Jump to content

Judge dismiss p*orn charges against American National in Cebu City


Recommended Posts

RogerDuMond

Police seized from Bogo a mini-DV cartridge and the video camera he used to record the topless girls, aged between 14 and 18 years old.

 

I'm only guessing but I'd say he got off on a technicality wouldn't you?

 

KonC

 

 

No technicality unless you mean that an illegal arrest is a technicality.

Link to post
Share on other sites
  • Replies 54
  • Created
  • Last Reply

Top Posters In This Topic

  • oztony

    6

  • RogerDuMond

    6

  • contraman

    5

  • Irenicus

    4

Top Posters In This Topic

Popular Posts

I have been following this case for nearly five years.  I know him by his blog "Wandering Blindly" when I was researching the Philippines.  Seemed like a straightforward dude.   I knew he had been r

Sex crimes ? I have obviously missed some of the hard proof on offer here , unless you are referring to accusation and innuendo , accompanied by a wrestling tape of girls in bikini's ......

Again...I only have knowlege of the US laws in this arena. In the US it is rare to see a young girl that is "budding" go topless. However, in Europe it is acceptable. In Brazil the expectation is ever

No technicality unless you mean that an illegal arrest is a technicality.

This is what I'm reading......what are you reading?

CEBU CITY, Philippines - An American national was caught in the act on Sunday afternoon taking videos of 7 girls, all topless while wrestling in Daanbantayan town in Cebu province.

 

Officials of Barangay Malbago in Daanbantayan said they first saw the foreigner with the girls whom they thought were all minors while they were putting up a tent in a vacant lot in the mountain barangay.

 

Barangay Tanods responded and went to check the report. They caught the foreigner taking video of the 7 girls inside the tent. They later reported the incident to the police.

 

KonC

Link to post
Share on other sites
  • Administrator
Dafey

 

 

One of the victims told the police that older victims received P2,000 after their “performance,” while the minors received P1,500. Police seized from Bogo a mini-DV cartridge and the video camera he used to record the topless girls, aged between 14 and 18 years old.

 

Not sure about Philippine law but photographing a minor topless is a crime in the States, even with the parents consent.

Link to post
Share on other sites
  • Admin (Retired)
broden

Or the incorrect charges were laid ! :idontknow:

or he found one of those ATM's the gives out larger allotments per day

Link to post
Share on other sites

Not sure about Philippine law but photographing a minor topless is a crime in the States, even with the parents consent.

 

 

Really, so every parent in the states can go to jail for their baby pictures?

  • Like 1
Link to post
Share on other sites
RogerDuMond

This is what I'm reading......what are you reading?

CEBU CITY, Philippines - An American national was caught in the act on Sunday afternoon taking videos of 7 girls, all topless while wrestling in Daanbantayan town in Cebu province.

 

Officials of Barangay Malbago in Daanbantayan said they first saw the foreigner with the girls whom they thought were all minors while they were putting up a tent in a vacant lot in the mountain barangay.

 

Barangay Tanods responded and went to check the report. They caught the foreigner taking video of the 7 girls inside the tent. They later reported the incident to the police.

 

KonC

 

The judge said that he wasn't caught in the act because the tanods had no probable cause to enter the premises because there was no official complaint filed.

 

The arrest laws are quite often more restrictive here.

 

The law worked the way it is supposed to despite the fact that the guy is a scumbag.

 

The tanods should have seen if they could have turned one of the girls before affecting an entry and arrest or better yet take the girl to the PNP.

Edited by RogerDuMond
  • Like 1
Link to post
Share on other sites
  • Administrator
Dafey

 

 

Dafey, on 10 Dec 2015 - 04:50 AM, said: Not sure about Philippine law but photographing a minor topless is a crime in the States, even with the parents consent. Really, so every parent in the states can go to jail for their baby pictures?

 

Haha...Good point! But the law has specific rules for photographers/videographers pertaining to child photogrphy, "other than your own children."

 

For instance, some Eoropean countries will not allow a childs photograph to be sold "on-line." This makes work arounds hard for photographic institutions that may do portrait photography and sell to the clients on-line. However the intent is to prevent child p*ornography, and rightly so.

 

A photographer needs to be very careful even with model releases.

 

Again, I am not up to speed on Philippine law and how it applies.

Link to post
Share on other sites
USMC-Retired

When this happen we had long thread about it. Maybe someone can find it.

Link to post
Share on other sites
Steve and Myrlita

No...I'm just surprised he got off. These cases don't normally have even a somewhat happy ending. Even when they don't have any evidence, witnesses are usually enough to convict a foreigner of whatever they want to charge him with. In this case, there was evidence..although the judge disallowed it since it was gathered after the arrest. I'm not sure what difference that makes. I hope the Philippine prosecutors have enough sense to give the evidence to the US prosecutors. If they do, there will be US Marshals waiting for him when he lands back on US soil. Sex crimes (especially against minors) committed on foreign soil can still be prosecuted in the US...even if you are acquitted in the country where the incident occurred.

 

Sorry to disagree but once he is acquitted, double jeopardy attaches.

 

Link to post
Share on other sites

Haha...Good point! But the law has specific rules for photographers/videographers pertaining to child photogrphy, "other than your own children."

 

For instance, some Eoropean countries will not allow a childs photograph to be sold "on-line." This makes work arounds hard for photographic institutions that may do portrait photography and sell to the clients on-line. However the intent is to prevent child p*ornography, and rightly so.

 

A photographer needs to be very careful even with model releases.

 

Again, I am not up to speed on Philippine law and how it applies.

 

 

I am not up too speed on this kind of law, nor do I need to be. But, it is hard to see how the evidence could be inadmissable in a Philippines court but be used in a US court. I guess stranger things have happened, but it is hard for me to see.

Link to post
Share on other sites
miles-high

once he is acquitted, double jeopardy attaches

No, it’s not the same sovereign, besides the act may well be construed as different offenses in the Philippines and the US Fed or State laws…

Link to post
Share on other sites
miles-high

No technicality unless you mean that an illegal arrest is a technicality.

The seemingly incriminating evidence was tossed out by the Court because of Police procedural errors in obtaining/handling the evidence… that is a technicality is it not? ;)

Link to post
Share on other sites
RogerDuMond

The seemingly incriminating evidence was tossed out by the Court because of Police procedural errors in obtaining/handling the evidence… that is a technicality is it not? ;)

 

I don't consider an illegal arrest a technicality, but as I said in the line you quoted, "unless you consider an illegal arrest a technicality."

 

As an addendum, a reading of this would lead one to believe that tanods do not have the authority to affect an arrest except in concert with the PNP.

 

http://dilgregion7.net/Issuances/data/issuances/legalopinions/legal%20opinion%20-%20tanod%20police%20powers.pdf

 

Also this reversal of a conviction by the Supreme Court might be along the same line even though the crime was different.

 

http://sc.judiciary.gov.ph/jurisprudence/2007/november2007/170180.htm

Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..

Capture.JPG

I Understand...