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‘Total lawfare’: Ukraine’s other front in the war
On 26 February 2022, while Russian tanks were barrelling towards Kyiv, Ukrainian lawyers were fighting on a different front, submitting a case against Moscow at the International Court of Justice. The gilded halls of the Peace Palace in The Hague, where the court sits, are a world away from the trenches of Donbas but Ukraine believes its legal attacks on Russia are a critical part of the fight. What cases are open in Ukraine's campaign of all-out "lawfare" against Moscow and, with little chance of Russian compliance, what's the point? Where are the legal front lines? The Hague, Strasbourg, and Hamburg. Ukraine has dragged Russia before the International Court of Justice (ICJ), which rules on disputes between nations, arguing that President Vladimir Putin abused the UN Genocide Convention when he used an alleged "genocide" in eastern Ukraine as a pretext for invasion. The final arguments in this case will be heard later Wednesday. Also in The Hague, the International Criminal Court (ICC) has issued an arrest warrant for Putin, accusing him of unlawfully deporting Ukrainian children, a war crime. Neither of these courts, however, can try Russian leaders, including Putin, for the crime of "aggression", defined as an attack on one state by another in breach of the UN charter. So a special group of prosecutors from Ukraine, the EU, the United States, and the ICC has been set up in The Hague with a view to establishing a special tribunal to bring senior Russians to trial. Ukraine also has cases open at the European Court of Human Rights (ECHR) in Strasbourg over alleged Russian human rights abuses. Finally, Ukraine also brought cases to the Permanent Court of Arbitration (PCA) in The Hague and the International Tribunal for the Law of the Sea in Hamburg over what it says is Russia's disregard for international maritime law. Will Russia comply? It seems unlikely that Russia would comply with any ruling from an international court -- for example, in March 2022, the ICJ ordered Moscow to immediately halt its invasion. Russia didn't even turn up to the hearings in that case. But it's far from an academic exercise, said Cecily Rose, assistant professor of public international law at Leiden University. "There are examples of cases in which Russia has complied at least partially with an adverse ruling by an international court," Rose told AFP, citing a 2015 verdict in which Moscow reportedly stumped up half the cash it was ordered to. "It shows that non-compliance cannot be cynically assumed. Most of the time, states do comply with awards and judgments rendered by international courts and tribunals." What's the point? Even if Russia doesn't comply, Kyiv and most legal experts think the international community needs to draw a line in the sand. "Some countries do not comply with the law, including Russia. However, it is still important to call them out and to bring a case against them when they do breach the law," said Melanie O'Brien, assistant professor at the University of Western Australia Law School. "The case demonstrates that other countries do not view Russia's conduct as acceptable -- but rather, as unlawful," O'Brien told AFP. A ruling from the ICJ against Russia would be a further element in isolating Moscow and confirming it broke international law, she said. "It is also an important acknowledgment for victims of human rights abuses and international crimes such as war crimes that what happened to them and their loved ones was not lawful," she added. Proving that Russia's actions were in contravention of international law could also be key in future peace negotiations, including over potential reparations, noted Rose. How long will it take? The wheels of justice grind slowly. The ICJ "genocide" case is only about whether the court even has jurisdiction. A special tribunal is politically sensitive and will take a long time to establish. But the wheels of justice also grind exceedingly fine. "Just because Putin won't comply with a ruling now, he won't be in power forever," said O'Brien. "At some point, a change of regime will occur and may lead to compliance with international law." The post ‘Total lawfare’: Ukraine’s other front in the war appeared first on Daily Tribune......»»
