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Showing posts with label Bayanihan To Heal as one. Show all posts
Showing posts with label Bayanihan To Heal as one. Show all posts

Sunday, April 12, 2020

Human Rights vs. right to live - implementing the lockdown and Luzon wide quarantine

It is more fun criticizing

Rizal Philippines
April 12, 2020

GUIDELINES: Luzon 'enhanced community quarantine'


Philippines: Respect Fundamental Rights amidst Community ...

Letter of Atty Tony Lavina to PNP chief Lavina

This post noted the letter of former ASG Dean Tony Lavina to PNP chief Archie Gamboa regarding total disregard for human rights.  We are sure that PNP chief Archie Gamboa has legal officer in his staff who can defend his statement.   Here is a notation by this post...

It is to be emphasized that we live in extraordinary times, needing extra ordinary measures.   As such a law was passed RA 11469,  Bayanihan to Heal as One, which emphasized penalties:   imprisonment and fines (Section 7) for certain Acts Section 6 a to r for acts contrary to the said law.  Short of a martial law declaration the said Act granted the President and his cohorts emergency power.

The act was passed and as enumerated as one of the objectives to mitigate if not contain the transmission of CoVid 9.

The said law also contains Section 7 - Construction or Interpretation

NOTHING HEREIN CONSTRUED AS AN IMPAIRMENT RESTRICTION OR PROHIBITION OR MODIFICATION OF THE CONSTITUTION.  IN CASE IN THE EXERCISE OF THESE POWERS HEREIN GRANTED CONFLICTS WITH OTHER LAWS,  ORDERS OR REGULATIONS, THE PROVISION OF THIS ACT SHALL PREVAIL.  (Walang violation of human rights in the pursuit of eradicating the pandemic?  Right po ba)

If the citizen is not sick flaunts the law and does not obey, can arrest be made?   Like violating the curfew or stay at home order.  (part of quarantine)  The citizen is now a law breaker for not obeying an order in a health emergency.   And can not be considered a patient...?

Most of the countrymen have not obeyed the quarantine orders - to stay at home social distancing and defeats the purpose of quarantine.   And hereby puts at risk the efforts to prevent transmission.  Because every body is invoking his rights under the constitution   And even got attention in their videos.    We have rights in ordinary times;  perhaps that it is to be surrendered in this emergency where we are at war with an enemy.

Let us not weaken our resolve in this war with this Legal Niceties sir.   After the emergency na lang sana.   As of now we are not out of danger.  We have passed Malaysia in ASEAN as topnotcher in number of cases.   Let us be united to be as one not to be Number 1 this time - and save the  nation.  Remember this is a pandemic sirs.

Kaso milyones na ata ang Presidente sa Pilipinas.  Panay Filosofo (kagaya nito) Mas masaya kung panay reklatmo at puna....

Friday, April 10, 2020

Mga magagaan dailiri sa share MAG INGAT - Penalties galore to those who defame and criticize the government program at social media

It is more fun criticizing

Rizal Philippines
April 10, 2020


Duterte signs Bayanihan bill; subsidy to affected families to ...

This post is aghast over continued publication of posts that are clearly in bad taste and disrespectful defamatory and libelous all against the law.  The the perpetrators do not seem to mind.

Involved are certain celebrities, certain Visayans, who say they are ashamed of president, certain quarters asking for Dutertes resignation, some posts wishing the president were dead, even photoshopping his face inside a coffin. Some seeing the world from a different perspective make their criticisms without understanding the bigger picture.   Some rants are valid but that it sows confusion and anarchy as a result ins against the law.  So mga netizens beware  (Does this apply to pro Duterte Trolls? as what Twitter did to suspend to numerous accounts containing same contents)

Digital rights advocates seek repeal of Bayanihan law provision ...


What are the laws being violated?


RA 11469 Bayanihan to Heal As One


1.   Republic Act 11469 or the Bayanihan to Heal as One which granted the President Emergency Powers to deal with the Covid 19 crisis:    Section 6g.

  "  Individuals or groups creating perpetrating or spreading false information regarding CoVid 19 on social media and other platforms, such information having no valid and beneficial effects on the population and are clearly geared to create chaos, panic anarchy, fear or confusion, and those participating in cyber incidents that make use or take advantage of current crisis to take advantage of the public through scams, pishing fraudulent emails, or other similar acts..."

   Senator Koko and Vico Sotto are subject to penalties for violating Section 6a - not following quarantine laws.   A group of lawyers who include Former VP Binay Tony Lavina are questioning acts of PNP chief Gamboa for imposition of certain rules of quarantine.  

Penalties are mos in jail and fine of P10,000 up to one million

Additional provisions include streamlining of purchasing policies, the 30 days condonation of penalties for loan amortization,  and similarly for rentals, easing passage of goods, use of private facilities for covid treatment and realignment of funds for Pantawid sa Pamilya Progam  (the P5,000 to P8,000 subsidy for low income households.   (So no use crying by middle class families and that is for 18 million families only...

2.   The cyber crime laws 10175 of 2012      Cybercrime protection act of 2012

3.  Revised penal acts on libel and defamation

Many quarters may invoke freedom of speech as experession embodied in the constitution but the  law is very specific on this emergency  situation.  Dont be surprised that under this law, NBI may call you or subpoena you for this case.  The Human Rights Lawyer may  not have this law very well..

Attys on Oral Defamation, LIbel and Slander

Section 7 states that in case of conflicts with other statues, the provision of this law shall prevail...

If your posts/publication or ranting is in violation of this provision, remove this now so that this is not a continuing act