Man shot dead after argument with common-law wife
CEBU CITY, Philippines — A heated argument between live-in-partners resulted to the death of a 41-year-old man in Sitio Balhaan, Barangay Madridejos in Alegria, Cebu, past 5 p.m. on Sunday, November 27, 2022. Police Lieutenant Alexius Tangub, chief of Alegria Police Station, identified the victim as Neil Leproso, 41, a resident of Sitio Balhaan. Leproso […] The post Man shot dead after argument with common-law wife appeared first on Cebu Daily News......»»
Davao City’s top shabu dealer slain in police operation
Policemen shot dead an uncooperative narcotics trafficker who is in the list of most wanted shabu and marijuana peddlers in Davao City in an entrapment operation that went awry on Saturday......»»
Businesswoman shot dead in Kidapawan City
Two men riding a motorcycle together shot dead a businesswoman along a busy street in Kidapawan City in Cotabato province on Saturday morning......»»
Florida gunman driven by racial ‘hate’ kills 3: authorities
A gunman in Jacksonville, Florida driven by racial hatred shot dead three Black people in a discount store Saturday before killing himself after a standoff with police, authorities said. "He targeted a certain group of people and that's Black people. That's what he said he wanted to kill. And that's very clear," Jacksonville Sheriff TK Waters told a news conference about the gunman, who was white and in his early 20s. According to the sheriff's office, the shooter, who has not yet been identified, entered the Dollar General store wearing a tactical vest, armed with an AR-style rifle and a handgun. Manifestos discovered by the gunman's family shortly before the attack "detail the shooter's disgusting ideology of hate," Waters said, and at least one of the guns had hand-drawn swastikas on it. The shooting took place near Edward Waters University, a historically Black college in the southern US state. The FBI would investigate the shooting as a hate crime, said Sherri Onks, the bureau's special agent for Jacksonville. Florida Governor Ron DeSantis decried the "horrific" shooting and called the gunman a "scumbag." "He was targeting people based on their race, that is totally unacceptable," said DeSantis, who is competing to be the Republican party's candidate for the 2024 White House race. "This guy killed himself rather than face the music and accept responsibility for his actions and so he took the coward's way out.” The shooting was the latest in a spate of gun violence this weekend in the United States. Mass shootings have become disturbingly common across the United States, with easy access to firearms in most states and more guns in the country than citizens. Earlier in the day at least seven people were hospitalized after a mass shooting at a Caribbean festival in the northeast city of Boston, police said. Meanwhile, two women were shot at a baseball game in Chicago the night before. That same night a 16-year-old was shot dead and four others hurt after an argument erupted at a high school football game in Oklahoma, local police said. The Jacksonville shooting comes after a self-declared white supremacist killed 10 Black people in a live-streamed shooting rampage at a supermarket in the US state of New York in May 2022. Payton Gendron planned the attack for months, targeting Tops Friendly Market in Buffalo because of the large African-American population in the surrounding neighborhood. He pleaded guilty to the killings in November. Saturday's shooting in Jacksonville is five years to the day after a mass shooting in the city when a gunman at a video game tournament killed two and wounded several others before killing himself. nro/acb © Agence France-Presse The post Florida gunman driven by racial ‘hate’ kills 3: authorities appeared first on Daily Tribune......»»
VAWC law covers lesbian relationships
In the recent case of Jacinto v. Fouts (GR 250627, 7 December 2022), the Supreme Court ruled that Republic Act 9262, or the Violence against Women and their Children Act, applied to lesbian relationships, thus benefiting women victimized by their female partners. The case originated from an incident in 2018 where Jacinto was accused of assaulting her live-in partner, Fouts. A criminal case for violation of RA 9262 was filed against Jacinto, who argued that RA 9262 did not apply to lesbian relationships and sought to have the case dismissed. RA 9262 defines violence against women and their children as “any act or series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which resulted in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse, including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty.” The trial court rejected Jacinto’s argument, saying that RA 9262 applied to any person, regardless of gender, who has had a sexual or dating relationship with a woman. Citing the case of Garcia v. Drilon (GR 179267, 25 June 2013), the court held that the use of the gender-neutral term “person” in the law’s provisions encompassed lesbian relationships. Jacinto went to the Supreme Court and argued that the trial court was wrong in its interpretation of RA 9262. According to her, such interpretation would unjustly protect one woman in a relationship while denying the other woman the same protection. Jacinto also argued that the Supreme Court’s statement regarding lesbian relationships in Garcia v. Drilon was simply an obiter dictum that was not binding to the present case. An obiter dictum is a remark made, or opinion expressed, by a judge in his decision upon a cause by the way, that is, incidentally or collaterally, and not directly upon the question before him, or upon a point not necessarily involved in the determination of the cause, or introduced by way of illustration, or analogy or argument (Dee v. Harvest All Investment Limited, 807 Phil. 572, 583, 2017). The Supreme Court affirmed the trial court’s interpretation that RA 9262 applied to lesbian relationships. It disagreed with Jacinto’s argument that the statement regarding lesbian relationships was a mere obiter dictum. The Court noted that one of the issues raised in Garcia was the supposed discriminatory and unjust provisions of RA 9262 which were likewise violative of the equal protection clause. Thus, the Court’s discussion as to the applicability of the law to lesbian relationships was clearly a resolution of the issue raised in Garcia and not a mere obiter dictum or an opinion of the Court. 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 VAWC law covers lesbian relationships appeared first on Daily Tribune......»»
