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Appellant’s Brief
Jurisprudence holds that the right to appeal is neither a natural right nor a part of due process; it is merely a statutory privilege and may be exercised only in the manner and in accordance with the provisions of law. (Fenequito v. Vergara Jr., G.R. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites laid down in the Rules of Court. With respect to ordinary appealed cases to the Court of Appeals (CA), Section 7, Rule 44 of the Revised Rules of Civil Procedure requires an appellant to file an Appellant’s Brief with the CA within forty-five days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. 13991, 29 September 2000), the purpose of the Appellant’s Brief is to present to the court in coherent and concise form the point and questions in controversy, and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. Failure to file an Appellant’s Brief within the prescribed period is a ground for the dismissal of the appeal. However, the SC clarified in Sindophil Inc. v. Republic (G.R. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision meant that the dismissal of the appeal by the CA is directory and not mandatory. This means that the failure to file an Appellant’s Brief within the reglementary period would not automatically result in the outright dismissal of the appeal as the CA is bound to exercise its sound discretion whether to allow the appeal to proceed or not. The SC explained that the allowance of the appeal despite the failure to file an Appellant’s Brief must be decided by the CA taking into account all the factors surrounding the case. Its discretion must be exercised with due regard to justice and fair play under the circumstances. The question of whether or not to sustain the dismissal of an appeal due to the appellant’s failure to file the Appellant’s Brief had been raised before the SC in a number of cases. In some of these cases, the High Court relaxed the Rules and allowed the belated filing of the Appellant’s Brief. In other cases, however, the Court applied the Rules strictly and considered the appeal abandoned, which thus resulted in its eventual dismissal. Finally, in Government of the Kingdom of Belgium v. Court of Appeals (G.R. No. 164150, 14 April 2008), the SC revisited the cases which it previously decided and laid down the following guidelines in confronting the issue of non-filing of the Appellant’s Brief: (1) The general rule is for the CA to dismiss an appeal when no appellant’s brief is filed within the reglementary period prescribed by the rules; (2) The power conferred upon the CA to dismiss an appeal is discretionary and directory and not ministerial or mandatory; (3) The failure of an appellant to file his brief within the reglementary period does not have the effect of causing the automatic dismissal of the appeal; (4) In case of late filing, the appellate court has the power to still allow the appeal; however, for the proper exercise of the court’s leniency[,] it is imperative that: (a) the circumstances obtaining warrant the court’s liberality; (b)that strong considerations of equity justify an exception to the procedural rule in the interest of substantial justice; (c) no material injury has been suffered by the appellee by the delay; (d) there is no contention that the appellee’s cause was prejudiced; (e) at least there is no motion to dismiss filed. (5) In case of delay, the lapse must be for a reasonable period; and (6) Inadvertence of counsel cannot be considered as an adequate excuse to call for the appellate court’s indulgence except: (a) where the reckless or gross negligence of counsel deprives the client of due process of law; (b) when application of the rule will result in outright deprivation of the client’s liberty or property; or (c) where the interests of justice so require. *** 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 Appellant’s Brief appeared first on Daily Tribune......»»
