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‘Our Dream’: K-pop boy band BtoB to hold fan-con in April
The K-pop boy band BtoB, also known as Born to Beat, is poised to come back to Manila on April 7 at the SM Mall of Asia for a fan-con labeled as “2024 BTOB Fan-Con Our Dream.”.....»»
Blow-By-Blow Okada: Bacosa posts 3rd straight KO victory
Tall and rangy lightweight Eman Bacosa posted a third-round stoppage over Jan Clyde Langahin during a special presentation of Manny Pacquiao Presents: Blow-By-Blow Sunday at the Okada Manila......»»
Pagasa debunks ‘three days of darkness’ hoax
MANILA, Philippines — The Philippine Atmospheric, Geophysical and Astronomical Services Administration (Pagasa) dismissed claims that the Earth will experience three days of darkness due to passing the “Photon Belts” starting April 8 as false. The state weather and astronomy bureau said Friday there is no scientific evidence to support the claim. “DOST-PAGASA would like to.....»»
US Bolstering Philippines Amid Increasing Assertiveness by China
washington - The U.S. and Philippines will for the first time venture outside Manila's territorial waters when they begin joint annual combat drills in April, a Philippines government spokesman said Thursday.Colonel Michael Logico said elements of the Balikatan 2024 drills would be conducted about 22 kilometers (more than 12 nautical miles) off the west coast of Palawan, an island in the archipelago nation that.....»»
Philippines posts 196 mln USD deficit in February
MANILA, March 19 (Xinhua) -- The Philippines' overall balance of payments (BOP) posted a 196-million-U.S. dollar deficit in February, significantly lower from the 895-million-dollar BOP deficit recorded a year ago, the country's central bank said on Tuesday. The Bangko Sentral ng Pilipinas (BSP) said the BOP deficit in February reflected outflows arising mainly from the national government's foreign currency deb.....»»
March 2024: Ed Sheeran for the third time in Manila
Global music sensation Ed Sheeran is set to enthrall Manila once again by bringing his record-breaking Mathematics Tour to the Philippines, and to Europe and Asia, in 2024. The British singer-songwriter’s Manila concert is scheduled for 9 March 2024 at the SMDC Festival Grounds in Parañaque City. Adding to the excitement, the event will also feature another talented singer-songwriter, Callum Scott, as a special guest. Sheeran last serenaded his Filipino fans in April 2018, following a brief setback in his personal life due to a cycling accident. Originally scheduled for November 2017, the concert was rescheduled and finally pushed through. His very first Manila performance was at the Mall of Asia Arena in 2015, marking the beginning of a profound connection between the massively popular singer and his Filipino admirers, among the most ardent fans of his hits such as “Perfect,” “Photograph,” “Thinking Out Loud,” “Lego House” and many others. Ticket sales for the Mathematics Tour will commence on 26 October 2023, 12 noon, at ovationtickets.com and smtickets.com. The post March 2024: Ed Sheeran for the third time in Manila appeared first on Daily Tribune......»»
The only brief that is long
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. No. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites 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 45 days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. No. 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. (Section 1(e), Rule 50 of the Revised Rules) However, the SC clarified in Sindophil Inc. v. Republic (G.R. No. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision means the dismissal of an 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 allowing 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. In several cases, 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 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 that it had 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; or (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. The post The only brief that is long appeared first on Daily Tribune......»»
8 firms in Makati, 8 in Parañaque deliquents SSS contributors
The Social Security System on Friday announced that eight firms in Makati City and another eight in Parañaque City were cited as deliquents employers for failing to pay their employees' contributions. The citations came from SSS continued Run After Contribution Evaders (RACE) campaign, running against employers who failed to remit monthly contributions of their employees. The Makati-JP Rizal branch has served Notice of Violations to eight deliquents employers in Barangay Tejeros, who incurred a total of P5.25 million delinquencies consisting of P2.86 million of unpaid contributions and P2.4 million of penalties which affects the social security coverage of 105 employees. The employers include two industrial suppliers, a bakery owner, real estate agent, a private hospital, pharmacy, photograph production and a chemical distributor. Among the eight delinquent employers cited for non-remittance of monthly contributions, one of the two industrial equipment suppliers topped the contribution delinquency of P2.41 million broken down into P1.58 million unpaid workers' contributions and over P832,000 penalties for it's 46 employees from April 2022 to August 2023. In Parañaque, the SSS Bicutan-Sun Valley NCR South Division has served notice of violations to eight delinquent employers in Sun Valley and Merville where a total of P1.70 million consisting of P717,000 unpaid contributions and P983,000 in penalties were incurred by the erring employers that include a whole-saler of food and beverages, manufacturer, seller in non-specialized stores, laundry services, food services activities, retail seller of construction materials, salon owner, and manufacturer of miscellaneous articles. Their delinquency has affected 82 employees. The Run After Contribution Evades (RACE) campaign is an activity conducted by SSS to ensure that employers are complying with their obligations as stipulated in Republic Act NO. 11199 or the Social Security Act of 2018. The post 8 firms in Makati, 8 in Parañaque deliquents SSS contributors appeared first on Daily Tribune......»»