Settled doctrines on sexual harassment (3)
Sexual harassment engenders three-fold liability: Criminal, to address the wrong committed against society; civil, to address the private wrong against the offended party; and administrative, to protect the public service. Criminal liability for sexual harassment notwithstanding, the offended party may pursue a separate civil action. Aside from the actual perpetrator, the employer or the head of office or institution may also be impleaded in an independent action for damages. They would be solidarily liable for damages if they did not take immediate action on a sexual harassment complaint. Unlike in a criminal action where the penalty is a fine, imprisonment, or both, the penalty in an administrative action is, at most, dismissal from the service. This is because an administrative action seeks to protect the public service by imposing administrative sanctions on the erring public officer. In prosecuting an offender for sexual harassment, the intent is immaterial. The mere commission is sufficient to warrant a conviction. The threshold is whether an act violates and/or threatens the personal space and physical safety of another person, regardless of the motive for committing the act. Guided by the foregoing, let’s take a quick look at actual cases of sexual harassment decided by the Supreme Court. In the case of Escandor v. People (G.R. No. 211962, 6 July 2020), the complainant testified to several acts of sexual harassment, including the respondent’s acts of grabbing her hand, kissing her, engaging in improper conversations, touching her thigh, giving her gifts, telling her that “she was the kind of girl he really wants,” asking her out on dates, and sending her text messages telling her that he missed her, that she looked beautiful, and that he loved her. The complainant stated that these acts made her feel disrespected, humiliated, cheap, uneasy, and frightened. She also could not concentrate on her work, could not sleep, and found herself “staring into empty space.” Without any doubt, the Supreme Court held that the respondent’s acts resulted in an intimidating, hostile, and offensive environment for the complainant, thereby making him guilty of sexual harassment. In another case (A.C. No. 5900, 10 April 2019), a professor was charged for allegedly unwanted sexual advances or innuendos against his students. One of his students recounted that in one of her class recitations, she sought clarification of a question propounded to her, saying, “Sir, come again?” The professor retorted, “What? You want me to come again? I have not come the first time and don’t you know that it took me five minutes to come, and you want me to come again?” In his defense, the professor said the joke was intended for himself and that in fact, the students had laughed at the joke. In ruling against the professor, the Supreme Court stated that the professor’s remarks could not be categorized as an innocent joke meant only to lighten the mood of the class. It was readily apparent that the remark was tasteless, vulgar, and crude and had no place in an academic setting. It was not clever wordplay or a mere statement with a sexual innuendo as its intended meaning was obviously discernible. The professor’s attempt at humor failed miserably as his words clearly referred to himself needing five minutes to ejaculate again. The professor’s statements made the student uncomfortable and embarrassed her in front of her classmates as it went beyond an innocent joke and was instead a gross graphic and insensitive remark. Thus, the Supreme Court ruled that the professor abused the power and authority he possessed over the students. His sexually laced conduct had created a hostile and offensive environment that deeply prejudiced his students. In what was supposed to be a safe place for them to learn and develop, they were instead subjected to unwarranted sexual advances. In another case, however, the Supreme Court clarified that casual gestures of friendship and camaraderie, done during festive or special occasions, and with other people present do not constitute sexual harassment. In Aquino v. Acosta [429 Phil. 498 (2002)], the Supreme Court ruled that the act of greeting a person with a kiss on the cheek, in “beso-beso” fashion, was not shown to have been carried out with lustful and lascivious desire or was motivated by malice or ill motive. The Court explained that pecks on the cheeks should be understood in the context of having been done on the occasion of some festivities, as busses on cheeks were simply friendly and innocent, bereft of malice and lewd design. Ultimately, therefore, it is a matter of respecting each other’s boundaries and creating safe spaces for everyone. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Settled doctrines on sexual harassment (3) appeared first on Daily Tribune......»»
