Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Bob Dylan probed for racism


Bob Dylan is being probed in relation to alleged racist comments after a community organisation raised a lawsuit against him.

The CRICCF, which looks after the interests of Croatians living in France, have named Dylan in their legal action alongside the French edition of Rolling Stone.

They say quotes attributed to him, which were published in September 2012, amount to incitement of racial hatred and break national laws – and as a result he’s been placed under judicial investigation.

In the interview Dylan is quoted as making a reference to the war of independence fought between Croatian and Serb forces in the 1990s: “If you got a slave master of [Ku Klux] Klan in your blood, blacks can sense that. That stuff lingers to this day. Just like Jews can sense Nazi blood and the Serbs can sense Croatian blood.”

The CRICCF raised the complaint last November, objecting to the comparison between the KKK, Nazis and Croatians. A spokesman said: “We have nothing against Rolling Stone or Bob Dylan – but you cannot equate Croatian [war] criminals with all Croats.”

French authorities have now placed the singer-songwriter under judicial investigation. But the CRICCF say all they want is an apology.

Dylan was awarded the Legion d’Honneur in Paris last month.

source: classicrockmagazine.com

Getting the best care for your parents


If your parents are getting older, it’s important you understand as much as possible about their options, especially with new government age-care reforms just around the corner.

Your parents may have reached the stage where they need more help, and are counting on you to step in to help them make major life decisions, including financial ones. Even if this hasn’t happened yet, it’s important to be prepared. And this starts with being informed.

It’s no secret that Australians are living longer, and that our population is getting older as time goes on*. While in 2007, 14.5 million Australians were aged under 50 years — in just 50 years, 8.7 million of these people are likely to be aged between 50 to 99**.

Over the years, the Australian government has introduced measures to help meet the needs of our aging population, including compulsory superannuation for employees, and relaxing the laws on the retirement age. More recently, the Gillard government introduced a string of reforms that will affect the way we pay for aged care, most of which will come into force in 2014.

So here’s a rundown on some of the new government aged care reforms, and what to think about if your parents are considering moving into a retirement home.

Bonds and daily care fees

If your parents decide to move into an aged care facility, they’ll usually need to pay an accommodation bond. These can be quite substantial, with many people selling the family home to fund this expense.

In addition, your parents will need to pay a daily care fee, set by the aged care facility.

Currently, they may have the option to pay a larger bond upfront, often the full value they receive from the sale of their home, in return for lower daily care fees. By doing this, they can effectively reduce their means-tested assets, and may become eligible for a higher age pension.

What’s changing?

From 2014, this is set to change, with new laws capping accommodation bonds at $500,000.

This will push the cost of daily care fees higher. However, the new laws also set an annual cap of $25,000 and a lifetime cap of $60,000 for those living in residential care and nursing homes.

For people being cared for at home, there will be a cap of $5,000 each year for pensioners, and up to $10,000 for seniors with an income over $43,000.

How these changes may affect your parents

Under the new laws, if your parents decide to keep the family house, it will be exempt from means testing for the age pension.

However, if they choose to sell it to cover the cost of their accommodation bond and to pay for their daily care, they will no longer be able to protect some of the money from means-testing by paying a larger bond, as they can under the current laws.

Instead, any money remaining from the sales of the house will be assessed. This could have an impact when working out their aged-care contribution, daily fees and age pension entitlement.

How to help your parents

None of us looks forward to the day when our parents are no longer able to take care of themselves. But the time may come sooner than you think. That’s why it makes sense to talk to your parents now and find out what they want to do if they need more care in the future.

It’s also a good idea to find out more about what options they have. A good place to start is at agedcareaustralia.gov.au. The Aged Care Assessment Team (ACAT, known as ACAS in Victoria) can also explain what help is available to your parents, and what they need to do to access it.

You should also make sure they understand about the aged care law reforms and what it could mean for them. In some cases, your parents may decide it’s better for them act now before the laws change.

But if they don’t, it’s essential that they know how it could affect their retirement savings and their entitlement to the age pension. And as everyone’s situation is different, from the level of assets they have to the retirement home they choose — it’s important to seek professional financial advice.



This article is proudly brought to you by Colonial First State. Wherever you stand on investments and super, Colonial First State has options for you. To find out how Colonial First State can help you visit wealthgeneration.com.au, read this article or via the icons below.

source: bigpondmoney.com.au

MMDA sues Carabuena for assaulting traffic enforcer

MANILA, Philippines - The Metropolitan Manila Development Authority (MMDA) on Wednesday filed a criminal complaint against a Philip Morris executive who beat up a traffic enforcer in Quezon City last Saturday.

MMDA Chairman Francis Tolentino said he has directed the agency’s Legal Service to file direct assault charges against Robert Blair Carabuena, Philip Morris recruitment officer, on behalf of Traffic Constable Saturnino Fabros.

The criminal complaint was filed before the Office of the City Prosecutor in Quezon City, Tolentino said.

“We cannot allow this aggression and shameless attack against our men who are only doing their job as best as they can, regardless of the risks they face in the streets every day,” Tolentino said.

Tolentino added that as the assault on Fabros is also an attack against the MMDA, he demanded that Carabuena issue a public apology.

“We at the MMDA condemn to the highest degree the physical assault perpetrated by an abusive and violent motorist on our hapless traffic enforcer who was just enforcing traffic laws,” he said.

“This, I believe, is the last thing the MMDA can afford. It defames the person of Mr. Saturnino Fabros, the undersigned as chief executive of the office, as well as the MMDA’s,” Tolentino added.

