cooperation from masseuses whom they suspect were trafficked. According to police, Kraft's chauffeur drove him to Orchids of Asia on the evening of Jan. 19, 2019, where detectives recorded him engaging in a sex act with two women and then paying an undetermined amount in cash. Investigators said Kraft returned the next morning and engaged in recorded sex acts with a woman before paying with a $100 bill and another bill. Hours later, Kraft was in Kansas City for the AFC Championship game, where his Patriots defeated the Chiefs. His team then won the 2019 Super Bowl in Atlanta, the Patriots’ sixth NFL championship under his ownership. Prosecutors offered to drop the charges if Kraft entered a diversion program for first-time offenders. That would include an admission he would be found guilty if the case went to trial, a $5,000 fine, 100 hours of community service and attending a class on the dangers of prostitution and its connection to human trafficking. The hearing is scheduled to begin at 10 a.m. EDT Tuesday on the court's YouTube channel......»»

Category: sportsSource:  abscbnRelated NewsJun 29th, 2020

Teves camp pushes illegal firearms raps’ dismissal

The camp of suspended Negros Oriental Third District Representative Arnolfo Teves Jr. has filed a petition to the Department of Justice on Friday to dismiss the criminal charges filed against the lawmaker and his sons Kurt Matthew and Axel in connection with the alleged illegal possession of firearms and explosives. The embattled solon and his two sons were accused of violating Republic Act 10591 and RA 9516 for alleged illegal possession of firearms and explosives, respectively. The alleged firearms and explosives were seized by operatives from the Philippine National Police-Criminal Investigation and Detection Group during the service of a search warrant in the legislator’s house in Bayawan City last 10 March. Atty. Ferdinand Topacio, legal counsel of the Teves family also urged the DoJ panel to be impartial despite the claim of Justice Secretary Jesus Crispin Remulla, which was based on the statement of arrested suspects, that the suspended legislator is “one of the masterminds” in the 4 March killings in Pamplona town where one of the victims was Negros Oriental Governor Roel Degamo. Teves — who is still abroad as there are allegedly threats against his life — denied the allegations of the Justice secretary. To recall, the DoJ panel of prosecutors decided to submit for resolution the criminal charges lodged PNP-CIDG after the filing of the motions to dismiss during the hearing. The panel of prosecutors, according to Topacio has two months to resolve the charges, adding that the panel of prosecutors is time-bound under the 2017 DoJ Revised Manual for Prosecutors, which give 60 days to release the resolution of the case. “The complainants miserably failed to discharge their duty to establish probable cause against Teves Jr. as nothing has been shown to support his alleged constructive possession of any of the confiscated articles, much less of the premises where they were allegedly found,” said the petition. “There is no question on the fact that Respondent Teves Jr. was not present when and where the alleged search and seizure transpired. This is settled from the complaints and supporting affidavits and other documents attached thereto. Physical or actual possession of any of the subject firearms, ammunition and explosives on his part is, therefore, necessarily absent,” it added. The solon alleged that the firearms and explosives were illegal seized and should be inadmissible as evidence. Also, Teves alleged that the PNP violated the rules in implementing search warrants based on the joint affidavit of Barangay Captain Andrew Barte and Kagawad Ulysses Ilagan, who both served as police witnesses, as well as the affidavits issued by the staff of Teves who were present during the implementation of the search warrant and even took videos. The witnesses, according to Teves, disclosed that prior the presentation of the search warrant, members of the PNP’s Special Action Force were already there at the house and were seen carrying large bags. The embattled lawmaker also disclosed that the SAF team members — who are necessarily part of the team implementing the search warrant — broke and violated the most basic of statutes and rules that proscribe unreasonable searches and seizure. The post Teves camp pushes illegal firearms raps’ dismissal appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 6th, 2023

Another Degamo slay suspect recants statement

The case of the killing of Negros Oriental Governor Roel Degamo has took another controversial turn as another suspect in the killing has recanted his statements, particularly the alleged involvement of suspended Negros Oriental Third District Representative Arnolfo Teves Jr. Just like four other fellow dismissed soldiers who have taken back their testimonies, the suspect identified as Joven Javier denied knowledge of the 4 March, saying that he was merely forced to admit participation. “We have also informed the court that his life is in danger as there is a plot to have him killed,” defense counsel Danny Villanueva said in an interview. He said they will be filing a habeas corpus suit to question Javier’s continued detention. “Mr. Javier was qualified to be a state witness against others who are being pointed to as responsible for the Pamplona massacre. That is the reason why up to this time no case has been filed against Mr. Javier,” Villanueva said in a television interview. Javier was a sergeant with the Philippine Army’s counterterrorism unit Light Reaction Regiment and was regarded absent without leave in 2018. He was among the first suspects brought from Negros Oriental to Manila for their safety. Fellow suspects Jhudiel Rivero, Romel Pattaguan, Dahniel Lora and Rogelio Antipolo Jr. have all recanted and gave similar narratives of coercion on the part of the government. In his recantation confirmed on Monday by counsel Harold Montalbo, Rivero (a.k.a. Osmundo Rivero) claimed the police coerced him to admit his involvement and that he does not know Teves , the alleged mastermind. Three counts of murder and frustrated murder cases have been filed before the Tanjay, Negros Oriental Regional Trial Court against Javier, Rivero, Joric Labrador, Benjie Rodriguez and 12 other John Does. Meantime, the Department of Justice remains confident that they still have a strong case at hand even if suspects retracted one after the other as it added that the plan to transfer the suspects to the PNP Headquarters at Camp Crame will still push through. The post Another Degamo slay suspect recants statement appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 26th, 2023

