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Friday, January 18, 2008

Pre-emptive Strikes

The Plight of Some Filipino Nurses
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Filipino Nurses Face Criminal Charges
-For months, the nurses complained that they were subject to demeaning and unfair working conditions - not what they were promised when they came to America from the Philippines in search of a...



ISSUE: Does abrupt resignation warrant criminal charges?

COMMENT: The stages of most crime are either (a). Attempted; (b). Frustrated; and (c). Consummated. Meaning, not all necessarily go through that stage. They all contain the element of 'intent'. It is alleged that the patients who were under intensive care were exposed to some kind of danger. Does the exposure therefore constitute a crime that is specifically prohibited by law?

Where there any injuries involved or suffered due to a conscious and willful act?
Did it result in damage, loss, or injury?

An airline flight will always involve a certain degree of risk. It however does not stop us from traveling. Neither is exposure to that risk without a proven loss, damage, or injury demandable nor enforceable.

There is a need for a comprehensive and uniform provision regarding contracts of employment considering that a prior condition of unfairness or breach of contract were declared by the affected workers.

The contract being the root cause of a preceding conscious act.

There could possibly be some issues to be dealt with on an ethical, professional, or administrative level. The venue of which could be the Board of Examiners for certain professions. Comparable to the Supreme Court's overall disciplinary supervision and jurisdiction on all lawyers.

Definitely not on a criminal level.
Sometimes, if not most of the time, politics has it's way of corrupting systems in order to suit the interests of a favored class.

OTHER MATTERS:

Political Appointments to Sensitive Posts: On matters of appointments to Affairs of the State, it is a totally different thing. There is a need for an ACCEPTANCE from the APPOINTING POWER. Even if it is an Irrevocable Resignation. It is never final until accepted or approved.



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