Aba di na pala tayo “friends” sa Facebook.
Kanina ko lang na-discover
Sayang naunahan mo akong i-click ang “unfriend” button
Noon ko pa actually gustong i-click yun after mo akong pagbintanggan ng isang bagay na di ko naman ginawa
Tapos muntik ng na-compromise ang sweldo ko dahil sa iyo
I can still recall that offensive “sms” that you sent me when I asked you about it
Then you played GOD and made a decision for me regarding my allowance
Oh you called me about it nga pala and tried to agitate me about my lapses
Anyway, I wish you success, good health and happiness
I considered you a friend before but now I’m sure we are so better off as “unfriend forever”
Baboosh!
The Supreme Court (SC) has issued guidelines on petitions for the modification of final sentences and early release of convicts under the law that amended the Revised Penal Code (RPC) last year.
Convicts seeking to be immediately released due to the reduction of their sentences under Republic Act (RA) Number 10951 should file such petitions before the Regional Trial Court (RTC) which has jurisdiction over the area of their confinement.
The SC laid down this rule in its recent 9-page en banc decision on the case of Bacolod City high school disbursing officer Rolando Elbanbuena, a malversation convict who argued that he had already served his reduced sentence under the law enacted by President Rodrigo Duterte in August 2017..
Under the guidelines, the inmate, his counsel or representative, or the Pubic Attorney’s Office (PAO) may file the petition for modification of the penalties and immediate release.
The petition must contain a certified true copy of the judgment, the mittimus (commitment order), and/or the Bureau of Corrections’ (BuCor) certification regarding the length of the inmate’s stay in prison. It must also be verified by the prisoner himself.
The RTC will be required to raffle off the petition within three days of its filing.
Only the petition and the comment of the Office of the Solicitor-General (OSG) may be entertained, and motions for extensions of time or postponements shall not be allowed.
The OSG comment must be filed within 10 days of notice. Otherwise, the court shall resolve the petition motu proprio (on its own impulse) or upon the inmate’s motion.
To avoid prolonging the imprisonment, the court shall issue its judgment within 10 calendar days after the lapse of the period for the OSG to file its comment.
The judgment shall pertain to the imposable penalty under RA 10951, the length of the inmate’s stay and whether time allowance for good conduct shall be allowed, and whether the inmate is entitled to be immediately released for completing his sentence.
Such judgments shall be immediately executory, although they may still be challenged before the SC.
The SC applied these said guidelines in Elbanbuena’s petition, remanding it to the Muntinlupa City RTC to determine the proper modified penalty and his entitlement to immediate release.
It said a petition for immediate release involved the determination of an inmate’s service of his sentence, and the task would be “better undertaken by a trial court, which is relatively more equipped to make findings of both fact and law.”
Elbanbuena, a disbursing officer of Alingilan National High School in Bacolod City, was convicted by the Sandiganbayan of four counts of malversation for allegedly keeping and faking four checks and encashing them for himself in October 1993.
He took out the amounts of P29,000, P38,100, P24,595, and P8,350.24, or a total of P100,045.24.
The Sandiganbayan convicted him in August 2000 and Elbanbuena began serving his sentence on January 9, 2003 as he did not appeal the verdict.
For the first three offenses, he was sentenced to imprisonment from prision mayor maximum to reclusion temporal maximum, or a total of 30 to 60 years. This was because the pocketed amounts exceeded the P22,000 threshold set by the RPC for the most severe penalty.
For the last offense, he was sentenced to prision mayor medium to reclusion temporal minimum, or eight years to 14 years and eight months, a lighter penalty since the pocketed amount fell within the P6,000 to P12,000 range.
Since the RPC was enacted way back in 1930, RA 10951 in 2017 adjusted the thresholds for the penalties.
The lightest penalty of prision correccional medium to maximum—two years and four months to six years for each count—would now be applied to cases that did not exceed P40,000.
The SC did not compute yet the penalty that could be imposed on Elbanbuena, leaving it for the Muntinlupa RTC to determine if he should now be released after 15 years in prison.
Source: this post
The Supreme Court (SC) has laid the rules in the issuance of warrants and related orders in connection with the enforcement of the Cybercrime Prevention Act of 2012.
In a 28-page resolution dated July 3 unanimously approved by the SC magistrates, the High Court stated that the rules on warrants and orders involve “the preservation, disclosure, interception, search, seizure, and/or examination, as well as the custody, and destruction of computer data” under RA 10175.
