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Silly try for a different scenario.

 

You're quoting a different clause - the clause I quoted has no such restrictions. 

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Tullioz

That's actually what makes it a bad law. It outlaws behavior that in and of itself is harmless on the chance or suspicion that a person who has not yet done any wrongdoing (notice I didn't say unlawful) is about to do so. If it limited itself to intimate and private scenarios it would make a little more sense, but it does not, as can be seen by the motorcycle example I gave. Man gives the little sister of his GF a ride on motorcycle, finds himself charged with violation of this act. Whether he was convicted or not is irrelevant. 

 

 

If the situation does not raise suspicion, there would be no reason for the guy to be arrested in a situation like this. Questioned maybe, but not arrested. Now if a man is giving a minor a ride and the girl is his underage GF or if he is up to no good, then in addition to being questioned, he will most likely get arrested. There are hints, behavioral patterns, and signs to look for in situations like this and a decent integrator would be able to pick up on them pretty easily. If it is found that the man's intent was to abuse the minor, then he would then be charged under the appropriate law. Human trafficking, rape, etc.

 

You're quoting a different clause - the clause I quoted has no such restrictions. 

 

That is where this opinion from the supreme court comes into play. 

 

It is a rule in statutory construction that every part of the statute must be interpreted with reference to the context, i.e., that every part of the statute must be considered together with the other parts, and kept subservient to the general intent of the whole enactment. Because the law must not be read in truncated parts, its provisions must be read in relation to the whole law. The statute's clauses and phrases must not, consequently, be taken as detached and isolated expressions, but the whole and every part thereof must be considered in fixing the meaning of any of its parts in order to produce a harmonious whole. Consistent with the fundamentals of statutory construction, all the words in the statute must be taken into consideration in order to ascertain its meaning.
 

 

 

RA 9710 has to be read in its entirety. There would be no reason to repeat "which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse." over and over if it is stated earlier in the law. 

 

Republic Act No. 7610             June 17, 1992

 

 
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES
 
 
 
ARTICLE II
 
Program on Child Abuse, Exploitation and Discrimination
 
to protect children against child prostitution and other sexual abuse; child trafficking, obscene publications and indecent shows; other acts of abuse; and circumstances which endanger child survival and normal development.
 
ARTICLE III
 
Child Prostitution and Other Sexual Abuse
 
Section 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
 
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.
 
ARTICLE VI
 
Other Acts of Abuse
 
Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –
 
(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.
 

 

 

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If the situation does not raise suspicion, there would be no reason for the guy to be arrested in a situation like this.

 

This is what one might call NAA (not an argument) in favor of the law. If the law simply said "Anyone acting suspicious may be summarily executed" it's a sh*t law no matter how it's enforced. Can you not see this? Seriously?

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RogerDuMond

You're quoting a different clause - the clause I quoted has no such restrictions. 

 

 

Actually I was answering your comment made about the law I quoted first. Plus your scenario stated 15 year old people which would come under the section I quoted and not the section you quoted about children under 12.

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Tullioz

This is what one might call NAA (not an argument) in favor of the law. If the law simply said "Anyone acting suspicious may be summarily executed" it's a sh*t law no matter how it's enforced. Can you not see this? Seriously?

 

Is an adult riding a jeepney with a bunch of minors as passengers suspicious? Is a man riding a motorcycle with a minor in tow suspicious? Does an adult sitting with a minor at McDonald's raise suspicion? Does an adult talking to a group of students in a park raise suspicion? Of course not, these are day to day activities and we see them every time we go out in public. If it were a "sh*t law" as you say, then the jails would be overflowing with innocent adults being charged for being alone with minors. Since this is not the case, then the law is being used exactly as it was intended. 

Edited by Tullioz
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Is a man riding a motorcycle with a minor in tow suspicious?

 

Tell that to the big white guy who got locked up and had to hire a lawyer.

 

Again, lax enforcement does not repair a broken law, it just convinces fools to not complain. 


x

 

 

Actually I was answering your comment made about the law I quoted first. Plus your scenario stated 15 year old people which would come under the section I quoted and not the section you quoted about children under 12.

 

Ah well maybe so, I'm not going to check as it's irrelevant to my rant. I don't necessarily have issues with all clauses of this deranged act, but I do have very specific beefs with some of them. 

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Tullioz

Tell that to the big white guy who got locked up and had to hire a lawyer.

 

Can you give some more background on this case? 

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Can you give some more background on this case? 

 

A foreigner gave the young girl a ride while the rest of the family followed via other means, jeepney I assume. Arrested while waiting for the family, jailed, charged. Not sure what the outcome was. I believe he was scandinavian. 

 

 

It's irrelevant.

 

 

Lax enforcement of a bad law does not transform it into a good law. 

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Can you give some more background on this case?

There are several instances like this ..

 

He is probably referring to the guy ( maybe Belgium ) took a girl from Lapu X2 on his motorbike to Hagnaya to catch the ferry to Bantayan Island .. she was underage , as in about 16 or 17.

Her family, including parents where supposed to be on the bus ..coming along behind somewhere, but the authorities refused to wait ..

That was what was reported in media at the time .. have never seen anything further ..

 

Then of course there was the guy in Bogo ..both he and his 16/17 year old girlfriend foolishly announced on social media that they were a couple and they intended to marry and go to the US .

 

When the police came to arrest him they were in the house with her parents, who apparently told police they supported the relationship ( of course they did $ ) and gave their permission. .to no avail of course .

 

Sent from my SM-T535 using Tapatalk

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He is probably referring to the guy ( maybe Belgium ) took a girl from Lapu X2 on his motorbike to Hagnaya to catch the ferry to Bantayan Island .. she was underage , as in about 16 or 17. Her family, including parents where supposed to be on the bus ..coming along behind somewhere, but the authorities refused to wait ..

Yes and he was not the sisters bf.

The family didn't come, go an get a copy of the case and u c the history is a bit different then "a man give his gf sister a ride on his mc"

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He is probably referring to the guy ( maybe Belgium ) took a girl from Lapu X2 on his motorbike to Hagnaya to catch the ferry to Bantayan Island

 

No but that's a good one too. The one I remember I think the guy was a Swede but it's been a while. 

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USMC-Retired

The law is written to give probable cause where there is none. Example you own a corvette so that means you speed. So we will stop and issue you a ticket for speeding. Then you must prove I had no probabe cause. The law takes the burden off the officer to have one of the lowest levels of proof. The law can even be enforced on third party acounts. This is why it is bad. Intent is good. Just the law is so poorly written that you are guilty just for being you and if they want or Suzy says X prior to any investigation.

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The intent of the law is good, it may be poorly written

 

but

 

no matter how much it is discussed here, we can not change it

 

so learn to live with it

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USMC-Retired

The intent of the law is good, it may be poorly written

 

but

 

no matter how much it is discussed here, we can not change it

 

so learn to live with it

There is the truth. No discussion will fix but it may prevent a poor decision.

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Child sex tourism is known as a serious problem in the Philippines, we need laws like this or equivalent.

 

 

(Also remember that before August 1988 you could legally marry a 14-year-old girl here in the Philippines.)

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