Topic: Local Showbiz "Tsismis" - Post them all on this thread!

[jerix]

I havent read yet the decision. Is this not made public?

[Nelson de Leon]

After reading the decision, as shared by a lawyer, the position of the Judge makes sense.
Illegal detention case is weak.
I pity the judge who went by her conviction and still projected by the media as a villain.

Bakit siya kailangan mag-quit if conviction sa kanyang decision ang usapan?

[rexFi]

^ baka feeling Bullied and got sick of the Circus or upcoming "Circus"...

[barrister]

I havent read yet the decision. Is this not made public?

Tony Calvento uploaded it on his Facebook page on Sep. 16, 2014:
 
https://www.facebook.com/media/set/?set=a.301178696752943.1073741848.219871534883660&type=1

[CoolTOYZPH]

11:00PM(22Jan14) Vhong said he went to the residence of Deniece at Forbeswood.
11:13PM(22Jan14) Cedric was seen on CCTV leaving Forbeswood.
2:28AM(23Jan14) Cedric was seen on CCTV returning to Forbeswood.
2:30AM(23Jan14) Vhong was already at the Hospital

Based on this timeline(13-minutes), the Prosecution wanted the accused to be charge Guilty of Serious Illegal detention.

@Barrister, in your opinion what Case should the prosecution have filed against Cedric and company? Illegal Detention, Unlawful Arrest, Grave Coercion, Abduction?

[the_w0rks]

According to my friend na under atty. Topacio, the facts alleged by the prosec would have been enough for serious physical and illegal detention (not serious illegal detention). Ang comment nya is that naging swapang yung prosec.

[CoolTOYZPH]

Illegal detention by itself is eligible for release on bail.
The assumption is the Private prosecutor pushed for a case of "Serious" Illegal Detention, against advise of Public Prosecutors and even if detention did not last for 5-days, so that accused will be imprisoned while the case is being heard. I would love to hear the opinion of Barrister.

According to my friend na under atty. Topacio, the facts alleged by the prosec would have been enough for serious physical and illegal detention (not serious illegal detention). Ang comment nya is that naging swapang yung prosec.

[barrister]

Illegal detention by itself is eligible for release on bail.

Serious Illegal Detention is non-bailable if the evidence of guilt is strong.
 
In itself, Serious Illegal Detention is non-bailable.  The exception is that bail is allowed where the evidence of guilt is not strong.

That's the reason why bail was granted.  Because the judge ruled that the evidence of guilt is not strong.


 

The assumption is the Private prosecutor pushed for a case of "Serious" Illegal Detention, against advise of Public Prosecutors and even if detention did not last for 5-days, so that accused will be imprisoned while the case is being heard. I would love to hear the opinion of Barrister.

The role of the public prosecutor is not merely advisory.  The power of the public prosecutor is direction and control of the entire prosecution.   In case of disagreement, the public prosecutors' decision prevails, even over the objection of the private prosecutors. 
 
At any rate, the public prosecutors (the DOJ) agreed wholeheartedly with strategy of the private prosecutors in this case.

Detention does not have to last for five days, if serious physical injuries were inflicted.  The Revised Penal Code states:
 
Art. 267. Kidnapping and serious illegal detention. — Any private individual who shall kidnap or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to death:

1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the victim or any other person, even if none of the circumstances above-mentioned were present in the commission of the offense.

The five-day requirement appears on par. 1. 

But even if the detention did not last for five days, serious physical injuries will still make it Serious Illegal Detention under par. 3.
 

[barrister]

@Barrister, in your opinion what Case should the prosecution have filed against Cedric and company? Illegal Detention, Unlawful Arrest, Grave Coercion, Abduction?

In my opinion, Serious Illegal Detention is the correct charge.
 
Abduction is not applicable.  As for the other charges, the only non-bailable offense is Serious Illegal Detention.
 
The practice is to charge the respondent with the most serious offense that will stick.  In this case, that's Serious Illegal Detention.
 
You're thinking that if the accused are acquitted of the more serious charge, they can no longer be convicted of the lesser offense? 
 
No, that's not correct.  Even if they are acquitted of the more serious charge, they can still be convicted of the lesser offense, as long as the lesser offense is necessarily included in the more serious charge.
 
 

11:00PM(22Jan14) Vhong said he went to the residence of Deniece at Forbeswood.
11:13PM(22Jan14) Cedric was seen on CCTV leaving Forbeswood.
2:28AM(23Jan14) Cedric was seen on CCTV returning to Forbeswood.
2:30AM(23Jan14) Vhong was already at the Hospital

Based on this timeline(13-minutes), the Prosecution wanted the accused to be charge Guilty of Serious Illegal detention.

The judge cited the timeline to distinguish Serious Illegal Detention from Unlawful Arrest.  If turn-over to the police was immediate, the crime is Unlawful Arrest.  Otherwise, it's Serious Illegal Detention.  According to the judge, since turn-over was immediate, no Serious Ilegal Detention was committed.
 
But in my opinion, there was no turn-over at all.  Remember, they delivered Vhong to the Police station, but when they got there, Deniece, Cedric and the others made it clear that none of them wanted to press charges against Vhong.  But they did want Vhong to sign a statement in the blotter that: (a) he admits attempting to rape Deniece, and (b) he will not press charges against those who beat him up.
 
Obviously, the only purpose of delivering Vhong to the police station was simply to obtain a record that absolves the offenders of any wrongdoing. 
 
The objective was not to turn over Vhong to the police.  Labo naman non.  Wala naman palang gustong magreklamo, at wala rin palang gustong ipakulong si Vhong, ba't dinala pa sa pulis? 

