The Filipino Lawyer

Privilege License Plates For Top Kyrgyz Officials Chopped

February 07, 2016 Tech Support • 0

Culture Privilege License Plates For Top Kyrgyz Officials Chopped

Kyrgyz authorities began destroying license plates designated for members of parliament and other high-ranking government officials. The...

Forensic DNA technology: A powerful tool for judicial reform

January 25, 2016 Tech Support • 0

DNA testing is the most powerful tool for human identification. Since its discovery in the mid-1980s, DNA profiling had caused a paradigm shift in the identification of victims, perpetrators and witnesses in numerous cases. The identification of genetic markers that are highly variable in human populations is a major step toward the establishment of reference as well as criminal databases needed for statistical evaluation of matching DNA evidence, or identification of repeat offenders, respectively. In addition, the chemical stability of a DNA molecule against harsh environmental challenges such as extreme temperatures and high humidity makes it more suitable for criminal investigations which lasts for months, even years in the Philippines. Moreover, the fact that a person inherits one’s DNA from one’s parents, provides an investigator with alternative reference samples, when an individual’s own reference biological sample is unavailable. Recent advances in forensic DNA testing are now paving the way for reforming the manner by which cases are resolved in courts of law through the way suspected offenders are apprehended during a criminal investigation. Firstly, the availability of new markers which are more variable across different populations, adds to the increased power of discrimination once more genetic markers are used. From the time when DNA testing only involved seven to nine genetic markers to evaluate if crime scene evidence matches a suspect’s profile, as well as to determine relationships, to the current battery of 21 autosomal markers and 23 male-specific markers, the capacity of DNA profiling to differentiate individuals has increased significantly. The use of automated and expert systems for large-scale analysis has also been found to reduce manual errors and to increase output per unit time. The use of several dyes in a single multiplex system provides more information from the same amount of genetic material compared to reactions targeting only one genetic marker but requiring the same amount of DNA that was common in the early 1990s. More recent developments involve the use of information derived from mutation rates of a group of genetic markers, known as short tandem repeats, located on the Y-chromosome (Y-STRs), which enables us to differentiate from paternally related male persons. Scientists, including those in our laboratory at UP Diliman (www.dnaforensic.org), are continuing to search for new and better polymorphic markers for purposes of human identification. This work will be undertaken within the Program on Forensics and Ethnicity of the Philippine Genome Center wherein advances in genomics such as next generation sequencing technology (NGS), as well as microarray work, will be used to accelerate the process of discovery of genes which are highly variable in Philippine populations (www.pgc.up.edu.ph). Secondly, the development of more robust reaction mixes coupled with shorter PCR products has also opened the possibility of re-testing old case samples which may have yielded negative results such as in cold cases, or in the re-opening of cases wherein prisoners continue to claim their innocence and relevant biological samples are still available (post-conviction DNA testing). Recently, the Innocence Project Philippines Network was launched at the National Bilibid Prison and the Correctional Institute of Women (https://www.facebook.com/InnocenceProject Philippines). The Network consists of student volunteers in legal aid clinics of the law schools of the University of the Philippines, De La Salle University and Ateneo de Davao; law faculty, lawyers providing pro-bono work, NGOs, private citizens and scientists at the UP DNA laboratory who are working together to evaluate prospective wrongful conviction cases. In its initial phase, the volunteers are tasked to find cases that have become final and executory but that may be re-opened for post-conviction DNA testing following the Rules on DNA Evidence that was promulgated by the Supreme Court in 2007. In the Philippines wherein DNA testing of cases such as People vs. Hubert Webb et al. and People vs. Paco Larranaga et al. could have provided answers to many questions and confirmed or negated witnesses’ testimonies, the use of post-conviction DNA testing, that is now recognized by the Supreme Court, remains to be realized. Thirdly, the US FBI recently reported the development of faster and portable DNA analytical systems that would allow investigators to generate DNA profiles on site, thereby increasing the chances of apprehending the real perpetrator almost in real time. The speed and accuracy of these portable DNA systems are crucial in criminal investigations. In the Philippines where no DNA legislation exists governing the collection, handling and storage of crime scene evidence as well as in the establishment and security of criminal databases, the use of these analytical systems will not have its maximum effect. More importantly, as science, particularly genetics, continues to expand its forensic applications, there is an urgent need for revising the curriculum of relevant courses such as criminology, public administration, political science and law, into incorporating relevant science and genetics topics, in order to improve the education of our future law enforcement personnel, administrators, politicians, legislators, lawyers and judges. Only with an increased appreciation and recognition of science and its numerous uses at the service of society, could we maximize the fruits of scientific research and discoveries that scientists, including Philippine scientists, are making for the good of all. 
 
