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Probe ordered on fireman’s ‘promotion for sale’ scam
Interior and Local Government Secretary Benhur Abalos on Thursday ordered a thorough and deeper probe on a fireman who was accused of being involved in a “lateral promotion for sale” scam at the Bureau of Fire Protection (BFP). The suspect, Fire Officer 1 Ramces Paul Benipayo of the Muntinlupa Fire Station, was collared by undercover operatives on Wednesday, 25 October, in an entrapment operation shortly after receiving P200,000 from his alleged victim. Policemen arrested Benipayo after accepting P200,000 in marked money from his classmate, a BFP firefighter from Western Visayas, whom he promised to assist in getting a promotion within the bureau in exchange for money. Benipayo’s modus is to convince his would-be victims to give him money in exchange for non-existent promotion which will allegedly be facilitated by his “contacts” in the BFP, which of course would never materialize. “I have been briefed on the case of FO1 Benipayo and I could say that what he did was unacceptable,” said Abalos. The BFP together with the Philippine National Police is an attached agency of the DILG. This, as Abalos also ordered a thorough probe on the case and background of Benipayo to determine if he has cohorts at the BFP who could be working with him. Abalos’ order came after BFP intelligence and investigation division director Chief Supt. Gilbert Dolot reported that three more complainants came forward and accused the suspect of also duping them using the same modus operandi. “We will not tolerate this kind of illegal activity. That’s why I’ve already ordered the PNP to work closely with the BFP to get to the bottom of this issue and prosecute everyone involved,” Abalos pointed out. “Walang puwang sa gobyerno natin at sa DILG or sa BFP for that matter ang mga katulad niya,” he continued. Benipayo had undergone inquest proceedings before the Muntinlupa Prosecutor’s Office and was slapped with complaints for violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and estafa in relation to RA 10175, also known as the cybercrime prevention law. He is currently detained at the CIDG detention facility. The head of the CIDG’s anti-organized crime unit, Col. Reynaldo Lizardo, said Benipayo initially told them his cohort is with the BFP. . The post Probe ordered on fireman’s ‘promotion for sale’ scam appeared first on Daily Tribune......»»
Meta quarterly profit jumps but it sees volatility in ad market
Meta on Wednesday reported that its quarterly profit more than doubled from last year's figure as it looks ahead at a volatile ad market and lawsuits accusing it of profiting from "children's pain." "Meta earnings looked pretty good," said independent tech analyst Rob Enderle. "They have clearly cut back on the bleeding surrounding their metaverse efforts and the company appears to be on a more even keel right now." The tech giant said it made a profit of $11.6 billion as ad revenue climbed 23 percent to $34 billion when compared to the same period a year earlier. "We had a good quarter for our community and business," said Meta chief executive Mark Zuckerberg. The number of people using Facebook monthly rose slightly to 3.05 billion in a year-over-year comparison while monthly active users of Meta's "family" of apps was 3.96 billion a 7 percent increase from the same quarter in 2022, the company reported. Meta said it had trimmed costs, with layoffs and other belt-tightening measures started last year providing "greater efficiency." Meta had suffered a rough 2022 amid a souring economic climate and Apple's data privacy changes, which allowed users to block ad targeting, the pillar of Meta's business. Meta's vow of austerity on spending brought an unprecedented round of cost-cutting that saw the company lay off tens of thousands of workers since last November. Meta shares, which closed the formal trading day down, fell more than three percent further in after-hours trades to $289.50. Chief financial officer Susan Li said during an earnings call that Meta is seeing "volatility" in an ad market that started to soften when the conflict between Israel and Hamas began. "It's hard for us to attribute demand softness directly to any specific geopolitical event," Li said. "We have seen broader demand softness follow other regional conflicts in the past, such as in the Ukraine war, so this is something that we're continuing to monitor." Lawsuit peril Analyst Enderle maintained that Meta is at risk from lawsuits poised to damage its image and its wallet. Dozens of US states this week accused Meta of profiting "from children's pain," damaging their mental health and misleading people about the safety of its platforms. "In seeking to maximize its financial gains, Meta has repeatedly misled the public about the substantial dangers of its Social Media Platforms," argued a joint lawsuit filed in federal court in California. The states accused Meta of exploiting young users by creating a business model designed to maximize time they spend on the platform despite harm to their health. In total more than 40 states are suing Meta, though some opted to file in local courts rather than join in the federal case. Meta said the states were singling it out unfairly instead of working with social media companies to develop universal standards for the whole industry. "This landmark lawsuit could herald a seismic shift in how social media platforms approach product features and user engagement," said Insider Intelligence principal analyst Jeremy Goldman. "That said, even as tech stocks face uncertainty, Meta's consistent performance cements its leadership in the digital realm." Meanwhile, the European Union is seeking details on measures Meta has taken to stop the spread of "illegal content and disinformation" in light of the conflict between Israel and Hamas. The AI race The tech giant is putting artificial intelligence into digital assistants and smart glasses as it seeks to gain lost ground in the AI race. "I'm proud of the work our teams have done to advance AI and mixed reality with the launch of Quest 3, Ray-Ban Meta smart glasses, and our AI studio," Zuckerberg said in the earnings release. The second-generation Meta Ray-Ban smart glasses made in a partnership with EssilorLuxottica have a starting price of $299. "Smart glasses are the ideal form factor for you to let AI assistants see what you're seeing and hear what you're hearing," Zuckerberg said. Meta has taken a more cautious approach than its rivals Microsoft, OpenAI, and Google to push out AI products, prioritizing small steps and making its in-house models available to developers and researchers. "The majority of the world's population will have their first experience of generative artificial intelligence with us," Meta chief technology officer Andrew "Boz" Bosworth told AFP in a recent interview. Meta recently unveiled AI-infused chatbots with personalities, along with tools for creating images or written content using spoken prompts. The post Meta quarterly profit jumps but it sees volatility in ad market appeared first on Daily Tribune......»»
