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Mark Berkowitz

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About Mark Berkowitz

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    Luzon

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  1. Foreigners fight over Filipina

    The only problem with a murder charge is that the victim is still alive... at least he was still alive when the incident was first reported. http://www.sunstar.com.ph/cebu/local-news/2017/08/07/foreigners-fight-over-filipina-fit-jealousy-557112
  2. Foreigners fight over Filipina

    Thanks Steve. It pays to use the preview feature, since I was able to see that there was a prohibited word, so I hacked it in order to provide a nationality.
  3. Foreigners fight over Filipina

    Attempted or frustrated murder? By The Manila Times on August 22, 2013 One evening, a man stepped out of his home and was shot by the accused. As his two daughters rushed to his aid, the accused shot one of the girls in the abdomen. The man and his daughter were rushed to the hospital. The man fully recovered after the treatment of his gunshot wound on his right forearm. His daughter however was proclaimed dead on arrival at the hospital. The accused was charged with murder and frustrated murder, both with the use of an unlicensed firearm. In his defense, the accused claimed that the shooting incident occurred because he had acted in self-defense. He alleged that the man, who was then armed with a gun, challenged him to a fight. The man attempted to shoot him but the shotgun jammed. The accused then tried to wrestle the gun away but during the struggle, the shotgun fired. The accused claimed he did not know if anyone was shot. Both the Regional Trial Court and the Court of Appeals convicted the accused of murder and frustrated murder. On appeal, the Supreme Court upheld the conviction of murder but found the accused guilty not of frustrated murder, but attempted murder. Under Article 6 of the Revised Penal Code, the stages in the commission of felonies or crimes are as follows: Consummated felonies as well as those which are frustrated and attempted are punishable. A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. In a frustrated felony, the offender has performed all the acts of execution, which should have produced the felony as a consequence, but did not for some reason independent of the offender’s will. In an attempted felony, the offender merely begins the commission of the crime by some overt acts but does not perform all acts of execution due to some cause or accident other than the offender’s own spontaneous desistance. In classifying the crime as attempted murder rather than frustrated murder, the High Court held: In frustrated murder, there must be evidence showing that the wound would have been fatal were it not for timely medical interventions. If the evidence fails to convince the court that the wound sustained would have caused the victim’s death without timely medical attention, the accused should be convicted of attempted murder and not frustrated murder. In the instant case, it does not appear that the wound sustained by [the man]was mortal (People of the Philippines v. Labiaga, G.R. No. 202867, 15 July 2013, J. Carpio). http://www.manilatimes.net/attempted-or-frustrated-murder/32274/
  4. A herb plant collection in the tropics

    Nicely done Queenie!
  5. Foreigners fight over Filipina

    from Ireland Usually, frustrated murder is judged by the severity of the wound. If the victim’s injury was serious enough to inflict death if not for timely medical intervention, then it can be deemed frustrated murder.
  6. Stock Out!

    I’m not an economist but I’ve made the following observations: Back home, the supply usually outpaces the demand. In the Philippines, demand usually outpaces the supply. Back home, when the supply is typically greater than the demand, the prices go down. In the Philippines, when the demand is typically greater than the supply, the prices usually stay high.
  7. Urban Legends of the Philippines

    Gary, these sound more like they are myths as opposed to being legends. Legend vs. Myth A legend is presumed to have some basis in historical fact and tends to mention real people or events. Historical fact morphs into a legend when the truth has been exaggerated to the point that real people or events have taken on a romanticized, "larger than life" quality. In contrast, a myth is a type of symbolic storytelling that was never based on fact. Throughout time, myths have sought to explain difficult concepts (e.g., the origin of the universe) with the help of common story devices, such as personification and allegories. http://www.diffen.com/difference/Legend_vs_Myth
  8. Urban Legends of the Philippines