 
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The author, Maria Corazon A. De Ungria, Ph.D., received the NAST Outstanding Young Scientist Award in 2003 
for Molecular Biology. She is the current head of the DNA Analysis 
Laboratory, Natural Sciences Research Institute of UP Diliman, the 
director of the Program on Forensic and Ethnicity of the Philippine 
Genome Center, and a member of the Board of the Innocence Project 
Philippines Network. She has appeared as expert witness in cases 
involving disputed parentage issues and in relation to criminal cases. 
She provided her technical assistance during the formulation of the 
Rules on DNA Evidence and her opinion on different bills regarding 
forensic DNA technology. The UP-NSRI DNA Laboratory continues to offer 
its parentage testing and DNA profiling expertise as part of its 
commitment to serve the community. The laboratory may be contacted at 
632 9252965, 639189136284 and <a href="mailto:updnalab@gmail.com">updnalab@gmail.com</a>. 
 
 
 
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DNA testing is the most powerful tool for human identification. Since its discovery in the mid-1980s, DNA profiling had caused a paradigm sh...

Raymond Fortun To Sue Cebu Pacific

November 19, 2015 Tech Support • 2

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MANILA, Philippines - Atty. Raymond Fortun just posted on his Facebook account the harrowing experience of an abrupt cancellation of flight by Cebu Pacific. The post read: Cebu Pacific Airlines, i am suing you. Itaga nyo sa bato. And i am doing this to teach you people a lesson. My family and i planned a trip for Ho Chi Minh from Nov 16-19. On Nov 14, CebPac sent an email, saying that Mla was a no-fly zone from 6am-6pm on Nov 19 because of APEC. Because it was a Saturday, i wanted to contact CebPac by Monday morning to confirm if the flight was canceld. There was a chance that the flight was still a go since the plane would have landed in Manila at 4:45am on Nov 19, or outside of the no-fly zone advisory. On Nov 15, CebPac sent an email that i could already web check-in for my return flight (Saigon-Manila). I assumed that this was a confirmation that the flight was a green and go. I was able to secure boarding passes for our return trip. My 2nd son was participating in a chorale competition this Saturday and initially wanted to back out from the trip; we convinced him to come along as there was now a confirmation that he would be back by Thursday morning. On Nov 18 at 10:45pm, we were at the CebPac counter at the airport and ONLY THEN were we told that the flight was cancelled. The staff claimed that we were sent an email on Nov 17, that the flight was canceld. We did not receive that email. We're stuck here in Saigon now and incurring expenses. So many plans this weekend that are now gone. I was supposed to treat my nephews (who had flown in from the US) to golf today and tomorrow. Gone. My son is despondent because his music teacher/choirmaster would be furious at him. We will have to reuse our soiled clothes as we only brought clothes good for 3 days. You could have just diverted our flight to Clark. You'd rather just see Filipinos stranded, without paying for the inconvenience caused. What aches my heart is the plight of the other passengers on our cancelled flight, who no longer have money to remain in Saigon. CebPac did not even have the professionalism to provide for temporary shelter and for meals until they provide for a return flight. I argued with the manager to give the other passengers shelter and food, but he could not speak for CebPac management. Well, i didn't expect him to, as he was just an employee. And he was Vietnamese. How could they do this to their fellow Filipinos in a foreign land? Maybe if your incompetence is exposed, you will realize that "providing a service to the public" requires something else: compassion. See you in court. 
 
 
 
 
 
 
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Culture Culture-Living News Scene Scene-People Raymond Fortun To Sue Cebu Pacific

MANILA, Philippines - Atty. Raymond Fortun just posted on his Facebook account the harrowing experience of an abrupt cancellation of fligh...

