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German nabbed for travelling with minor not related to him


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Paul
It makes me very sad that I or anyone else should have to watch our p's and q's just because we are not Filipino but the facts are that many people seem to think poorly of us because of all those who get arrested and because of crazy stories that are spread around.

 

Another sad point, more so - in fact, is that many more Filipinos, whether immediate family members or close friends, abuse more children every day, than the numbers of foreigners ever will.

 

Do not get me wrong here. I am not discounting the fact that many foreigners travel to these countries in order to harm children. But, the Philippine government should put more of a focus on the very citizens of the country, who are doing this as well. 

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My wife, when reading this said, " Somebody that was jealous of the family just turned them in, because if there was no complaint, nobody would do anything, the same thing could happen to us"    And

i clicked on the article and to be fair, even if the family is meeting them at the pier the german wasn't riding the bike with the mother or father, he was riding it with the minor girl and showed up

I think you guys should all settle down and read this bit from Senior Supt. Noel Gillamac, Cebu provincial police director.   “There have been parents who, because of poverty, allowed their children

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towboat72

I don't think anyone will argue that this law was written with the best intentions in the world--to protect children-- but it is a badly written law.

 

plus it also depends on who is going to look at the situation and interperate it...one person will see it one way and aomeone else sees it another way.

 

just like what is happening on this forum

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lance.schukies

I just want to clarify :

will forego a "preliminary investigation" in the Philippines in http://cebudailynews.inquirer.net/57426/raps-filed-against-german-tourist

every lawyer I know says forego it as : " If no charges are filed within the prescribed

period, the police officers who arrested the

person or the fiscal can be charged with

violation of Article 125 RPC. If anyone you know

has been arrested by the police, make sure that

he reads and understand completely what he

may be asked to sign. He might be signing a

waiver of Article 125, in which case he can be

detained beyond the prescribed periods."

 

you can be locked up in a holding cell indefinitely. to me it goes against logic (when you read the law) as if you think the case is weak you would want a investigation, but from what I can tell few cases have been dismissed ..

 

am I missing something or is this another example of written law vs actual law

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Woolf

http://www.chanrobles.com/revisedpenalcodeofthephilippinesbook2.htm

 

 

Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The penalties provided in the next preceding article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.chanrobles virtual law library chan robles virtual law library

In every case, the person detained shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).

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lance.schukies

I know that law, the point of my post is that law is no longer in the equation if you ask for a "preliminary investigation" there are so many people posting that the courts only charge guilty people.

since most lawyers recommend no "preliminary investigation" the courts are not looking into the charges apart from making sure they have a file to put a docket number on.

When you visit a police station you can see the people who have asked for a "preliminary investigation" waiting for their day in court, and do not bother quoting the 15 day bs as I know the time limits in the laws a optional. only enforceable if a court orders them.

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Tullioz

 I hope you see the analogy that an average, normal person would interpret the law as you suggest but there are as many cowboy cops and other government officials in Philippines as there are in other countries and this law gives them permission to arrest first, throw you in jail for weeks, and ask questions later.

 

So what you are saying that most people posting in this thread are abnormal and not average since they continue to believe that it is against the law to be in the company of a minor in the Philippines ;)

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Woolf

 

 

I know that law,

 

I found the article  and posted it here, so that not everyone had to go look for it,  that is all

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Cipro

I regularly shoot with folks here including PNP, and have on occasion just thrown my pistol in the car and driven to the range...but what if I spouted that as being no problem for everybody....many taking that advice would soon find themselves in more trouble than it would be worth.

 

The addition of that to the scuba and beaches would make PH even more perfect; how do I get in on that gig?

 

 

 

 

I have given you a challenge to take the post I made explaining this law to a local police station or courthouse to verify whether or not what I have stated is true or not. 

 

 

The local courthouse is not the arbiter of what every policeman is going to do. This is in fact why laws should not be written so vaguely. 

 

 

The real purpose of this law is to encourage foreign agencies, both government and non-government, that the PH is serious about curbing child sex abuse and loosening the various purse strings. 

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Tullioz

The local courthouse is not the arbiter of what every policeman is going to do. This is in fact why laws should not be written so vaguely.

 

That may be true, but they would be able to clarify that it is not illegal to be in the company of minors here in the Philippines which is the point I have been trying to make all along and would ease a lot of people's minds.

 

The law is well written and it is not vague at all. If it appears that a person is going to abuse a child they will be charged under Article 6, Section 10b of Republic Act 7610 which is a law intended to prevent trafficking and abuse of minors. Article 6, Section 10b allows authorities to remove a child from a potentially dangerous situation and allow time to investigate the suspect without them having an opportunity to escape in case their story doesn't check out. 

 

Article 6, Section 10b is a clause of RA 7610 and can never be used on its own merit to arrest someone. 

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to_dave007

Being in the company of a minor in the Philippines.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

It's a crime.

No.. It's not.

 

I was having so much trouble exercising my own judgement on this issue.  I feel so much more educated now.

But wasn't this thread about that German guy? Remember him?

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BossHog

maybe, just maybe, tullioz

 

you'll have the opportunity

 

to explore the workings of the judicial system sometime soon.

 

and have a better feel for what the reality is and

 

then you can report back on your experience(s).

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Skywalker

 

 

But wasn't this thread about that German guy? Remember him?

 

I think he discovered that being with a minor was causing him some problems.

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Bill H

Keep in mind that foreigners, in general, are perceived to be very rich, thus they are cash cows to be milked in the eyes of some people.  The laws of this country make that not only possible, but easy to do and legal.  Also, keep in mind that the Pulis have considerable discretion as to how the law is interpreted.  Finally, know that if you are arrested innocent or not, you may very well sit in a jail for years before you can prove your innocence, years, unless you can buy your way out before hand.  Would anyone here dispute these facts?

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colemanlee

when are they going to finally close this fu thread

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Lee

I realized a long time ago that we can tell people what they need to hear but many will not listen and then they may end up the same ones in jail or in a jam asking for our help.

 

Why is it that people come to the Philippines unprepared to cover their expenses, refusing to learn the laws and how they MAY be applied to them but of course they all know better and that is fine with me but when they come on crying for help after things go wrong, it really upsets me that they did not listen to the wealth of information available and instead went their own way against what they were told. :(

 

I second it, why not just close this thread, it was beaten to death and those who refuse to listen to logic, will continue to do so, at least until the day comes we read about them in the paper should their luck run out.

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