i saw this only now: an allegation of rape raised by the Collegian against a student candidate in the student council elections, brought up during the election debate-forum. The allegation of rape was not denied. Meron bang na- rape — Totoo ba ito? Kung hindi nangyari, dapat ay i-deny; kung totoong nangyari, hindi dapat ganito ang pag-handle.
(If the allegation is true, and if the offended party does not wish to come forward, his/her right to privacy should be respected; legally, however, this can be handled without disclosing the identity of the offended party to the public (and even without involving the offended party if there are other pieces of evidence). )
(see screenshot below of the Collegian twitter account).
This is the definition of rape (the second paragraph punishes the overt acts regardless of gender) :
Revised Penal Code as amended by Republic Act 8353: “Article 266-A. Rape: When And How Committed. – Rape is committed: “1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: “a) Through force, threat, or intimidation; “b) When the offended party is deprived of reason or otherwise unconscious; “c) By means of fraudulent machination or grave abuse of authority; and “d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. (or, regardless of gender) (parenthetical note by blog admin) “2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof (through force, threat, or intimidation; or when the offended party is deprived of reason or otherwise unconscious; or by means of fraudulent machination or grave abuse of authority; or when the offended party is 12 years old or is demented, even though none of the circumstances mentioned above be present), shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.”
First posted at 10:38am: HAPPENING NOW: Congress is about to violate the Data Privacy Act by releasing personal info on CJ Sereno, entrusted to the JBC
Data Privacy Act of 2012, Republic Act 10173:
xxx
Sec. 3. Definition of Terms. – Whenever used in this Act, the following terms shall have the respective meanings hereafter set forth: xxx (k) Privileged information refers to any and all forms of data which under the Rules of Court and other pertinent laws constitute privileged communication.
(l) Sensitive personal information refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings; xxx SEC. 31. Malicious Disclosure. – Any personal information controller or personal information processor or any of its officials, employees or agents, who, with malice or in bad faith, discloses unwarranted or false information relative to any personal information or personal sensitive information obtained by him or her, shall be subject to imprisonment ranging from one (1) year and six (6) months to five (5) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00).
SEC. 32. Unauthorized Disclosure. – (a) Any personal information controller or personal information processor or any of its officials, employees or agents, who discloses to a third party personal information not covered by the immediately preceding section without the consent of the data subject, shall he subject to imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five hundred thousand pesos (Php500,000.00) but not more than One million pesos (Php1,000,000.00). (image credits as stated in the archives)
