Tuesday

Facebook removes gay kiss photo for ‘being sexually suggestive’

Tuesday

The 'sexually suggestive' image banned by Facebook
by Jessica Geen, www.pinknews.co.uk 
Facebook has apparently removed a photo of two men kissing for being “sexually suggestive” and “abusive”. The image, of a gay kiss on UK soap EastEnders, was used by US writer Niall O’Conghaile to accompany a blog post about the ‘kiss-in’ held to support a gay couple who were kicked out of a pub.

Richard Metzger, the editor of the Dangerous Minds blog where the news story was published, posted the story on Facebook but received a warning from site administrators about the image.
He claims the message said: “Content that you shared on Facebook has been removed because it violated Facebook’s Statement of Rights and Responsibilities. Shares that contain nudity, or any kind of graphic or sexually suggestive content, are not permitted on Facebook.
“This message serves as a warning. Additional violations may result in the termination of your account. Please read the Statement of Rights and Responsibilities carefully and refrain from posting abusive material in the future. Thanks in advance for your understanding and cooperation.”
Facebook has been criticised for over-zealous policing of imaging, including removing pictures of mothers nursing newborn babies.
Mr Metzger believes that a troll posting on his Facebook wall may have reported the image as being inappropriate.
He has also questioned whether an event page for the pub kiss-in was removed by Facebook and is urging users to repost the EastEnders photo as much as possible.
He wrote: “I’ve written to Facebook asking them why this content was removed, but have at this point received no reply. I’ll update this post when I do. In the meantime, why not share this photo on FB as much as you can?”

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Thursday

HOMOPHOBES STRIKES ANEW: Malaysia Sends 66 Boys to Antigay Camp

Thursday
Authorities in Malaysia have sent 66 boys identified by teachers as “effeminate” to a camp that aims to teach them about masculine behavior and discourage them from becoming gay, according to the Associated Press.
Officially billed as a “self development course,” the boys are ages 13 to 17, the state's education director, Razali Daud, confirmed in a statement. Gay sex is illegal in Malaysia.
The camp is meant "to guide them back to the right path in life before they reach a point of no return," Razali told the AP. "Such effeminate behavior is unnatural and will affect their studies and their future."
The boys will attend religious and motivational classes in addition to receiving physical guidance.

Malaysia's anti-gay camp violates law says minister 

A camp set up to correct the effeminate behaviour of Muslim schoolboys violates the law and should be abolished, says Malaysia's women's minister.
Sixty-six schoolboys identified by teachers as effeminate began counselling this week to discourage them from being gay.
They are undergoing four days of religious and physical education.
An education official said the camp was meant to guide the boys back "to a proper path in life".
But the women's minister, Shahrizat Abdul Jalil, said singling out these children based on perceived feminine mannerisms was traumatising and harmful to their mental health.
The camp violates the Child Act, which protects children without prejudice, she said.
Gay rights groups have also criticised the measure, saying it promotes homophobia in the Muslim-majority country where gay sex is still illegal.
The schoolboys allegedly displayed "feminine mannerisms" - though educators in the conservative state of Terengganu did not detail what they were, the BBC's Jennifer Pak reports from Kuala Lumpur.
State officials say that, if left unchecked, the students - aged between 13 and 17 - could end up gay or transsexual.
They blame parents for encouraging boys to develop feminine traits, by dressing them up in girls' clothing at a young age.
Terengganu state's education director, Razali Daud, said the students were invited to join the camp and were not compelled to do so.
"As educators, we have to do something about it before the young ones misunderstand people and reach the point of no return," he was quoted as saying by the New Straits Times.
Mr Razali says although homosexuals and transvestites exist in Malaysia, the authorities want to limit their number.
Homophobia
Gay sex is illegal in Malaysia and homosexuals say they face discrimination from government policies such as a law that makes sodomy punishable by 20 years in prison.

Activists say it is appalling that educators are persecuting children for Expressing their personalities and identities.
The Joint Action Group for Gender Equality said "corrective boot camps" violate the rights of people who are perceived as different.
"It should be strongly opposed and challenged as it promotes homophobia and prejudice," the group said in a statement.
"We should send a clear message to institutions that they have no business meddling with an individual's identity and personal preference."
A campaigner for sexual rights, Pang Khee Teik, described the camp as outrageous and an example of homophobia.
"All the students will learn from these camps is that they are expected to behave a certain way," said Mr Pang, co-founder of Seksualiti Merdeka.
"And in order to avoid further ridicule, perhaps they will learn to pretend better. In the end, we are only teaching them how to be a hypocrite." (www.bbc.co.uk)

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Wednesday

Priest tells RH bill supporters to leave Mass

Wednesday
RIZA HONTIVEROS BARAQUEL

BAGUIO CITY, Philippines – A priest at the Baguio Cathedral drew flak from some Catholics after he ordered people supporting the reproductive health bill to leave the church and stop hearing Mass.

