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BTW- PRO-7 has also apologized in writing to Erik and Karin.

 

Oh well sh*t, that makes up for all their trouble and the trouble of all the less famous/lucky victims then. Or not. Free clue: that apology and $5 will get you a cup of coffee in Starbucks. 

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Why all this interest in Underage/Minors ? As I see it, the law may not be well written (very few are) but it is quite clear So it puzzles me why so many mature aged guys are getting all worked up o

I think it's important to keep a sense of perspective here.   Contrary to what a lot of posters seem to believe, the Filipinos are not out to get us.   Perhaps over consumption of cheap alcohol ca

We have three kids of our own, 3.5,8.10..all boys,also raise the wife's two younger siblings girl 13..boy 19.....the house is always full of their friends...almost never a time during the day, especia

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I still think RA7610 is acceptable, but think it's sad that we need such a law to protect children from predators in this country.

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I beg to differ!

 

Certainly some law is required to protect children from evil doers. 

 

The concept is fine, but RA7610 is not the way to go about it.

 

Other nations manage to achieve child protection without such badly written law as RA7610.

 

Also they have effective Habeas Corpus protection and prompt judicial process.

To not have that is inexcusable, and creates opportunity for incompetence and abuse.

Edited by Oz Jon
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Tullioz

But it just takes one time to make your life hell, one time.

 

This could happen in any country at anytime.  RA 7610 does not increase the chance of someone being falsely accused of a crime here as opposed to any other country in the world with another law. It happens from time to time, but thankfully it is very rare. 

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Other nations manage to achieve child protection without such badly written law as RA7610.

Countries that are comparable to the Philippines?
Like Thailand and Cambodia

We can't compare the Philippines with a Western country or a modern highly developed country.

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Countries that are comparable to the Philippines?

Like Thailand and Cambodia

 

We can't compare the Philippines with a Western country or a modern highly developed country.

 

Why can't we?

 

There is plenty of well written child protection law available from sources all over the world.

I doubt that any country would mind if the Phils copied it.

 

In fact, I'm sure that Oz and a few other countries would be very happy to assist the Phils to write better law.

 

And, exactly why cannot the Phils implement Habeas Corpus swiftly and effectively? - What's stopping them?

 

 

ps.

Do Thailand or Cambodia have similar Draconian child protection law? - permitting incarceration with no/untested evidence/just cause  and/or lengthy delayed first court appearance?

Edited by Oz Jon
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Why can't we?

 

There is plenty of well written child protection law available from sources all over the world.

I doubt that any country would mind if the Phils copied it.

 

In fact, I'm sure that Oz and a few other countries would be very happy to assist the Phils to write better law.

 

And, exactly why cannot the Phils implement Habeas Corpus swiftly and effectively? - What's stopping them?

 

 

ps.

Do Thailand or Cambodia have similar Draconian child protection law? - permitting incarceration with no/untested evidence and/or lengthy delayed first court appearance?

 

This is just too difficult and extensive for me to give you a simple answer to here, but invite me to lunch and set aside a few hours then I can give grounds for and explain this.

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This is just too difficult and extensive for me to give you a simple answer to here, but invite me to lunch and set aside a few hours then I can give grounds for and explain this.

I'd love to have lunch with you.

 

You are one of the more interesting, rational contributors I find on LinC.

 

I don't agree with you sometimes, but , Heh! - C'est la Vie! - Makes life interesting.

 

However, I'm in Oz and you are in the Phils. That makes a lunch meeting difficult.

 

Take a rain cheque on the lunch invitation though. I'd enjoy that!

 

Cheers

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I can't really understand why RA 7610 is a problem for some of you?
How is this law a barrier for you here in the Philippines?


I'd love to have lunch with you.

 

You are one of the more interesting, rational contributors I find on LinC.

 

I don't agree with you sometimes, but , Heh! - C'est la Vie! - Makes life interesting.

 

However, I'm in Oz and you are in the Phils. That makes a lunch meeting difficult.

 

Take a rain cheque on the lunch invitation though. I'd enjoy that!

 

Cheers

CU when u in Cebu next time

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I can't really understand why RA 7610 is a problem for some of you?

How is this law a barrier for you here in the Philippines?

These are the problems, as I'm sure you know.