NDCP@60: Taking the lead in national security
This year, the National Defense College of the Philippines celebrates its Diamond Jubilee. Sixty years ago, on 12 August 1963, President Diosdado Macapagal signed EO No. 44, ordering the establishment of the National Defense College of the Armed Forces of the Philippines or the NDCAFP. Its mission was to prepare potential defense leaders to assume and discharge the responsibilities of high command, staff, and policy-formulating functions within the national government and the national and international security structure. The NDCAFP evolved when, on 11 May 1973, President Ferdinand Marcos Sr. issued PD No. 190 creating the National Defense College of the Philippines or NDCP and providing an Academic Board therefor. The college was given the power to confer the degree of Master in National Security Administration or MNSA on its students who would have satisfactorily completed the prescribed course of studies. The decree, and subsequently the Revised Administrative Code of 1987, likewise gave graduates of the regular course of the college the “authority to use with honor the abbreviations MNSA after their names.” On 29 February 2012, through Department of National Defense Circular No. 04, the MNSA, or its equivalent, was made a requisite for designation to O-7 (Brigadier General and Commodore) rank in the AFP. The NDCP is the highest national security policy and strategy school in the country. Its mission is to prepare and develop potential national security leaders for positions of responsibility and command and undertake research and special studies geared toward the enhancement of national defense and security policy formulation and decision-making at the strategic level. The MNSA program is the main educational program of NDCP. It is a one-year, full-time, and intensive master’s degree course earned through various forms of classroom work, case studies, regional security and development studies, and academic enhancement travels. Since the college opened its first Resident Course or RC in 1966, it has produced roughly 3,000 national security graduates who have occupied and continue to occupy top positions in government and the private sector. It has produced a President and a Vice President of the Republic. In the legislature, it has had at least five Senators and numerous members of the House of Representatives. Several of its graduates have occupied top positions in civilian government as Cabinet Secretaries, Undersecretaries, Assistant Secretaries, and Directors and their equivalents. In local government, several of its graduates have become Governors, Vice Governors, Board Members, Mayors, Councilors, and local government administrators and executives. It has several graduates in the judiciary and the foreign service. In the military, NDCP has produced AFP Chiefs of Staff, Major Service Commanders, and numerous Generals and Flag Officers. In the private sector, its graduates have occupied top positions in their respective companies. The basic principle that all MNSA graduates commit to live by is the strengthening of national security. The NDCP operational definition of national security is “the state or condition wherein the people’s way of life and institutions, their territorial integrity and sovereignty, including their well-being, are protected and enhanced.” Every MNSA graduate will not only look at national security from the point of view of territorial integrity and sovereignty but will consider all matters that affect the people’s way of life, institutions, and well-being. An MNSA graduate automatically looks at the politico-legal, economic, socio-cultural, techno-scientific, environmental, and military or PESTEM aspects of problems, situations, and issues, with the end view of protecting and enhancing national security. Today, 60 years after its establishment, NDCP continues its mission of producing national security leaders and experts who will face the current and future security challenges of the nation. In a constantly changing world and security environment, the Filipino people can be assured that NDCP and its alumni will be there for them. The post NDCP@60: Taking the lead in national security appeared first on Daily Tribune......»»
DepEd: ‘Beautiful opening’ for Palaro, no plans for extension
The Department of Education has no plan to extend the 2023 Palarong Pambansa despite bad weather hampering the annual sports meet. "We give full credit to the City of Marikina for hosting of this year's Palarong Pambansa, particularly the very fabulous opening program," DepEd Assistant Secretary for Operations and Palarong Pambansa 2023 Secretary General Fancis Cesar Bringas told reporters in an interview. "Despite the rain, we were able to get through this. The Marikina City and the Department of Education has delivered its promise for a beautiful opening program today," Bringas added. He, however, stressed that there will be some adjustments in the schedules of the different games depending on how long the rain is going to be. "For the indoor sports, I don't think there's going to be some any extension in the number of days. But for the outdoor events, we will be looking at adjustments in schedules based on the rules of these specific games. There are going to be alternative schedules for that. We will not be extending that long because an extension of more than one day would be costly for the city as well as the delegations," Bringas said. He also said that the city government has stationed medical teams in the billeting quarters and playing venues to ensure the health and safety of the delegations. "The city has stationed a medical team and even the delegations themselves brought their own medical teams," Bringas said. The DepEd official also said that the city government will shoulder the hospitalization of delegates in case of injuries and accidents during the Palaro. "If there are going to be hospitalizations, the city has covered hospitalization fees in 10 private and public hospitals in the City of Markina," Bringas said. According to him, around 7,200 athletes, coaches, assistant coaches and trainers from various regions are now in Marikina City to compete in the sporting event. "In total, our delegations are a little over 11,000 and that includes all the committees of the different delegations," he said. Bringas also thanked President Ferdinand Marcos Jr. for supporting the programs of the Department of Education. "You know it's very important that we get always the affirmation of the President when it comes to the different programs of the Department of Education," he said. "This has got to show that it takes a Vice President and a President to lead the direction for the Department of Education, not only for the academic skills of learners but also their holistic development -- and that includes sports," the DepEd official added. President Marcos and Vice President Duterte led the formal opening of this year's Palarong Pambansa at the Marikina Sports Center. The post DepEd: ‘Beautiful opening’ for Palaro, no plans for extension appeared first on Daily Tribune......»»
