Nonito Donaire vs Vic Darchinyan II: Donaire escapes via 9th round TKO ( but will need a ton of a heart to beat Rigondeaux in a rematch)

Down by 4 points on two of the three judge’s scoresheets with only  two rounds remaining in a 10 round-non-title fight; implored by his cornermen to throw more punches,the 30 year old  Nonito “The Filipino Flash” Donaire,   finally  connected with his vaunted left-hook midway into the 9^th round sending Vic ”The Raging Bull” Darchinyan down hard on the mat. The Armenian-born Australian former multi-division titlist, was able to beat the count but was in wobbly legs.  A series of powerful punches by “The Filipino Flash” had the badly-hurt  “Raging Bull” staggering at a corner where he was at the receiving end of  more serious battering  before  the referee wisely  called a halt to the fight. 

I had the fight even going into the fateful  9th round but I do not question the 2  judges who had Darchinyan ahead by 4 points after eight rounds. The fight was close; a technical and tactical fight with the more aggressive Aussie seems to be connecting with the more telling blows especially near the end of the 5^th round when he clearly hurt Donaire,  sending him in trouble at the ropes; fortunately for Donaire the round ended before the power-punching Darchinyan could inflict more damage. 

Coming after a one-sided  unanimous decision  lost to Cuban master-boxer Guillermo Rigondeaux last April, where   the previous year’s Boxing Writer Association Of America (BWAA) boxer of the year awardee was sent crashing  back to the ground by way of  a neat boxing clinic, I was intent in observing  how Donaire would fight against a 37 year old  opponent though he already TKOed  seven years before( whereby,  jumpstarting his pound-for-pound career),  is still   formidable  and is still  a very dangerous challenge. (Especially with vengeance in Darchinyan’s mind.)

Photos (from boxingscene.com) 

Donaire stated in the press releases before the fight  that he will look for a knockout,but after the Rigondeux setback, I was expecting him to showcase more of his boxing skills— using his height and  reach advantages by constantly jabbing, using combinations,  utilizing his quickness and  movements, especially side to side; and to demonstrate an improved defense.

But alas, what I saw was the same Nonito Donaire who showed up against Rigondeux. He doesn’t seem to be well-motivated. He was (again)  overly cautious, was not busy enough,  was getting tagged often, and was  out boxed in some of the exchanges  by an opponent who is not a slick boxer but  more  of an awkward slugger.

During the post-fight interview, Donaire gave  a glimpse of  his inner psyche; something I have long suspected or thought of-- He doesn’t have   a big-heart or the tenacity needed to fulfill whatever potential he really has in boxing . After he got hit, he said,   “I felt like he broke my cheek. Is this it for me? Is this it for me? ” He was doubting himself and was already contemplating on losing;  although, he concluded, he is not a quitter and got the job done.

Just like in the Rigondeux fight,  he became  overly cautious and  hesitant , was thrown-off his rhythm, and lapsed  into periods of  seemingly ‘carefree’  inactivity (  this despite the egging of his cornermen to do more) after he got tagged or  hurt in the early exchanges.  More than looking for a one-punch KO,  his inactivity is really about taking less chances or a lack of  confidence to fully engage an opponent who can fire back;  because he is more concerned  of not getting hurt or hit-- rather than effecting  his  game plane. This  allowed  Darchinyan to dictate the tempo of  fight.

I saw this tendency of  Donaire to slack early in   2009 against Panamanian Rafael Concepcion who although he beat in a competitive decision, gave him a lot of unexpected  troubles. Faced against a slick boxer like 2- time Olympic gold medalist Guillermo Rigondeux, Donaire was lost. He got tagged early in that fight and instead of banging both his gloves ( ala Pacquiao), he retreated; under the pretense of looking for a one punch KO. The truth (may be)is , he is  aware  that he’s  staring at someone he knows will out box  him or beat him to the punch; but rather than  showing tenacity (a hallmark of a great boxer), he folded-up instead. The 10^th round flash knockdown he scored was the  saving grace but even that is negligible as he was out boxed again after; and in  the 12^th round he was in survival mode from the supposedly light-punching Cuban.  

After the fight with Darchinyan, he stated that he wants a rematch with Rigondeux. I doubt it if he really means it. This may be  just for bravado; needed to enhance more his credibility and marketability.