His remarks drew outrage from some parishioners, who walked out in consternation.
The priest, whose identity was withheld, used his sermon to mock supporters of the bill such as former Akbayan party-list Rep. Risa Hontiveros-Baraquel.

"Kung meron nakikimisa dito pero pro-RH bill… Please, go out. It's useless," the priest said.
"What is this mass for if you are pro-RH bill? What is going to Church for if you're pro-RH bill?" he asked.

The priest's statements were recorded on video by a parishioner.

The prelate also criticized Hontiveros-Baraquel. "Ang ganda-gandang babae niya...pero ang pangit-pangit ng stand niya."

The former legistlator said she was shocked by the priest’s statements.

“Nakaka-shock, nakakalungkot, nakakagalit. Can’t they let people worship in peace? Mahal na araw pa naman ngayon."

“Don't use the pulpit, which belongs to all the lay people, as attack vantage point,” she told ABS-CBN.

ABS-CBN News tried to get the side of the priest, but he left for a vacation in Laoag.

The Catholic Bishops' Conference of the Philippines also declined to give a statement, saying the body prefers to air its stand in dialogues. – report from Jeff Canoy, ABS-CBN News

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Friday

RULE OF PROCEDURE FOR SMALL CLAIMS CASES AS AMENDED

Friday

SECTION 1.  Title.—This Rule shall be known as “The Rule of Procedure for Small Claims Cases.” 

SEC. 2.    Scope.—This Rule shall govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs. 

SEC. 3.  Definition of Terms.—For purposes of this Rule: 
(a)  Plaintiff refers to the party who initiated a small claims action.  The term includes a defendant who has filed a counterclaim against plaintiff; 
(b)  Defendant is the party against whom the plaintiff has filed a small claims action.  The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim; 
(c)  Person  is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law; 
(d) Individual is a natural person; 
(e)  Motion means a party’s request, written or oral, to the court for an  order or other action.  It shall include an informal written request to the court, such as a letter; 
(f)  Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and 
(g)  Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true. 

SEC. 4.  Applicability.—The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure. 
These claims or demands may be: 
(a) For money owed under any of the following: 
 1. Contract of Lease; 
 2.  Contract of Loan; 
 3.  Contract of Services; 
 4.  Contract of Sale; or 
 5.  Contract of Mortgage; 
(b) For damages arising from any of the following: 
 1.  Fault or negligence; 
 2.  Quasi-contract; or 
 3.  Contract; 
(c) The enforcement of a  barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417            

SEC. 5.   Commencement of Small Claims Action.—A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim.  No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless  good cause is shown for the admission of additional evidence. No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action. 

SEC. 6.  Joinder of Claims.—Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00. 

SEC. 7.  Affidavits.—The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record. 

SEC. 8.  Payment of Filing Fees.—The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent. A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case.  If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases.  If the motion is denied,  the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice.  In no case shall a party, even if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases. 

SEC. 9.   Dismissal of the Claim.—After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action. 

SEC. 10.  Summons and Notice of Hearing.—If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response. The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule. The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant.  The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule. 

SEC. 11.  Response. — The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a non-extendible period of ten (10) days from receipt of  summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence. The grounds for the dismissal of the claim, under Rule 16 of the Rules of Court, should be pleaded.      

SEC. 12.  Effect of Failure to File Response. — Should the defendant fail to file his Response within the required period, and likewise fail to appear at the date set for hearing, the court shall render judgment on the same day, as may be warranted by the facts.  Should the defendant fail to file his Response within the required period but appears at the date set for hearing, the court shall  ascertain what defense he has to offer and proceed to hear, mediate or adjudicate the case on the same day as if a Response has been filed. 

