We are sorry, the requested page does not exist
Lebanon court orders ex-car boss Ghosn out of Beirut home: official
A Lebanese judge has decided to evict former Nissan boss Carlos Ghosn from his luxury home, a judicial official said Saturday, four years after an investment firm accused him of "trespassing". Ghosn, who took up residency in the Beirut property after fleeing prosecution in Japan in 2019, appealed the ruling on Friday, the official added. A spokesperson for Ghosn confirmed he had appealed. Ghosn and his wife must "vacate the property... within a month", according to a copy of the decision seen by AFP and dated 16 October. The home with pink walls in the Lebanese capital's upscale Ashrafieh neighborhood is worth some $19 million and is registered to Lebanese company Phoinos Investment, the judicial official said, requesting anonymity as they were not authorized to speak to the media. Phoinos initiated the legal action in 2019 and has accused Ghosn of "trespassing on private property and living in the home without legal basis", the official added. According to the court document, Ghosn said the company was affiliated with Nissan and that "the property was purchased... for his residence, and there is a signed agreement with Nissan that grants him the right to reside" there. Ghosn occupied the home "according to a contractual relationship linking... Ghosn and Nissan", the decision said. However, the end of that relationship and the plaintiff's wish to retake the property invalidates "the legal basis" of his occupancy, it added. In a written statement to AFP, a Ghosn spokesperson said documents that had been unavailable for prior hearings in the cast would support his appeal. "He will now be able to present all the documents held up in Japan that he was unable to secure on time," the statement said. Ghosn, the former chairman and chief executive of the Renault-Nissan-Mitsubishi alliance, was arrested in Japan in November 2018 on suspicion of financial misconduct, before being sacked by Nissan's board in a unanimous decision. He jumped bail late the following year and made a dramatic escape from Japan hidden in an audio-equipment box, landing in Beirut, where he remains an international fugitive. Ghosn has always denied the charges against him, arguing they were cooked up by Nissan executives who opposed his attempts to more closely integrate the firm with French partner Renault. Japan and France have sought his arrest, but Lebanon does not extradite its citizens, and judicial authorities have slapped a travel ban on Ghosn, who holds Lebanese, French, and Brazilian nationality. The post Lebanon court orders ex-car boss Ghosn out of Beirut home: official appeared first on Daily Tribune......»»
Tabuk mayor’s plea junked
The Sandiganbayan on Thursday announced that it has junked Tabuk City Mayor Darwin Estrañero’s bid to quash graft raps filed against him in connection with the alleged procurement of medical supplies at the onset of the Covid-19 pandemic that were “grossly overpriced.” In a 9-page resolution signed on 4 October, the Sandiganbayan Sixth Division turned down the mayor’s appeal, owing to lack of merit. To recall, Estrañero was charged with breaching the Anti-Graft and Corrupt Practices Act or RA 3019 for entering into contracts with various suppliers in May 2020 for purchasing medical supplies that were 135 percent to 609 percent grossly overpriced. Based on the charges, Estrañero allegedly entered into contracts notwithstanding an order from the executive on a price freeze on emergency supplies under Joint Memorandum Circular 2020-01. The post Tabuk mayor’s plea junked appeared first on Daily Tribune......»»
NOW Telecom appeals to SC over ‘erroneous’ NTC fine
NOW Telecom Inc. of businessman Mel Velarde has elevated its appeal to the Supreme Court or SC to settle the alleged P2.6 billion in spectrum regulatory fees or SRF and associated charges it allegedly owes the National Telecommunications Commission or NTC. The company, through a 22-page comment dated 1 September 2023 filed before the SC, pointed out that the regulatory fees and penalties imposed were "erroneous" and needed to be recomputed. NOW Telecom is disputing the NTC's calculation, which was based on the total capital stock of P13.57 billion instead of the subscribed and paid-up capital of P1.39 billion. The company pointed out that the additional paid-in capital of P12.17 billion should be excluded from the computation. Thus, it requested the High Court to order NTC to recompute the SRF and base it solely on its capital stock of P1.39 billion and set aside the regulator's letters assessments dated 5 July 2025, and 23 December 2005. Additionally, the company also asked the SC to delete the imposition of any penalty and interest. “We are confident that this SRF issue will be finally resolved. NOW Telecom continues to appeal to the Marcos administration to (maintain) a level playing field, for NOW to compete head-on with China Telecom/DITO and Huawei-equipped SMART and GLOBE,” Velarde said in a press statement on Tuesday. NOW Telecom also contended that the NTC's reference to a COA letter was flawed due to discrepancies. The COA letter claims over P3 billion in unresolved receivables that spanned 14 years. "The crucial COA Letter was conspicuously absent from NTC's official documents, replaced by correspondence with the Office of the Solicitor General, casting doubts on the authenticity of the claim," it added. NOW Telecom additionally said that "the staggering amount imposed by the NTC as penalties and interest does not align with the purpose of the law." "As the term itself implies, the amount of the SRF collected is supposed to be commensurate to, and is simply intended to reimburse the NTC for the costs it incurs in supervising and regulating the telecommunications industry," the company said, adding that the SRF is not a tax or a revenue-raising measure. Last June, it can be recalled that the Securities and Exchange Commission or SEC fined NOW Corp. and Velarde P1 million each for allegedly “misleading disclosures” about the P2.6-billion unpaid obligation of affiliate company NOW Telecom to the government. In a seven-page order dated 15 June 2023, the SEC affirmed that NOW Corp. and Velarde were administratively liable for violating the Securities Regulation Code or SRC for disclosing misleading information to the public. The disclosure in question was the one posted on 10 November 2021, which stated that NOW Corp. was unaware of the details surrounding the motions filed by the NTC with the SC. The SEC pointed out that as one of the concurrent key officials of both NOW Corp. and NOW Telecom, Velarde is “considered to have ipso facto participated in the transactions” relating to the unpaid SRF and SUF liability of NOW Telecom. The post NOW Telecom appeals to SC over ‘erroneous’ NTC fine appeared first on Daily Tribune......»»