Business mission to lead RP-Russia agri partnership
The Department of Agriculture on Tuesday reported that it took part in the Business Mission of Russian companies, organized by the Ministry of Agriculture of the Russian Federation and Agroexport Center, which recently concluded in Manila on 21 June 2023. The event aimed to foster collaboration and explore potential business opportunities between the two countries. The DA’s said its participation in the mission is expected to pave the way for more partnerships and initiatives that will benefit the Philippine agriculture industry. DA Undersecretary Agnes Catherine T. Miranda represented the Department and conveyed her appreciation to the Russian Federation for their ongoing bilateral trade with the Philippines. She highlighted that Philippine agriculture exports to Russia have grown by 26 percent from 2018 to 2021. The opening ceremony was followed by a tour of the booths belonging to 15 agribusiness companies mainly involved in industries such as poultry products, dairy, pork, wheat, grain, and tea, among others. The main event was the plenary session “Russia-Philippines: prospects for the development of cooperation in the field of agriculture,” wherein Undersecretary Miranda and Bureau of Animal Industry Director and Philippine Chief Veterinary Officer Dr. Paul C. Limson delivered the prospects for mutual trade between the two countries. The spotlight was on the emerging agricultural products of the Philippines, including pili, calamari, carrageenan, and coconut abaca. Undersecretary Miranda mentioned that there are excellent capital investment opportunities in cold storage and processing facilities for fresh and value-added farm products throughout the islands. Director Paul Limson presented the Philippine guidelines for ensuring food and animal health safety during accreditation procedures for exporting meat and meat products to the country. Top agriculture exports to Russia are desiccated coconuts, carrageenan, banana chips, coconut milk, and Cavendish banana. The post Business mission to lead RP-Russia agri partnership appeared first on Daily Tribune......»»
Fleeting glimpse, lasting impression
New creations and classic pieces were recently showcased at the first-ever Boutique “L’éphémère” for mothers at The Rockwellist of Power Plant Mall Boutique. Special gratitude pricing was offered exclusively for the boutique. Unique artisan creations such as 100-percent Philippine tropical handwoven clothing, accessories and home decor made with local sugarcane fabric, and intricate contemporary lamps that showcase Philippine craftsmanship were all on display. Brand founders Artifeks by Clair Concepcion Barberis, Kanya by Bea Roxas and Maison Métisse by Adrienne Charuel are creating brands that focus on sustainability, community and quality creations that inspire a more mindful lifestyle. For the home, Barberis thought of using local and upcycled materials with an elevated contemporary aesthetic. In-house skilled Filipino artisans manufactured one-of-a-kind handcrafted objects for the luxe artisan brand Artifeks. Roxas’ creations were made by harvesting and spinning sugarcane yarns, weaving them into textiles and transforming them into beautiful products. Bags and home accessories made from plant to product make Kanya a sustainable brand. [caption id="attachment_136675" align="aligncenter" width="658"] PHOTOGRAPH COURTESY OF IG/KANYA.PH | JERWIN bag by Kanya.[/caption] A slow fashion brand with its own weaving atelier that produces clothing and accessories highlighting 100-percent natural Philippine handwoven textiles, natural/eco-friendly dyes and hand embroidery is Maison Métisse. Here’s what Adrienne Charuel told Daily Tribune: Daily Tribune (DT): Can you tell us something about the designs and creations? Adrienne Charuel (AC): We focus on 100-percent hand-woven Philippine textiles, where we weave fabrics with Philippine pineapple, cotton and silk fibers. We transform them into wearable garments. We also introduce our creations with natural dyes and eco-friendly dyes. All of it is tied up with artists and communities. Then our other brand is Kanya, which is the founder of barrel house, where she does her bags and home accessories made with sugarcane textiles. So she actually has a sugarcane farm. And she does everything from her sugar cane stripping it off to flavors to yarns to the textile and to her finished bags. And then the last brand is Artifeks where my friend, makes these artisan lamps which she does like a mid-century interpretation of Philippine furniture. And so she works a lot with local materials like palm coconut tree lamps. DT: What is this made of? (Tree decor) AC: It’s made with recycled tin cans. They literally flattened it and she cuts off each piece and makes it into all of these beautiful little pieces. So very artisanal and handcrafted. [caption id="attachment_136674" align="aligncenter" width="525"] PHOTOGRAPH BY SONNY ESPIRITU FOR THE DAILY TRIBUNE | ARTISAN tree lamp made of recycled tin cans.