Paolo Duterte comes to father’s defense, insists Rody never retaliated vs critics
In a new statement on Thursday, Paolo Duterte accused Castro of “sensationalizing” the issue and argued that his father never filed a case against his critics......»»
Propaganda war
There is a second battlefield that those involved in unavoidable conflicts should consider if they are to win the war. Experts love to call it the propaganda war, one that is fought not on the field, but in the hearts and minds of the international community, which is just as intense and vital as the physical war. In the ongoing Israel-Hamas conflict and the tension between China and the Philippines in the West Philippine Sea, propaganda plays a pivotal role in shaping international perception, gaining domestic support, and influencing the narrative of these disputes. The Israel-Hamas conflict is one of human history’s most enduring and deeply entrenched disputes. Both parties employ propaganda to advance their respective narratives and garner support from both domestic and international audiences. Israel and Hamas turn to propaganda to shape the narrative of the conflict. Israel emphasizes its right to self-defense, portraying Hamas as a terrorist organization that fires rockets indiscriminately at Israeli civilians. On the other hand, Hamas portrays itself as a resistance movement fighting against Israeli oppression, garnering support from various sympathizers. Media manipulation is a crucial aspect of the propaganda war in this conflict. Both sides use social media, videos, and press releases to share their version of events. The viral nature of social media allows these messages to spread quickly and influence public opinion worldwide. Both Israel and Hamas leverage propaganda to portray themselves as victims. Israel highlights the trauma and suffering of its civilians subjected to rocket attacks, while Hamas emphasizes the civilian casualties in Gaza caused by Israeli military operations. The propaganda war in the Israel-Hamas conflict deepens divisions between both sides and makes a peaceful resolution even more challenging. It also has broader implications for regional and international relations, as support for one party over the other can be influenced by the effectiveness of their propaganda efforts. The tension between China and the Philippines in the West Philippine Sea, on the other hand, is characterized by competing territorial claims and power disparities, making propaganda an important tool in the conflict. China has utilized propaganda to assert its territorial claims in the South China Sea, including the West Philippine Sea. The “nine-dash line” map and historical claims are frequently promoted, often without international legal basis. Propaganda is also employed to discredit the Philippines and other claimants. China has accused the Philippines of aggression and portrayed itself as a guardian of regional peace, which may appeal to domestic audiences and some international allies. China’s naval and aerial displays in the South China Sea are often publicized to intimidate and demonstrate its military prowess. These actions are combined with nationalist rhetoric in domestic propaganda to showcase China’s strength and resolve. The use of propaganda in the China-Philippines tension exacerbates regional instability and hinders peaceful negotiations. It raises questions about how diplomacy can succeed in the face of intense nationalist propaganda within China and the resulting pressure on the Philippine government to protect its sovereignty. If you notice, China often resorts to the blame game in countering any protest from the Philippines whenever there are incidents of aggression in the disputed waters. In the case of the latest harassment of Philippine vessels on a resupply mission to Ayungin shoal, China blamed the Philippines for the collision. It immediately sent to the media its video of the incident. The intensity of the propaganda in these conflicts can hinder diplomatic efforts. It reinforces entrenched positions, making it difficult for parties to find common ground. As these conflicts persist, the role of propaganda in perpetuating hostilities and deepening divisions cannot be underestimated. Efforts to promote peace and resolution must be mindful of propaganda’s role in perpetuating these conflicts. The post Propaganda war appeared first on Daily Tribune......»»
Dozens U.S. states sue Meta
Dozens of American states on Tuesday accused Facebook and Instagram owner Meta of profiting “from children’s pain,” damaging their mental health and misleading people about the safety of its social media platforms. In total, more than 40 states are suing Meta, though some opted to file in local courts rather than join in the federal case. Meta has exploited young users by creating a business model designed to maximize time they spend on the platform despite harm to their health, the joint lawsuit filed in federal court in California claimed. “Kids and teenagers are suffering from record levels of poor mental health and social media companies like Meta are to blame,” New York Attorney General Letitia James in a statement announcing the suit. The suit urges the federal court to order Meta to stop manipulative tactics and pay hefty financial penalties along with restitution, according to James. Meta said it was “disappointed” by the suit and that the states were not working with the array of social media companies to create age-appropriate standards. Meta maintained that it has developed more than 30 tools in its apps to support teenage users, and made it easier for parents to “shape” online activity. The Silicon Valley tech firm contended it is disappointing that attorneys general have singled out Meta instead of seeking industry-wide solutions given the popularity of rivals including TikTok, YouTube and Snap. Social media can also be a place where young people struggling with other issues in their lives go to find support of community, Meta maintained. The post Dozens U.S. states sue Meta appeared first on Daily Tribune......»»