Bakit nga ba ipapakulong si Vhong, e paanong makakasingil si Cedric kung nakakulong yon?     

[CoolTOYZPH]

Barrister, Galing! Thank you.
Question, what differentiates Serious Physical Injuries to Physical injuries only?

But even if the detention did not last for five days, serious physical injuries will still make it Serious Illegal Detention under par. 3.
 

[barrister]

Question, what differentiates Serious Physical Injuries to Physical injuries only?

Madali lang yon. 
 
Legal terms are defined not by the dictionary, but by the law itself.
 
Ang physical injuries ay nasa Revised Penal Code.  Here are the provisions (edited to shorten, sobrang haba kasi):
 
 
Article 263. Serious physical injuries. - Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:
 
1. The penalty of prision mayor, if in consequence of the physical injuries inflicted, the injured person shall become insane, imbecile, impotent, or blind;
 
2. The penalty of prision correccional in its medium and maximum periods, if in consequence of the physical injuries inflicted, the person injured shall have lost the use of speech or the power to hear or to smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or shall have lost the use of any such member, or shall have become incapacitated for the work in which he was therefor habitually engaged;
 
3. The penalty of prision correccional in its minimum and medium periods, if in consequence of the physical injuries inflicted, the person injured shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he as habitually engaged for a period of more than ninety days;
 
4. The penalty of arresto mayor in its maximum period to prision correccional in its minimum period, if the physical injuries inflicted shall have caused the illness or incapacity for labor of the injured person for more than thirty days. xxx
 
 
Article 265. Less serious physical injuries. - Any person who shall inflict upon another physical injuries not described in the preceding articles, but which shall incapacitate the offended party for labor for ten days or more, or shall require medical assistance for the same period, shall be guilty of less serious physical injuries and shall suffer the penalty of arresto mayor. xxx
 

Article 266. Slight physical injuries and maltreatment. - The crime of slight physical injuries shall be punished:
 
1. By arresto menor when the offender has inflicted physical injuries which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period. xxx

 
From those articles, you will see na walang crime na basta "Physical Injuries" lang.  It should be either Serious Physical Injuries, Less Serious Physical Injuries or Slight Physical Injuries.
 
Ang talagang question mo, what's the distinction between Serious, Less Serious and Slight Physical Injuries.
 
Ang short-cut distinction --- the period of illness or incapacity for labor:
 
- Serious - more than 30 days;
- Less Serious - 10 to 30 days;
- Slight - 1 to 9 days.
 
Read pages 52 and 53 of the Resolution again, and it will now be easier to understand. https://www.facebook.com/media/set/?set=a.301178696752943.1073741848.219871534883660&type=1
 
The presence of Serious Physical Injuries is very important, kasi less than 5 days ang detention ni Vhong.  Kaya may emphasis si judge na wala daw Serious Physical Injuries. 
 
Pansinin:
 
Sabi ni judge sa page 52 ng Resolution, art. 263, par. 4 of the Revised Penal Code defines Serious Physical Injuries as those that require hospitalization of more than 30 days.
 
Basahin mo nga yung art. 263 par. 4 kung ang requirement ba ay "hospitalization" o "illness" lang?
 
Pinipilit yata ni judge na magbigay ng bail ...   
 

[dodie]

i think its a seven digit payout for the judge....ang TRO nga six figures na eh, eto pang pag approve sa petition for bail. it was a well planned move by the lady judge. hit and run!

meron bang sanction ang mga huwes pag grave abuse of discretion?

[tony]

the judge in this case can very well do a hit and run....who is going to complain?
is the Cedric Lee camp going to say they paid money to get the bail? Cedric can be a monster, but he is not stupid...

[bartender]

the judge in this case can very well do a hit and run....who is going to complain?
is the Cedric Lee camp going to say they paid money to get the bail? Cedric can be a monster, but he is not stupid...

and sadly, we can't say the same about Vhong who thinks with his d***...

[anya618]

The Daring Blunder

si my husband's lover saka si burger king 

[Quitacet]

The Daring Blunder

si my husband's lover saka si burger king 

Ganun pla si girl? Sayang naman.

[anya618]

Ganun pla si girl? Sayang naman.

ang di ko mahulaan kung ano yung prutas na ginamit 

[jh@meeh]

sino po kaya yun? hehehe

[Quitacet]

ang di ko mahulaan kung ano yung prutas na ginamit 

oo nga e. kung saging imposibleng mabali dahil sa balat.

Kung talong di naman prutas yun.

[anya618]

oo nga e. kung saging imposibleng mabali dahil sa balat.

Kung talong di naman prutas yun.

malamang binalatan 

[jjlovemusic]

ang di ko mahulaan kung ano yung prutas na ginamit 

cactus?

[anya618]

cactus?

di pwede makakasugat yan 

[Quitacet]

natatawa nga ako sa mga comments e. Pinya daw hahahahahaha

[krets pulpol]

kinky stuff

[a2]

baka fruit salad or mixed veggies.

[audiojunkie]

baka fruit salad or mixed veggies.

Vegetarian...

[Quitacet]

binayaran siguro ni Popoy ng magandang presyo ang doktora.

[Seryo]

Haha, shet long time crush ko yung babae.

[the_w0rks]

teka, bakit pati dito sa thread na 'to nagpapahulaan pa tayo? haha

sino ba yan? di talaga ako magaling sa mga showbizz blind item since I don't know much about actors. haha

[Seryo]

Denis Trillo Bianca King. Kung mali ako, please tell me. Save me. Haha