British nurse jailed for killing seven babies lodges appeal
A British nurse jailed for life for murdering seven newborn babies and attempting to kill six others has lodged a legal bid to appeal her conviction, court officials said Friday. Staff at the Court of Appeal of England and Wales, confirmed an application had been received from Lucy Letby for permission to appeal against all her convictions. Applications for permission to appeal against a lower crown court decision are typically considered by a judge without a hearing. If this is refused, permission can still be sought at a full court hearing before two or three judges. Letby, 33, was convicted last month of killing five baby boys and two baby girls, making her the UK's most prolific child serial killer in modern history. She was arrested following a string of deaths at the neonatal unit of the Countess of Chester Hospital in northwest England between June 2015 and June 2016. She consistently denied all the charges. The jury in Letby's months-long trial cleared her of two counts of attempted murder and were unable to reach decisions on six other counts. Prosecutors are expected to confirm whether or not they will seek a re-trial on those charges next week. The government has announced an independent inquiry into her shocking case to examine how the concerns of clinicians were dealt with by the Chester hospital managers. The post British nurse jailed for killing seven babies lodges appeal appeared first on Daily Tribune......»»
Malaysian court upholds ex-leader Najib’s audit tampering acquittal
A Malaysian court upheld on Tuesday the acquittal of jailed former prime minister Najib Razak on an audit tampering charge in the investigation into corruption at the 1MDB state wealth fund. Najib is serving a 12-year prison term on other graft charges related to the 1 Malaysia Development Berhad financial scandal. The plundering of the fund led to investigations around the world, including in the United States, Switzerland and Singapore, into the use of their financial systems to launder money. But Malaysia's Court of Appeal struck out the appeal by state prosecutors against the acquittal of the audit tampering charge after prosecutors did not submit documents in time, Najib's lawyer Mohamed Shafee Abdullah told AFP. "In this case, the prosecution evidently found no grounds for appeal, resulting in no petition being filed," he said in a statement. Najib, the 70-year-old leader of Malaysia for nine years until 2018, was acquitted in March after a Kuala Lumpur High Court judge ruled prosecutors failed to provide sufficient evidence that he had tampered with an audit report on scandal-racked 1MDB. That charge focused on allegations that Najib ordered a report by the government's official audit body on the 1MDB sovereign wealth fund to be altered in February 2016. Najib's co-accused, former 1MDB chief Arul Kanda Kandasamy, was also acquitted. The former Malaysian premier's acquittal from the tampering charge does not affect his current jail sentence and he faces dozens more charges that could lengthen that term. Najib's wife Rosmah Mansor was found guilty of graft in 2022 and sentenced to 10 years in prison. She remains on bail pending an appeal. The post Malaysian court upholds ex-leader Najib’s audit tampering acquittal appeared first on Daily Tribune......»»
Hong Kong’s top court to rule on same-sex marriage
Hong Kong's top court will decide Tuesday whether to recognize same-sex marriages, rendering a verdict in one of the most consequential cases on the subject in the city's history. Over the past decade, LGBTQ activists in the former British colony have won piecemeal victories in court, striking down discriminatory government policies on visas, taxes, and housing benefits. But the case brought by jailed pro-democracy activist Jimmy Sham -- set to be decided at 2:30 pm local time (0630 GMT) Tuesday -- will be the first time Hong Kong's Court of Final Appeal has directly addressed the issue of same-sex marriage. Since launching his challenge in 2018, Sham, 36, has twice failed to convince the courts that Hong Kong should legally recognize his marriage to a same-sex partner, which was registered in New York nearly a decade ago. In his most recent setback, in August 2022, appeal judges wrote that Hong Kong's constitutional text "only provides access to the institution of marriage to heterosexual couples". Sham has argued the city's ban on same-sex marriage violates his right to equality, while the lack of a policy alternative -- such as civil unions -- does the same, in addition to breaching his right to privacy. British rights lawyer Karon Monaghan, representing Sham, told the court in June the ban disadvantages same-sex couples in areas such as inheritance and housing rentals. A poll this year found that 60 percent of Hong Kongers supported same-sex marriage, compared to just 38 percent a decade ago. Some international businesses in the city have also backed marriage equality campaigns, crediting it as a way to attract talent. But the city's Beijing-approved leadership has shown little appetite for passing laws that advance LGBTQ equality. Rights advocacy has partly gone underground after Beijing imposed a national security law on Hong Kong in 2020, following huge and sometimes violent pro-democracy protests in the finance hub. Sham, a prominent democracy campaigner, is one of dozens of activists behind bars awaiting prosecution under the security law on charges unrelated to LGBTQ rights. In July, a radio show promoting gay rights aired by Hong Kong's public broadcaster was canceled after a 17-year run. The post Hong Kong’s top court to rule on same-sex marriage appeared first on Daily Tribune......»»
