The MMDA Chair “has directed the agency’s Legal Service to file direct assault charges” “on behalf of Traffic Constable Saturnino Fabros” “against Robert Blair Carabuena, Philip Morris recruitment officer,“ (philstar.com).
Direct assault is an attack on a person in authority, or his/her agents, while in the performance of his/her official functions on or occasion of such. When the offender lays a hand or uses a weapon, the penalty is prision correccional medium to maximum, that is, imprisonment of from four years and two months to a maximum of six years.
Usually, the issue is: Who is a “person in authority”?
Art. 152 of the Revised Penal Code provides (we’ll break these down a bit, below, don’t worry) :
”Persons in authority and agents of persons in authority; Who shall be deemed as such. — In applying the provisions of the preceding and other articles of this Code, any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a barangay chairman shall also be deemed a person in authority.
“A person who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of persons in authority, shall be deemed an agent of a person in authority.
“In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual performance of their professional duties or on the occasion of such performance, shall be deemed persons in authority.”
In other words, “persons in authority” include: 1) judges; 2) public officers who adjudicate or those who are in the hearing boards of government corporations, government boards, government commissions; and 3) for purposes of the direct assault provisions: teachers, professors, administrative officials of public and private schools, colleges, universities, and lawyers in actual performance of official functions.
(i suppose those public officers who have appellate jurisdiction, or those who can overrule judges plus those who can overrule members of the hearing boards of government corporations, government boards, government commissions, are persons in authority.)
The following are considered agents of persons in authority:
1) Any law-enforcement authority, or those charged by law to maintain public order. Examples are: barrio captain or barangay chair, policemen, barangay leaders, barangay council members.
Plus,
2) those who:
a) come in the aid of judges, or of public officers who adjudicate, or of those who are in the hearing boards of government corporations, government boards, government commissions (and, i suppose those who come in the aid of public officers who have appellate jurisdiction or those who come in the aid of public officers who can overrule those in hearing boards etc.)
b) those who come in the aid of: the barrio captain or barangay captain;
c) those who come in the aid of teachers, professors, administrative officials of public and private schools, colleges, universities,
d) those who come in the aid of lawyers in actual performance of official functions.
The catch-all phrases here, i think, are: those who are “charged with the maintenance of public order and the protection and security of life and property”, and those who “come in the aid of” etc. . In other words, these create broad categories for purposes of the direct assault provisions.
Blog admin received this from the broadband telecom company by email and verified it by phone call and visit to the website. You can verify the information yourself by your own methods. (if it’s a hoax, we’ll just file an administrative complaint against the broadband company for spreading it in an official communication)
“We have received information from international agencies that a rampantly spreading DNSChanger malware may infect the computers of internet users globally. If your computer is infected, this malware redirects you to fraudulent websites and DNS servers and can interfere with your online browsing.
“We strongly urge our Broadband subscribers to take the necessary steps to check their computers as soon as possible. If infected, they should remove the virus from their computers immediately. If your computer is infected, you may lose access to the internet by July 9, when U.S. authorities will shut down the temporary servers that continue to allow infected computers to access the internet.
“Checking the status of your computer is easy. Simply click on the US FBIs DNS Changer Working Group, or DCWG, web site at http://www.dcwg.org/, the group working on cleanup resulting from the malware, or click on this link http://www.dns-ok.us/ to find out the status of your computer: green means it is safe; red means it is infected.
“If your computer test results to green, no further action is needed. But, if your test results to red, please visit the ____________ (blog admin’s broadband website) at _________________ ( url of site to check your computer, this links you to www.dns-ok.us ) for a step-by-step instruction on how to recover your computer from this malware.
“We also encourage you to visit our website to read more about this issue.
“We hope this information ensures that you continue to experience seamless internet services.
This will give you a rectangle (geometric shape) with conical symbols of “people” inside: If the color of the rectangle is green, your computer is notinfected. Easy. So it looks like this:
If the color of the rectangle is red, your computer is infected.
There’s some literature (explanation) below the rectangle. My computer is not infected. don’t know what the red rectangle looks like.
[i suppose the FBI got the necessary court orders for this: shutting down access to the internet of some 250,000 infected computers and red-flagging the rest and shutting down their temporary servers (if non-consensual on the part of the servers) by July 9]