Myanmar nationals ask Philippines to probe alleged war crimes
Five Myanmar nationals asked the Philippines on Wednesday to investigate alleged war crimes committed by 10 serving or former members of Myanmar's military against the mainly Christian Chin minority. Filipino lawyers representing the Myanmar nationals told reporters they lodged the "landmark" criminal complaint against junta chief Min Aung Hlaing and nine others at the Department of Justice in Manila. They asked prosecutors to open an investigation into alleged war crimes under a Philippine law penalising "crimes against international humanitarian law, genocide, and other crimes against humanity". The five Myanmar nationals are from western Chin state, but now live in Australia, Britain, Canada and India. They were at the justice department in Manila. "This is a landmark suit because this is the very first time that such a case is being brought before the Philippines," Romel Bagares, one of the lawyers, told reporters. Justice Secretary Crispin Remulla said his department would "evaluate" the complaint, which he described as "very novel". "If this is sufficient in form and substance, that's the time when we will require the respondents to answer these complaints," Remulla told reporters. Among the accused is Chin Chief Minister Vung Suan Thang, who is a former military officer. The others are serving members of the military. The complaint alleged that members of Myanmar's military killed a pastor and two church elders in Thantlang town, Chin, in September 2021. It also accused the 10 of "intentionally" directing attacks on churches and the burning of hundreds of houses in the same town between August 2021 and June 2022. They also allegedly blocked relief supplies from reaching people in Chin state in the aftermath of Cyclone Mocha in May. 'Truly historic day' Philippine law allows for the prosecution of war crimes committed elsewhere. One of the stipulations of the law is that the accused must be present in the Philippines. According to Gilbert Andres, another Filipino lawyer representing the Myanmar nationals, if the Philippine justice department were to decide to mount a case against the 10 accused, it could issue subpoenas to Myanmar's Central Authority or go through diplomatic channels. The toppling of Aung San Suu Kyi's civilian government in a 2021 coup sparked a huge backlash and the military junta is now battling opponents across swaths of Myanmar. Some of the bloodiest fighting has been happening in Christian-majority areas, including in Chin state. "This is a truly historic day," Salai Ling, one of the five complainants and also of the Chin Human Rights Organization, told reporters in Manila. "We are really hoping that with the solidarity and support from the Filipino people and people in the ASEAN region, that we will be able to get some form of justice for the atrocities that our people suffered." Myanmar and the Philippines belong to the Association of Southeast Asian Nations (ASEAN). The regional bloc's efforts to defuse the Myanmar crisis have been fruitless so far. The Philippines is now the subject of an international human rights probe, with the Hague-based International Criminal Court investigating "possible crimes against humanity" during former president Rodrigo Duterte's deadly drugs crackdown. In July, President Ferdinand Marcos said the Philippines was "done talking with the ICC" but would continue to question the tribunal's jurisdiction. The post Myanmar nationals ask Philippines to probe alleged war crimes appeared first on Daily Tribune......»»
Malolos court asked to reverse Palparan acquittal
Manalo, the witness who led to the conviction of Palparan in a 2018 case asked the Malolos Regional Trial Court on October 23, to take a second look at the decision saying that their evidence was enough to prove conspiracy against Palparan and the accused......»»
Rep. Castro will sue former president Duterte for grave threats
Former president Rodrigo Duterte will be sued for grave threat raps by ACT Teachers Partylist Rep. France Castro, whom he threatened to kill over issues of confidential funds requested by his daughter, Vice President Sara Duterte. Castro said the criminal complaint is scheduled to be filed tomorrow morning before the Quezon City Regional Trial Court with some National Union of Peoples Lawyer members, former Philippine Bar Association head Rico Domingo, and lawyer Antonio La Viña, who volunteered to handle the case. "This is a crime against a person. Former president Duterte's threats should stop," she said in an interview on Monday. The progressive lawmaker has been on the receiving end of Duterte's tirades following the crusade of the Makabayan bloc to strip the VP of multi-million confidential funds from the proposed 2024 budget. VP Duterte sought P500 million and P150 million in confidential funds for OVP and the Department of Education, respectively. The militant group waged a successful battle against the VP's secret funds as the House leadership concurred with their proposal of formally removing it and rather channeled it to agencies in charge of monitoring and protecting the country's national security and territorial rights in the West Philippine Sea. The VP, who claimed her secret funds will be used to promote peace and order, previously accused critics of having "insidious motivations." The OVP and DepEd, which the VP concurrently heads, were among the three civilian agencies, namely the Department of Agriculture, the Department of Foreign Affairs, and the Department of Information And Communications Technology, awarded zero confidential funds for next year. The former president said Castro would have been the "first target" of his daughter's intelligence fund. "It's time for the Dutertes to stop doing this, especially former president Rodrigo Duterte. He admitted he kills. So, it has to be stopped because it has no place in this society," Castro said. According to Castro, she only did her duties as a lawmaker of scrutinizing the budget, particularly the confidential funds, and the Dutertes should not interpret it as a personal affront. House leaders previously said they would not tolerate Duterte's threats and intimidation of any members of the lower chamber. Moreover, they would back Castro's move to file legal action. The House is also geared up to provide Castro additional security following a death threat from Duterte, according to House secretary general Reginald Velasco. The post Rep. Castro will sue former president Duterte for grave threats appeared first on Daily Tribune......»»