JBL® Cinema™ SB250: Superb Surround Sound in a Sleek Design

November 12, 2015 The Mail Man 0

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New soundbar and wireless subwoofer provides stunning home theater audio for any TV HARMAN International Industries, Incorporated (NYSE:HAR), the premier connected technologies company for automotive, consumer and enterprise markets, introduces its new JBL Cinema SB250 soundbar and wireless subwoofer system. The Bluetooth-enabled home audio system packs 200 watts of home theater sound and amplifies the viewing experience for any TV, right out of the box. The JBL Cinema SB250 gives viewers a fully immersive, big-movie experience through its Dolby Digital and Harman virtual surround sound. Boasting a sleek, compact design, the SB250's separate subwoofer wirelessly connects to the soundbar, and smartly complements any wall mounted or table stand TV installation.</div>
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 The soundbar connects easily using a single optical or analog cable connection, allowing viewers to watch their favorite shows or movies, with cinema quality sound, in minutes. The SB250 also streams music from smartphones or tablets using Bluetooth, and can recall up to 10 different Bluetooth-enabled devices. To enhance viewing and listening pleasure, JBL Cinema SB250 features Harman Volume, which keeps quick volume changes from disrupting the experience — no more suddenly loud commercials —and the system can learn any TV remote volume control, giving simplified control over the entire experience. For TV viewers who keep a smartphone or tablet nearby to enjoy the second screen experience, the JBL Cinema SB250 allows users to automatically switch audio playback from a TV to a smart device and back - seamlessly. Rather than dealing with the competing sounds of a TV and smartphone, or needing to turn the TV volume down when checking out an online video clip, JBL SoundShift™ technology instantly swaps audio sources for the ultimate second screen experience. The JBL Cinema SB250 soundbar and wireless subwoofer system provides a big movie experience through its Dolby Digital and Harman virtual surround sound. Pricing and Availability The JBL Cinema SB250 Soundbar and Wireless Subwoofer is currently available exclusively at the JBL Lazada shop and will soon be available nationwide (SRP P15,990). Like us on Facebook: www.facebook.com/JBL-Philippines-1562785297296687 Follow us on Twitter: @JBLPH Follow us on Instagram: @jblph As the leader in revolutionary sound, JBL continues to push audio boundaries through innovation and personalized sound technology. The JBL brand offers unprecedented wireless speaker performance for authentic audio experience. </div>

Culture Culture-Art Culture-Living Home Technology JBL® Cinema™ SB250: Superb Surround Sound in a Sleek Design

New soundbar and wireless subwoofer provides stunning home theater audio for any TV HARMAN International Industries, Incorporated (...

Expelled INC minister's lawyer faces disbarment charges

November 10, 2015 Admin 0

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The legal counsel of an expelled Iglesia ni Cristo (INC) minister is facing disbarment charges before the Supreme Court. 
 
Trixie Angeles, the lawyer of expelled INC minister Lowell Menorca and his wife Jinky, allegedly violated her oath as a lawyer for "continuously detaining" her clients' househelp, Abegail Yanson. 
 
Roselie Yanson, the mother of Abegail, filed a five-page complaint-affidavit against the lawyer, citing that she also violated the Code of Professional Responsibility. 
 
"[A]ttorney Angeles knew that the Menorcas are detaining Abegail Yanson against her will for the purpose of using her testimony against INC," the complaint read. 
 
The complaint noted that Angeles assisted the Menorcas in preventing the complainant from being with her daughter. 
 
The elder Yanson narrated that incident inside the session hall of the Court of Appeals (CA) on Tuesday when the proceedings for the habeas corpus and amparo petitions had been suspended. 
 
The complainant said that her daughter showed obvious signs of intense fear upon entering the session hall with the Menorcas. Abegail was also tightly guarded by uniformed guards. 
 
Rosalie said was able to hug her daughter but Angeles, the Menorcas and the guards, forcibly pulled her away. 
 
Angeles allegedly lied before the CA when she narrated a different version of the said incident. 
 
"It is but imperative that she be disbarred from the Roll of Attorneys. Her actuations and conduct clearly fall short of the high standard of moral and professional character required of lawyers," the complaint said. 
 
Meanwhile, Angeles said that it is best for Abegail to respond to the said issue as she is the alleged victim. 
 
"I'm fairly sure she will do so soon enough," Angeles said. 
 
Source: <a href="http://www.philstar.com/headlines/2015/11/06/1519050/expelled-inc-ministers-lawyer-faces-disbarment-charges">http://www.philstar.com/headlines/2015/11/06/1519050/expelled-inc-ministers-lawyer-faces-disbarment-charges</a> 
By: Patricia Lourdes Viray 
 
 
 
 
 
 
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Culture Legal Trends News Expelled INC minister's lawyer faces disbarment charges

The legal counsel of an expelled Iglesia ni Cristo (INC) minister is facing disbarment charges before the Supreme Court. Trixie Angeles,...

How to avoid falling prey to 'tanim bala' scheme

November 10, 2015 Admin 0

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Numerous passengers — foreigners included —  have been complaining in the recent weeks of being framed for possession of live ammunition in their luggage in various Philippine airports. 
 
The Philippine National Police-Aviation Security Group (PNP-AVSeG) recorded 30 alleged cases of "tanim bala" [planting of bullets in luggage] or "laglag bala" [dropping of bullets in luggage] from January to November 2015, while the Manila International Airport Authority (MIAA) recorded five alleged cases in the past two weeks. 
 