Trump rants on judge’s early trial date
Former United States president Donald Trump angrily reacted to a judge’s decision to set the date for his election subversion conspiracy trial to 4 March 2024. Trump and his lawyers were hoping for a 2.5-year delay or April 2026 trial but US District Court Judge Tanya Chutkan’s chosen date declared in a Monday hearing in Washington is the eve of “Super Tuesday,” when more than a dozen states will pick between Trump and one of his rivals to be the 2024 Republican presidential nominee. “Today a biased, Trump Hating Judge gave me only a two-month extension, just what our corrupt government wanted, SUPER TUESDAY. I will APPEAL!” he said on his social network Truth Social, although trial dates are usually not appealable. “Setting a trial date does not depend on the defendant’s professional obligations so Mr. Trump will have to make a date work,” Chutkan said. The case before Chutkan accuses Trump of conspiracy to defraud the US and conspiracy to obstruct an official proceeding — the 6 January 2021 joint session of Congress that was attacked by a mob of Trump supporters. He is also accused of seeking to disenfranchise American voters with his false claims he won the 2020 election. Trump pleaded not guilty to the charges in an early August court appearance and was not required to attend Monday’s procedural hearing. The frontrunning Republican nominee for next year’s presidential election is now facing a busy legal calendar. He is to go on trial in New York later in March on charges of paying election-eve hush money to a porn star. His trial for allegedly mishandling top secret government documents is in May in Florida. Trump and 18 co-defendants also face racketeering charges in Georgia over their efforts to overturn the 2020 election result in the southern state and are due to enter pleas at an arraignment next Wednesday. The judge presiding over the Georgia case has not yet set a firm date for that trial to begin. The 61-year-old Chutkan, who was appointed by former Democratic president Barack Obama, has handed down some of the stiffest sentences to participants in the attack on the US Capitol, and Trump has accused her of being “highly partisan” and “very biased.” Chutkan also has a legal history with Trump — she ruled against him in a November 2021 case, notably declaring that “presidents are not kings.” WITH AFP The post Trump rants on judge’s early trial date appeared first on Daily Tribune......»»
Disney streaming service sees subscribers fall again
Disney on Wednesday reported a loss for the most recent quarter, with the number of subscribers to its streaming service shrinking again, but a pledge to crack down on password sharing sent shares higher in after-market trades. The falling Disney+ subscriber numbers -- for the third consecutive quarter -- came as a crippling writers and actors strike hits the US entertainment industry, threatening the company's ability to produce content key to the streaming service's appeal. "It is my fervent hope that we quickly find solutions to the issues that have kept us apart these past few months," chief executive Bob Iger, whose contract has been extended through 2026, said of negotiations with striking actors and writers. "I am personally committed to working to achieve this result." Hollywood television and movie writers went on their first strike in 15 years in May, only to be joined in mid-July by actors. The last time Hollywood writers laid down their pens and keyboards, in 2007, the strike lasted 100 days and cost Los Angeles's entertainment economy around $2 billion. This time, the two sides are clashing as writers demand higher pay, minimum guarantees of stable employment and a greater share of profits from the boom in streaming, while studios say they must cut costs due to economic pressures. The current double whammy of actors and writers is the first since the 1960s. At issue for both labor groups in the age of streaming is better pay and residuals, and the role of artificial intelligence, which they fear the studios would like to use to replace them. As things stand, neither the unions nor the Alliance of Motion Picture and Television Producers (AMPTP), the body that represents the studios, seems prepared to give ground. Password sharing a 'priority' Disney+ finished the quarter with 146.1 million subscribers, compared with just shy of 158 million in the first three months of this year, the group said. All but a sliver of the loss in Disney+ subscribers took place in India, where the entertainment titan early this year lost rights to stream popular Premier League cricket matches. Rival Netflix recently reported that its subscriptions climbed by nearly six million in the wake of its crackdown on password sharing. Iger told financial analysts that Disney+ password sharing is "significant" and that the company plans to start tackling the situation. "We already have the technical capability to monitor much of this," Iger said. "We're going to get at this issue; we certainly have established this as a real priority." Disney announced it will raise its streaming service subscription price in the United States to $14 monthly starting October 12, an increase of $3. The company also expanded availability of an ad-supported Disney+ tier to Canada and parts of Europe. Third Bridge analyst Jamie Lumley believes Disney+ has "a long road ahead" to becoming profitable. "Our experts expect that 2025 is a more realistic timeline to achieve profitability than next year," Lumley said. "Especially considering factors like the dual strike in Hollywood and relatively weak reception of Disney's content by audiences." Disney shares were up more than 2 percent to $90 in after market trades despite the drop in streaming service subscriber numbers and a posted loss of $460 million in the quarter. The unusual quarterly loss for the company was due to charges related to ending licensing agreements and yanking content from its streaming platforms. Disney reported that its theme parks and cruise business continued to rebound from the pandemic, even while its traditional television offerings face a trend of ad dollars shifting to online viewing alternatives. Iger said in the earnings call that streaming, film studios and theme parks will drive its growth in the coming five years. "On the traditional TV side, losses continue to mount as CEO Bob Iger looks to offload what he now considers non-core assets, including the ABC Network," said Insider Intelligence principal analyst Paul Verna. "These adverse trends are compounded by economic uncertainty, a soft ad market, increased competition in streaming media, labor disputes with screenwriters and actors, and lackluster box office numbers for Disney's films." The post Disney streaming service sees subscribers fall again appeared first on Daily Tribune......»»