2 Koreans wanted for telecom, wire fraud arrested
Two fugitives were captured by the Bureau of Immigration (BI) after being sought by South Korea and the US for their involvement in fraud-related operations. BI Commissioner Norman Tansingco confirmed the arrests of the two South Korean fugitives, who were identified as Kwon Junyoung, 38, and Seok Jongmin, 48. The two were arrested last Saturday in Brgy. Cuayan, Angeles City, Pampanga, by the BI Fugitive Search Unit (BI-FSU) operatives. Tansingco said that the operation was conducted in collaboration with the South Korean authorities, government intelligence groups, and the Angeles City Police Station. According to the South Korean authorities, Kwon is wanted for telecommunications fraud in South Korea, while Seok is wanted in Texas for engaging in wire fraud, money laundering, and identity theft. The BI chief said that as the BI board of commissioners has already issued summary deportation orders against them, soon they will be deported to face the crime they committed. Tansingco added that their names were also placed on the bureau’s blacklist of undesirable aliens, so they are now banned from re-entering the Philippines, the BI chief added. According to information obtained from Interpol's National Central Bureau (NCB) in Manila, the Suwon District Court in Korea issued an arrest order for Kwon on 12 December 2019. Authorities claimed that Kwon was part of a telecom fraud syndicate operating in Dalian, China, that used voice phishing to call random victims. Based on reports, the callers impersonated investigators from the Seoul Central Prosecutor's Office in order to harass the victims and trick them into transferring money to the syndicate's accounts. In contrast, the NCB revealed that Seok is the subject of an arrest warrant issued by the US district court in Western Texas. He is accused of conspiring to commit wire fraud, three counts of wire fraud, conspiring to commit money laundering, and three counts of aggravated identity theft. Seok is accused of working with other suspects to gain access to the websites of the US Departments of Defence and Veterans Affairs using thousands of US military veterans' stolen personal identification information (PII), depriving the victims of their benefits. The BI-FSU also reported that Seok was arrested after posting bail at the Angeles City regional trial court, where he was charged with robbery and extortion, and will be transferred to the BI’s facility in Bicutan, Taguig. While Kwon will remain in the custody of the Angeles City police due to his ongoing local case, he will continue to be under the BI’s legal custody for deportation proceedings. The post 2 Koreans wanted for telecom, wire fraud arrested appeared first on Daily Tribune......»»
China bullies Phl resupply vessels
The Philippines and China on Sunday blamed each other for the collisions of their ships in the West Philippine Sea, a portion of the South China Sea which the two countries both claim. The two countries separately issued strongly worded statements after the collision of their vessels near the Ayungin Shoal, which the latter refers to as Ren’ai Reef. The National Task Force for the West Philippine Sea accused the CCG of performing “dangerous blocking maneuvers” that resulted in a collision with the Unaiza on May 2. The Unaiza May 1 and 2 are boats contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. Unaiza 1 was able to complete its mission. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship, which “imperiled the safety” of the Unaiza May 2 crew. The United States and Canada condemned China’s action, while Germany expressed concern over the latest development in the WPS. (See related story) ‘Trespassing’ In the same resupply mission, a Chinese maritime militia vessel “bumped” the Philippine Coast Guard BRP Cabra’s port side, which was escorting the resupply vessels while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. The NTF-WPS said it “condemns in the strongest degree the latest dangerous, irresponsible, and illegal actions of the CCG and the Chinese maritime militia done this morning.” It stated that the Philippine sovereignty, sovereign rights, and jurisdiction were “violated” by the conduct of the Chinese Coast Guard and maritime militia vessels. The Philippines also described the incident as an “utter blatant disregard of the United Nations Charter, the United Nations Convention on the Law of the Sea Convention on the International Regulations for Preventing Collisions at Sea and relevant international maritime conventions, and the 2016 Arbitral Award.” For its part, China blamed the Philippines, stressing that its vessels “trespassed” into the adjacent waters of Ren’ai Reef in China’s Nansha Islands without permission. “Since the Philippine side ignored China’s repeated warnings, the China Coast Guard responded lawfully and blocked the Philippine vessels which were illegally carrying construction materials,” the CCG said in a statement shared by the Chinese Embassy in Manila to Filipino journalists. The CCG also said that the Unaiza Mae 2 “sailed at the bow of China Coast Guard 5203 (which it said was conducting law enforcement activities lawfully) in a way that was neither professional nor safe in spite of China’s advanced notice and repeated warnings.” China also blamed the Philippine side for the “bumping” of the PCG’s BRP Cabra and its militia vessel. “At 08:13 A.M., the Philippine vessel 4409 began to astern deliberately, leading to the collision of the stern of its vessel into the starboard of China’s static floating Qiong Sansha Yu 00003,” it said. “The move was to make faults with China and escalate the current situation,” it added. It continued: “The Philippines’ action seriously violated the International Regulations for Preventing Collisions at Sea and threatened the navigation safety of the Chinese vessels.” China also insisted that their operations were “professional, legitimate and lawful and the responsibility lay entirely with the Philippine side.” Ayungin Shoal, also known as Second Thomas Shoal, is 105 nautical miles west of Palawan and part of the Philippines’ exclusive economic zone. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration — a landmark decision that China continues to reject. WITH RAFFY AYENG @tribunephl_raf The post China bullies Phl resupply vessels appeared first on Daily Tribune......»»