But assuming he is sincere and the fight happens sooner, can he beat Rigondeux? Of course he can. With a killer-left  he possesses, there is always the possibility he can hurt and knockout Rigondeux. But if I am going to   make a bet, the probability of him   beating Rigondeux will be slim. There is no question that Donaire has the size and the power; however,  there is no question either that Rigondeux has the overwhelming advantage in skills and natural physical  attributes . 

No matter how hard he trains,  Donaire  can never out box Rigondeux; and he doesn't have the 'hit and not be hit' skills of a Rigondeaux either. The only way he can beat Rigondeux is to impose his will (and his strength), hurt him early on,  sending  him retreating defensively through most of the fight by applying  constant pressure;  or  to knock him out.  To be able to do this, he will  need a lot of courage to fight through adversity; he should take more  chances and  be prepared both  physically and mentally to eat more leather in doing so. Sure , this is a tall order as Donaire is a counter-puncher, has difficulty leading a fight, and Rigondeux's level is way above all the other opponents he bamboozled before.

-- But win or lose, will he have (a ton of a)   the heart to do this?

Guilliermo Rigondeux

The saga of Freddie Aguilar's love story

It has been three weeks since the controversial relationship between the 60 year old singer/songwriter  music-icon  Freddie Aguilar and his 16 year old girlfriend went viral; this was generally, slammed by the netizens.

Is this a moral issue? Absolutely, yes. The girl is a 16 year old minor. As a father to two young daughters, I only have to imagine how I will  feel if I find out that Freddie Aguilar is having a relationship with my 16 year old daughter. I will definitely go ballistic and  shoot invectives; do everything I can,  to safeguard my  juvenile daughter.

But did I  join the bandwagon of bashing Freddie Aguilar in the net world? No, I did not and I will not.

First, this is not a new issue. We've seen  and probably have known someone in our neighborhood who is or was  in the same boat as Freddie Aguilar is now. We know the possible  reason/s why a 16 year old girl will 'fall' for a 60 year old man or vice versa--but  who am I to judge others when it comes to their affairs of the heart. As the popular sayings go, "age doesn't matter" and "love conquers all." They say they are in love and have the girl's parents blessing, so, let them be.

Second, in this case, I'm not   morally inclined  to aid the female minor nor condemn Freddie Aguilar because I am not the father nor a relative of the girl. I do not know them nor the actual circumstances of their relationship. It is the girl's parents who are morally responsible and obligated to look after the welfare of their  daughter. In addition, they may  have a different concept of morality as compared  to me and to the society.

Third,  I do  understand the concerned citizens who voiced out their indignation regarding this  affair  because they truly believe this  is a social issue. It's not just about this  affair they are up against but also the potential victims of  child abuse.  However, I don't see any abuse/s  being committed by Freddie Aguilar. It doesn't mean because the girl is a minor and their age difference  is 44 years,  makes it automatically  a case of 'abuse.' For all I know, the girl maybe precocious. It's even possible  that it is actually Freddie Aguilar that is being used...

But what is more important  is the legality or the legal issues involved. It's a diferent story if a relationship like this violate our laws and is therefore, ILLEGAL.

 Apparently, Freddie Aguilar  has been sued  for qualified seduction by a lawyer who claims to have been scandalized by his behavior or 'misbehavior.'

DSWD (Department of Social Welfare And Development) is currently investigating this case for possible violation of the law against child abuse. I read Freddie Aguilar is  liable under Article VI Section 10(b) of R.A. 7610

 If there's anything I can gain from this is,  at  least I've become aware of  certain legal issues and terms such as:  a minor, age of consent,  statutory rape, qualified seduction and child abuse.

***

For a better undestanding of this issue, I took  down these notes:

What is a minor (in the Philippines)?

Persons below eighteen years of age. 

Age of Consent

The age at which a person is considered legally competent to consent to sexual intercourse or the age at which a person can enter into a legally binding contract (the free dictionary)

Age of consent in the Philippines is 18.

Marrying age in the Philippines according to the Family Code is eighteen years (age of consent) or upwards.