Co-ownership presumed in void marriages
Last week, I wrote about the partition of properties that follows after the marriage between spouses is declared null and void. As discussed then, whatever property regime (absolute community, conjugal partnership or complete separation) the parties followed during marriage will not come into play once the marriage is annulled. This is so because as expressly declared by Article 147 of the Family Code, properties acquired during cohabitation after the same has been declared null, shall be considered co-owned by the parties. By co-ownership means, the once-married spouses now own them fifty-fifty. But note that said provision of the law expressly states that “in the absence of proof to the contrary, properties acquired while they lived together shall be presumed to have been obtained by their joint efforts, work or industry, and shall be owned by them in equal shares.” From the above, co-ownership is a disputable presumption. So for as long as a party proves otherwise, the fifty-fifty presumption will not be upheld by the courts. Ok, so what if during the marriage, husband A buys a house. In the title, the registered owner is only him, although it explicitly states that he is married to his wife B. B, on the other hand, purchases a condominium unit. The title this time bears only her name as the registered owner, without even any express mention that she is married to A. Let us just say that one day, one of them obtains a declaration of nullity of their marriage and partition of property follows. So we all know that whatever properties they obtained during the time they lived together will be co-owned by them, correct? Yes, that is right. But can A claim that the house he bought is his alone as borne by the title itself. Had they, A and B, jointly bought them, then the registered owners should be them both. Following that argument, can B now claim that her title to the condominium unit is enough proof to show that it was acquired solely through her efforts? Well as things seem, yes; the presumption of co-ownership has been overcome. And necessarily, the house must go to A alone while the condominium to B exclusively. Will this be a correct interpretation of the provisions of the Family Code? Here is how the Supreme Court resolved the issue in Virginia Ocampo v. Deogracio Ocampo (G.R. No. 198908 promulgated on 3 August 2015). “From the foregoing, property acquired by both parties through their work and industry should, therefore, be governed by the rules on equal co-ownership. Any property acquired during the union is prima facie presumed to have been obtained through their joint efforts. A party who did not participate in the acquisition of the property shall be considered as having contributed to the same jointly if said party’s efforts consisted of the care and maintenance of the family household. Efforts in the care and maintenance of the family and household are regarded as contributions to the acquisition of common property by one who has no salary or income or work or industry. In the instant case, both the trial and appellate courts agreed that the subject properties were in fact acquired during the marriage of Virginia and Deogracio. We give due deference to factual findings of trial courts, especially when affirmed by the appellate court, as in this case. A reversal of this finding can only occur if petitioners show sufficient reason for us to doubt its correctness. There is none, in this case. Likewise, we note that the former spouses both substantially agree that they acquired the subject properties during the subsistence of their marriage. The certificates of titles and tax declarations are not sufficient proof to overcome the presumption under Article 116 of the Family Code. All properties acquired by the spouses during the marriage, regardless in whose name the properties are registered, are presumed conjugal unless proved otherwise. The presumption is not rebutted by the mere fact that the certificate of title of the property or the tax declaration is in the name of one of the spouses only. Article 116 expressly provides that the presumption remains even if the property is ‘registered in the name of one or both of the spouses’. Thus, the failure of Virginia to rebut this presumption, said properties were obtained by the spouses’ joint efforts, work or industry, and shall be jointly owned by them in equal shares. Accordingly, the partition of the former spouses’ properties on the basis of co-ownership, as ordered by the RTC and the appellate court, should be affirmed.” Clear as day then. The fact that a title is solely in the name of a spouse does not overcome the presumption of co-ownership. It takes more than that. What then is needed to overcome the presumption? Consult your counsel. The quoted provision of the decision is from the case mentioned above. The post Co-ownership presumed in void marriages appeared first on Daily Tribune......»»
Man shot dead after argument with common-law wife
CEBU CITY, Philippines — A heated argument between live-in-partners resulted to the death of a 41-year-old man in Sitio Balhaan, Barangay Madridejos in Alegria, Cebu, past 5 p.m. on Sunday, November 27, 2022. Police Lieutenant Alexius Tangub, chief of Alegria Police Station, identified the victim as Neil Leproso, 41, a resident of Sitio Balhaan. Leproso […] The post Man shot dead after argument with common-law wife appeared first on Cebu Daily News......»»