The salient features of the rules of court on cybercrime offenses, as laid down by the SC are:
1.“The criminal actions for violation of Section 4 (Cybercrime offenses) and/or Section 5 (Other offenses), Chapter II of RA 10175, shall be filed before the designated cybercrime court of the province or city where the offense or any of its elements is committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place, provided that the court where the criminal action is first filed shall acquire jurisdiction to the exclusion of the other courts. All other crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, committed by, through, and with the use of ICT, as provided under Section 6, Chapter II of RA 10175, shall be filed before the regular or other specialized regional trial courts, as the case may be.
2. An application for a warrant under this Rule concerning a violation of Section 4 (Cybercrime Offenses) and/or Section 5 (Other Offenses), Chapter II of RA 10175 shall be filed by the law enforcement authorities before any of the designated cybercrime courts of the province or the city where the offense or any of its elements has been committed, is being committed, or is about to be committed, or where any part of the computer system used is situated, or where any of the damage caused to a natural or juridical person took place. However, the cybercrime courts in Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and Cagayan De Oro City shall have the special authority to act on applications and issue warrants which shall be enforceable nationwide and outside the Philippines.
3. On the other hand, an application for a warrant under this Rule for violation of Section 6, Chapter II of RA 10175 (all crimes defined and penalized by the Revised Penal Code, as amended, and other special laws, if committed by, through, and with the use of ICT) shall be filed by the law enforcement authorities with the regular or other specialized regional trial courts, as the case may be, within its territorial jurisdiction in the places above-described.
4. Once a criminal action is instituted, a motion to quash and other incidents that relate to the warrant shall be heard and resolved by the court that subsequently acquired jurisdiction over the criminal action. The prosecution has the duty to move for the transmittal of the records, as well as the transfer of the items’ custody to the latter court.
5. “Before issuing a warrant, the judge must personally examine in the form of searching questions and answers, in writing and under oath, the applicant and the witnesses he may produce, on facts personally known to them and attach to the record their sworn statements, together with the judicial affidavits submitted.
6. Any warrant issued under this Rule shall only be effective for the length of time as determined by the court, which shall not exceed a period of ten (10) days from its issuance. The court issuing the warrant may, upon motion, extend its effectivity based only on justifiable reasons for a period not exceeding ten (10) days from the expiration of the original period
7. Failure to timely file the returns for any of the issued warrants under this Rule or to duly turn-over to the court’s custody any of the items disclosed, intercepted, searched, seized, and/or examined as prescribed hereunder, shall subject the responsible law enforcement authorities to an action for contempt, which procedures shall be governed by Rule 71 of the Rules of Civil Procedure, insofar as they are applicable
8. Pursuant to Section 20, Chapter IV of RA 10175, failure to comply with the provisions of Chapter IV, specifically the orders from law enforcement authorities, shall be punished as a violation of Presidential Decree No. 1829, entitled ‘Penalizing Obstruction Of Apprehension And Prosecution Of Criminal Offenders.’ The criminal charge for obstruction of justice shall be filed before the designated cybercrime court that has jurisdiction over the place where the non-compliance was committed.
9. For persons or service providers situated outside of the Philippines, service of warrants and/or other court processes shall be coursed through the Department of Justice -Office of Cybercrime, in line with all relevant international instruments and/or agreements on the matter
10. Pursuant to Section 13, Chapter IV of RA 10175, the integrity of traffic data and subscriber’s information shall be kept, retained, and preserved by a service provider for a minimum period of six ( 6) months from the date of the transaction. On the other hand, content data shall be preserved for six ( 6) months from the date of receipt of the order from law enforcement authorities requiring its preservation. Law enforcement authorities may order a one-time extension for another six ( 6) months: Provided, that once computer data that is preserved, transmitted or stored by a service provider is used as evidence in a case, the receipt by the service provider of a copy of the transmittal document to the Office of the Prosecutor shall be deemed a notification to preserve the computer data until the final termination of the case and/or as ordered by the court, as the case maybe. The service provider ordered to preserve computer data shall keep the order and its compliance therewith confidential.