Presidential Communications Operations Office (PCOO) Secretary Herminio Coloma Jr. earlier called the reported cases as isolated, but he said the government was investigating the matter. 
 
The "tanim bala" scheme allegedly involves airport security officials who plant live ammunition in order to extort an exorbitant amount of money from the passenger caught with the planted bullet inside their luggage. 
 
Under Republic Act 10591, it's unlawful for anyone to possess or buy firearms and ammunition without the license to do so. 
 
To avoid falling prey to the "tanim bala" scheme, Joseph Plazo of Plazo Associates Law shared his tips as a lawyer on how you can protect your luggage and how you can practice your legal rights if you become a victim of the alleged scam. 
 
Use hard-case luggage, avoid bags that have external pockets 
Some concerned citizens have posted videos of how easy it is to pry open the zippers of a padlocked luggage; all it will need is a ballpoint pen to dislodge the zipper to open the bag with locks and you won't even know that your luggage was tampered. 
 
Plazo advised travelers to choose a hard-case luggage sealed with heavy-duty padlocks, so the passenger would easily know if their bags had been tampered. 
 
He also suggested using luggage without external pockets. If it has external pockets — no matter how small or seemingly hidden — don't forget to secure it with heavy-duty padlocks. 
 
Wrap your entire luggage in cling wrap 
If you already have a luggage that is not a hard case, you can still opt to use it, but add a tightly-wrapped layer of cling wrap around your luggage for safety. 
 
"Wrap the entire bag in plastic. The shrink wrap makes sticking in a bullet difficult," he said. 
 
MIAA spokesperson Dave de Castro said that a new service to wrap travelers' bags is now available at airport terminals and a numbers of passengers had already availed of the service. 
 
Let the officials go through your bag — but only in the presence of witnesses, a lawyer, and official's supervisor 
Eric Apolonio, spokesperson of the Civil Aeronautics Association of the Philippines (CAAP), advised travelers to keep an eye on their luggage at all times, even as it goes through the airport security X-ray and walk-through metal detectors. 
 
If an airport security employee claims to have seen a bullet in the X-ray of your luggage and insists that you are carrying contraband and proceeds to open your bag, Plazo said that you have the right to delay the opening of your bag until your lawyer, the airport official's supervisor, or third-party witnesses arrive. 
 
When your lawyer, the official's supervisor, and witnesses are already with you, open the locks of your bag, and let the airport officials take it from there. 
 
Plazo stressed that you should let the airport official go through the contents of your bag and find the alleged bullet seen in the X-ray, adding that if the bullets were planted, it will not bear your fingerprints. 
 
"A bullet with none of your fingerprints sheds reasonable doubt on the possession of the said item," Plazo said. 
 
You have the right to remain silent 
Section 12 of the Philippine Bill of Rights in the 1987 Constitution clearly states that you have the right to remain silent. 
 
Plazo added that, if the airport officials demand you to admit that you own the bullet found in your luggage, you can stand by your right to remain silent and that any admission you might be forced to make without the presence of a lawyer would be inadmissible in court. 
 
Know your legal rights 
Plazo reminded air passengers that no police officer can set bail, as only judges are empowered by law to set bail. 
 
"Corrupt officials may say: 'Sir, you simply have to pay [extortion amount here], and we'll let you go.' This is a trap," Plazo said. 
 
Public officers proved to have violated the Anti-Graft and Corrupt Practices Act RA 3019 will be punished by a fine or imprisonment. 
 
If the airport officials detain you arbitrarily, Plazo said you have ammunition to fight back by filing a petition for a writ of habeas corpus or a complaint of arbitrary detention. 
 
"Habeas corpus is a legal proceeding to obtain liberty. The remedy is proper where the rogue authorities have no probable cause nor basis to hold you, while arbitrary detention is a crime equivalent to illegal detention, more popularly known as kidnapping," Plazo stated. 
 
CNN Philippines' Kristine de Guzman and Gerg Cahiles contributed to this report. 
 
Source: <a href="http://cnnphilippines.com/news/2015/11/02/How-to-avoid-being-a-victim-of-tanim-bala-laglag-bala-scam-airport-extortion-scheme.html">http://cnnphilippines.com/news/2015/11/02/How-to-avoid-being-a-victim-of-tanim-bala-laglag-bala-scam-airport-extortion-scheme.html</a> 
By: Lara Tan 
 
 
 
 
 
 
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Culture Legal Trends News Scene-Events How to avoid falling prey to 'tanim bala' scheme

Numerous passengers — foreigners included — have been complaining in the recent weeks of being framed for possession of live ammunition i...