Prices rise and fall
In the law of supply and demand, it’s generally held that prices rise and fall. Differently stated, if supply is greater than demand, the price is low; when demand is greater than supply, the price is high. Along with this market behavior, there’s either government failure or market failure as corrective tools to protect consumers or producers, even both. The average family household is most concerned about its monthly water and electricity bills as these are the two basic necessities of urban living. Roads constitute a public good but not so in the case of toll expressways. Water is likewise a public good but, again, not so when it is managed by water concessionaires (i.e. Manila Water and Maynilad). Electricity also ceases to be a public good when it is run by electric cooperatives in some rural areas or Meralco in the case of Metro Manila and the provinces of Bulacan, Cavite, Laguna, Batangas, Rizal, Quezon. On the issue of electricity, Dr. Maria Fe Mendoza has written, “Politics and Dynamics of Electricity Regulation: The Case of ERB and Meralco.” Quickly, as a sort of “disclaimer” found in the End Notes of her 60-page article is thus: “Caution and restraint have been initially exercised in presenting this case study so as to uphold the principle of sub judice when discussing court decisions.” She calls it her two cents-worth of opinion in the spirit of academic freedom. The contemporary scene wherein the Court of Appeals nullified the decision of the Energy Regulatory Commission to deny the rate hike petition jointly filed by power distributor Manila Electric Co. and two units of conglomerate of San Miguel Corporation due to losses overshadows the “findings and inferences” embedded in Mendoza’s well-documented research on regulatory governance. Specifically, in the instant case, the “surge of fuel costs” may have compelled SPPC and SMEC to suspend the power supply agreement with Meralco as the CA denied their rate hike proposal. Meanwhile, the largest electricity distribution utility suffers from daily losses, while consumers live in fear of imminent rate increases. Meralco’s hands appear to be tied after it was denied a rate hike and the termination of its contracts (i.e. Meralco to suspend PSA). If we contextualize developments affecting the regulator arising from these so-called “quasi-judicial” and “judicial proceedings” within ERB and the courts, it would be easy to validate the interesting findings of Dr. Mendoza. For scholars of public policy, there ought to be a shift in bureaucratic mindset — one perhaps that can accommodate the notion that typical problems arising from rate adjustments gravitate around a management issue. Interestingly, as a lesson learned, Dr. Mendoza has this to say, viz., “With regard to who benefited, the study learned that rate regulation is a pendulum of forces and legal maneuvers that swayed in favor of the utility firm at some points and tilted in favor of the consumers and the regulator at other points.” Further, she adds: “Because of the quasi-judicial nature of the processes and procedures adopted by ERB for rate regulation, ERB would insist it was only following rules. Thus, the ERB (i.e. Case 93-118, as cited) transcended beyond the quasi-judicial policy arena towards the judicial arena and became regulation by lawsuits.” Truly, in iteration, “due to the legal mindset of most of our leaders and regulators, reforms in the regulators and our model of regulation would take a lot more time and, hence, debates, deliberations, hearings and other legal and policy proceedings would be required before consensus is arrived at and change effected.” As suggested, regulation can be redefined as not a question of facts or of law. Both regulator and regulated could be more pragmatic to achieve a win-win further down the policy path — increased “managerialization” of government as against “judicialization.” The post Prices rise and fall appeared first on Daily Tribune......»»