Former Pakistan PM Khan arrested after court convicts him of graft
Former Pakistan prime minister Imran Khan was arrested at his home in Lahore on Saturday after a court in the capital found him guilty of graft and sentenced him to three years in jail. The former international cricket star has long warned he would be arrested to prevent him from participating in elections that are due to be held before the end of the year. "His dishonesty has been established beyond doubt," Judge Humayun Dilawar wrote in a ruling seen by AFP for a case centered on gifts he received and did not properly declare while he was premier. "He has been found guilty of corrupt practices by hiding the benefits he accrued from the national exchequer willfully and intentionally." In May, Khan was arrested and briefly detained in Islamabad for the same case, sparking deadly unrest during which supporters of his Pakistan Tehreek-e-Insaf (PTI) party poured onto the streets and clashed with police. In the aftermath of his release following three days in custody, PTI has been targeted by a crackdown with thousands of arrests, reports of intimidation, and muzzling of the press. After he was taken away by police Saturday, a video made before his arrest was posted to his X account. "My arrest was expected & I recorded this message before my arrest... I want my party workers to remain peaceful, steadfast, and strong," he said in the caption accompanying the video. Khan not in court Khan has faced a slew of court cases on charges he says are politically motivated since being ousted in a vote of no confidence last year, and was not present when he was sentenced Saturday. The judge also fined him 100,000 rupees (around $350). Soon after the ruling, police entered his home in Lahore and arrested him. "I have just received the information that Imran Khan has been arrested," Attaullah Tarar, Special Assistant to Prime Minister Shehbaz Sharif, told reporters. Party officials said Khan had been taken to the capital, while his legal team said they would be filing an immediate appeal. "It's important to mention there was no chance given to present witnesses, neither was the time allotted to round up arguments," a member of the team said. Parliament is likely to be dissolved after it completes its term in the next two weeks, with national elections to be held by mid-November or earlier. "Everyone will ask questions about the credibility of elections in the absence of PTI and Imran Khan and questions will be raised about the credibility of elections in the outside world as well," political analyst Hasan Askari told AFP. Khan rose to power in 2018 on a wave of popular support, an anti-corruption manifesto, and the backing of the powerful military establishment. When he was ousted in April last year, analysts said it was because he lost the backing of the top generals. In multiple speeches and interviews Khan has highlighted the power the top brass wield behind the scenes -- a subject historically considered a red line in Pakistan. The case that has led to his arrest centers on gifts Khan and his wife received while in office. Pakistan newspapers have for months carried lurid stories alleging Khan and his wife received lavish presents worth millions during trips abroad -- including luxury watches, jewelry, designer handbags, and perfumes. Government officials must declare all gifts but are allowed to keep those below a certain value or buy them at an officially agreed price. The post Former Pakistan PM Khan arrested after court convicts him of graft appeared first on Daily Tribune......»»
Appeal of Civil Service Commission (1)
Does the Civil Service Commission or CSC have a legal standing to appeal to the Supreme Court a reversal or modification of its decision by the appellate court? The Supreme Court was once again confronted with this issue in the recent case of CSC vs. Fuentes (Fuentes) [G.R. 237322, 10 January 2023]. In laying down the guidelines as to when the CSC can appeal a reversal of its decisions, the Court found it necessary to revisit the mandate of the CSC and its powers and functions, and did a survey of jurisprudence which involved the same issue. The CSC’s role as the government’s central personnel agency is at the core of its mandate. From this overarching role stems all the others — the task to establish a career service; adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service; strengthen the merit and rewards system; integrate all human resources development programs; institutionalize a management climate conducive to public accountability; and report to the President and the Congress. Section 12, Chapter 3, Subtitle A, Title I, Book V of Executive Order No 292, otherwise known as the Administrative Code of 1987, enumerates the CSC’s powers and functions, which include, among others, the following: SECTION 12. Powers and Functions. The Commission shall have the following powers and functions: (6) Appoint and discipline its officials and employees in accordance with law and exercise control and supervision over the activities of the Commission; *** (11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. *** In the Fuentes case, the Court concluded that the CSC cannot thoroughly perform its constitutional mandate of being a central personnel agency without its power to discipline its officials and employees, and held that “the Commission’s role of being a central personnel agency would be unduly crippled without its disciplinary power.” The case of CSC vs Dacoycoy, G.R. No. 135805, 29 April 1999 (Dacoycoy): Dacoycoy categorically abandoned the Supreme Court’s earlier decision ruling that the civil service law “does not contemplate a review of decisions exonerating officers or employees from administrative charges,” firmly expanded the scope of an “aggrieved party” and declared that, as a party adversely affected by the ruling of the Court of Appeals exonerating the public official or employee, the CSC may appeal the Court of Appeals’ decision to the Supreme Court. The Supreme Court elucidated that under such circumstances, the CSC becomes an aggrieved party — a party adversely affected by the ruling of the Court of Appeals, which will “seriously prejudice the civil service system.” The case of CSC vs Mathay Jr., G.R. 124374, 15 December 1999 (Mathay, Jr.): Seven months after the Court’s promulgation of Dacoycoy, it decided on Mathay Jr. In declaring that the CSC had no legal standing to bring an appeal before the Supreme Court, the latter drew a line between Mathay Jr. and Dacoycoy by ruling that, while Dacoycoy involved nepotism — an administrative case “whose deleterious effect on government cannot be overemphasized,” Mathay Jr. merely involved reinstatement, an issue that can hardly “impair the effectiveness of government.” For this reason, the Supreme Court held that its ruling in Dacoycoy did not apply to Mathay Jr. The reasoning of the Court behind Mathay Jr. stemmed from the fact that the CSC’s power to hear and decide administrative cases instituted by or brought before it directly or on appeal is judicial instead of adversarial. Hence, CSC is more of a judge than a litigant. The Court went on to explain that as a quasi-judicial body with the role of an adjudicator, the CSC should be impartial and detached; and concluded that the CSC would risk becoming an advocate if it would be allowed to appeal to the Supreme Court. (To be continued) The post Appeal of Civil Service Commission (1) appeared first on Daily Tribune......»»
