A.M. No. 15-06-10-SC, or the Revised Guidelines for Continuous Trial of Criminal Cases provides that: ” In criminal cases before First Level Courts (i.e. Municipal and Metropolitan Trial Courts, etc.), witness testimonies shall consist of (i) duly subscribed written statements given to law enforcement officers; or (ii) affidavits or counter-affidavits submitted during preliminary investigation; or (iii) if (i) and (ii) are not available, judicial affidavits.”
What are the requirements for a Special Resident Retiree’s Visa?
by Kia Marie Emanel Pano
The Special Resident Retiree’s Visa (SRRV), is a special non-immigrant visa which entitles the holder to reside in the Philippines.
The basic requirements for the application of SRRV are the following: 1) Original Passport with valid/updated Temporary Visitor’s Visa; 2) Accomplished Philippine Retirement Authority (PRA) application form; 3) Original valid Medical Certificate; 4) Original Valid Police Clearance from country of origin, and an additional National Bureau of Investigation (NBI) clearance if applicant has stayed in the Philippines for over 30 days from last date of entry; 5) Photos (8 pieces, 2×2); 6) SRRV deposit that is inwardly remitted; 7) Processing/Service Fee of US $1,400.00 for the Principal Applicant, and an additional US $300.00 for each Dependent Applicant; 8) Annual Fee of US $360.00 for the Principal and two dependents if there are any.
There are four (4) SRRV options which you can choose from. First is SRRV SMILE which is intended for active/ healthy retirees, who opt to maintain their SRRV deposit of US $20,000.00 in any of the PRA Accredited Banks. Second is SRRV CLASSIC which is for active/healthy retirees, who opt to use their SRRV deposit into active investment such as the purchase of condominium unit or long-term lease of house and lot. The SRRV deposit is US $10,000.00 for 50 years old and above with a pension and US $20,000.00 for those without pension. For those who are 35 to 49 years old, the SRRV deposit is US $50,000.00.
On the other hand, for those ailing retirees who are 35 years old and above and who need or require medical/clinical care, a monthly pension of at least US $1,500.00, a health insurance policy accepted in the Philippines, and an SRRV deposit of US $10,000.00 are required to avail of SRRV HUMAN TOUCH. And lastly, SRRV EXPANDED COURTESY is available for foreign nationals who are 50 years old & above and who are also retired Armed Force officers of foreign countries with existing military ties and/or agreement with the Philippine Government. A monthly pension of at least US $1,000.00 and an SRRV deposit of US $1,500.00 are required. The SRRV deposit includes the principal applicant and 2 dependents. Additional dependent, entails additional SRRV deposit of US $15,000 each (except for former Filipinos). CHILDREN must be legitimate or legally adopted by the Principal Retiree, unmarried and below 21 years old upon joining the program.
Source: Philippine Retirement Authority (pra.gov.ph)
When Role Playing can land you in Jail
Edwin and Leah are a young adventurous couple in their mid-20s.
Wanting to add spice to their sex life, they decided to venture into role playing. Enjoying this fetish, the couple took photos and videos of themselves in various state of undress and having sex. In some of the photos depicting sexual intercourse, Leah was presented as a scantily- dressed teenage school girl. These sexual adventures continued until Edwin caught Leah with another man. He was so enraged that he shared Leah’s nude photos and their sexual encounter with his friends: Bobby, Rommel and Jerry via MMS and email. Included were photos of Leah role-playing as a teenage school girl. When Leah knew about that her nude photos were shared and already in the possession of Edwin’s friends, she alerted the National Bureau of Investigation (NBI) Cyber Crime Division. Soon an entrapment operation was hatched and Edwin and his friends were caught with Leah’s nude photos in their cellular phones and computers.
The public prosecutor charged Edwin, Bobby, Rommel and Jerry with Syndicated Child Pornography as defined by Republic Act 9775 or the “Anti-Child Pornography Act of 2009.” In their defense, all the respondents reasoned that Leah was no longer a minor when her nude photos were taken. She was already 24 years old.
Is this a valid defense?
No. Even if the person whose nude photos are subject of the crime, is no longer a minor at the time it was taken, it may still be considered child pornography. This is because Section 3 (a) 1 of RA 9775 provides when a person regardless of age is presented, depicted or portrayed as a child in photos or videos, he or she is still considered a child for intents and purposes of said law. If these photos or videos depicts or shows said person engaged or involved in real or simulated explicit sexual activities like sexual intercourse, these can be considered as child pornography .
As for Edwin, Bobby, Rommel and Jerry, they are liable for child pornography under Section 4 paragraphs c, j and l, for sharing, willfully accessing and possessing child pornography. To make matters worse, since the violation was carried out by a group of three (3) or more persons conspiring or confederating with one another, it is deemed syndicated child pornography under Section 5. This carries a penalty of reclusion perpetua and a fine of not less than Two million pesos (Php2,000,000.00) but not more than Five million pesos (Php5,000,000.00).
Causing Dela Cruz Law Office 