SEC. 13.  Counterclaims Within the Coverage of this Rule.—If at the time the action is commenced, the defendant possesses a claim against the plaintiff that
(a) is within the coverage of this Rule, exclusive of interest and costs;
(b) arises out of the same transaction or event that is the subject matter of the plaintiff’s claim;
(c) does not require for its adjudication the joinder of third parties; and
(d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, thedefendant shall be barred from suit on the counterclaim.The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that  the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid. 

SEC. 14.  Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule: 
(a) Motion to dismiss the complaint; 
(b) Motion for a bill of particulars; 
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; 
(d) Petition for relief from judgment; 
(e) Motion for extension of time to file pleadings, affidavits, or any other paper; 
(f) Memoranda; 
(g) Petition for  certiorari,  mandamus, or prohibition against any interlocutory order issued by the court; 
(h) Motion to declare the defendant in default; 
(i) Dilatory motions for postponement; 
(j) Reply; 
(k) Third-party complaints; and 
(l) Interventions. 

SEC. 15.   Availability of Forms; Assistance by Court Personnel.—The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases. 

SEC. 16.  Appearance. — The parties shall appear at the designated date of hearing personally.  Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer, and  must be related to or next-of-kin of the individual-party. Juridical entities shall not be represented by a lawyer in any capacity. The representative must be authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.   

SEC. 17.  Appearance of Attorneys Not Allowed.—No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latter’s consent. 

SEC. 18.   Non-appearance of Parties.—Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim. Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing. Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim. 

SEC. 19.  Postponement When Allowed.—A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement. 

SEC. 20.  Duty of the Court.—At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases. 

SEC. 21.  Hearing. — At the hearing, the judge shall exert efforts to bring the parties to an amicable settlement  of their dispute. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC) Settlement discussions shall be strictly confidential and any reference to any settlement made in the course of such discussions shall be punishable by contempt. 

Sec.  22.  Failure of Settlement. — If efforts at settlement fail, the hearing shall proceed in an informal and expeditious manner and be terminated within one (1) day. Either party may move in writing (Form 10-SCC) to have another judge hear and decide the case. The reassignment of the case shall be done in accordance with existing issuances. The referral by the original judge to the Executive Judge shall be made within the same day the motion is filed and granted, and by the Executive Judge to the designated judge within the same day of the referral. The new judge shall hear and decide the case within five (5) working days from receipt of the order of reassignment. 

SEC. 23.    Decision.—After the hearing, the court  shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC).  The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties. The decision shall be final and unappealable.

SEC. 24.  Execution.—If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC). 

SEC. 25.   Applicability of the Rules of Civil Procedure.—The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule.

SEC. 26.  Effectivity*.—This Rule shall take effect on October 1, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation. The amendments to this Rule shall take effect ninety (90) days from publication in two (2) newspapers of general circulation.
 _____________________
*   Effectivity of the Rule to all pilot courts for small claims cases – October 1, 2008
     Effectivity of the amendments to the Rule – November 3, 2009
     Effective date of the implementation/roll-out of the Rule, as amended, to all first  
     level courts, except the Shari’a Circuit Courts – March 18, 2010

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Monday

DAPITAN AND DIPOLOG CITIES: In my eyes

Monday
Dipolog And Dapitan Cities: in my Eyes Slideshow: June’s trip to Pagadian City (near Dipolog), Mindanao, Philippines was created by TripAdvisor. See another Dipolog slideshow. Create your own stunning slideshow with our free photo slideshow maker.

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MY AMATUER PICS: Puerto Princesa, Palawan


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Sunday

BRIAN GORRELL: 10 years with HIV, AND IN CONTROL

Sunday

BRIAN GORRELL, laughing, loving and living!
Dear Readers,

On February 27th 2011, I reached and celebrated my 10th year with HIV.
It’s been a while since I last updated my HIV/AIDS results page, which I guess some will take as a sign that all is well. 
And you would be correct.

I’m happy and healthy today and full of positivity, humour, love and light.

I’ve never felt stronger nor have my feelings for the future ever been this inspiring. My family is wonderful and my relationship continues to bring the challenges and gifts that most do.

There are many reasons for my happiness, the most important one being that I started my ARV therapy a while ago and the results have been amazing. I was waiting for my drugs to take hold before I wrote about the experience. Before I stopped taking my drugs, my virus was undetectable and had been for five years. So a drug holiday made sense to me.

So this was my second time starting them and I was nervous about side effects and my sleeping patterns being affected as they were before when I was on the ARVs. But this time, I had no problems with my body adjusting to the medication and the side effects were very light on my system.