Teves,12 others tagged terrorists
The Anti-Terrorism Council or ATC has designated Negros Oriental Rep. Arnolfo “Arnie” Teves Jr. as a terrorist for allegedly masterminding the assassination of Gov. Roel Degamo last 4 March, which also resulted in the deaths of nine others. The ATC named the congressman, who had gone into hiding, as the leader of the Teves Terrorist Group, which allegedly included as members his younger brother, Pryde Henry Teves, and purported bagman Marvin Miranda. Pryde was unseated by the Commission on Elections after a recount of the votes cast in the 2022 Negros Oriental gubernatorial election showed that Degamo had won. Degamo was killed in a commando-style attack at his residential compound in Pamplona town. The slain governor’s wife, Janice, is the mayor of Pamplona. The assault happened just weeks after the Supreme Court upheld the Comelec’s proclamation of Degamo as governor. Also tagged as terrorists were Nigel Electona, Tomasino Aledro, Rogelio Antipolo, Hannah Mae Oray, Rommel Pattaguan, Winrich Isturis, John Louie Gonyon, Dahniel Lora, Eulogio Gonyon Jr. and Jomarie Catubay. In a three-page resolution dated 26 July and signed by Executive Secretary Lucas Bersamin that was released yesterday, the ATC said Pryde and Electona “provided material support” to Teves in furtherance of his alleged terrorist activities. “Investigation also revealed that Hannah Mae Sumero Oray handled the operational funds for the killings while Marvin H. Miranda acted as organizer and recruiter of personnel for specific terrorist attacks,” the ATC said. In April, Justice Secretary Jesus Crispin Remulla revealed the government’s intention to designate Teves as a terrorist, saying that his group’s alleged “activities that led to the killings are all covered by the Anti-Terror Law, [including] the recruitment, financing, purchase of firearms, and their distribution.” In hiding Teves has refused to come home after being located last in Timor-Leste, claiming his life was in danger. There was talk he was already in the Philippines under the protection of a former high government official. The House of Representatives had twice suspended Teves for refusing to heed Speaker Martin Romualdez’s plea to come home to face the charges against him. The Philippine National Police had filed a separate complaint against Teves before the Department of Justice last March over the alleged political killing of three other persons in Negros Oriental in 2019. A Degamo lawyer said the Teveses could be linked to as many as 60 killings in Negros Oriental. In reaction, Pryde said in a radio interview that his lawyers would appeal the ATC resolution. He expressed dismay that his right to travel and earn a livelihood would be affected by the order. Saying he would not leave Negros Oriental despite the tagging, the younger Teves said he would be the last to resort to terrorism because he had been a victim of violence. Meanwhile, Ferdinand Topacio, a lawyer of Congressman Teves, lambasted the ATC whose order, he said, demonstrated the government’s prejudgment of the case and “desperation” to take his client into custody. “Since day one of the Degamo killing, the government has mobilized all the resources at its disposal, starting with immediately tagging Teves as the mastermind thereof without investigation, conducting illegal searches on his properties, laying siege to his powers and prerogatives as a member of the House, embarking on a massive media campaign to discredit him and prejudice the minds of the public against him, among other things, all in an obsessive attempt to blame him for a crime at the expense of his constitutional rights,” Topacio said. Topacio questioned why the government had to use the ATC against Teves, in a case for which the Anti-Terrorism Law of 2020 was not “designed.” “The agencies of government, having eggs on their faces due to the recantation of all the key witnesses, the lack of evidence against Representative Teves, the public backlash against his obvious persecution, and the embarrassing failure of the authorities to bully him into returning to the country in spite of grave and serious threats to his life has expectedly weaponized the Anti-Terror Act by using it for the purpose for which it was not designed,” he said. When it was first floated that Teves would be tagged as a terrorist, he posted a video of himself wearing Muslim garb and laughing. The post Teves,12 others tagged terrorists appeared first on Daily Tribune......»»
Muntinlupa court junks DOJ s appeal to reopen De Lima s 2nd drug case
A Muntinlupa court has junked the prosecution's bid to reverse the acquittal of former Sen. Leila De Lima from one of her two remaining drug trafficking charges in May......»»
The vagaries of resignation (1)
The alleged involvement of high-ranking police officers, three generals, and 15 colonels, in the recycling, selling, and distribution of the prohibited drugs, if true, is the worst act that those who are tasked to enforce the law could commit. Such a commission is a crime, a betrayal of the trust reposed on them by the people, a violation of their oath of office as public servants, and unpardonable malfeasance in office. Based on their alleged participation in the illegal drug trade, their courtesy resignations, which submission was required of them by the Secretary of the Department of Interior and Local Government, and upon the recommendation of the five-man committee and the National Police Commission, mandated to evaluate their performance as police officers and to probe their engagement in the nefarious and illegal drug cartel, have been accepted by the President, as announced by the latter in his State of the Nation Address. The announcement was received with thunderous applause by the audience composed of the members of the Senate and the House Representatives, members of the Cabinet, Diplomatic Corps, local government officials, and other dignitaries and guests. Without delving into the reason for requiring almost a thousand higher-level of police officers to submit their courtesy resignations, and its acceptance by the Chief Executive, a citizen would welcome such development given the widespread talked-about and public perception of police personnel dipping their hands into the huge cookie jar of illegal drug money. The immediate reaction is one of elation from those who have heard of the termination of their services because they would certainly think that those whose resignations were accepted were guilty of serious misdemeanors or crimes, and therefore deserving of their being kicked out from the service. It is, however, vital to know the antecedents of the filing of their resignations to give objective and appropriate remarks on the issue. A few months ago, the DILG Secretary publicly announced that based on his department’s and the PNP’s investigation, there were a few ranking police officers involved in the prohibited drug activities hence, there was a need for a cleansing of the police organization. He, thereafter, decided that the best way to get rid of these police scalawags was to ask for almost a thousand police generals and colonels to hand in their courtesy resignations. Immediately this lawyer, on various platforms, including this column, criticized the DILG honcho on the inappropriateness and illegality of the directive. Inappropriate because if you want to exclude less than five police officers from the hierarchy, why include those who are on the list of suspected drug coddlers? It is illegal because the order (certainly not a plea, nor a request and neither an appeal, anybody who says otherwise is a poor liar) to resign violates the security of tenure given to all employees of the government. The phrase “courtesy resignation” is, in reality, a demand/directive to resign laced with threats and intimidation, which failure to comply with would result in adverse repercussions to the one who disobeys the same. This writer argued that the legal way to pluck out from the police force these scoundrels was to file administrative and/or criminal charges against them and be given the opportunity to defend themselves under the constitutional guarantee of due process. The argument of the DILG head that it would be only tedious to apply the regular way to removing errant police officers but they could, meanwhile, use their position to influence the outcome of the administrative/criminal case, is hogwash. Under the law, there is an automatic preventive suspension of 90 days upon the filing of the complaint and therefore there is no way the suspended police officer could interfere with the legal process using his/her position. A 90-day suspension is sufficient for law enforcement authorities to prosecute the suspected criminals in uniform. If they have enough evidence to hurdle the requirement of proof beyond a reasonable doubt in court, then the accused will be placed behind bars. By just asking them to resign, the suspected guilty ones were given the opportunity not only to make hay on their criminal activities but to cover up their crimes using their office and position as they remained in office for 7 months for the acceptance of their resignations. (To be continued) The post The vagaries of resignation (1) appeared first on Daily Tribune......»»