[/caption] DT: What about Maison Métisse? AC: I put everything, Philippine tropical fabric, where it’s really made in the Philippines. So I’m proud to say that women’s garments are really 100-percent Filipino from the fibers to the art, the science and the designer, which is me. And then even for our hand crochet products. It takes eight to 10 days to make this. We really work with artists and we have our own weaving. I really wanted to get into weaving our own Philippine tropical fabric which makes it unique. DT: How do you choose the color and fabric to use? AC: For the handwoven, I’m keeping it simple because I was inspired more by white luxury, simple wearables. I do have my very colorful fabrics which are eco-friendly and organic. Then, of course, I worked with neighboring areas from northern design in Abra. And I’ve been working with them since 2018, to embellish it. DT: How do you often change? Or how do you often create new pieces? AC: The most ideal, one to two collections in a year. Just one because everything is handpicked and it takes either 10 days. So just imagine our timeline, in terms of producing and I wouldn’t have it any other way. Because everything is artisanal and handcrafted. DT: Why do you prefer local artists and products? AC: I’ve always loved anything handcrafted because there’s really a story and a heritage behind it. Like if you look at the handcrafted items and I love that because the person who created that, their personality, their attitude, their emotion at that moment, when they’re creating something, you feel it when you look at fabric, so it has its own charm, and it’s unique to the person who made it at that specific time. Maybe she’s having a bad day, maybe she’s having a tough day, but textiles will always carry that. DT: You studied in France. Do you consider yourself studying in a different country in Europe? Or maybe South America because of Latin or maybe China? AC: No idea for the moment. But I would really love to further my studies in Bali, Indonesia and India. I went there once and I really fell in love with the textiles and they also are pioneers in terms of natural dyes and textiles. The post Fleeting glimpse, lasting impression appeared first on Daily Tribune......»»
PH eyes modest $31-M export deals at China expo participation
The Philippine delegation is targeting to attract over 1,300 buyers and generate a modest $31 million worth export deals at the upcoming China International Import Expo (CIIE), significantly lower than the $300 million the Philippines realized during last year’s China International Import Exposition (CIIE). Trade and Industry Secretary Ramon M. Lopez said the apparently lower sales target this year may mean on the spot deals only and may not include post CIIE sales attributed to said expo. “Factoring also that this year is Pandemic year. This is a hybrid show this year, where the goods are displayed but negotiations are done via the online B2B facility. The target is also based on the reduced pavilion size this year, as well as the projected decrease in the number of buyers attending CIIE this year,” said Lopez. Philippine mango and pili nuts are among the products that will be showcased under the FOODPhilippines Pavilion. Already, DTI’s Export Marketing Board and the Center for International Trade Expositions and Missions (CITEM) facilitated initial talks with the Philippine delegation and 40 Chinese buyers in a video conferencing. These Chinese buyers are importers, distributors, and retailers. During last year’s CIIE, Philippine exhibitors booked around $300 million in sales at the second CIIE, more than double the $124 million recorded sales in 2018. This year’s third CIIE will be held on Nov. 5-10 in Shanghai. In the B2B session, Chinese buyers expressed interest in working together with Philippine companies that produce fresh fruits and vegetables, chocolates, healthy