I take my drugs every other day. I do not nor have I ever taken my HIV drugs every single day as I and we are told to do.

DO NOT encourage you to do this without seeking your doctor's advise and consent. Everyone's circumstances are different and at the end of the day your doctors know best. But do mention it to him/her and ask if it's feasible in your situation, just like I did. When I mentioned it to my own doctor, he told me to do whatever I felt comfortable with as long as my numbers remained stable and my undetectable status stays the same. Taking my pills every other day DID NOT have an adverse effect on me. My HIV is UNDETECTABLE and I have been taking my pills every other day for many months, since the beginning actually.

I’ve always worried about the constant onslaught of HIV drugs on my system. Taking my drugs every other day was MY decision and I’m thrilled I made it. I withheld 1,477 pills from going into my body and yet I still managed to have my HIV undetectable status. My organs are thanking me I’m sure. I will need them all in tip top shape for the future!

When I started the combination therapy again, I remember obsessing, wondering, and asking myself, “Had I fucked up by stopping them when I moved from Australia to Canada?" HIV positive people hear stories all the time about how you’re NOT supposed to stop taking your pills. Back then, I really had to take control over my life and part of that was starting fresh with no worries about my drugs and keeping them cool while I travelled with my boyfriend.

My drug holiday meant taking away the daily reminder that you are indeed different than everyone else around you. You have HIV and the handful of pills remind you of that everyday you put them to your mouth.

It can get very distressing and depressing.
I nearly forgot that I have HIV while I was off my medication.
It was wonderful.
It was truly wonderful.

When I made the decision to stop them I said, “Fuck it”. I thought, at the time when my life was so hectic, that finding a fridge just to keep my medication chilled while I traveled throughout Asia would be a nightmare. I was tired, depressed and about to travel but my body was rock solid and I felt healthy despite my hectic life.

So I stopped taking my HIV drugs because I WANTED to stop.

I felt a need. A strange feeling, almost like I wanted control again over my life.

And the sense and feeling of being ‘undetectable’ certainly offers you that springboard you require to leap forward into a pill free existence, something that I thought at the time was manna from heaven.

I also WANTED to give my 150 pound body a break from the drugs I was on while I was still in my thirties. Sleeping was difficult with the medication the first time and I just needed to sleep so badly. I wanted to give myself a break from having to think about the pills.

Pills = HIV I thought.
And they still do. However, I feel different now about the medication than I did before I took a break from it.

Fuck HIV and the medication I remember thinking back then. But now, I feel great about them both being together once again.

One cancels out the other?
We all hope and pray.
I just want to be healthy and happy.

My pills are making me happy this time. Maybe it’s because I’m older and I don’t feel so brave. I need the security of being undetectable more now than ever. When you get married, things change dramatically inside of you. Suddenly you are not the only person who needs to be considered when it comes to your health, happiness, and future in general.

I’m still comfortable about having made those decisions to stop my medications before I came home to Canada. However, as a result of this decision, within a year after stopping my HIV drugs, my HIV virus was no longer undetectable as it had been five years. It was once again bombarding my system with great effect. And my CD4 count and viral load numbers reflected that. The first was very low and the second was very high. It really sucked. Fucking virus.
Mother fucker.

My fabulous ARV drug holiday bubble was suddenly burst and I was once again drenched in fear.

Although I'm ok with all of my HIV therapy decisions, I knew it was time that I start them again. When you are told that your virus is again detectable, your life is jolted back into your HIV reality. Your entire world shifts once again, and action MUST be taken immediately. You just feel it. You want to live.
For a long time.

And when the day comes and you are told that your virus is undetectable, you want to keep it that way.
For a long time.

And so I took action and now I'm back on my new ARV therapy. And once again after some time, my HIV is undetectable. It took eight months for my numbers to get back to normal. Now I have a solid set of results I can hopefully take forward with me for another five or so years.

I’ve recently had my eyes thoroughly checked by my ophthalmologist and the results came back with perfect 20/20 vision with no signs of trouble. I’ve also had my hearing checked, my teeth cleaned again (4X a year).
I somehow managed to stop biting my fingernails which was a life long habit. I NEVER thought I would ever stop biting my nails. But I did. It truly is amazing. One of the biggest achievements of my life and only a chronic nail biter would relate to the pain and suffering involved when one tries to stop such a habit.

************************
The drugs will keep us alive.
But don’t forget they only work if we take them.

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