US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal
The United States on Sunday denounced China’s actions in the West Philippine Sea that led to a collision of its vessels with Philippine vessels en route to a resupply mission to the Ayungin Shoal. In a tweet, US Ambassador to the Philippines MaryKay Carlson described China Coast Guard’s actions as a “disruption” of a “legal” resupply mission of the Philippines to the BRP Sierra Madre, its permanent military post in the West Philippine Sea. “The United States condemns PRC’s latest disruption of a legal Philippine resupply mission to Ayungin Shoal, putting the lives of Filipino service members at risk,” Carlson said on X, formerly known as Twitter. Earlier today, the National Task Force for the West Philippine Sea accused the CCG of performing "dangerous blocking maneuvers" that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship which “imperiled the safety” of the Unaiza May 2 crew. It also flagged the “bumping” of the Chinese Maritime Militia vessel against the Philippine Coast Guard BRP Cabra’s port side while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. Carlson said Washington “stands” with Manila in “protecting Philippine sovereignty and in support of a #FreeAndOpenIndoPacific.” Over the past months, the US reiterated its “ironclad” alliance commitment to the Philippines, amid the escalating tension in the WPS, a portion of the South China Sea both claimed by the Philippines and China. In August, US Defense Secretary Lloyd Austin III stressed that the Mutual Defense Treaty between Washington and Manila is extended to the latter’s public vessels. In a separate statement, Canada also condemned what it described as “unlawful and dangerous conduct” of the People's Republic of China in the WPS, which “provoked two collisions with Philippine vessels engaged in routine operations inside the Philippine Exclusive Economic Zone, in the vicinity of Ayungin Shoal.” “The PRC's actions are unjustified. China has no lawful claim to the West Philippine Sea. Its actions are incompatible with the obligations of a signatory to the UN Convention on the Law of the Sea,” the Canadian Embassy in Manila said. “Continuing acts of intimidation and coercion undermine safety, stability, and security across the region, and increase the risk of miscalculation,” it added. Canada said it welcomed the news that no injuries resulted from these collisions and commended the “professionalism and restraint exercised” by the Philippine Coast Guard. “Canada affirms its support for a rules-based order in the South China Sea consistent with international law, including UNCLOS and the 2016 Arbitral decision, which is final and binding on the parties,” it said. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. The post US, Canada condemn China’s ‘disruption’ of Phl’s resupply mission to Ayungin Shoal appeared first on Daily Tribune......»»
Phl, China trade barbs over ships’ collision in WPS
The Philippines and China blamed each other on Sunday for the collisions of their ships in the West Philippine Sea, a portion of the South China Sea, which the two countries both claim. The two countries separately issued strongly worded statements after the collision of their vessels near the Ayungin Shoal, which the latter refers to as Ren’ai Reef. The National Task Force for the West Philippine Sea accused the CCG of performing "dangerous blocking maneuvers" that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship which “imperiled the safety” of the Unaiza May 2 crew. In the same resupply mission, a Chinese Maritime Militia vessel “bumped” the Philippine Coast Guard BRP Cabra’s port side which was escorting the Philippine vessels while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. The NTF-WPS said it “condemns in the strongest degree the latest dangerous, irresponsible, and illegal actions of the CCG and the Chinese maritime militia done this morning.” It stated that the Philippine sovereignty, sovereign rights, and jurisdiction were “violated” by the conduct of the Chinese Coast Guard and maritime militia vessels. The Philippines also described the incident as an “utter blatant disregard of the United Nations Charter, the United Nations Convention on the Law of the Sea Convention on the International Regulations for Preventing Collisions at Sea and relevant international maritime conventions, and the 2016 Arbitral Award.” ‘Trespassing’ For its part, China threw the blame on the Philippines side, stressing that its vessels “trespassed” into the adjacent waters of Ren’ai Reef in China’s Nansha Islands without permission. “Since the Philippine side ignored China’s repeated warnings, the China Coast Guard responded lawfully and blocked the Philippine vessels which were illegally carrying construction materials,” the CCG said in a statement shared by the Chinese Embassy in Manila to Filipino journalists. The CCG also said that the Unaizah Mae 2 “sailed at the bow of China Coast Guard 5203 (which was conducting law enforcement activities lawfully) on purpose in a way that was not professional nor safe in spite of China’s advanced notice and repeated warnings.” China also blamed the Philippine side for the “bumping” of the PCG’s BRP Cabra and its militia vessel. “At 08:13 A.M., the Philippine vessel 4409 began to astern deliberately, leading to the collision of the stern of its vessel into the starboard of China’s static floating Qiong Sansha Yu 00003,” it said. “The move was to make faults with China and escalate the current situation,” it added. It continued: “The Philippines’ action seriously violated the International Regulations for Preventing Collisions at Sea and threatened the navigation safety of the Chinese vessels.” China also insisted that their operations were “professional, legitimate and lawful and the responsibility lay entirely with the Philippine side.” Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. The post Phl, China trade barbs over ships’ collision in WPS appeared first on Daily Tribune......»»