Unsound climate studies sneak into print: scientists
Misleading studies sowing doubt about climate change are getting into peer-reviewed journals, scientists warn, citing recent papers linked to a lawsuit in Germany whose authors denied conflicts of interest. Observers have long questioned the growing number of research journals that take fees from eager academics but often publish their work without rigorous review. Biased authors, they say, are taking advantage of an overloaded assessment system, undermining the scientific evidence that provides the bedrock for climate action. "The recent explosion of so-called 'predatory journals' is creating problems that are pro-actively explored by climate sceptics," said Carl Schleussner, a scientist at research group Climate Analytics. "It opens the door to those who want to willingly get dubious research out there." AFP Fact Check's full investigation is published at u.afp.com/i2qZ. Peruvian glacier study One study denied that human-driven warming was to blame for the melting of a Peruvian glacier and consequent flood risk. Two of its authors are former executives of RWE, a German energy company targeted by a lawsuit over the glacier, and both are prominent climate contrarians. Their study appeared in November 2022 in the Journal of South American Earth Sciences, which is owned by the major Dutch publisher Elsevier. Like many others, the journal charges authors for submissions, which are then supposed to be vetted by qualified experts before being published. The paper attacked the findings of an earlier study by scientists at Oxford University that a plaintiff in the Peruvian case -- a local farmer who says RWE's carbon emissions contributed to warming -- is citing as evidence. Nathan Stansell, a palaeoclimatologist at Northern Illinois University, is one of the scientists whose work was cited in the German-led paper. The paper was "fraught with misinformation, mischaracterizations and bias," he told AFP. It presented a "debunked argument that since it was warm in medieval times, then there was nothing alarming about recent warming. "The bulk of the paleoclimate community recognises that the groups trying to spread this fallacy cannot compete with sound scientific data." Two other scientists cited in the study, Ben Marzeion of the University of Bremen and Jorge Strelin of Cordoba University in Argentina, also told AFP their work was misused. Strelin said a graphic in the study, drawing on one used in his own work, omitted data showing the sharp retreat of one glacier over recent decades. The two ex-RWE men, lead author and geologist Sebastian Luening and chemist-turned-politician Fritz Vahrenholt, did not respond to AFP's requests to comment. The author of the Oxford study, Rupert Stuart-Smith, submitted to the journal a formal scientific rebuttal of Luening's paper, contesting its use of certain data and detailing what he called "inaccurate or misleading assertions." Elsevier communications executive Andrew Davis told AFP the journal's editors "did not detect unethical behaviours and it is their belief that the two research groups simply did not agree with each other." But the publisher acknowledged the failure to include a disclosure of the authors' links to RWE in the study. The disclosure did appear in a preliminary "pre-proof" of the paper but disappeared from the version published in November 2022. "The publisher would like to apologize for any inconvenience caused," Elsevier said in an email to AFP. It said the disclosure would be added back into the study after approval from the authors. Firm denies funding study Another paper on the Peru glacier appeared in the journal Remote Sensing, from publisher MDPI, in 2021. The study reviewed three years of data on ice-flow velocity and assessed the risk of avalanches and floods, concluding that there was no evidence that a flood was imminent. Stansell said this conclusion should have been dealt with in a separate study as it "seems out of place and doesn't relate directly with their principal findings". A 2022 article by investigative media group SourceMaterial said the study was produced with funding from RWE. It cited the authors as denying this. The authors did not respond to AFP. RWE spokesman Guido Steffen told AFP the study "was made independently from RWE and the court case and it was not funded or paid for by RWE." Regarding the Luening study, he said: "We did neither commission that study nor play any role in producing it." Extreme weather study slammed In September 2022, top climate scientists called for the withdrawal of a paper that claimed scientific evidence of a climate crisis was lacking. The peer-reviewed paper by four Italian scientists appeared in the European Physical Journal Plus, from prestigious science publisher Springer Nature. Four scientists told AFP the study manipulated data and cherry-picked facts about extreme weather events. In response, Springer Nature put a warning notice on the article and said it was investigating. In late March 2023 Christian Caron, executive publisher of Springer Nature, told AFP the investigation was "progressing but still ongoing. "Additional material received as part of the investigation is currently following the usual procedures of an extensive peer-reviewing process, which may take more time than anticipated." Payment for publication is a time-honoured part of the business model among peer-reviewed journals. Their reputation relies on being the gold standard in scientific publishing, through external reviewers who are supposed to weed out false papers and reject sketchy or biased use of data. But the low-cost advantages of publishing on the internet have led to an explosion of peer-reviewed journals and, say some, standards have fallen. Ivan Oransky, co-founder of Retraction Watch, a blog that tracks thousands of withdrawals of academic papers each year, told AFP some authors sought to get unsound work published in journals with a lax peer-review system that used unqualified reviewers. "A lot of junk gets through peer review," he said. "It is really time that everybody admitted that, so that we can try and do better." The post Unsound climate studies sneak into print: scientists appeared first on Daily Tribune......»»