11.“Pursuant to Section 14, Chapter IV of RA 10175, law enforcement authorities, upon securing a Warrant to Disclose Computer Data (WDCD) under this Rule, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information, traffic data or relevant data in his/her or its possession or control within seventy-two (72) hours from receipt of the order in relation to a valid complaint officially docketed and assigned for investigation and the disclosure is necessary and relevant for the purpose of investigation. Section 4.2. Warrant to Disclose Computer Data (WDCD). -A WDCD is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to issue an order to disclose and accordingly, require any person or service provider to disclose or submit subscriber’s information, traffic data, or relevant data in his/her or its possession or control. Section 4.3. Contents of Application for a WDCD.
12. If the judge is satisfied that there is probable cause to believe that the facts upon which the application for WDCD exists, he/she shall issue the WDCD.
13. Within 48 hours from implementation or after the expiration of the effectivity of the WDCD, whichever comes first, the authorized law enforcement officer shall submit a return on the WDCD to the court that issued it and simultaneously turn over the custody of the disclosed computer data or subscriber’s information thereto. It is the duty of the issuing judge to ascertain if the return has been made, and if none, to summon the law enforcement officer to whom the WDCD was issued and require him to explain why no return was made, without prejudice to any action for contempt as provided under Section 2.6 of this Rule.
14. “Law enforcement authorities are allowed to retain a copy of the disclosed computer data or subscriber’s information subject of the WDCD which may be utilized for case build-up or preliminary investigation purposes, without the need of any court intervention; Provided, that the details thereof are kept strictly confidential and that the retained copy shall be labelled as such. The retained copy shall be turned over upon the filing of a criminal action involving the disclosed computer data or subscriber’s information to the court where such action has been instituted, or if no criminal action has been filed, upon order of the issuing court …. Upon its turn-over, the retained copy shall always be kept, destroyed, and/or returned together with the computer data or subscriber’s information that was originally turned over to the issuing court under the first paragraph of this Section.
15. Non-compliance with the order to disclose issued by law enforcement authorities shall be deemed non-compliance with the WDCD on which the said order is based, and shall likewise give rise to an action for contempt.”
16. A Warrant to Search, Seize and Examine Computer Data (WSSECD) is an order in writing issued in the name of the People of the Philippines, signed by a judge, upon application of law enforcement authorities, authorizing the latter to search the particular place for items to be seized and/ or examined. The verified application for a WSSECD, as well as the supporting affidavits, shall state the essential facts similar to those in Section 4.3 of this Rule, except that the subject matter is the computer data sought to be searched, seized, and examined, and all other items related thereto. In addition, the application shall contain an explanation of the search and seizure strategy to be implemented, including a projection of whether or not an off-site or on-site search will be conducted, taking into account the nature of the computer data involved, the computer or computer system’s security features, and/or other relevant circumstances, if such information is available.
17. f the judge is satisfied that there is probable cause to believe that the facts upon which the application for WSSECD exists, he shall issue the WSSECD.”
The SC said these guidelines would supplement the Rules of Criminal Procedure on the preliminary investigation and all stages of the prosecution of criminal action involving violations of RA 10175 with the use of information and communications technologies (ICT).
All crimes enumerated in RA 10175 are cognizable by the regional trial courts (RTCs) in the country and those courts specifically designated as “cybercrime courts.”
The Cybercrime Prevention Act of 2012, also known as Republic Act No. 10175, aims to address legal issues concerning internet usage and online interactions in the Philippines.
Among the crimes punishable under RA 10175 are libel, cybersex, child pornography, and offenses against the confidentiality, integrity and availability of computer data and systems like illegal access, illegal interception, data interference, system interference, misuse of devices, cyber-squatting, computer related fraud, computer-related Identity theft, and unsolicited commercial communications. (PNA)
Source: this post from abogado.com
Zhǔ a, wǒ duì wǒ de cèshì jiéguǒ gǎndào bēishāng, jǔsàng, kùnhuò hé kùnrǎo. Dāng wǒ jīnglì zhè duàn lǚchéng shí, wǒ yāoqiú lìliàng.
Wǒ xiāngxìn nǐ shēnghuó zhōng de jìhuà.
Wǒ kěnéng bù liǎo jiè yīqiè, nǐ de lǐyóu, zài mùqián qíngkuàng xià de zhùfú, dàn wǒ xìnrèn nǐ gǎnxiè shàngdì. Wǒ zhīdào nǐ huì kàn dào wǒ
“wǒ xiāngxìn nǐ shì wǒ de zhìliáo shī,
wǒ xiāngxìn nǐ shì wǒ suǒ xūyào de yīqiè”.