snacks, seafood, beverages, and condiments. For this hybrid participation, there will be a mix of physical product presentation in the pavilion that will be facilitated by onsite officers from the DTI trade posts in China and online B2B matching activities between our companies in Manila and the Chinese buyers who will visit the Philippine booth in Shanghai, according to CITEM Executive Director Pauline Suaco-Juan. With the theme “Healthy and Natural,” 40 Philippine companies will exhibit and sample the country’s wide range of tropical fruits and vegetables, processed fruits and nuts, healthy snacks, seafood and marine products, and other premium food selections. The FOODPhilippines pavilion will feature interactive conference pods for the first time in CIIE to enable virtual business-to-business (B2B) activities and video conferencing. In place of actual Philippine exhibitors manning the booths, Philippine Commercial Counsellors will represent the government and exhibitors, promote exhibitor brands and products onsite, and relay all business leads and contacts generated during the show. The participation in CIIE is organized in partnership with the Foreign Trade Services Corps (FTSC) through the Philippine Trade & Investment Centers (PTICs) in Beijing, Shanghai, Guangzhou, and Hong Kong, and the Export Marketing Bureau (EMB). Government partners are the Department of Agriculture (DA) through the Office of the Agricultural Counsellor in Beijing (DA-OAC-Beijing) and the Department of Foreign Affairs (DFA). The Philippine mango and pili nuts are among the products that will be showcased under the FOODPhilippines Pavilion.project is likewise supported by business associations such as the Philippine Exporters Confederation, Inc. (PHILEXPORT) and the Federation of Filipino-Chinese Chambers of Commerce & Industry, Inc. (FFCCCII). Leading the FOODPhilippines’ opening in CIIE are representatives from the Philippines and China, namely the Philippine Ambassador to China Jose Santiago Sta. Romana, Philippines’ DTI Secretary Ramon M. Lopez, FFCCCII President Dr. Henry Lim Bon Liong, and Deputy Director General Yang Weiqun from the Department of Asian Affairs of China’s Ministry of Commerce (MOFCOM). Under the FOODPhilippines delegation, 40 companies that will highlight tropical fruits and vegetables will be Hilas Marketing Corporation, Agrinurture, Inc., Mancoco Food Processing, Inc., Excellent Quality Goods Supply Company, Castillo Import Export Ventures Inc., Doxo International Trading, Magsasakang Progresibo Marketing Cooperative, See’s International Food Mfg, Corp., Century Pacific Agricultural Ventures, Inc., Team Asia Corporation, Eau de Coco, Inc., Eng Seng Food Products, Greenlife Coconut Products Philippines, Inc., Tongsan Industrial Development Corporation, Islandfun Inc., Limketkai Manufacturing Corporation (LMC), KLT Fruits, Inc., Zigmund Enterprise, Business Innovations Gateway, Inc., Sangkutsa Food Products, Inc., AG Grays Farm, Marigold Manufacturing Corporation, and the Federation of People’s Sustainable Development Cooperative. To show its goodwill to the Chinese market, the Philippine delegation will donate healthy products to Food Bank China as part of the launch of the Shanghai Food Bank Project with Liwayway China on November 5. The donation will include 200 packs of banana chips from Excellent Quality Goods Supply Company, 50 tuna packs of premium handline tuna from Century Pacific Food Inc., and bundles of virgin coconut oil (VCO) and various coconut products from Team Asia Corporation. The food donation to the Food Bank China serves as a way of giving back and a token of appreciation to the Chinese community for its continued support towards the Filipino representatives and communities in China, according to Commercial Vice Consul Mario Tani of the PTIC in Shanghai. Meanwhile, healthy snack varieties will be showcased by Magic Melt Foods Inc., Sandria’s Delicious Concept, Vegetari Vegetarian Products, Market Reach International Resources, SL Agritech Corporation, and the Philippine Franchise Association. Tuna and other seafood selections will be presented by Century Pacific Food Inc., Universal Canning, Inc., Fisher Farms, Incorporated, Jam Seafoods, Inc., Phil. Union Frozen Foods, Inc., and Gerabuenas Trading. Likewise, premium food selections will be offered by Global Basic Co., Ltd, Subic Superfood Incorporated, Chocoloco, Inc., Filipinas de Oro de Cacao, Inc., and Seabeth Food Processing......»»