Pakistani, Indian lovers defy all to be together
Sachin Meena, 22, an unmarried Indian shopkeeping assistant and a Hindu, connected with 27-year-old Seema Haider, a married Pakistani mother of four and a Muslim, playing the online shooting game PUBG during the coronavirus pandemic in 2020. "We became friends and our friendship turned to love and our chats became longer -- every morning and night -- before we finally decided to meet," said Seema, speaking to AFP from the cramped courtyard of Sachin's two-room family home, where she now lives. Seema, who left Pakistan and her husband with her four children by smuggling herself into India via Nepal in May -- for which the couple were arrested then bailed out last week -- said she has since married Sachin and taken his name. "I converted to Hinduism," she said, sitting next to Sachin in the village of Rabupura, about 55 kilometres (35 miles) from New Delhi. "I'd rather die than return or leave Sachin". While the lovers have found each other, the history of their respective nations is bitter. India and Pakistan, both nuclear-armed nations, have fought three wars since being carved out of the subcontinent in 1947. Each expelled the other's high commissioner in 2019, and bilateral diplomatic, cultural, business and sporting links are very limited. Indian police insist that Seema's long-term stay will be impossible. "I request the Indian government to grant me citizenship", Seema pleaded, a red headscarf covering her hair and her four young children playing nearby. - 'Destined' - Apostasy is considered punishable by death in some interpretations of Islam. Seema said she had already received online threats and insisted the couple would "live and die together". Seema's proclamation of "undying love" for Sachin and a promise to only return to Pakistan "as a dead woman" when they featured on a raucous Indian TV debate this week drew cheers from the crowds sitting around them. Seema said she had been first attracted by Sachin's gaming skills. Three years later, the couple met in person in March in Nepal. She became sure about leaving her "abusive" Pakistani husband -- charges he denies -- after the first meeting. The couple said it took months of meticulous planning with help from YouTube videos on how to enter India via Nepal. In May, she succeeded. "It was very difficult to travel from Pakistan to India," she said. "I believe that with God's love, we were destined to meet". Sachin's family only learned of her existence when he rented a nearby apartment with her. "There was some resistance, but my father and everyone accepted us. They are happy for us," said Sachin. "I will do everything for them." Indian police found out after they tried to get married at a local court. - 'Still my family' - Seema's estranged husband, Ghulam Haider, left his job as a labourer and rickshaw driver to earn more money for his family in Saudi Arabia. Haider, who said he had not heard of PUBG, wants his family back. "I earnestly appeal to Indian and Pakistani authorities to bring my wife and children back to me," Ghulam Haider told AFP by phone from Saudi Arabia. Haider said the couple, from different Baloch tribes, have a defiant love story of their own. Forbidden by their families from marrying, they ran away to get hitched -- a taboo in Pakistan that can sometimes lead to so-called honor killings. "Later, a jirga (council of elders) was summoned to settle the matter and a fine of one million rupees (around $3,640) was slapped on me," he said. "I am far from my home, from my family, and it is very agonizing for me because we married out of love." 'She is an adult' In India, the couple have received a popular welcome. Crowds from nearby villages have been visiting them since their arrest grabbed national headlines. "We took selfies," said Rakesh Chand, 37, who drove over an hour to offer his congratulations, one of the dozens lining up to greet them. "Sachin is very happy, even his family has accepted them, so the government must ensure that she isn't forced to leave." But on the streets near her old home in Pakistan, Dhani Bakhsh village in eastern Karachi, the news has not been welcomed. While people know about Seema's story, few are willing to talk about the incident openly -- though they gossip in small groups on street corners. "Let's forget about her, as she has gone and she is an adult," said Haider's cousin Zafarullah Bugti, blaming PUBG for turning Seema into "a psycho". Seema herself is unrepentant, calling Sachin the "love of her life" and insisting she will dedicate herself to her family. "My children will get all the love, care and attention here," she said. ak-bb-pjm/qan/cwl © Agence France-Presse The post Pakistani, Indian lovers defy all to be together appeared first on Daily Tribune......»»