First time kong tikman ang garlic longganisa meal ng Wendy’s and in fairness nagustuhan ko naman….
Fried rice, fried egg (sunny side up), two pieces of sweet and “garlic-flavored” longganisa plus a cup of hot coffee (for the price of P80.00) equals…..BUSOG
@Wendy’s Clark International Airport, Pampanga, Philippines
Sometimes you just allow them to do that
not because its the right thing to do
but because you love them
you love them with all your heart
and you are willing to sacrifice
and willing to get hurt
but then….
you know you deserve more
you deserve the love and appreciation
you deserve the attention
you deserve to be loved in return
#selflove
The Queen of Soul Aretha Franklin has died at the age of 76.
Franklin died Thursday due to advance pancreatic cancer of the neuroendocrine type, according to a the singer’s family. She passed away in her Detroit home, surrounded by family and friends.
“We have been deeply touched by the incredible outpouring of love and support we have received from close friends, supporters and fans all around the world. Thank you for your compassion and prayers. We have felt your love for Aretha and it brings us comfort to know that her legacy will live on. As we grieve, we ask that you respect our privacy during this difficult time.”
One of the best-selling artists of all time, Aretha Louise Franklin was born on March 25, 1942 in Memphis, Tennessee to Barbara and Clarence LaVaughn Franklin. Her mother was an accomplished piano player and vocalist, while her father was a preacher with what many claimed a “million-dollar voice,” all of which would heavily influence Franklin.
At the age of two, Franklin’s family relocated to Buffalo, New York, a short stint that would last only three years before her father moved the family to Detroit, Michigan, where he became the pastor at New Bethel Baptist Church. By 1948, her parents would separate, with Barbara moving back to Buffalo with her half-brother, Vaughn.
Those sermons, however, became quite an attraction. In fact, Clarence would be paid thousands of dollars for his emotional speeches, attracting visits from popular musicians and historical figures, ranging from gospel legends like Clara Ward, Jackie Wilson, and Sam Cooke to luminaries as essential as Martin Luther King, Jr.
Music soon became her life, enough that she dropped out of high school by her sophomore year to pursue a legitimate career. Starting with solos at New Bethel, Franklin would soon join her father on his self-proclaimed “gospel caravan” tours, to which he managed to land her a record deal with Detroit label, J.V.B. Records.
Recorded live at the age of 14, Franklin’s first album, Songs of Faith, was released in 1956 and spawned two Gospel radio singles “Never Grow Old” and “Precious Lord, Take My Hand”. She supported the album by touring with The Caravans and the Soul Stirrers featuring Cooke, who inspired her to bridge her gospel sound into pop music.
Although she would see her mother over the years, before her untimely death in 1952, Franklin was primarily raised by her grandmother Rachel and soul singer Mahalia Jackson. It was during this time that Franklin developed an ear for music — quite literally — as she learned piano by herself and watched her father’s vivid sermons.
Needless to say, the transition worked, courting the likes of RCA and Columbia Records, the latter of which signed Franklin in 1960, much to Cooke’s chagrin. By September of that year, Franklin made her label debut with “Today I Sing the Blues”, which would eventually go on to make the top 10 of Billboard’s Hot R&B charts.
A few months later, Franklin released her first proper secular album, 1961’s Aretha: With The Ray Bryant Combo, showcasing her range in standards, vocal jazz, blues, doo-wop, and R&B. The album spawned her first single to chart the Billboard Hot 100, “Won’t Be Long”, and her first top 40 single, “Rock-a-Bye Your Baby with a Dixie Melody”.
Columbia would go on to release several albums and singles by Franklin, most notably 1962’s The Tender, the Moving, the Swinging Aretha Franklin, which hit No. 69 on the Billboard Pop LPs chart, in addition to singles “Runnin’ Out of Fools”, “One Step Ahead”, “Cry Like a Baby”, “You Made Me Love You”, and “(No, No) I’m Losing You”.
In November 1966, Franklin left Columbia for Atlantic Records, beginning arguably her most successful career run. Her first single for the label, 1967’s Muscle Schoals-recorded “I Never Loved a Man (The Way I Love You)”, topped the R&B charts and peaked at No. 9 on the Billboard Hot 100, giving Franklin her first top 10 pop single.