Bantag facing new charges

The Department of Justice yesterday said former Bureau of Corrections chief Gerald Bantag will be facing new charges, this time for physical torture and grave coercion. According to the DoJ, Bantag and former BuCor spokesperson Gabriel P. Chaclag will be charged before the Muntinlupa City metropolitan trial court with grave coercion for allegedly forcing prison personnel to sign a statement that no shooting incident took place at the Iwahig Prison and Penal Farm in 2020. Earlier, the former BuCor top official had been charged with two counts of murder for the deaths of broadcast journalist Percival “Percy Lapid” Mabasa on 3 Oct. 2022 and Cristito Villamor Palana, a person deprived of liberty at the New Bilibid Prison in Muntinlupa City, on 18 Oct. 2022. The Las Pinas Regional Trial court issued warrants of arrest against Bantag in the Percy Lapid case, and the Muntinlupa City RTC in Palana’s case. Bantag has yet to surrender and remains at large. The DoJ last Monday, 15 May, announced the filing of criminal charges against Bantag and BuCor’s former security officer Ricardo S. Zulueta for the stabbing in 2022 of two persons deprived of liberty at the NBP in Muntinlupa City. “In a resolution dated 02 May 2023, the DoJ State Prosecutors found probable cause to indict respondent Bantag for two counts of physical torture and mental/psychological torture under Section 4(a) and Section 4(b)(2) and/or (12) of Republic Act No. 9745, while respondent Zulueta is charged as an accessory thereof,” said the DoJ. Zulueta, who is also at large, is also a co-accused in the Percy Lapid and Palana killings. The DoJ said its new criminal case against Bantag is based on the preliminary investigation conducted into the criminal complaint filed by IPPF prison officers, namely Lazaro Rafols, Jr., Jer Sahid B. Mojado, Eddie Jimenez, Jr., Richie C. Ganja, Roy B. Gacasa and Asher B. Labrador. The incident of grave coercion allegedly took place at the NBP on 2 March 2020 when complainants were directed to report to Bantag when he was still director general. The DoJ said the complainants got admonished “for the alleged shooting incident that transpired at the IPPF on 1 March 2020, involving complainants and DG Bantag's men who were then detailed at the said facility.” During the incident on 2 March 2020, then DG Bantag, together with Chaclag, allegedly unlawfully coerced, through violence, threats and intimidation, complainant Canja into signing a document stating that there was no shooting incident at the IPPF on 1 March 2020 involving BuCor personnel. The post Bantag facing new charges appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 19th, 2023

DILG lauds SPD on missing child case

Department of the Interior and Local Government Secretary Benhur Abalos Jr. commended the quick action of Southern Police District in the case of the missing 10-year-old child in Makati City. “With the quick action of Makati Police and Southern Police District led by Brig. Gen. Kirby John Kraft and the duty investigators SSgt. Benjamin Ian Gran and PEMS Dominador Robles, authorities were able to trace the whereabouts of the missing child and safely return him to his family,” Abalos said in a statement on Sunday. Based on the SPD report, the child disappeared on the morning of 10 May in Barangay San Antonio, Makati City where CCTV in their area caught the child leaving their house and authorities immediately conducted an investigation after the child’s parents sought help. At around 7:30 p.m., the child’s family and the police received a video from a concerned citizen regarding the whereabouts of the missing toddler, which prompted duty investigator Gran and Robles, who immediately went to the said location. The police arrived at the area around 8:30 p.m. and found the minor while being helped by a female concerned citizen who contacted the child’s relative. “Thank you so much for your immediate action. We salute the effective and reliable service of our police force for our people. This is the kind of public service that is needed to maintain order and safety in our communities,” Abalos said. The post DILG lauds SPD on missing child case appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 14th, 2023

Comelec to adhere SC’s status quo order on Rosal

The Commission on Elections on Thursday said that it will comply with the Supreme Court’s Status Quo Ante Order decision that effectively reinstates Carmen Rosal as mayor of Legazpi City, Albay a day after the poll body certified her disqualification as “final and executory.” “The Commission on Elections, through the Clerk of the Commission, received from the Supreme Court its Status Quo Ante Order in the Carmen Rosal Disqualification Case. As we have consistently committed, the Commission on Elections will abide by and comply with any order, ruling or directive of the Highest Court of our Land,” Comelec spokesperson John Rex Laudiangco said. Comelec’s statements come as the Supreme Court acted on the two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the Comelec resolutions that disqualified Rosal as candidate for mayor of Legazpi City, Albay in the 2022 polls. The assailed resolutions — dated 4 October 2022 and 4 May 2023 in SPA 22-032 (DC) — directed the Special City Board of Canvassers of Legazpi City to proclaim second placer Alfredo A. Garbin Jr. as the duly-elected mayor of Legazpi City. The SC en banc — in its Status Quo Ante Order dated 11 May 2023 given by authority of Acting Chief Justice Marvic M.V.F. Leonen, upon the written recommendation of the Member-in-Charge — deemed it necessary and proper to consolidate the two petitions docketed as G.R. 266775 (Oscar Robert H. Cristobal v. Comelec, Alfredo A. Garbin, Jr., Joseph San Agustin Armogila, and Carmen Geraldine Rosal) and G.R. 266796 (Carmen Geraldine Rosal v. Comelec, Joseph San Agustin Armogila, Alfredo A. Garbin Jr. and Oscar Robert H. Cristobal); require respondents Comelec, Garbin, Armogila, Rosal, and Cristobal to file a consolidated comment within 10 days from notice; and issue a status quo ante order requiring the parties to observe the status quo prevailing before the issuance of the Comelec resolutions. Armogila and Rosal were candidates for councilor and mayor of Legazpi, respectively, in the 2022 national and local elections. Armogila filed a petition for disqualification against Rosal before the Comelec on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. A ’status quo ante order’ calls for a return to previous affairs, which effectively sets aside the poll body’s decision to disqualify Rosal over violation of Section 68(a) of the Omnibus Election Code, or on ‘giving money to influence, induce and corrupt the voters.’ Rosal announced on Wednesday that he filed a petition before the Supreme Court to stop the poll body’s execution of their decision to disqualify her. In a press conference, she questioned Comelec on their ruling which said that she violated a provision on the Omnibus Election Code on ‘calling the decision ‘arbitrary.’ Her husband, disqualified Albay Governor Noel Rosal, insisted that the act in question – the cash assistance payout to tricycle drivers – was not vote buying as it was part of the ‘ayuda’ mandated in Bayanihan 1. The post Comelec to adhere SC’s status quo order on Rosal appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 12th, 2023