"The age of consent, a term which rarely actually appears in legal statutes,^[1]is the minimum age of a person with whom another person is permitted to engage in certain sexual activities, though it sometimes is defined as the age at which a person is considered to be legally competent to consent to sexual acts." ( from Wikipedia)


Here in the Philippines the age of sexual consent is 12 .


The age of sexual consent is 12 , but sex with a minor (under 18) is  a crime, if the minor consents to the act for money, gain or any other remuneration or as the result of an influence of any adult person.

What is a Statutory Rape? 

"A statutory rape is commited by a man who shall have carnal knowledge(sexual intercourse) with a woman who is younger than the statutory age of consent. In the Philippines, under twelve years old is consedered below the age required to legally consent to the behavior as provided by Article 266-A of the Revised Penal Code( as ammended by R.A.No. 8353)". (from lawreal.blogspot.com)

In short, any form of sex   with  a girl  under 12 years old ( even with consent or without the use force, threat, intimidation or grave abuse of authority or any other circumstances) is automatically a crime of rape.

Simple Seduction

Art. 338. Simple seduction. — The seduction of a woman who is single or a widow of good reputation, over twelve but under eighteen years of age, committed by means of  deceit, shall be punished by arresto mayor.

  What is a Qualified Seduction?

Revised Penal Code Article 337 - The seduction of a virgin over twelve years and under eighteen years of age, committed by any person in public authority, priest, home-servant, domestic, guardian, teacher, or any person who, in any capacity, shall be entrusted with the education or custody of the woman seduced, shall be punished by prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon any person who shall seduce his sister or descendant, whether or not she be a virgin or over eighteen years of age.

Under the provisions of this Chapter, seduction is committed when the offender has carnal knowledge of any of the persons and under the circumstances described herein.


"MANILA, Philippines - A lawyer reportedly filed a qualified seduction complaint against famed folk singer Freddie Aguilar for having a 16-year-old girlfriend, a relationship that has courted controversy the past weeks.

The case was filed before the Quezon City Prosecutor's Office on Thursday over Aguilar's purported violation of Article 337 of the Revised Penal Code. Aguilar is 60 years old.

According to the code, the elements of qualified seduction are the following:

1. The offended party is a virgin;

2. She must be over 12 and under 18 years of age;

3. The offender has sexual intercourse with her;

4. The offender is a person in public authority, priest, house servant, domestic, guardian, teacher, and one entrusted with the education or custody of the offended party, or a brother or ascendant of the latter."-- Philippine Star

The lawyer who filed the case said, Freddie Aguilar,  "is a person in public authority" by virtue of him being popular or an influencial person.

Two things that must be proven in this case: they have sexual intercourse and the girl was a virgin the first time they had sexual intercouse. From the looks of it, I think this case is headed for the garbage bin.  



Child Abuse under Republic Act 7610 Article VI  Section10(b) 

  Republic Act No. 7610             

AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES

ARTICLE VI
Other Acts of Abuse

Section 10. Other Acts of Neglect, Abuse, Cruelty or Exploitation and Other Conditions Prejudicial to the Child's Development. –

(b) Any person who shall keep or have in his company a minor, twelve (12) years or under or who in ten (10) years or more his junior in any public or private place, hotel, motel, beer joint, discotheque, cabaret, pension house, sauna or massage parlor, beach and/or other tourist resort or similar places shall suffer the penalty of prision mayor in its maximum period and a fine of not less than Fifty thousand pesos (P50,000): Provided, That this provision shall not apply to any person who is related within the fourth degree of consanguinity or affinity or any bond recognized by law, local custom and tradition or acts in the performance of a social, moral or legal duty.



Even if I am not a lawyer, it is clear from the provisions above  that the relationship of Freddie Aguilar and his 16 year old girlfriend is illegal. Unless, it can be proven that the whole time they're together, they are in the company of relatives or friends; this is of course highly unlikely. It is good that our lawmakers made such provisions to protect a minor's interest. 

Child abuse may still be filed againts Freddie Aguilar whether or not he is having  a sexual relationship with the 16 year old minor under Section 10 of the R.A. 7610.

From what I've read in the news( Rappler.com), according to a staff of  DSWD,  "there have already similar cases such as this" and, "either the adult was charged in court or both parties agreed to part ways until the child matures."