ICC confirms $30m reparations in DR Congo warlord case
The International Criminal Court on Friday confirmed a more than $30 million reparations package for thousands of victims of DR Congo warlord Bosco Ntaganda, including former child soldiers. Named the "Terminator" for his reign of terror in the vast African country in the early 2000s, Ntaganda was jailed for 30 years in 2019 for war crimes and crimes against humanity. Judges afterward awarded $30.3 million (27 million euros) in reparations, but last year ordered a review saying the number of victims was unclear. But on Friday "the Chamber unanimously assesses Mr Ntaganda's liability for reparations at USD $31,300,000," the Hague-based court said in a statement. Although Ntaganda is liable for the payment, the ICC found that he did not have the funds, which would now be paid from the Trust Fund for Victims at the ICC. Judges asked court officials to "continue exploring whether Mr. Ntaganda possessed any undiscovered assets" and monitor his finances "on an ongoing basis." Judges added that based on available information, there were an estimated 7,500 direct and indirect victims of violent attacks, as well as 3,000 direct or indirect victims of crimes against child soldiers. No financial amounts were given for specific victims, but payment would include around $11 million in socio-economic support and around five million dollars ($5 million) for mental care resulting from "psychological harm" suffered during the attacks. Rehabilitation of former child soldiers was estimated at around $4,000 per person. The ICC 2021 upheld a 30-year sentence on appeal for war crimes against Ntaganda. "The Chamber reiterates that Mr. Ntaganda's conviction is final and his liability to repair the harm caused to the victims of his crimes is under no discussion," the judges stressed in Friday's order. "The Chamber will continue striving to advance these reparation proceedings in the most efficient and effective manner possible... ensuring that the victims of his crimes receive the reparations they are entitled to, and for which they have waited for more than two decades, without further delay," they said. The Rwandan-born Ntaganda, 49, was convicted of 18 counts of crimes against humanity and war crimes, including murder, sexual slavery, rape, and using child soldiers. Ntaganda was the first person to be convicted of sexual slavery by the court. Many of the other charges related to massacres of villagers in the mineral-rich Ituri region of the Democratic Republic of Congo. The post ICC confirms $30m reparations in DR Congo warlord case appeared first on Daily Tribune......»»
A Moscow court upholds the detention of an American reporter until August on charges of alleged espionage
Moscow – MOSCOW (AP) – A Moscow court on Thursday rejected the appeal of Ivan Gershkovich, a Wall Street Journal reporter who was arrested on.....»»
Degamo Slay Case Answer raps, DoJ dares Teves
The Department of Justice has challenged suspended Negros Oriental 3rd District Rep. Arnolfo “Arnie” Teves to answer the complaint for multiple murder, multiple frustrated murder, and multiple attempted murder filed against him in the 4 March 2023 killing of Governor Roel Degamo and 10 persons. Senior Deputy State Prosecutor Richard Anthony D. Fadullon said a subpoena has been issued by a DoJ panel of prosecutors against Teves to answer the charges. Senior Assistant State Prosecutor Mary Jane E. Sytat is the head of the panel of prosecutors that will handle the case. Fadullon, however, did not mention any deadline for Teves to file his counter-affidavit and the date of the start of the preliminary investigation. Earlier, Teves was slapped with a second 60-day suspension as a legislator, as he continued to return home despite the lapse of his travel authority on 9 March 2023 citing “security reasons.” The embattled solon has been tagged as “one of the masterminds” in the killing of Degamo, the deaths of nine other persons, and injuries sustained by 18 individuals. He has denied the allegations. He was reported to have applied for political asylum with the Timor-Leste government which denied his plea. He appealed the denial before Timor-Leste’s Supreme Court. It was not known, as of posting, the status of the appeal. The National Bureau of Investigation filed the criminal charges against Teves on 17 May 2023 in connection with the killings. Aside from Teves, also charged were Angelo V. Palagtiw, Neil Andrew Go, Capt. Lloyd Cruz Garcia, Nigel Electona, and a person identified only with the aliases “Gee-Ann” and “Jie-An,” allegedly a sister of Palagtiw. The suspects were charged with 10 counts of murder, 14 counts of frustrated murder, and four counts attempted under the Revised Penal Code. Under the RPC, murder is a non-bailable offense and a heinous crime. The post Degamo Slay Case Answer raps, DoJ dares Teves appeared first on Daily Tribune......»»
Herbert Bautista on graft case: ‘Not guilty, politically motivated’
Former Quezon City mayor Herbert Bautista pleaded not guilty to graft charges he and his former city administrator Aldrin Cuña are facing before the Sandiganbayan Seventh Division, at their arraignment yesterday morning. Bautista called the charges "politically motivated." “Not guilty po tayo. (This is) politically motivated. The case was filed against me by the Quezon City government,” Bautista said after the arraignment. But he refused to say who is behind the filing of the case against him. “Kayo na bahala roon (It's up to you.),” he said. The graft case was in connection with the alleged anomalous computerization project worth P32 million that the two former city officials awarded to Geodata Solutions for an Online Occupational Permitting and Tracking System, despite the absence of a specific appropriation approved by the city council. The case was filed by the Ombudsman, which accused them of exercising "partiality" in awarding the contract. Quezon City Mayor Joy Belmonte reiterated this point to the Daily Tribune. “Ombudsman po ang nag-file ng case sa Sandiganbayan, hindi po QC government (It was the Ombudsman that filed the case with the Sandiganbayan, not the QC government),” Belmonte said. Enrico Mira, Jr., counsel for Cuña, tried to defer the arraignment by telling the graft court that they had filed a Motion to Quash a day before, but the Sandiganbayan denied the appeal, since Cuña failed to serve the prosecution a copy of the said pleading ahead of the arraignment date in violation of the Rules of Court. Associate Justice Theresa Gomez-Estoesta, the Division chairperson, immediately ruled that "Section 13 of the Rules of Court is clear. The motion is denied outright." She ordered that the pre-trial conference should commence, with both the prosecution and defense agreeing to the existence, due execution and authenticity of documents related to the Geodata contract such as Bids and Awards Committee Resolution, Notice of Award and delivery receipts, among others. Bautista also told reporters that he had served his city well, starting from the Kabatang Barangay (now Sangguinang Kabataan or SK) and becoming an honorary council member as youth representative, then vice mayor and finally mayor until his term ended in 2019. "I devoted myself to Quezon City for 34 years, and then because of politics, we have this (case),” Bautista said. The post Herbert Bautista on graft case: ‘Not guilty, politically motivated’ appeared first on Daily Tribune......»»