Rosal disqualification final, says Comelec

The Commission on Elections on Wednesday certified their 4 May decision to disqualify Carmen Rosal as mayor of Legazpi City, Albay over ‘giving money to influence, induce or corrupt the voters’ as ‘final and executory.’” This comes as no temporary restraining orders were issued by the Supreme Court in the last five days, which would have directed the stoppage of the implementation of the disqualification. The certification was issued by the poll body despite Rosal’s declaration that she filed a petition for the Supreme Court to issue a TRO on the said ruling earlier in the day. In the same document, Comelec ordered the six members of the special board of canvassers in Legazpi City, Albay to declare ex-Ako Bicol representative Alfredo Garbin Jr. as the city’s new mayor ‘within ten days’ after the certification of the decision as final. To recall, Garbin was behind Rosal in last year’s mayoral race in Legazpi City with a slim margin of only 550 votes between the two candidates. In a message to Daily Tribune, Comelec spokesperson John Rex Laudiangco said that certification will still push through as no TROs were issued. “Per our conversation with the Clerk, there were no TRO issuances and we haven’t received any from the Supreme Court. It’s not automatic that the SC will issue a TRO after filing. It’s SC’s full discretion and authority whether or not they’ll issue a TRO,” Laudiangco said. He also cited an election provision which states that such decisions ‘shall become final and executory after the lapse of five days from their promulgation, unless restrained by the Supreme Court. In a Viber message, Comelec chairperson George Erwin Garcia said that the writ of execution will be issued on Thursday. Meantime, Rosal led a press conference at the Manila Yacht Club before noon on Wednesday where she announced that she filed a petition for the issuance of a TRO before the High Court. She argued that the decision to declare her election offense as Section 68(a) of the Omnibus Election Code was arbitrary. Previously, a decision by the Comelec Second Division October last year stated that she violated Section 261(v) of the OEC, referring to violation of public spending during the election period, with the act in question being the two-day cash assistance payout for tricycle drivers. However, in a Commission En Banc decision on 4 May which affirmed the previous decision to disqualify her, the poll body said that Rosal is not liable under Section 261(v) as she was not a public official at the time. “I reiterate, how can I be disqualified by the Comelec En Banc for vote buying when this was dismissed by the Comelec Division and such issue was not brought up to the Commission En Banc?” Rosal said. Rosal filed the petition before the SC through Attorney Romulo Macalintal. Also present during the press conference was Carmen’s husband, disqualified former Albay governor Noel Rosal, whose situation was similar to hers when he was slapped with a decision to relinquish his position over the same financial aid distribution to tricycle drivers. The petitions filed against Carmen and Noel Rosal, in this case, were both filed by Joseph Armogila. Former governor Rosal insisted that the cash payout for tricycle drivers were part of the country’s then economic assistance program amid the Covid-19 Pandemic dubbed “Bayanihan 1.” Speaking to Daily Tribune, the former governor suspected someone else behind the petitions that led to their disqualifications. “It’s not Armogila. Someone’s behind it. If it’s just him, the case would have been dismissed earlier,” Noel Rosal said. The post Rosal disqualification final, says Comelec appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsMay 10th, 2023