UP professor arrested in SSS case cleared
The Quezon City Regional Trial Court has dismissed the charges filed against a University of the Philippines Diliman professor and former president of an academic employees’ union, who was arrested by the police last month in connection with her supposed failure to remit the Social Security System contributions of her house helper......»»
Envoy barred from spy trial
Australia’s ambassador to China was on Thursday barred from the trial of an academic held on spying charges, in a case that has exacerbated a bitter row between the two nations......»»
Ombudsman junks case vs suspended Tabuk City, Kalinga mayor
Tabuk City, Kalinga province Mayor Darwin Estranero will be back to work on April 1 after the case filed against him in connection to the alleged overpricing of medical equipment for his town was dismissed by the Office of the Ombudsman......»»
ED attaches asset worth Rs 70 lakh in bank fraud implicating Hyderabad-based Jasleen Enterprises
New Delhi [India], March 28 (ANI): The Directorate of Enforcement (ED) has attached an immovable property valued at Rs 70 lakh in a bank fraud case involving Jasleen Enterprises headquartered in Hyderabad. The Hyderabad division of the ED attached the fixed asset in accordance with the stipulations outlined in the Prevention of Money Laundering Act (PMLA) of 2002. ED initiated investigation on the basis of First Informati.....»»
Emergency protocols in case of bridge collapse sought
Emergency protocols in case of bridge collapse sought.....»»
House leaves Quiboloy’s fate to Senate
The House of Representatives will no longer pursue and implement the warrant of arrest it issued against pastor Apollo Quiboloy after it approved on final reading the bill revoking the franchise of the evangelist’s alleged TV network......»»
DOJ charges 2 alleged NPA financiers with terrorism financing
According to the DOJ, the case stemmed after reports that Dumlao and Tolentino possessed firearms and ammunition without a clear source of income or apparent purpose......»»
Philippine scientists harassed by China helicopter
Another case of harassment at sea by the Chinese has been reported – this time near Pag-Asa Island last Saturday – involving a helicopter, which hovered dangerously close to a group of Filipino scientists doing research work on a sand bar called Sandy Cay, causing minor injuries......»»
From the Newsrooms: March 17 to 23, 2024
By: CMFR StaffPosted on: March 25, 2024, 8:00 amUpdated on: March 25, 2024, 1:00 am THIS WEEK, "From the Newsrooms" looks at the media coverage of two events. On March 20, a hearing in the House on the Philippine Coast Guard (PCG) revealed that Chinese nationals were included in the Philippine Coast Guard Auxiliary (PCGA). On March 21, Arnolfo Teves, the alleged mastermind of the Pamplona.....»»
Philippine scientists harassed by China helicoper
Another case of harassment at sea by the Chinese has been reported – this time near Pag-Asa Island last Saturday – involving a helicopter, which hovered dangerously close to a group of Filipino scientists doing research work on a sand bar called Sandy Cay, causing minor injuries......»»
Solon bats for expansion of motorcycle taxis outside Metro Manila
A House lawmaker has voiced his support for expanding the government's allotment of motorcycle taxis outside Metro Manila as the Land Transportation Franchising Regulatory Board is set to greenlight the participation of more players in its pilot study......»»
Second graft case filed vs Magalong
Baguio Mayor Benjamin Magalong is facing another graft case before the Office of the Ombudsman in connection with the allegedly anomalous improvement and rehabilitation of a P50-million multipurpose building in Barangay Irisan......»»
Digital connectivity space tackled in amendments to National Building Code
A pending legislation at the House of Representatives amending the 47-year-old National Building Code of the Philippines would make it more responsive to the broadband connectivity demands of a digital economy, a citizen advocacy group said......»»
From the Newsrooms: March 17 to 23, 2024
By: CMFR StaffPosted on: March 25, 2024, 8:00 amUpdated on: March 25, 2024, 1:00 am THIS WEEK, "From the Newsrooms" looks at the media coverage of two events. On March 20, a hearing in the House on the Philippine Coast Guard (PCG) revealed that Chinese nationals were included in the Philippine Coast Guard Auxiliary (PCGA). On March 21, Arnolfo Teves, the alleged mastermind of the Pamplona.....»»