Senators denounce China’s ‘abhorrent’ actions in WPS
Senators on Sunday condemned China for performing “dangerous blocking maneuvers” that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. In separate statements, Senate President Juan Miguel “Migz” Zubiri, Senators Risa Hontiveros, and Francis Tolentino expressed their anger over the collision that put the safety of the Filipino crew at risk. “I am one with peace-loving Filipinos in strongly condemning this latest abhorrent actions of the China Coast Guard and Chinese maritime militia that put in danger the lives of our brave countrymen who were on a routine resupply mission to our troops in Ayungin Shoal,” Zubiri said. “Let me salute our personnel from the Philippine Coast Guard (PCG) and the Armed Forces of the Philippines (AFP) for displaying courage and restraint in continuing their resupply missions despite the hostile and treacherous acts of China Coast Guard and their maritime militia,” he added. Zubiri called on CCG to “respect human lives and abide by the United Nations Convention on the Law of the Sea and other international laws governing safe maritime travel.” “Our freedom of navigation in our own exclusive economic zone within our own continental shelf should be recognized and upheld,” he stressed. The Senate chief also reiterated his support for his colleagues' efforts to beef up the PCG and AFP’s budget for the next fiscal year to “better capacitate them in safeguarding our exclusive economic zones from illegal foreign intrusions.” “As leader of the Senate, I will make sure that our troops will get sufficient funds under the 2024 national budget to bankroll the much-needed upgrade of their equipment,” he said. The National Task Force for the West Philippine Sea accused the CCG of performing "dangerous blocking maneuvers" that resulted in a collision with the Unaiza May 2, an indigenous boat contracted by the Armed Forces of the Philippines for a resupply mission to the BRP Sierra Madre. The NTF-WPS condemned the “provocative, irresponsible, and illegal action” of the China Coast Guard ship which “imperiled the safety” of the Unaiza May 2 crew. In the same resupply mission, a Chinese Maritime Militia vessel “bumped” the Philippine Coast Guard BRP Cabra’s port side which was escorting the Philippine vessels while it was lying approximately 6.4 nautical miles northeast of Ayungin Shoal. The NTF-WPS said it “condemns in the strongest degree the latest dangerous, irresponsible, and illegal actions of the CCG and the Chinese maritime militia done this morning.” ‘Enough’ Hontiveros echoed Zubiri’s call on China to “stop” its activities in the West Philippine Sea which she said clearly violates international law. “This latest collision is squarely the China Coast Guard’s fault,” she said in a separate statement. “The 2016 Arbitral Award has resolutely invalidated China’s claims in the West Philippine Sea, making this incident a clear violation of international law,” she added. Hontiveros said the PCG “has every right to be in the West Philippine Sea.” “China has no right to drive our forces into our own seas. Furthermore, they do not have the right to hurt and bump Philippine vessels that are only performing their jobs in our territories,” she stressed. “Chinese vessels have chased, blocked, and harassed our Philippine Coast Guard daily, 24/7 every single time we conduct our resupply mission to the BRP Sierra Madre,” she added. The opposition lawmaker also called on the international community to join the Philippines’ condemnation of China’s most recent violence against the Filipino people. “Our nations should not stop fighting for the rule of law. It is the only way to have a chance at true peace and stability across the region and the world,” she said. For his part, Tolentino said the recent confrontation between the Philippines and China clearly shows China’s continuous disregard for international law. He noted that the incident should be investigated by the International Convention for the Safety of Life at Sea and the Code for Investigation ng Marine Casualties and Incidents of the International Maritime Organization. Ayungin Shoal, also known as Second Thomas Shoal, is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. China claims the vast South China Sea, including the West Philippine Sea. On 12 July 2016, the Philippines won its arbitral case against China in the Permanent Court of Arbitration – a landmark decision that China continues to reject. The post Senators denounce China’s ‘abhorrent’ actions in WPS appeared first on Daily Tribune......»»
Neither estafa nor qualified theft (2)
In Balerta v. People, the Court found that juridical possession as an element of the crime of estafa by misappropriation was not present because the accused was a cash custodian with no independent right or title to the funds received: In the case at bench, there is no question that the petitioner was handling the funds lent by Care Philippines to BABMPC. However, she held the funds on behalf of BABMPC. She had mere physical or material possession over the funds but held no independent right or title, which she could set up against BARMPC. The petitioner was nothing more than a mere cash custodian. Hence, the Court finds that juridical possession of the funds as an element of the crime of estafa by misappropriation is absent in the instant case. In Reside v. People, the Court came to a similar conclusion and held that the accused, a school principal tasked to receive tuition fees and forward these to the school, did not have juridical possession over the funds received. In the case at bench, it cannot be gainsaid that the petitioner, in addition to her duties as principal, was authorized to receive or collect matriculation fees from the parents and/or students enrolled in TGWSI. Per a verbal agreement with De Dios, the petitioner shall forward all payments received together with the remittance voucher slips to the school. As it happens, the money merely passes into the petitioner’s hands, and her custody is only until the same is remitted to the school. Consequently, as principal and temporary cash custodian of TGWSI, the petitioner acquires only physical or material possession over the unremitted funds. Thus, being a mere custodian of the unremitted tuition fees and not, in any manner, an agent who could have asserted a right against TGWSI over the same, the petitioner had only acquired material and not juridical possession of such funds and, consequently, cannot be convicted of the crime of estafa as charged. The prosecution alleged that petitioner Medina was responsible for collecting remittances from the Department of Education, accepting premium payments from PPSTA members, and depositing these payments in PPSTA’s bank account, as instructed by the PPSTA Treasurer. The record is bereft of any allegation or proof that petitioner Medina had any independent right or title to these funds that she could set up against PPSTA. Contrary to the findings of the CA, petitioner Medina was not a “trustee” of the PPSTA members’ payments, as she received these sums as an employee of, and on behalf of, her employer. Consequently, petitioner Medina only had material and not juridical possession of these funds, and she cannot be convicted for estafa under Article 315 (b) (l) of the Revised Penal Code or RPC. Second, jurisprudence holds that a conviction for simple or qualified theft (in lieu of estafa) is possible if all the elements of theft are alleged in the information. However, the evidence on record needs to be more sufficient to convict petitioner Medina of theft, whether simple or qualified. Simple theft is committed when the following elements concur: (1) taking of personal property; (2) that the said property belongs to another; (3) that the said taking be done with intent to gain; (4) that it be done without the owner’s consent; (5) that it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and (6) that it be done with grave abuse of confidence. Theft becomes qualified when committed with grave abuse of confidence, among other qualifying circumstances enumerated in Article 310 of RPC. (To be continued) The post Neither estafa nor qualified theft (2) appeared first on Daily Tribune......»»