Sandigan denies Cunanan travel plea
The request of former Director General Dennis Cunanan of the now-defunct Technology Resource Center to travel abroad has been thumbed down by the Sandiganbayan’s special division of five justices by a vote of 3-2, labelling him a flight risk. Cunanan, who is still facing numerous charges in connection with his involvement in the multi-billion peso Priority Development Assistance Fund or pork barrel scam, filed a Motion for Leave of Court to Travel on 14 March to attend his daughter’s Purdue University graduation ceremony on 13 May. Cunanan stated in his plea that since the PDAF lawsuits were filed in early 2014, he has not been permitted to travel or see his daughter, and his attendance at her graduation is indispensable since such monumental occasions are infrequent. However, the court noted that his cases pending before the Sandiganbayan, as well as his convictions under appeal before the Supreme Court, may serve as a stepping stone for him to flee and never return to the Philippines. “Thus, there is a strong possibility that accused Cunanan’s travel abroad may be a ruse to abscond from his criminal conviction and prosecution in the country,” the 12-page resolution penned by Associate Justice Zaldy Trespeses with the concurrence of Associate Justices Rafael Lagos and Ma. Theresa Dolores Gomez-Estoesta read. In denying the motion, the anti-graft court specifically cited Cunanan’s indictment in several PDAF cases and his conviction on two counts of graft and two counts of misappropriation of public funds. “Accused Cunanan had already been convicted in SB-17-CRM-1496 and 1497, and in SB-17-CRM-0930 and 0940, both entitled People v. Gregorio Tipong, et al. Such convictions by Cunanan, though not yet final, make him a flight risk and necessitates that the court takes greater caution in determining whether he should be allowed to travel in order to safeguard the system of justice,” it said. The court also took issue with Cunanan’s wish to spend two weeks in the US, taking into consideration that the graduation ceremony is a one-day affair. Associate Justice Sarah Jane Fernandez, however, dissented, saying that the SC had already permitted Cunanan to leave overseas in a resolution dated 26 June 2022, notwithstanding the pendency of multiple criminal cases against him, including his conviction on some offenses. Fernandez, in her dissenting opinion, argued that prosecutors have no other basis for claiming that Cunanan should be considered a flight risk; thus, not allowing him to travel abroad unduly deprive him of his constitutional right to travel. While the graduation of the defendant’s daughter was a “rare and momentous occasion,” the majority of the justices, however, ruled that it was not an urgent necessity. The post Sandigan denies Cunanan travel plea appeared first on Daily Tribune......»»
Trump found liable for sexually abusing writer
A New York jury found Donald Trump liable Tuesday for sexually abusing and defaming an American former magazine columnist and ordered the ex-president to pay her $5 million in damages. The nine jurors rejected E. Jean Carroll's accusation of rape but unanimously upheld her other complaints in the closely watched civil trial, following less than three hours of deliberations. It marks the first time Trump has faced legal consequences over a string of sexual assault allegations dating back decades -- and the former leader immediately rejected the verdict as a "disgrace." Carroll, 79, sued Trump last year, alleging that he raped her in the changing room of the luxury Bergdorf Goodman store on Manhattan's Fifth Avenue in 1996. The former columnist for Elle magazine also claimed that Trump defamed her when he called her "a complete con job" after she went public with the allegation in 2019. Trump, the 76-year-old frontrunner for the Republican nomination in next year's presidential election, called her case a "hoax" and "a lie." The jury determined that Carroll had proved sexual abuse -- effectively sexual contact without consent -- by a preponderance of the evidence and awarded her $2 million. The six men and three women on the jury also said Trump should pay Carroll nearly $3 million for defamation. Following the verdict, Carroll left the Manhattan federal court smiling but did not speak to reporters. "We're very happy," said her lawyer, Roberta Kaplan. Trump slammed the outcome on his social media platform Truth Social. "I have absolutely no idea who this woman is," he wrote, using all capital letters. "This verdict is a disgrace -- a continuation of the greatest witch hunt of all time." Trump's 2024 campaign team said in a statement that the case was a "political endeavor" intended to derail Trump's bid to regain the White House, and that he would appeal. Carroll told the two-week-long civil trial that the assault had left her feeling "ashamed" and unable to have romantic relationships. She said it took her more than 20 years to go public because she was "frightened" by Trump. Her lawyers called to the witness stand two other women who testified that Trump sexually assaulted them decades ago. Former businesswoman Jessica Leeds said that Trump groped her in the business class section of a flight in the United States in the 1970s. Journalist Natasha Stoynoff said Trump kissed her without her consent during an interview at his Mar-a-Lago estate in 2005. Around a dozen women accused Trump of sexual misconduct ahead of the 2016 election that sent him to the White House. He has denied all the allegations and has never been prosecuted over any of them. No criminal case can stem from Carroll's lawsuit. Trump did not testify during the proceedings, nor did his defense team call any witnesses. A video of a sworn deposition he gave in October was played to the jury. In it, Trump called Carroll "a liar" and "really sick person." His lawyers argued that Carroll invented the allegation "for money, for political reasons, and for status." She filed her lawsuit under a New York law that gave victims of sexual assault a one-year window to sue their alleged abusers decades after attacks may have occurred. The burden of proof in civil proceedings is lower than in criminal trial cases when prosecutors must prove their case beyond a reasonable doubt. The case was one of several legal challenges threatening to complicate Trump's bid to regain the presidency -- although the Republican's supporters have broadly stayed loyal to their champion up until now. Last month, Trump pleaded not guilty to criminal charges related to a hush-money payment made to a porn star just before the 2016 vote -- allegedly to cover up an affair. Trump is also being investigated over his efforts to overturn his 2020 election loss in the southern state of Georgia, his alleged mishandling of classified documents taken from the White House and his involvement in the storming of the US Capitol by his supporters on January 6, 2021. The post Trump found liable for sexually abusing writer appeared first on Daily Tribune......»»