Coconut farmers are poorest agri people
Coconut farmers are now the poorest people in the agriculture sector, much poorer than when they were 30 years ago. This was the assessment of Danny Carranza, a coconut farmer and member the Kilusan Para sa Tunay na Repormang Agraryo at Katarungang Panlipunan (Katarungan). (MB FILE, Keith Bacongco) Carranza blamed the coconut farmers’ poverty on the low copra prices, inability to intercrop and modernize, and now the COVID-19 pandemic, which isolates some of them who are living in far-flung areas. “If you’re going to compare, we are much poorer now than we were back in 1990,” said Carranza. Carranza said the “crisis in coconut” that started in the 1990s was never resolved, but even worsened especially when farmers failed to diversify and intercrop before copra prices, dictated by world prices, crashed in 2019 and in the previous years. “The price of copra is improving, reaching P16/kg from P8/kg last year, but that is still not enough,” Carranza said, adding that farmers’ income from a hectare of coconut plantation does not reach P10,000 anymore. At present, about 95 percent of the 3.5 million hectares of coconut farms in the Philippines are meant to produce copra, which is the material for coconut oil manufacturing. But with the collapse of the prices of coconut oil in the world market over the last two years, prices of copra have also dropped plunging farmers into deeper poverty. According to the Philippine Coconut Authority (PCA), prices of copra at farmgate as of October 15 stood at P21.86/kg, which is higher compared to P14.55/kg price level during the same day last year. But Carranza said that it normally takes three to four years for coconut farmers to recover when a typhoon hits their plantation because coconut trees don’t recover fast. Several typhoons have devastated coconut trees lately. “Farmers’ income is dictated by world prices, they don’t have enough funds to modernize their industry, and the government has failed to support them in the diversification of their coconut plantations,” Carranza said. “Then things got worse because of climate change. And then, because of lockdown, a lot of farmers who live in far-flung areas were isolated and couldn’t deliver their produce,” he added. In 2018, farmers working in coconut farms only received a daily nominal wage rate of P264, based on Philippine Statistics Authority (PSA) data. To alleviate the current situation of coconut farmers, the Department of Agriculture (DA) has announced that it will soon distribute a P5,000 worth of assistance to coconut farmers, which will be withdrawn from the agency’s P24-billion stimulus package granted under ‘Bayanihan 2’. The problem, according to Carranza, is that the assistance may only benefit farmers who own 1 hectare of coconut plantations or less. The PCA is also setting aside a portion of its budget to finance on-farm and off-farm livelihood projects for coconut farmers such as intercropping and livestock. Meanwhile, Pambansang Kilusan ng Magbubukid sa Pilipinas (PKMP) Chairman Eduardo Mora said the legal team of Senator Bong Go pledged to help coconut farmers push for provisions that they want to be included in the Coco Levy Act, the proposed law that will pave the way for the release of the P100-billion coco levy fund. “It was the office of Senator Bong Go that informed us that the senate version of Coco Levy Act was already passed in third and final reading. But his legal team also assured to help us in the congress version of the law, in bicameral, and in the drafting of the IRR [implementing rules and regulation] of the law,” Mora told Business Bulletin. Mora’s group, which represents more than a hundred thousand coconut farmers in the country, has been calling for increased farmers’ representation in the planned coconut trust fund management committee. Coconut farmers also don’t want the funds to be handled by PCA, Mora said. Business Bulletin already sought for Agriculture Secretary William Dar’s reaction regarding the farmers’ opposition of the Coco Levy Act, but he hasn’t responded yet. .....»»
PNVF forms coaching sataff for world meet
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DOTr: 2.2 million more plastic cards to be delivered
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Girl, 4, dies after being hit by SUV
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Miss Universe Philippines releases statement condemning cyberbullying of delegates
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Fetus found in condo’s sewage treatment plant
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Belmonte: No tolerance for corruption
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One more city in Philippines declares pertussis outbreak
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Shohei Ohtani says interpreter stole money, denies knowledge of gambling debts
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‘Under a Piaya Moon’ director hopes he made mentor Peque Gallaga proud
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Old habits die hard
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EcoWaste Coalition: True Radiance Comes from Within, Not from Skin Lightening Products with Mercury
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Singaporean embassy in India extends Holi wishes, shares images of celebrations in Barsana
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One more city in Philippines declares pertussis outbreak
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