Fighting cybercrime

In an interconnected world driven by technology, the Internet has become an integral part of our daily lives. It has revolutionized the way we communicate, work, and conduct business. However, with its numerous benefits, the online realm also poses significant risks, one of which is the proliferation of online scams. Online scams are deceptive schemes aimed at defrauding individuals, exploiting their vulnerabilities, and compromising their financial security. This essay explores the evolving landscape of online scams, and their various forms, and highlights the importance of taking proactive measures to protect ourselves in a digital world. Online scams come in various forms, constantly adapting and evolving to exploit the latest technological trends. Phishing scams, for instance, involve fraudulent attempts to acquire sensitive information, such as usernames, passwords, and credit card details, by posing as trustworthy entities through emails, websites, or text messages. These scams rely on social engineering techniques to deceive unsuspecting victims into divulging their personal information. Another common form of online scam is advance-fee fraud, also known as the Nigerian Prince scam. This scam involves an email or message from someone claiming to be a wealthy individual or a government official who promises a large sum of money in exchange for a small upfront payment. Victims who fall for this scam end up losing their money without ever receiving the promised fortune. Other prevalent online scams include identity theft, investment fraud, online shopping scams, and romance scams. These scams exploit people’s desires for financial gain, love, or exclusive deals, preying on their trust and gullibility. In the face of these evolving online scams, individuals must take proactive measures to protect themselves and safeguard their online activities. Here are some essential steps to minimize the risk of falling victim to online scams: Educate yourself. Stay informed about the latest scams and tactics employed by fraudsters. Regularly update yourself on common scams and learn how to identify warning signs and red flags. Knowledge is a powerful defense against online scams. Exercise caution. Be cautious when sharing personal information online. Avoid clicking on suspicious links, downloading attachments from unknown sources, or responding to unsolicited messages. Verify the authenticity of websites before entering sensitive information and use secure, reputable platforms for online transactions. Strengthen security measures. Utilize strong, unique passwords for all your online accounts. Enable two-factor authentication whenever possible to add an extra layer of security. Keep your operating system, antivirus software, and other applications up to date to protect against known vulnerabilities. Be skeptical. Develop a healthy skepticism towards unsolicited offers, lucrative deals, or requests for financial assistance. If something sounds too good to be true, it probably is. Trust your instincts and question any requests for personal or financial information. Protect personal information. Be mindful of the information you share online, particularly on social media platforms. Fraudsters can gather valuable details from your profile to tailor their scams. Restrict your privacy settings and be cautious about sharing sensitive information publicly. Maintain regular backups. Regularly back up your important files and data to an external source. In case of a ransomware attack or data loss, having backups ensures you can restore your information without giving in to scammers’ demands. As the digital world continues to evolve, the threat of online scams persists. It is crucial for individuals to be aware of the various forms these scams can take and to remain vigilant in protecting themselves. By educating ourselves, exercising caution, and implementing strong security measures, we can minimize the risk of falling victim to online scams. Remember, staying safe online requires an ongoing commitment to digital hygiene and a healthy dose of skepticism. The post Fighting cybercrime appeared first on Daily Tribune......»»

Category: sportsSource:  abscbnRelated NewsMay 9th, 2023

QCPD nets 23 in anti-crime drive

The Quezon City Police District on Tuesday reported that at least 23 individuals were arrested in different police stations in the city. At the Novaliches Police Station under Lt. Col. Jerry Castillo, operatives arrested Jeff Lawrence Pineda, a resident of Barangay Bagbag for Theft while the Batasan Police Station under Lt. Col. Morgan Aguilar nabbed a certain Omer Rotoni, a resident of Barangay Commonwealth, for violation of RA 9003 or the Ecological Solid Waste Management Act of 2000. Another individual identified as Jomer Rotoni of Barangay Commonwealth was netted by authorities for qualified theft, while a certain Abubakar Abdurahim Banggali was arrested by operatives from the Eastwood Police Station for violation of RA 9003. Meantime, the District Intelligence Division operatives under Lt. Col. Christine Tabdi collared Emerson Alonzo for violation of RA 10175 or the Cybercrime Prevention Act of 2012, while a certain Wesley Tan was also arrested for Falsification of Public Documents by a Private Individual. QCPD Director Nicolas Torre III said the courts of origin of the warrants were already notified on the arrest of the wanted persons. In the campaign against illegal drugs, 10 individuals were caught in a series of buy-bust operations conducted by the different police stations and an aggregate value of shabu worth P108,800, buy-bust money, and several drug paraphernalia were confiscated from the suspects. Operatives from the Cubao Police Station netted Manny Torculas, while the Anonas Police Station arrested Marites Rolle Taguines and Lemuel Esusan Laquindanum. Over at the Payatas Bagong Silangan Police Station, authorities arrested Resty Salinga Platero and Maylene Dizon Escandor, while four other drug peddlers identified as Erwin Balleras; John Paul Lozada; John Bomer Esmerald and Jonathan Valentino were also apprehended. At Project 6 Police Station, police arrested Marie Lagrata. The suspects were charged with violation of R.A 9165 or the Comprehensive Dangerous Drugs Act of 2002. Torre said that the QCPD is also intensifying efforts against illegal gambling as a total of seven gamblers were apprehended by the following police stations — PS 9 arrested Anjelene Anciro; Pacita Cabaccan and Melvin Balagot Cruz, all residents of Barangay Old Capitol Site for playing ‘Tong-its.’ On Tuesday, members of the Galas Police Station nabbed Arnel Trinidad and Jhon Aeron Litao, both residents of Barangay Tatalon PS 13 also arrested Jhayr Aburdo Calderon and Jacky Sibunga Lorenzo, both residents of Barangay Payatas. All suspects were arrested for playing ‘Cara y Cruz.’ Several illegal gambling paraphernalia and bet money were confiscated from the arrested suspects as a case of violation of P.D. 1602 or the Anti-Illegal Gambling Law were filed against them. The post QCPD nets 23 in anti-crime drive appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsApr 25th, 2023

Demoralization rocks PNP personnel, retirees (2)