According to Tolentino, Fabros was just doing his job dutifully as a traffic enforcer.

“The actions of Mr. Robert Blair Carabuena showed total disregard for a person of authority and a blatant disrespect for the law,” Tolentino said.

“A public apology is demanded from Mr. Carabuena, not only for Mr. Fabros, but for the entire Authority, which he unjustly and intentionally offended,” Tolentino said.

Tolentino said all support will be given by the agency to Fabros “in his search for justice in the proper court.”

“I urge the MMDA community to continue the good work that we have shown for the past years, and because of your support and cooperation, we have served the public and achieved our mission with sincerity, and integrity. Keep in mind that this incident should not have happened in the first place. Nonetheless, I trust that this unfortunate spectacle shall become an example for all motorists on how to behave and conduct themselves,” Tolentino said in a statement.

Carabuena was caught on video slapping Fabros several times over a traffic violation. Fabros said he had tried to apprehend Carabuena after he ignored the stop signal at the corner of Capitol Drive and Tandang Sora Avenue in Quezon City.

Meanwhile, Tolentino said he will also ask the Land Transportation Office (LTO) to cancel Carabuena’s driver’s license as “abusive and arrogant motorists like him, who obviously do not have serious regard to the rule of law, have no right to be in the road in the first place.”

Under the Revised Penal Code, direct assault is charged to any person who shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties. Direct assault is punishable by a prison term of six months to six years.

source: philstar.com

ABORTION LAW

MADRID (AP) – Hundreds of Spaniards protested Sunday against the conservative government's proposal to roll back women's abortion rights, including in cases where the fetus is deformed. The protesters in Madrid included one young woman who wrote the slogan ``Judges and priests away from my body'' on her belly. Justice Minister Alberto Ruiz Gallardon has said he will ask Parliament to change the existing law, including implementing a requirement for parental permission in cases where 16- and 17-year-olds want to end pregnancies.

source: mb.com.ph

Senate convicts Corona 20-3

MANILA, Philippines -- The Senate sitting as impeachment court made history on Tuesday, May 29, 2012, convicting Chief Justice Renato Corona for betrayal of public trust by failing to fully declare his wealth in his statement of assets, liabilities and net worth.

Twenty senators, including Senate President Juan Ponce Enrile, found Corona guilty, making him the first Chief Justice to be removed from office.

His trial is also the first impeachment process to reach completion.

The senators who voted to convict him were: Edgardo Angara, Alan Peter Cayetano, Pia Cayetano, Franklin Drilon, Francis Escudero, Teofisto Guingona III, Gregorio Honasan, Panfilo Lacson, Manuel Lapid, Loren Legarda, Sergio Osmena III, Francis Pangilinan, Aquilino Pimentel III, Ralph Recto, Ramon Revilla Jr., Vicente Sotto III, Antonio Trillanes IV, Manuel Villar and Enrile.

Only Senators Joker Arroyo, Miriam Defensor-Santiago and Ferdinand Marcos Jr. voted to acquit him.

Corona was impeached on December 11 last year by 188 members of the House of Representatives, sending his case to the Senate for trial.

His conviction capped a 44-day trial that stretched over almost five months from when it began on January 19.

Corona was convicted on the second of eight articles of impeachment.

Of the original eight, he was tried only on Articles of Impeachment 2 (failure to disclose his statement of assets, liabilities and net worth), 3 (his alleged lack of competence, integrity, probity and independence as required by the Constitution), and 7 (his alleged partiality in the granting of a temporary restraining order against the inclusion of former President Gloria Macapagal-Arroyo and her husband on the government travel watch list, with the intent of allowing her to escape prosecution for various cases filed against her).

Corona only needs to be convicted on one of the articles of impeachment by a vote of 16, or two-thirds of the senator-judges.

Taking the witness stand, Corona himself admitted that he did not disclose some $2.4 million and P80 million from his dollar and peso accounts, respectively.

Corona cited the Foreign Currency Deposit Act for his non-disclosure of the dollar accounts and said the P80 million consisted of commingled funds, including money of his children.

Corona's lawyers earlier stressed the chief magistrate should not be faulted for his interpretation of the law.

"The Chief Justice cannot be made answerable for his interpretation of the law prior to a Supreme Court ruling or legislative amendment declaring his interpretation as erroneous," Eduardo de los Angeles said during Monday's closing arguments.

Corona's lawyers also said the Chief Justice's non-disclosure does not amount to an impeachable offense, particularly betrayal of public trust.

Bayan Muna party-list Representative Neri Colmenares, one of the prosecutors, said it was time for the chief magistrate to go.

“His assets of at least 200 million pesos is nearly eight times his admitted income of P31 million so he is presumed to have intentionally hidden his assets on the lame excuse of confidentiality and that's not good faith. Hindi tayo dapat magkaroon ng Chief Justice na mahilig sa palusot (We cannot have a Chief Justice fond of excuses),” he said.

His fellow Bayan Muna representative, Teddy Casino, said the conviction should send the following message to all public officials:

- that they should properly accomplish and disclose their SALN to the public;

- that dollar accounts should be included in the SALN, and that any discrepancy will be considered a violation of the law; and,

- that the Ombudsman may investigate complaints based on the automatic waiver already in the SALN, and government officials should at the same time issue an unconditional waiver on their dollar accounts.

“It should not be business as usual after conviction. The same standards of transparency and accountability imposed on Corona should now apply to all public officials,” Casino said.

source: interaksyon.com