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Philippine Law, and age difference,


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Headshot

I have a question after seeing this in another post.

 

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.

 

 

Does this law say, that if I'm with a woman, more than 10 years my junior, then I could get myself into trouble ?

 

and,  does it also mean I can not go anywhere, or do things ( shopping, walking around etc.. ) with her 2 young sons, ( 10 & 12 )

 

Nigel

 

Nigel, the key is in the first line...

 

 

Any person who shall keep or have in his company a minor

 

You will never get in trouble with this law with a WOMAN, since by definition, a woman is NOT a MINOR. The sons are a different question. Technically, it is illegal for you to be with them. With boys, it is less likely that you would be stopped, but it is always a possibility is somebody wants to cause problems for you.

 

The rest of the paragraph is just quantifying under what circumstances being with a minor is illegal. It is illegal for an adult to be with ANY unrelated minor under 12, and above 12 it is illegal if the adult is more than ten years older than the minor. Obviously, this law is selectively enforced, and as a foreigner, it is more likely to be enforced. The penalties are quite harsh, and likely won't end when you leave the Philippines.

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If you are not married to your lady friend, you are breaking the Law (as I understand it) by being with the 2 boys alone.   It's not easy because I also take my 2 boys (both 11 years old) to the Mal

Dear fellow LinC members... where are the LINKs to show western expats rotting in jail ( doing porridge) for the  so-called "crime" of being with kids who belong to your SO.. your life time partner  

Really!!!!!!!  In all honesty why do we have this conversation once every single month.  Be safe and do the right thing and you will be fine.  If you, as a concerned Adult would have questions over so

bkkmarlowe

Umm... just how many "innocent" expats here in the Phils have gone down... now stirring porridge ... for walking around with a minor who is connected to them through their girlfriend, live-in partner... etc.

 

Personally I have not read or heard of any such criminal cases.

 

But of course... there may be some... please give us the LINKS if any LinC members know of such cases...

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bkkmarlowe

OOPs...  not stirring porridge... I mean

1. in stir

2. doing porridge

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Here's something worthy of debate.

 

"That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty."

 

I've been living with my unmarried SO and her now nearly 5 year old for almost 2 years.

The neighbors for miles around know we are an item.

The kid calls me dad.

We go everywhere together.

 

Surely this constitutes 'bond recognized by law", "local custom and tradition" and even "social or moral duty"?

 

KonC

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contraman

 

 

please give us the LINKS if any LinC members know of such cases...

 

Lets hope we never have to deal with it, But it can and has happened.

 

There have been several that I have heard about and several that I have read here on LinC

The most recent was Today

http://www.livingincebuforums.com/topic/89550-ra7610-an-act-providing-for-stronger-deterrence-and-special-protection-against-child-abuse-exploitation-and-discrimination-and-for-other-purposes/?p=1156513

 

:idontknow:

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Skywalker

 

 

Surely this constitutes 'bond recognized by law", "local custom and tradition" and even "social or moral duty"?

 

You would think so, but this isn't a Country that follows any set rules, and if there is an opportunity to make money, particularly from a 'rich' foreigner, then trying to use these terms as a defence may not be enough.

 

It ain't easy, that's for sure.

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contraman

 

 

Surely this constitutes 'bond recognized by law", "local custom and tradition" and even "social or moral duty"?

 

In the Western World, where there may be some commonsense applied you would think that would be the case.

This subject and law has been debated over and over here on LinC and the one common denominator

that has come out of these debates is that Everyone forgets that is is not Western laws we are dealing with, But

Philippines Law.

Because they are poorly drafted, does not help the cause, but what is written is the law and it is interpreted by the

Philippines justice system, Not us  :idontknow:

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bkkmarlowe

 

 

Lets hope we never have to deal with it, But it can and has happened.

?

Yes thats true contra... but personallly, I have lived here in Cebu City for the past 12 years. And I have never seen or heard of any "innocent" white kano, Aussie, Brit or our USA cousins... who have gone down the river to Sing Sing... and now serving a stiff sentence... because they were with a child connected to them through their partner... girlfriend... live in... etc...

 

I just like our LinC members to see if this every happen or what...

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Here is what I wrote in another thread on this subject

and I have not changed my mind since then 

 

 

You got that right, and I am not married to her grandmother

 

but I will NOT let that law prevent me from being a good grandfather

she has lived with us in our house for at least the last 4 years, I treat her just as if she was my real granddaughter

 

I bring her to school in the morning and from school late afternoon

took her to the dentist last thursday on her day off from school, grandmam is working, so I took her just her and I

 

 

 

 

http://www.livingincebuforums.com/topic/87994-briton-held-for-abusing-14-year-old-filipina-girl/?p=1129334

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contraman

Here is what I wrote in another thread on this subject

and I have not changed my mind since then 

 

 

 

 

http://www.livingincebuforums.com/topic/87994-briton-held-for-abusing-14-year-old-filipina-girl/?p=1129334

If she is your Grand Daughter, Then there is no issue :idontknow:

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If she is your Grand Daughter, Then there is no issue :idontknow:

 

 

please go to the link provided  and   go up a few post,  and you will know

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contraman

 

 

please go to the link provided  and   go up a few post,  and you will know

Can not access  links via my cell :)

But seeing you said "Please"

I will look it up once I get to a PC  Okay ?

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bkkmarlowe

Dear fellow LinC members... where are the LINKs to show western expats rotting in jail ( doing porridge) for the  so-called "crime" of being with kids who belong to your SO.. your life time partner

 

So relax...you go out shoppng to d mall or wet market with you new lady... and your new kids? No problem!  Relax and enjoy the Phillipines... its your new home guys...!

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contraman

Dear fellow LinC members... where are the LINKs to show western expats rotting in jail ( doing porridge) for the  so-called "crime" of being with kids who belong to your SO.. your life time partner

 

So relax...you go out shoppng to d mall or wet market with you new lady... and your new kids? No problem!  Relax and enjoy the Phillipines... its your new home guys...!

Is that you Tullioz ?  :yahoo:

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Just for contraman 

 

hints in red,  now no need to find  a PC

 

You got that right, and I am not married to her grandmother

 

but I will NOT let that law prevent me from being a good grandfather

she has lived with us in our house for at least the last 4 years, I treat her just as if she was my real granddaughter

 

I bring her to school in the morning and from school late afternoon

took her to the dentist last thursday on her day off from school, grandmam is working, so I took her just her and I

 

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