  9. Urban Legends of the Philippines

    Urban Legends of the Philippines Definition of urban legend 1. : an often lurid story or anecdote that is based on hearsay and widely circulated as true the urban legend of alligators living in the sewers —called also urban myth Urban Legend No.1: Is Grace Poe a Marcos? Rumor has been going around since the 1960s that Poe is an illegitimate daughter of Marcos’ father, the late strongman Ferdinand Marcos, with former movie actress Rosemarie Sonora, sister of Poe’s adoptive mother, movie actress Susan Roces. Poe was abandoned in a church in Jaro, Iloilo province, after birth. She was adopted by movie actor Fernando Poe Jr. and his wife, Roces, in 1973. It might as well be asked since we're talking about Senator Grace Poe's past as a foundling. Who knows if the age-old rumor whispered in political corridors that she's the daughter of the late president Ferdinand Marcos and former Sampaguita Pictures actress Rosemarie Sonora (sister of Poe's mother Susan Roces) could dismiss doubts about her Filipino citizenship. Poe, as widely known, was a foundling in Iloilo. She was later adopted by actors Fernando Poe Jr and Susan Roces, both showbiz celebrities. But the loose talk about Marcos and Rosemarie Sonora persisted. And decades later, the story still makes for a great joke between Poe herself and Marcos' only son and namesake, fellow Senator Ferdinand "Bongbong" Marcos Jr. But just to be sure, is she willing to take a DNA test? "I’d rather not and I just hope that the people will accept the truth that I am stating," she said. This story will likely go around for a little while longer. Legend No. 2: Vaginismus or Penis Captivus? ABS-CBN News Posted at Sep 13 2010 01:12 PM | Updated as of Sep 14 2010 08:17 PM MANILA, Philippines – Rumor saying that local celebrity couple--John Lloyd Cruz and Shaina Magdayao--was rushed to a hospital after suffering from what is called penis captivus has been denied by Star Magic. Simply put, the so-called condition refers to an instance when a woman's muscles in the vagina clamp down on a man's penis so firmly that they lock inseparably in sexual intercourse. Penis captivus is said to be common among animals (such as dogs), but not humans. The so-called condition may have a "largely hearsay" existence in medical history but is "not entirely mythical," a study by the British Medical Journal (BMJ) showed. "Such a reaction cannot be dismissed offhand as impossible. It is theoretically quite possible. Yet it does not seem to have occurred in the past 100 years or so," BMJ said in the study, which was released in 1979. http://www.rappler.com/newsbreak/inside-track/95168-grace-poe-illegitimate-child-marcos
  10. Do we think the same

    Do we think the same Short Answer: Of course not! Long Answer: It is known that people do, in fact, think differently. Many psychological tests measure "cognitive styles" (such as convergent, divergent, assimilating), preferences (such as Myers-Briggs or the NEO PI-R) or personality clusters (such as the Enneagram).
  11. Finding a Sense of Purpose in the Philippines

    My sense of purpose in the Philippines has been defined by learning about its culture and languages… but I don’t really see it as a purpose as such… it’s more of an adaption to what has become the new ‘normal’ for me. Overall, I’m much happier over here than I was back in the US… but there are times when miss certain foods, such as over-stuffed sandwiches that are made on French/Italian breads with names that include: hoagies, subs, hero’s, grinders, po-boys and Philly Steak sandwiches.
  12. safe way to carry funds

    Dave, I was speaking about possible problems with people who carry knives or guns. That's why I feel safer when I use the ATM's that are inside of the bank.
  13. safe way to carry funds

    The BDO branches near me have ATM's in both locations (i.e., inside and outside of the bank). Personally, I feel much safer whenever I use the inside ATM's during business hours... but when I'm in a pinch, I use the outside ATM's.
  14. Boondocks: How did a Tagalog word enter the English Language?

    There's some very good reasons for that. http://www.filipiknow.net/philippine-american-history/
  15. Boondocks: How did a Tagalog word enter the English Language?

    Well, it seems that I’ve overlooked at least one other example of Boondock(s)… are there any others? I may be going off-topic by saying this… but I never learned about the Philippine-American War in the US. The public schools over there ignored that war (as well as the ‘Mexican-American War’ too). I’m almost ashamed to say that this but I wasn’t aware of the Philippine-American War until I watched the film, ‘Heneral Luna,’ over here in the Philippines. P.S. I was also unaware of General Arthur MacArthur Jr. (the Father of General Douglas MacArthur) and how he took part in the Philippine-American War until I watched ‘Heneral Luna.’ Thank God for the Philippine film industry!!!
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