7 nanlaban drug suspects dead after Baste Duterte declares drug war
Less than a week after Davao City Mayor Sebastian Duterte declared a "war on drugs" in the city, at least seven drug suspects were killed during a buy-bust operation in the city — violence that highlights the seriousness of the mayor's recent threat of outright killing persons caught using illegal drugs......»»
Kaspersky Shares Cybersecurity Tips for a Peaceful Getaway during the holy week
As the holiday season approaches, the urge to unwind and kick back is natural. And it’s all too common for people to let their guard down completely when connecting to the Internet too– but shouldn’t. Recently, the Philippine National Police (PNP) Anti-Cybercrime Group shared its findings on identity theft cases in the country. Between November […].....»»
Six presumed dead after ship destroys major US bridge
Authorities on Tuesday suspended their search for six people missing after a packed cargo ship slammed into a Baltimore bridge, causing it to collapse and blocking one of the busiest US commercial harbors......»»
Father shoots son dead for disrespecting mom in Cebu City
CEBU CITY, Philippines – He was only requested to turn off the lights of his hut, but his disrespectful response to his mother’s order ultimately led to his death. The fatal shooting of a 28-year-old jobless man by his own father in Barangay Lahug, Cebu City on Monday night allegedly stemmed from months of constant.....»»
Missing man found dead in Barangay Bonbon
CEBU CITY, Philippines — A 50-year-old man who had been missing for two weeks was found dead in Sitio Golivas, Barangay Bonbon, Cebu City. The victim was identified as Adriano Fuentes Durano, a resident of Kiniasan, Barangay Bonbon, Cebu City. Police Major Philip John Libres, chief of Malubog Police Community Precinct, stated that on Tuesday.....»»
7 dead after Davao City Mayor Duterte declares war vs. drugs
DAVAO CITY (MindaNews / 26 March) – Two more drug suspects died in separate buy-bust operations in Toril District here before dawn Tuesday, after they allegedly resisted arrest, a police official said. This brought the number of fatalities to seven since Davao City Mayor Sebastian “Baste” Duterte declared a “war” on illegal drugs last March […].....»»
Authorities verifying 13 dead in North Cotabato road mishap
Authorities are still verifying the 13 fatalities in a vehicular accident involving a passenger van that collided with a dump truck along the National Highway in Barangay Luhong, Antipas, around 12:15 p.m. in North Cotabato on March 25, 2024......»»
Stewart Cink, 50, part of five-way tie for Valspar lead
(Photo credit: Kyle Terada-USA TODAY Sports) Fifty-year-old Stewart Cink shot a 4-under 67 to join a five-way tie for the lead at the Valspar Championship before play was suspended Friday in Palm Harbor, Fla. As the field endured rainy conditions at Innisbrook Resort's Copperhead Course, 20 golfers did not complete their rounds before darkness fell. They will resume their second rounds Saturday at 9 a.m. The five co-lea.....»»
2 dead, 34 injured in road crashes in Philippines over weekend
MANILA, March 24 (Xinhua) -- Two people died and 34 others were hurt in two separate road crashes in the Philippines over the weekend, local authorities said Sunday. A municipal disaster prevention official said a female bus collector was killed after a passenger bus rammed into a trailer truck parked on the roadside in a town in Davao de Oro province in the southern Philippines around 4 a.m. local time on Sunda.....»»
2 dead, 34 injured in road crashes in Philippines over weekend
MANILA, March 24 (Xinhua) -- Two people died and 34 others were hurt in two separate road crashes in the Philippines over the weekend, local authorities said Sunday. A municipal disaster prevention official said a female bus collector was killed after a passenger bus rammed into a trailer truck parked on the roadside in a town in Davao de Oro province in the southern Philippines around 4 a.m. local time on Sunda.....»»
1 dead, 2 hurt in truck smashup
A trailer truck driver was killed while two others were injured in a collision with a dump truck along Mel Lopez Boulevard in Tondo, Manila on Friday morning......»»
Martin Nievera is proud ‘Lilo’ to first apo
Martin Nievera is now a proud grandfather to baby Phineas Atlas, his and ex-wife Pops Fernandez’s first apo from their eldest son Robin and his non-showbiz partner......»»
3 dead, 592 others afflicted with measles in BARMM since January
Three children in the Bangsamoro region died from measles in the past 10 weeks while 592 others contracted the viral, supposedly vaccine-preventable disease during the period, regional officials reported on Saturday......»»
Russia says 40 dead, 145 injured in concert hall raid; Islamic State group claims responsibility
Russia says 40 dead, 145 injured in concert hall raid; Islamic State group claims responsibility.....»»