Below is the continuation of the reply of retired General Romeo V. Poquiz on the proposal of Finance Secretary Benjamin Diokno to reprogram the military and police retirement pension: “3. You said that pension indexation, where the retiree’s pension increases when the salary of those in the active service increases, must be stopped. Why pick only on the military or MUP? Indexation is also the case for pensioners in the Judiciary (judges and prosecutors), the Constitutional Commissions (Comelec, CoA, CSC), and the Energy Regulatory Commission. This is also the practice in most foreign armed forces. Further, we waited decades before the full implementation of indexation and it was only a couple of years back when the indexation was finally completed. You said the MUP pension scheme is unsustainable and will lead to fiscal collapse. Again, why pick on us only? As finance manager and as the highest-paid government official, it is your duty to explore all available options to solve the problem. You can start by returning most of your unconscionable P41.81 million annual salary, allowances, and bonuses, including those of your BSP colleagues. The law fixed your salary only at P150,000 monthly or P1.8 million annually, yet you received P41.81 million. You can also stop the pork barrel allocations of lawmakers and go after corrupt officials in all the departments, especially the revenue agencies under you — BIR and Customs. Further, improve the business climate in the country so that your touted investors in your many foreign travels may finally come and do business in the country. You said we receive huge pensions compared to SSS and GSIS and that the scheme stipulates we get pensions based on the rate of the next higher rank when we retire. Again, no point of comparison between military and civilian retiree entitlements. Also, you must have missed the gargantuan pensions aside from the huge salary and allowances plus the golden parachutes of high SSS and GSIS officials. Much more for you and your colleagues at the BSP who all belong to the top ten highest-paid government officials but only do minimal work in the comfort and safety of your fully air-conditioned suites and offices. Further, the MUP pension is very small when compared to international armed forces standards. You brought out the elephant in the room, Mr. Secretary. Go then, do your job, without opening your mouth too much, and without picking a fight against us military retirees. Even in the twilight of our lives, we fight our battles well. Sincerely, Romeo V. Poquiz MGen. AFP (Ret) Military Pensioner” The arguments expounded by the retired general demolished the rationale behind the mangling of the military and police pension as articulated by the Secretary of Finance. The latter, for his enlightenment, should thoroughly go over the response of the collective voice of the retirees as articulated by retired General Poquiz. (To be continued) The post Demoralization rocks PNP personnel, retirees (2) appeared first on Daily Tribune......»»

Category: newsSource:  inquirerRelated NewsApr 23rd, 2023

Another disgraceful police scandal

With too many whys, a clear-cut and independent full-blown investigation is imperative into the now infamous alleged police cover-up and pilferage of illegal drugs worth billions. But by any yardstick, the police can’t be a party to such an investigation. Not only because the investigation involves top police officers but also — and more damningly — because the police brass hasn’t been exactly forthright about their own promised probe of the disgraceful incident. In fact, Interior Secretary Benhur Abalos said that as early as February, his department had raised concerns to police brass about the slow pace of the police investigation into the arrest of Police Master Sergeant Rodolfo Mayo Jr., the seizure of illegal drugs worth P6.7 billion, and what happened to the drug haul afterward. Apparently, the concerns were ignored, forcing Mr. Abalos to launch another inquiry, this time with the National Police Commission in the lead. It was only after Mr. Abalos publicly disclosed what he described as a “massive attempt to cover up” Mayo’s arrest did the police brass divulge its investigation report that found a coterie of 49 Drug Enforcement Group officers and men liable for criminal and administrative charges amid irregularities in the illegal drug seizure. At the same time, police also officially divulged that some DEG officers speciously stole from the drug haul at least 42 kg of illegal drugs, that was found in an abandoned car near Camp Crame. Mr. Abalos wasn’t alone in raising suspicions about the slow pace of the official police probe into Mayo’s arrest last October, however. Last month, an evidently peeved Rep. Robert Ace Barbers, chairperson of the House Committee on Dangerous Drugs, lashed out, saying that after six months the police special investigation task group looking into the incident still had nothing to show for it. “Why is it said that the PNP SITG is foot-dragging or dilly-dallying on their probe? Are they covering up for something we don’t know or are they still trying to make up a different script about his arrest and involvement in shabu stockpiling and possibly for recycling?” Mr. Barbers furiously asked then. Aside from these damning cover-up allegations, a flurry of other questions surfaced about Mayo’s arrest. CCTV footage, for instance, purportedly showed that instead of immediately spiriting away a handcuffed Mayo following his arrest in Tondo, Manila, police officers entered a nearby building with him and then suspiciously transferred bags and luggage into several vehicles. The building in question, which Mayo allegedly owned, was where the illegal drugs were stored. Even more puzzling, Abalos said, the police apparently already had Mayo in their custody even before the raid. A DEG report claimed he was arrested after a hot pursuit operation the following day. Worse, Mayo was even listed as an arresting officer in a different operation on the day of the raid. In the aftermath, other serious issues surfaced, including revelations of the disgusting practice of drug operatives setting aside 30 percent of seized illegal drugs to pay off informants. Nonetheless, the latest police scandal ricochets into broader issues like if the police organization can still restore integrity and professionalism in the ranks amid the temptations of lucrative criminal activities. Particularly so since the police brass haven’t so far demonstrated political will for serious reforms. Outgoing PNP chief Gen. Adolfo Azurin Jr., who is set to retire tomorrow (24 April), for instance, was reticent about the Abalos exposè until last week, only to issue a lame blanket denial that senior police officers had covered up the Mayo case. Yet, something must urgently be done about the increasing police involvement in mafia-life criminal undertakings. We can’t take such urgency lightly. A recent report by the Global Initiative Against Transnational Crime, for instance, predicts that emboldened Filipino mafia-style criminal groups, particularly state-embedded actors like the police, are going to step up their nefarious violent doings in the next few years. Not doing anything now therefore means we’ll end up paying a steep price later on.   Email: The post Another disgraceful police scandal appeared first on Daily Tribune......»»

