#MaguindanaoMassacreVerdict #MaguindanaoMassacre Promulgation: What to expect procedurally; posted at8:58am

#MaguindanaoMassacreVerdict #MaguindanaoMassacre Promulgation: What to expect procedurally ; posted at 8:58am                 

          Accused might move to waive reading and move to proceed straight to reading of the dispositive portion; prosecution might object; depending on how well the parties argue, the judge may or may not grant waiver of reading.

     If waiver of reading is granted, the reading of the dispositive portion will take less than ten minutes. If waiver of reading not granted, the reading will take as long as the amount of time it takes to read it out —– i’m guessing, based on the number of accused and the amount of evidence: hours.

     For journalists: If reading is waived: Get your digital devices ready in order to be able to jpeg the entire file copy and upload it online as soon as you can.

     If guilty verdict: The Court normally will remand the accused to be detained at the NBP; the accused might beat the judge to the draw and before remand might manifest  intention to appeal and  move that the accused be remanded to the same detention cell in Camp Bagong Diwa or the hospital. If accused makes such a motion, the prosecution will object.

    Accused might also ask for sentences to run concurrently instead of consecutively with time served (time in detention considered as service of sentence), for shorter service. Prosecution will object.

    If found guilty of a less offense: Same manifestations.

     If not guilty: Accused will be processed for release.

     For a guilty verdict, the quantum of evidence is “beyond reasonable doubt” : in ordinary sense, it means : the evidence leaves no room for doubt.

      (The Maguindanao Massacre is the murder of 58 people including 32 media reporters, two young female lawyers, and passersby.) 

UPDATED. Law on Mass Media & Communication 9th Exercise Final Exercise Deadline Dec. 4 at 5pm

UPDATED. Law on Mass Media and Communication 9th and Final Exercise with Deadline on Wednesday Dec. 4 at 5pm

 Based on the class discussion on the rights of private individuals as limit to the right to freedom of the press or the right to free speech, and the discussion on laws on public order as limit to the right to freedom of the press or the right to free speech, submit an illustration of any one of the following:

    Either : A. The concept of the right to privacy of private individuals as a limit to freedom of expression (1.Constitutional protection of right to privacy as against the State; 2.Protection of the right to privacy under the Civil Code; 3.Protection of the right to privacy under special criminal laws; 4.Protection of the right to privacy as enunciated by the Supreme Court (jurisprudence) ) (time frame: news reports from 2018 to 2019)

UPDATE: BONUS for five points which can be availed of for any option: For an additional five points on reporting, the right to privacy (and listening and reading comprehension) :
Question: Is there a difference in the following statements of conclusion based on data from clinics that there are more reported cases of depression:
a)Statement of conclusion most often made by researchers: “There are more actual cases of depression in the last five years compared to the years before that, according to hospital records.”
b)Another statement of conclusion that’s not used: “There are more reports of actual cases of depression in the last five years, compared to the years before that when they were probably not being reported, based on hospital records.”
1.What is the difference, if any, between the two? Explain.  2.Which statement would be more accurate?

   3.Are there other possible theorization / explanation for the data? Explain, then state why it is important to offer all possible explanations and   analysis for the data (for five points).
(On the other hand, cases of suicides and suicide attempts may be a more accurate measure of the qualitative change in the phenomenon of depression in the last five years compared to years before that, and used as jumping point of the study, i.e. absent more accurate data,  the data on the increase in suicide cases and suicide attempts may support the conclusion that there are more cases of depression in the last five years compared to the years before that  — more quantifiable — rather than varying general reports of depression). 
(a sample, from naomiczar of the Ethics class: “…This statement (the second), in comparison to the prior statement, significantly limits the scope of the data from which the conclusion was based; and thus offers a more streamlined and careful conclusion and consequently, implications that can be derived.

     “It is pertinent to offer all possible explanations and analyses for the data because it decreases the probability of the data being misinterpreted and it can also offer different perspectives about the data. This will guide us to consider various interpretations and consequently make valid and informed decisions.”)


or

      B. The law on inciting to sedition or inciting to rebellion  as used or threatened to be used by the State or public officials (time frame: news reports from 2018 to 2019).

        (the bonus can be availed of whatever option the class member takes).

      The deadline is on Wednesday, Dec. 4, 2019 at 5pm.

   

            Happy National Heroes’ Day!

Law on Mass Media 8th Exercise Fair Comment & what can be considered as not a fair comment (abuse of free speech)

Law on Mass Media and Communication 8th Exercise Fair Comment and what can be considered as not a fair comment (abuse of free speech)
        Based on the legitimate subjects of fair comment as discussed in jurisprudence and taken up in class (
1.Affairs of the state, the workings of government, acts of governance, and acts of public officials; 2.The manner of administering public institutions such as educational, religious, charitable institutions; 3.The quality of public infrastructure, public works, public utilities; 4.The work of employees and personnel in public utilities, public works, public infrastructure, public services; 5.Consumer products; 6.Advertisements; 7.Literary and artistic work including films, exhibits; 8.Public entertainments (all kinds as long as these are publicly shown such as TV shows); 9.Involvement in public events such as sports, fashion shows, performances; 10.…and a catch-all category — “Appeals to the public”) and
and the standards for fair comment (it must be on a legitimate subject of fair comment; it must be based on an actual event or must have some basis in fact; and it must be the author’s honest opinion),
give three examples of comments as tweets or FB posts or Instagram comments (redact the URLs and names; redact profanities and curse words ) that are NOT considered as fair comment and are in fact abusive behavior online. In order to avoid confusion, make sure you use the heading : ABUSIVE BEHAVIOR ONLINE in your post [Timeframe: comments (tweets, IG comments, FB posts) from August 15, 2019 to November 21, 2019].

           The deadline is at 1pm Thursday November 21, 2019.