 

RA 7610 can be interpreted that merely being in the presence of someone under 18 can be construed as an offence.

That can result in lawful incarceration.

The fact that no real crime occurred or was intended is immaterial as far as incarceration is concerned.

And no evidence/just cause needs to be produced/tested by the arresting authority.

 

The remedy of dismissal at a court hearing can be (is) delayed an unreasonably long time.

 

Whether or not such situations occur in practice is irrelevant.

Law is supposed to be definitive, not dependent on the whim of some policeman.

And wrongly applied law needs to be corrected swiftly.

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can be interpreted that merely being in the presence of someone under 18 can be construed as an offence.

No and it newer happened!

You can not read laws as the devil reading the bible.

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RogerDuMond

Police do not investigate?

 

 

PNP stations outside of major cities do not have the personnel or equipment to do investigations and it is not part of their job description. They take complaints and submit the information from the complaint to a judge who will issue a warrant after giving the accused a chance to respond. If any investigation is needed it is turned over to CIDG which is not local. Once a warrant is issued, they make the arrest.

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No and it newer happened!

You can not read laws as the devil reading the bible.

 

Sorry! - but that's what the words say! - quite definitively!

 

If there is some other interpretation, that's for a court to determine. - and there is the problem - getting a swift appearance in court!

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Sorry! - but that's what the words say! - quite definitively!

 

If there is some other interpretation, that's for a court to determine. - and there is the problem - getting a swift appearance in court!

 

Exception include "affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty"

 

I think what you're talking about will be covered by local custom and tradition. Normal contact with children is not a problem if you read the whole law and looking at court practice.

And remember that this law apply and ben used against anyone who has a questionable behavior toward children in this country, not just foreigners.

 

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Exception include "affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty"

 

I think what you're talking about will be covered by local custom and tradition. Normal contact with children is not a problem if you read the whole law and looking at court practice.

And remember that this law apply and ben used against anyone who has a questionable behavior toward children in this country, not just foreigners.

 

So, if I meet a kid on a beach, who begs for money for food and I take pity on him and take him to Jolly Bee and buy him a meal.

 

Then back to the beach and I'm chatting with him trying to figure out how to help him solve his problems and someone figures my intentions are bad - maybe I'm a pedophile!.

 

So I get arrested and incarcerated. - no evidence needed, just someone's opinion?

Is my action  "the performance of a social, moral or legal duty" ? - who decides? -  When?

 

How soon after I am incarcerated can I get this sorted out and the case dismissed by a judge?

 

Same day?, a day or two in jail later? When?.... Why not same day?

 

That's what's wrong with this badly written law!

It doesn't require any sort of evidence or even just cause - just someone's opinion.

And the remedy is unacceptably slow. (that's not a problem of the law, but a fixable problem of law implementation)

Edited by Oz Jon
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Tullioz

So, if I meet a kid on a beach, who begs for money for food and I take pity on him and take him to Jolly Bee and buy him a meal.

 

Then back to the beach and I'm chatting with him trying to figure out how to help him solve his problems and someone figures my intentions are bad - maybe I'm a pedophile!.

 

So I get arrested and incarcerated. - no evidence needed, just someone's opinion?

Is my action  "the performance of a social, moral or legal duty" ? - who decides? -  When?

 

How soon after I am incarcerated can I get this sorted out and the case dismissed by a judge?

 

Same day?, a day or two in jail later? When?.... Why not same day?

 

That's what's wrong with this badly written law!

It doesn't require any sort of evidence or even just cause - just someone's opinion.

And the remedy is unacceptably slow. (that's not a problem of the law, but a fixable problem of law implementation)

 

Do you think that if you explained the above situation to the authorities that they would actually arrest you? I haven't heard of this ever happening and can not find a single case online where it has, but it is possible I suppose. Unless the kid's story didn't match yours or if the kid was acting strange when questioned, I could see where you might be taken in for further investigation, but an arrest would be a long shot. Either way, even if you are placed under arrest, cases involving RA 7610 are given preferential treatment, so the waiting time for your first appearance before a judge would be fairly short. 

 

Section 30. Special Court Proceedings. – Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.
 
Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases, and cases involving detention prisoners and persons covered by Republic Act No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.
 

 

 

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