Category: sportsSource:  abscbnRelated NewsApr 22nd, 2023

Paris court gives Canada-based professor life for 1980 synagogue bomb

A Paris court on Friday sentenced a Lebanese-Canadian sociology professor to life in prison in absentia for the 1980 bombing of a synagogue in the French capital that left four people dead. The court followed the prosecutor's request for the maximum possible punishment against Hassan Diab, now 69 and a resident of Canada, a decision that was met with silence in court. Some victims and their families could be seen embracing at the end of three weeks of proceedings during which the suspect's box remained empty throughout. Prosecutors had said in their closing arguments Thursday that there was "no possible doubt" that Diab, the only suspect, was behind the attack. Diab, speaking to reporters in Ottawa, called the verdict "Kafkaesque" and "not fair." "We'd hoped reason would prevail," he said, adding that he expects Canada not to send him back to France to serve the sentence. In the early evening of October 3, 1980, explosives placed on a motorcycle detonated close to a synagogue on the Rue Copernic in Paris's chic 16th district, killing a student passing by on a motorbike, a driver, an Israeli journalist, and a caretaker. Forty-six others were injured in the blast. The bombing was the first deadly attack against a Jewish target on French soil since World War II. No organization claimed responsibility but police suspected a splinter group of the Popular Front for the Liberation of Palestine. French intelligence agents in 1999 accused Diab of having made the 10-kilogram (22-pound) bomb. They pointed to Diab's likeness with police sketches drawn at the time and handwriting analyses that they said confirmed him as the person who bought the motorbike used in the attack. They also produced a key item of evidence against him -- a passport in his name, seized in Rome in 1981, with entry and exit stamps from Spain, where the attack plan was believed to have originated. In 2014, Canada extradited Diab at the request of the French authorities. However, investigating judges were unable to prove his guilt conclusively during the investigation and Diab was released, leaving France for Canada as a free man in 2018. Three years later, a French court overturned this earlier decision and ordered Diab should stand trial on charges of murder, attempted murder, and destruction of property in connection with a terrorist enterprise. Canada's Prime Minister Justin Trudeau said at a press conference after the verdict was announced that "we will look carefully at next steps, at what the French government chooses to do, at what French tribunals choose to do". "But we will always be there to stand up for Canadians and their rights," he said. Denials Most of the evidence presented against Diab was based on intelligence sources, and his lawyers had again argued the case should be thrown out. "I'm in front of you to avoid a miscarriage of justice," celebrity defense lawyer William Bourdon told the court Thursday, saying that an acquittal was "the only judicial decision possible". Diab has claimed he was sitting exams in Lebanon at the time of the attack, backed up by statements from his ex-partner and former students. His conviction means he will now again become the subject of an arrest warrant, which risks stoking diplomatic tensions between France and Canada after his first extradition took six years. David Pere, a lawyer for some of the people present in the synagogue at the time of the bombing, said his clients were "not motivated by vengeance nor looking for a guilty person's head to stick on a pike... they want justice to be done". Diab has won some backing from NGOs, including Amnesty International, who said his assertion that he was in Lebanon at the time of the attack was credible The post Paris court gives Canada-based professor life for 1980 synagogue bomb appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsApr 21st, 2023

CCTV footage as evidence

In these modern times, closed circuit television cameras have been installed almost everywhere — whether hidden or apparent, whether in a public or private place. CCTV cameras are now fixtures in homes to safeguard families, and in commercial establishments to protect businesses. They have been likewise installed in common areas such as streets, highways, airports, and on public transportation. It cannot be denied that CCTV cameras help greatly in preventing and detecting crime. The cameras reassure the public of their safety and make a criminal think again before committing a crime. Since CCTV footage has been considered to be a great help to authorities in investigating the commission of crimes, it follows that video footage is usually offered as evidence to prove the commission of a crime. A question to be asked, however: Is CCTV footage admissible in evidence? The Rules on Electronic Evidence, amended in 2002, expressly provide for the admissibility of video recordings as evidence in court; provided that: It shall be shown, presented, or displayed to the court; and It shall be identified, explained, or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof; To authenticate means to prove or show that the video is true, genuine, and valid. It must be shown that the video was not tampered with, altered, or manipulated. Without the testimony of the person who took the video or the testimony of a competent person who can identify, explain or authenticate it, the video is inadmissible in evidence. In the case of People v. Manansala (GR 233104, 2 September 2020), the Supreme Court elucidated that “persons authorized to authenticate the video or CCTV recording are not limited solely to the person who made the recording but also to another witness who can testify to its accuracy.” In the above-cited case, the testimony of a competent person as to the authenticity of a barangay CCTV footage, corroborated and supported by the testimonies of an eyewitness, was sufficient to hold the accused guilty beyond reasonable doubt of the crime of murder. However, in  People v. Concepcion (GR 249500, 6 December 2021), the Supreme Court clarified that the case of Manansala required the party presenting the recording to account for its origin; how it was transferred to a storage device; and how it reached the trial court for its presentation. In the case of Concepcion, which involved a criminal case of rape, the accused offered in evidence CCTV footage to prove that it was physically impossible for him to have raped the victim since he was at home at the time with his common-law wife, Vanessa Vivar. The defense presented the testimony of Rolando Recto, the administrative manager of the five-floor building where the accused resided. Recto affirmed that accused was a lessee of Unit 401 and that the CCTV camera on that floor was placed near that unit. When initially questioned by the lower court, Recto admitted that he was not the one who downloaded the video footage and that the one who did so was no longer connected with the building. He said the CCTV video footage had a lifespan of three weeks. On cross-examination, Recto said a certain Rafael Santos was in charge of the CCTV, and that Recto was not around when an investigating team asked for a copy of the subject CCTV footage. In resolving the case, the Supreme Court agreed with the lower court that the CCTV footage the accused offered could not be admitted and relied upon because the person who downloaded or copied the CCTV footage from the main server was never identified. The Supreme Court found that aside from general assurances that Recto was familiar with the CCTV footage, his testimony failed to account for the origin of the footage, how it was transferred to a storage device, and how it reached the trial court for presentation. The post CCTV footage as evidence appeared first on Daily Tribune......»»