Sandiganbayan junks ex-BoC exec’s plea
The Sandiganbayan has junked the appeal of an ex-official of the Bureau of Correction and a private defendant convicted of graft over an anomalous sugar deal worth over P10 million in 2000. In a seven-page resolution, the Sandiganbayan Fifth Division turned down the appeal filed by ex-BoC official Benjamin Bongon and Roger Ang, who were found guilty of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and were sentenced to up to seven years behind bars by the Cebu Regional Trial Court Branch 23 in December 2017. The lower court, likewise, ordered the accused to pay a P10,859,063 fine. The graft case involved the 28,000 bags of unmanifested imported sugar carried by M/V Affy that the BoC seized in 1999 and was later auctioned in 2000. Ang, the proprietor of Consumer Enterprises, won the bidding and deposited P21 million, equivalent to the price of 28,000 bags. However, a composite team reported to Bongon, the erstwhile chief of the Auction and Cargo Disposal Division of the BoC-Port of Cebu, that only 13,753 bags of sugar were offloaded from the vessel and subsequently acquired by Ang. This prompted Ang to refund P10,859,063, corresponding to the surplus of his initial payment of P21,341,600. The post Sandiganbayan junks ex-BoC exec’s plea appeared first on Daily Tribune......»»
Napoles convicted anew on P20.91-M graft case
The Sandiganbayan has found convicted plunderer Janet Lim Napoles guilty of graft and malversation of the P20.91-million pork barrel of ex-South Cotabato lawmaker Arthur Pingoy intended for livelihood projects that turned out to be ghost or non-existent projects. In a 66-page ruling handed down on Friday, the Sandiganbayan Special Second Division sentenced Napoles to up to 60 years in prison on four counts each of graft and malversation. Pingoy, however, walked free from the same charges, including direct bribery — notwithstanding whistleblower Benhur Luy’s testimony — “for the failure of the prosecution to prove his guilt beyond reasonable doubt.” Aside from Napoles, the anti-graft court also convicted erstwhile officials of the now defunct National Agribusiness Corporation’s Rhodora Mendoza, Maria Ninez Guanizo and Victor Roman Cacal; and Evelyn de Leon of the Philippine Social Development Foundation Inc. Pingoy, who served three terms in the House of Representatives from 2001 to 2010, was accused of funneling his P20.91-million Priority Development Assistance Fund or pork barrel to bogus non-government organizations set up by Napoles in exchange for kickbacks. The Ombudsman’s probe showed the projects supposedly to finance farm implements, livelihood materials, and training turned out to be “ghost” projects as borne out by Commission on Audit reports and the testimonies of whistleblowers. The Sandiganbayan, however, ruled that “there was no sufficient evidence” that Pingoy had received kickbacks or commissions from Napoles. The PDAF was a lump sum discretionary fund allocated to lawmakers “to identify and fund key projects that local government units could not fund.” The Supreme Court abolished it in November 2013 after it became a source of corruption and was declared unconstitutional. Napoles, the principal suspect in the case, has been detained at the Correctional Institution for Women in Mandaluyong City since 2018 on plunder charges involving the unlawful disbursement of Senator Ramon Revilla Jr.’s pork barrel worth P224 million. She is still facing several graft charges, all related to the pork barrel scam. The post Napoles convicted anew on P20.91-M graft case appeared first on Daily Tribune......»»