Of course, Franklin cemented her place in musical history that April when Atlantic issued her cover of Otis Redding’s “Respect”, a dynamite hit that became adopted by the ensuing civil rights movement, ensuring its iconic status forever. The single shot to No. 1 and remains her most well regarded hit given its permanence in pop culture.
From there, Franklin found further juggernaut success with Atlantic: Her label debut, 1967’s I Never Loved a Man the Way I Love You, delivered hits “Baby I Love You” and “(You Make Me Feel Like A) Natural Woman”, while 1968’s Lady Soul and Aretha Now gave the world anthems “Chain of Fools”, “Ain’t No Way”, “Think”, and “I Say a Little Prayer”.
That same year, Franklin won her first Grammy for “Respect” in the debut category for Best Female R&B Vocal Performance; was honored with a day in her honor (February 16th); given the SCLC Drum Beat Award for Musicians by Martin Luther King, Jr., only two months prior to his death; and appear on the June 1968 cover of Time Magazine.
The ’70s started off strong for Franklin. In 1971, she became the first R&B performer to headline Fillmore West, and the following year saw the release of two whopper albums: Young, Gifted & Black and her live LP Amazing Grace. Both conquered the charts and the Grammys, while the latter has since become the best-selling live gospel album of all time.
However, Franklin’s popularity waned by the mid-’70s, which was further complicated by her tumultuous recording sessions behind 1973’s Hey Now Hey, produced by the legendary Quincy Jones. With the exception of “Something He Can Feel”, her Curtis Mayfield collaboration for the movie Sparkle, Franklin saw a major decline in sales.
Franklin tipped off the ’80s with a scene-stealing performance of “Think” in John Landis’ 1980 comedy, The Blues Brothers. It marked the beginning of a resounding return for Franklin, who left Atlantic for Arista and turned things around for herself with 1980’s Aretha, 1981’s Love All the Hurt Away, and 1982’s throwback album, Jump to It.
By 1985, Franklin began to do what most veteran artists do decades into their career: go young. That summer, she dropped Who’s Zoomin’ Who?, which featured dance pop singles like “Freeway of Love” and an unlikely guest appearance from Annie Lennox. The new look worked and became her first-ever Platinum record.
Naturally, Franklin kept that youthful trend going the following year with Aretha, which swapped Lennox for George Michael, who helped the singer nab an international hit with their duet, “I Knew You Were Waiting for Me”. In a rather wise move, she also recorded popular theme songs for TV shows like A Different World and Together.
Similar to the ’80s, the ’90s saw Franklin embracing more and more youthful trends, continuing to stay relevant amid shifting times. However, she truly reclaimed the throne in 1998 with the Gold-certified A Rose Is Still a Rose, whose titular song saw her collaborate with Lauryn Hill and return to the top 40 with aplomb.
In 2003, Franklin kept the momentum going with So Damn Happy, which earned her a Grammy for her song, “Wonderful”. Four years later, she finally closed the book on Arista by releasing Jewels in the Crown: All-Star Duets with the Queen, a compilation album that included two new recordings with Fantasia and John Legend.
Throughout the aughts, Franklin commanded a number of epic performances. In 2006, she performed The Star Spangled Banner for Super Bowl XL alongside Aaron Neville and Dr. John, and in January of 2009, she stopped the world with her rendition of “My Country ‘Tis of Thee” at President Barack Obama’s inauguration ceremony.
Franklin would continue to release records under her own label, Aretha’s Records, before finally signing with RCA Records in 2014. That year, she proved she could still conquer the cover by tackling Adele’s “Rolling the Deep”, which debuted at No. 47 on Billboard’s Hot R&B/Hip-Hop Songs, making her the first woman to have 100 songs on the chart.
She’s the first woman to be inducted into the Rock and Roll Hall of Fame. She has honorary degrees from Harvard, Yale, Princeton, Brown, Berklee, et al. She has a star on the Hollywood Walk of Fame. She’s been a recipient of the National Medal of Arts. She’s been awarded the Presidential Medal of Freedom. She has an asteroid named after her.
With 112 charted singles on Billboard, including 77 Hot 100 entries, 17 top 10 pop singles, 100 R&B entries, and 20 No. 1 R&B singles, Aretha Franklin remains the most charted female artist in the chart’s history. She won 18 Grammy Awards. She’s sold over 75 million records. This isn’t a death you forget. This is a legend you remember forever.
Franklin is survived by four children.
Source: This post from consequenceofsound.net
Oh My Kwento!!!! 