Category: sportsSource:  abscbnRelated NewsApr 21st, 2023

Fox News settles defamation case for $787.5M, avoiding trial

Fox News reached a $787.5 million settlement Tuesday in a defamation case brought by voting technology company Dominion that alleged the network knowingly aired false claims linking its machines to a conspiracy to undermine the 2020 US election. The agreement to end the case avoided what most experts suggested would have been a damaging, high-profile trial for the conservative channel in which owner Rupert Murdoch would have been compelled to testify in open court. Judge Eric Davis announced the last-minute agreement after the 12 jurors had been selected and the Delaware Superior Court was readying to hear opening arguments. Fox News said in a statement it was "pleased" to have ended the dispute and added: "We acknowledge the court's rulings finding certain claims about Dominion to be false." Dominion CEO John Poulos told reporters outside the court that Fox had "admitted to telling lies about Dominion that caused enormous damage to my company, our employees, and our customers. Nothing can ever make up for that." The proceedings, trailed by the New York Times as "the defamation trial of the century," had been due to test the limits of free speech rights for media in America when wilfully broadcasting misinformation. Analysts had predicted it could be one of the most consequential libel hearings in US legal history. The settlement, believed one of the largest in a defamation case ever, means star anchors, such as Tucker Carlson and Sean Hannity will also avoid appearing on the witness stand. US media reported that the agreement does not require Fox hosts to apologize on-air or admit spreading falsehoods. Dominion sued Fox News for $1.6 billion in March 2021, alleging it promoted Donald Trump's baseless claim that its machines were used to rig the presidential election he lost to Joe Biden. Dominion argued that Fox aired the lies despite knowing they were untrue. It said the network began endorsing Trump's conspiracy because the channel was losing audience to smaller rivals after it became the first television outlet to call the southwestern state of Arizona for Biden, effectively projecting the Democrat would win the presidency. Fox News denied defamation. It claimed it was only reporting on Trump's allegations, not supporting them, and was protected by free speech rights enshrined in the First Amendment of the US Constitution. The protection makes it difficult for plaintiffs to win defamation suits in the United States. In pre-trial hearings, Davis ruled that there was no question Fox aired false statements about Dominion. For Dominion to have won however, it would have been required to prove that Fox News acted with actual malice -- knowing the information was wrong or having a "reckless disregard" for the truth. The tough burden has been a bedrock of US media law since 1964. Dominion released a trove of internal Fox News communications in which some commentators and executives balked at Trump's claims and even expressed a dislike of the ex-president despite praising him on air -- evidence, it said, of malice. A filing showed that Murdoch described comments by former Trump advisors Rudy Giuliani and Sidney Powell pushing Trump's claim that the election was stolen from him as "really crazy stuff. And damaging." Murdoch also admitted in a deposition in the case that some on-air hosts had "endorsed" the lie but he denied that the network in its entirety had pushed it, according to court documents filed by Dominion. Carlson told staff he couldn't wait until he could "ignore Trump most nights," adding: "I hate him passionately." Fox News accused Dominion of "cherry-picking and taking quotes out of context." John Culhane, a professor at Delaware Law School at Widener University, said high-profile Fox names defending themselves in court would have been much worse for the network than the settlement. "The audio would have been replayed a thousand times, forever," he told AFP. Fox News has overcome several crises in recent years and was the most-watched cable news channel for a seventh year in a row last year, well ahead of competitors MSNBC and CNN. It employs some traditional news reporters, but the majority of its airtime is given to conservative commentators, including in prime-time shows. "The network has been completely exposed as a partisan propaganda outlet that is willing to do anything for profit and power," said Media Matters advocacy group president Angelo Carusone, reacting to the settlement. The post Fox News settles defamation case for $787.5M, avoiding trial appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsApr 19th, 2023

8 Makati druggies fall

Southern Police District director P/Brig. Gen. Kirby John Kraft on Tuesday reported the seizure of P1,121,524 worth of suspected shabu and the arrest of eight drug suspects at Laperal Compound in Barangay Guadalupe Viejo, Makati City last Monday. The eight suspects were identified as Jake de la Vega y Jumarang, Ryan Sularte, Roderick Gayacao, Kaitlyn Gabaya, Amador Romasanta, Mary Grace Roldan, Rose Ann Lopez and Joy Espayos. The arrests came after personnel from the Poblacion Substation, through a report from a concerned citizen, chanced upon a group engaged in cara y cruz. Confiscated from the scene were three pieces P1 used as flippers/pang-ngara and bet money amounting to P1,740 in different denominations. However, when police conducted procedural body search, the suspects were found in possession eight medium and seven small heat-sealed transparent plastic sachets containing suspected shabu with estimated weight of 164.93 grams valued at P1,121,524 and one digital weighing scale. The suspects and recovered evidence were brought to Poblacion Substation 6 for proper documentation and the case was referred to Investigation and Detection Management. The post 8 Makati druggies fall appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsApr 18th, 2023