Janet Napoles to serve 60 more years imprisonment sentence
The Sandiganbayan found convicted plunderer Janet Lim Napoles guilty of graft and malversation anew for her involvement in the P20.91 million pork barrel of ex-South Cotabato lawmaker Arthur Pingoy intended for livelihood projects that turned out to be ghost or non-existent. In a 66-page ruling handed down on Friday, the Sandiganbayan Special Second Division sentenced Napoles to up to 60 years in prison for four counts each of graft and malversation. Pingoy, however, walked free from the same charges, including direct bribery -- notwithstanding whistleblower Benhur Luy's testimony -- " for the failure of the prosecution to prove his guilt beyond reasonable doubt." Aside from "pork barrel queen" Napoles, the anti-graft court likewise convicted erstwhile officials of the now-defunct National Agribusiness Corporation Rhodora Mendoza, Maria Ninez Guanizo, Victor Roman Cacal, and Evelyn de Leon of the Philippine Social Development Foundation Inc. Pingoy, who served three full terms as a member of the House of Representatives from 2001 to 2010 -- was accused of funneling his P20.91 million Priority Development Assistance Fund or pork barrel through bogus non-government organizations allegedly governed by Napoles in exchange for kickbacks. The Ombudsman’s probe disclosed that the projects nominated as financial assistance for farm implements, livelihood materials, and training turned out to be "ghost” projects as borne out by the Commission on Audit report and testimonies of the whistleblowers. The Sandiganbayan, however, ruled that "there is no sufficient evidence" that the erstwhile lawmaker indeed received kickbacks or commissions from Napoles. PDAF allocated to lawmakers is lump-sum and discriminatory funds intended to empower them "to identify key projects that local government units could not fund." It was later abolished by the Supreme Court in November 2013 after it became a source of corruption and was declared unconstitutional. Napoles, the principal suspect in the case, has been detained at the Correctional Institution for Women in Mandaluyong City since 2018 for plunder charges involving the unlawful disbursement of Senator Bong Revilla Jr.'s pork barrel worth P224 million. She is still facing several graft charges, all related to the pork barrel scam. The post Janet Napoles to serve 60 more years imprisonment sentence appeared first on Daily Tribune......»»
Argentina court acquits nuns of sex abuse
Two nuns and seven other female employees of an Argentine institute for deaf children were acquitted by a court Wednesday of sexual abuse and rape. The ruling, broadcast on public television, concluded a trial of two-and-a-half years in a case that has shocked the home country of Pope Francis. Two priests in charge of children at the Antonio Provolo center — Horacio Corbacho and Nicola Corradi — have been convicted and handed sentences of more than 40 years each for sexual abuse, including rape, of some 20 minors. The victims were aged four to 17 when the crimes were committed from 2004 to the closure of the institute in 2016. The institution’s gardener, Armando Gomez, has also been jailed for 18 years for sexual abuse, and a former altar boy pleaded guilty to the sexual abuse of five children. Several staff were taken into custody after allegations of abuse first surfaced in 2016, and the institute was shut down. The latest case focused on the alleged abuse of 11 of the children. In the dock were Japanese nun Kumiko Kosaka and Paraguayan Asuncion Martinez, as well as a former cook, a psychologist, a legal representative and school director, and three other employees. Kosaka stood accused of aggravated sexual abuse and covering up the crimes, and Martinez of “corruption of minors,” among other alleged offenses. A panel of three judges on Wednesday acquitted Kosaka, Martinez, and all seven others. Ariel Lizarraga, father of one of the accusers, described the outcome as “total injustice.” The post Argentina court acquits nuns of sex abuse appeared first on Daily Tribune......»»
Nonexistent marriage
Is a marriage, void from the beginning, a valid defense in the prosecution for bigamy even without a judicial declaration of absolute nullity of either the first or second marriages of the accused? This is the question resolved in this case of Rudy......»»
6 police in Navotas teen slay surrender
The six dismissed police officers implicated in the death of 17-year-old Jerhode “Jemboy” Baltazar in a case of mistaken identity have voluntarily surrendered to the authorities in Quezon province, Philippine National Police-Criminal Investigation and Detection Group chief Maj. Gen. Romeo Caramat Jr. said yesterday. Caramat said that six dismissed cops namely Executive Master Sgt. Roberto Dioso, Cpl. Edmard Blanco, Pat. Benedict Mangada, and Staff Sgts. Gerry Maliban, Antonio Bugayong, Jr., and Nikko Esquillon, all formerly assigned to the Navotas City police station, voluntarily surrendered around 5 p.m. Wednesday at CIDG Quezon Provincial Field Unit, Camp Guillermo Nakar, Lucena City, Quezon. Caramat said the suspects who voluntarily surrendered themselves in CIDG Quezon PFU are now undergoing the booking process and documentation for proper disposition as all accused are not entitled to bail. The Navotas City Regional Trial Court has ordered the arrest of six dismissed police officers implicated in the death of Baltazar in a case of mistaken identity last August In an order dated 3 October and made public Wednesday, RTC Branch 286 Judge Pedro Dabu Jr. said the court found probable cause to issue a warrant of arrest against Executive Master Sgt. Roberto Dioso, Cpl. Edmard Blanco, Pat. Benedict Mangada, and Staff Sgts. Gerry Maliban, Antonio Bugayong Jr. and Nikko Esquillon. “Considering that the accused stand charged with murder, they are not entitled to bail as a matter of course,” the order added. Navotas City prosecutors filed the murder complaint against the suspects on 15 September. The National Capital Region Police Office earlier approved the Philippine National Police-Internal Affairs Service’s recommendation to dismiss the respondents from the service over the killing of Baltazar. On 2 August, the police officers launched a pursuit operation against a murder suspect when they chanced upon Baltazar, who was then onboard a boat. They then commanded Baltazar and his companion to surrender. However, the victim jumped into the river, prompting law enforcers to fire resulting in his death. The police officers later admitted that Baltazar was not the suspect they were looking for but a certain Reynaldo Bolivar. The post 6 police in Navotas teen slay surrender appeared first on Daily Tribune......»»