27/09/2016
I am writing a book, coming soon, entitled "DANGEROUS LAWS IN THE PHILIPPINES".
A lot of problems in the Philippines would be solved by the proper enforcement of laws (not just “law enforcement”). However, that doesn’t mean we should push for certain laws that would help make the country a better place (and repeal or modify outdated ones). It’s probably great that our newly-elected congressmen and senators are already getting busy creating new laws but it is, perhaps, high time they spend some time reviewing the old ones too, right?
DANGEROUS LAWS IN THE PHILIPPINES. Attention husbands and wives, especially foreigners married to Filipino nationals:
(1) If the husband destroys a personal property of his wife (bag, cellphone, shoes, clothes, etc.), he can be charged under RA 9262 Section (5) Paragraph (h) Sub-paragraph (4) and may face jail term:
"Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child;" (refers to the wife only).
Whereas, if the wife destroys a personal property of her husband, the wife is exempted, or cannot be charged. As she is protected by Article 332 of the Revised Penal Code: "Persons exempt from criminal liability. No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons: (1) Spouses, ascendants and descendants, or relatives by affinity in the same line; x x x"
APPEALING TO SENATORS AND CONGRESSMEN:
Amend Article 332, considering that brothers and sisters-in-law, IF LIVING TOGETHER, is exempt from the following criminal liability: theft, swindling or malicious mischief. Just imagine, caring for your in-laws, feeding them and allowing them to stay in your house... if they swindled you or steal from you, they are exempted because you allowed them stay in your house.
Other dangerous laws will be discussed later:
[1] Presidential Decree No. 1563 (Anti-Mendicancy Law)
[2] Republic Act 9262 (Violence Against Women and Children VAWC)
[3] Republic Act 10022 (Amended Migrant Workers Act)
[4] Article 332 of the Revised Penal Code
[5] Republic Act 7610 (Anti-Child Abuse Law)
[6] Republic Act 9208 (Anti-Trafficking in Persons Act of 2003)
Why are these "DANGEROUS LAWS"? Comment below and let me know your thoughts...
O, ito pa isa sa mga Dangerous Laws in the Philippines: Section 6 of Republic Act 7610.
Attention foreigners with generous hearts, BEWARE.
An Australian national who was on a two-week holiday in the Philippines had befriended several Manila street children. He would give them biscuits, juice drinks in tetra pack. Other times, he would treat them to a fastfood chain for lunch or snacks. One day, he invited these children to the condominium hotel he was renting, and let them watch movies on his TV, enjoy the air conditioning, let them take a bath, even gave them clothes.
A day later, he was arrested and paid a fine of P120,000.00 (roughly US$2,500) and was imprisoned for a few months.
Here's the RA 7610 provision:
Section 6. Attempt To Commit Child Prostitution. – There is an attempt to commit child prostitution under Section 5, paragraph (a) hereof when any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution, under paragraph (b) of Section 5 hereof when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments. A penalty lower by two (2) degrees than that prescribed for the consummated felony under Section 5 hereof shall be imposed upon the principals of the attempt to commit the crime of child prostitution under this Act, or, in the proper case, under the Revised Penal Code.
DANGEROUS LAWS IN THE PHILIPPINES
One of the laws that might get you in trouble for doing a good deed is Republic Act 7610.
One case in point: An island resort hires locals as its staff [chambermaid, front desk, waiter/waitresses, chef, utility, security, etc.] and allots a staff quarter for them to stay. Some, since they are locals, bring in their family to the island resort. The owner allows this because it makes the staff efficient and available 24/7, hence a separate cottage is assigned to them. One particular staff brought in her three minor children, since both she and her husband are employed in the island resort. The owner provided food for the family, even providing school supplies to the children and paying for their school expenses [projects, contributions, boy/girl scout fees].
One day, barangay officials went to fetch the owner. They told the owner that the three children were brought to the local police station because they were caught in the act of stealing from the resort's guests. Apparently, guests of the island resort in the past have lost money, gadgets, and jewelry but it always gets settled because the owner would compensate the guest for lost items, and most of the times, guests will not bother for a little amount of money.
When the owner arrived at the precinct, the owner scolded the children and reminded them of the consequences of their wrong deed. The children, after all, were like family to the resort owner.
The parents of the children served detention time. A year past, the resort owner was served subpoena for RA 7610 - or the Violence Against Women and Children (VAWC) Act. The owner was sued by the parents for "child abuse" and was demanded to pay them P750,000 (P250,000 per child), for damages because the children "suffered mental anguish when they were humiliated in public".
Such a sad fate. This story is an epic example of a law that is often abused, especially by those who wish to rob their employers who have been good to them. They knew that a labor case will not hold water, but a 7610 case will. After all, most of 7610 cases favor the so-called "violated woman or child/children" whatever the merits may be.
Alam mo ba na HINDI NAKUKULONG ANG KABIT o MISTRESS?
Ayon sa Article 334 ng Revised Penal Code:
"Concubinage - any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual in*******se, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prison correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro."
Ang penalty ng kabit o mistress ay destierro. Ang destierro, ayon sa Article 87 ng Revised Penal Code, ang kabit o mistress ay bawal pumasok sa not less than 25 kilometers and not more than 250 kilometers sa place of designated sentence.
Ayaw magreklamo ang mga tunay na asawa sapagkat wala ring mangyayari o hindi makukulong. Kaya kung ang kabit/mistress ay convicted sa Manila ay pwede sya lumipat saanmang probinsya at dadalaw na lang si lalaki.
Pag binigyan ng puhunan ang kabit sa isang negosyo at lumago, hati ang mistress kasi industrial partner sya, ayon naman sa Article 148 ng Family Code of the Philippines.
Baka malaman ng Santo Papa na may batas na ganito, patay tayo. Kaya dapat ang miyembro ng CBCP ay pumunta sa Kongreso upang i-lobby na baguhin ang batas hinggil sa mga kabit o mistress para mabawasan ang immoral sa Pilipinas.
Panawagan ko sa mga senator at congressman na amyendahan ang Article 334 ng Revised Penal Code sapagkat 1932 pa ito ginawa at na-approved noong 1932. PATAY na ang lahat ng gumawa ng batas na ito pero ang Article 334 ng Revised Penal Code ay buhay pa.