US Justice Department taking abortion pill fight to Supreme Court

The US Justice Department said Thursday that it will go to the Supreme Court to appeal restrictions imposed on a widely-used abortion pill in the latest round of a fierce battle over reproductive rights. The decision by President Joe Biden's administration came just hours after an appeals court rejected moves to ban mifepristone outright, but imposed a series of measures restricting access to the pill. As the Justice Department prepared an emergency filing with the nation's highest court, the White House slammed a Florida bill that would ban abortion in the third most populous state after six weeks, before many women even know they are pregnant. White House Press Secretary Karine Jean-Pierre said the bill passed on Thursday by the Republican-controlled legislature in Florida was "extreme and dangerous" and "flies in the face of fundamental freedoms." More than a dozen US states have passed laws severely restricting abortion since the conservative-dominated Supreme Court last year overturned the landmark Roe v. Wade ruling that had enshrined the constitutional right to abortion for half a century. Mifepristone, which was approved by the Food and Drug Administration (FDA) in 2000 and accounts for more than half the abortions in the United States, has become the centerpiece of the country's latest clash over women's reproductive freedom. Attorney General Merrick Garland said the Justice Department will seek "emergency relief from the Supreme Court to defend the FDA's scientific judgment and protect Americans' access to safe and effective reproductive care." Speaking to reporters during Biden's visit to Dublin, Ireland, Jean-Pierre said "we believe that the law is on our side, and we will prevail." Late Wednesday, the US Fifth Circuit Court of Appeals said mifepristone, also known as RU 486, should remain available pending a full hearing of the case, but limited access to the first seven weeks of pregnancy, down from 10. The appeals court also said in-person visits would be necessary to obtain the pill -- a requirement lifted in recent years -- and blocked the medication from being sent by mail. The 2-1 ruling by the conservative-majority appeals court in New Orleans, Louisiana, came after a US District Court judge in Texas overturned the FDA's two-decades-old approval of the drug last Friday. 'Furious'  The appeals court said anti-abortion opponents had waited too long to challenge the drug's approval by the FDA but gave them a victory of sorts by imposing restrictions on its use, a move denounced by groups seeking to maintain access to abortion. "We are furious that yet another court would choose to jeopardize the health and futures of the millions of people who rely on mifepristone for abortion care," said Planned Parenthood president Alexis McGill Johnson. Jennifer Dalven, director of the ACLU Reproductive Freedom Project, said "unless the Supreme Court steps in, this decision will prevent many people from getting abortion care and force them to remain pregnant against their will." The anti-abortion group Susan B. Anthony described the appeals court ruling by two judges appointed by former Republican president Donald Trump as a "win." "The court recognized that the abortion pill is dangerous and rolled back Biden's reckless mail-order abortion scheme," said Susan B. Anthony state policy director Katie Daniel. Mifepristone is one component of a two-drug regimen that can be used in the United States through the first 10 weeks of pregnancy. It has a long safety record, and the FDA estimates 5.6 million Americans have used it to terminate pregnancies since it was approved. 'Unborn human' Last week's ruling by Judge Matthew Kacsmaryk, also a Trump appointee, seeking to impose a nationwide ban on mifepristone came in response to a suit by a coalition of anti-abortion groups. The judge, in his decision, adopted language used by abortion opponents, saying the drug was used to "kill the unborn human." Kacsmaryk said the two-drug regimen that includes mifepristone had resulted in "thousands of adverse events suffered by women and girls," including intense bleeding and psychological trauma. But the FDA, researchers, and the drugmaker say decades of experience have proven the medication to be safe and effective when used as indicated. The Biden administration and leading pharmaceutical and biotech companies also argued that Kacsmaryk's ruling risked undermining the entire drug approval authority of the FDA. "If this decision stands, no medication -- from chemotherapy drugs to asthma medicine, to blood pressure pills, to insulin -- would be safe from attacks," said Vice President Kamala Harris. Polls repeatedly show a clear majority of Americans support continued access to safe abortion, even as conservative groups push to limit access to the procedure -- or ban it outright. The post US Justice Department taking abortion pill fight to Supreme Court appeared first on Daily Tribune......»»

Category: newsSource:  tribuneRelated NewsApr 14th, 2023

Valid easement

This is a case involving the easement of right of way. The question resolved here is when and how the easement can be established and dissolved......»»

Category: newsSource:  philstarRelated NewsApr 13th, 2023

Right of way

Dear Atty. Joji,   I own a property, a farm to be exact. The route though, before I get to my farm, will touch a neighbor’s property. Since my farm is enclosed by other properties, can I demand a right of way? Thank you po.   Gerard   --------------------------------------------------------   Dear Gerard,   To answer your question, we shall refer to Article 649 of the New Civil Code, which reads as follows: “Article 649. The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity. xxx” (Emphasis supplied). To be entitled to an easement of right of way, the following requisites should be met: —  The dominant estate is surrounded by other immovables and has no adequate outlet to a public highway — There is payment of proper indemnity — The isolation is not due to the acts of the proprietor of the dominant estate — The right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest. One of the requisites for a compulsory grant of right of way is that the estate of the claimant of a right of way must be isolated and without outlet to a public highway. In the case of Dichoso Jr. vs Marcos (GR 180282, 11 April 2011), the Court ratiocinated, through Associate Justice Antonio Eduardo Nachura, that “the true standard for the grant of compulsory right of way is adequacy of outlet going to a public highway and not the convenience of the dominant estate.” (Emphasis supplied) Hope this helps.   Atty. Joji Alonso The post Right of way appeared first on Daily Tribune......»»

Category: sportsSource:  abscbnRelated NewsApr 12th, 2023

CA affirms dismissal of trumped-up case vs. journalist, trade unionist

In a decision dated Jan. 27, CA Associate Justice Lorenzo R. Dela Rosa said that the “granting of the quashal of the search warrants is only proper and just.” The post CA affirms dismissal of trumped-up case vs. journalist, trade unionist appeared first on Bulatlat......»»

Category: newsSource:  bulatlatRelated NewsFeb 20th, 2023

Kagawad sued for trafficking

A barangay official in Baguio has been sued along with four others for alleged involvement in trafficking of 11 women, who were recently rescued from a massage parlor along Magsaysay Avenue......»»

Category: newsSource:  philstarRelated NewsJan 31st, 2023