Post-pandemic scenario presents great opportunities for trade, says Swiss envoy
Europe should consider the "exciting" opportunities Asia has to offer due to exciting developments in the region, President Ferdinand Marcos Jr. recently said. In a statement from Malacañang released on Thursday, Marcos made the remark last Wednesday after the new Swiss Ambassador to the Philippines, Nicolas Brühl, presented his credentials in a ceremony at Malacañan Palace in Manila. "I think it is actually wise in terms of European countries, Switzerland included, to look to ASEAN, to look to Asia. Although there are other geopolitical disturbances, shall we say, but the opportunities are quite exciting," President Marcos said in welcoming in Brühl. "ASEAN leaders have come together to really strengthen the economic systems that we have in place, the weaknesses that have shown up during the pandemic. We're all trying to learn the lessons that the pandemic brought with it," he added. The President, who accepted the credentials of the Swiss envoy, said that he thinks the post-pandemic scenario presents a great opportunity for greater collaboration with the Philippines now understanding how the world works. The world doesn't work the same way that it did in 2019 and it is faring differently, Marcos said. "And so that's why I always value partnerships and alliances and agreements between countries. And I think (with) Switzerland, that has always gone very smoothly. Let's hope that it continues in that direction," Marcos told the Swiss ambassador. The Swiss ambassador said that the Swiss Foreign Ministry's Southeast Asia strategy proves that the region is of utmost importance and vowed to partner with it in the future. Last year's 65th-year celebration of the bilateral relations between the Philippines and Switzerland is already a good start, he said. The two countries celebrated 65 years of diplomatic relations in January 2022. The Philippines and Switzerland continue to maximize the benefits of the Philippines–European Free Trade Association Free Trade Agreement (PH-EFTA-FTA). The EFTA States, Iceland, Liechtenstein, Norway, and Switzerland, signed a Free Trade Agreement (FTA) with the Philippines in Bern, Switzerland on April 28, 2016. The EFTA-Philippines FTA entered into force on 1 June 2018, for the Philippines, Norway, Liechtenstein, and Switzerland and on 1 January 2020 for Iceland. The FTA covers trade in goods, trade in services, investment, competition, the protection of intellectual property rights, government procurement, and trade and sustainable development. The post Post-pandemic scenario presents great opportunities for trade, says Swiss envoy appeared first on Daily Tribune......»»
7 delinquent employers caught in Alabang
The Social Security System reported over the weekend that they have served notice of violations to seven establishments in Ayala Alabang and Muntinlupa City for being delinquent employers, under the agency’s Run After Contribution Evaders campaign. In a statement sent to Daily Tribune, SSS said that it’s Alabang-Zapote Branch conducted the RACE operations and found the seven incurring P4.32-million delinquencies consisting of P3.88- million unpaid contributions and over P442,000 penalties that affected the SSS coverage of 84 employees. The violators were involved in value-added reseller of outside plant, engineering services, restaurants, spa activities, petroleum products retailers, construction management and consultancy activities. The nature of delinquency of the seven employers is the non-remittance of SSS monthly contributions. Highest of them was incurred by the restaurant establishment amounting to P1.53-million unpaid workers’ contributions and more than P39,000 in penalties. Based on SSS Alabang-Zapote Branch records the establishment failed to remit the social security contributions of its 33 employees from February 2014 to April 2022. The SSS RACE campaign is being conducted to ensure employers are complying with their obligation as stipulated in Republic Act 11199 or the Social Security Act of 2018. The post 7 delinquent employers caught in Alabang appeared first on Daily Tribune......»»
SSS catches 7 delinquent employers in Alabang, Muntinlupa
The Social Security System reported over the weekend that they have served notice of violations to seven establishments in Ayala Alabang and Muntinlupa City for being delinquent employers, under the agency's Run After Contribution Evaders campaign. In a statement sent to Daily Tribune, the SSS said that its Alabang-Zapote Branch conducted the RACE operations and found the seven firms incurring P4.32 million delinquencies consisting of P3.88 million unpaid contributions and over P442,000 penalties that affected the SSS coverage of 84 employees. The violators were involved in value-added resellers of outside plants, engineering services, restaurants, spa activities, petroleum products retailers, construction management, and consultancy activities. The nature of delinquency of the seven employers is the non-remittance of SSS monthly contributions. The highest of them was incurred by the restaurant establishment with P1.53 million in unpaid workers' contributions and more than P39,000 in penalties. Based on SSS Alabang-Zapote Branch records, the establishment failed to remit the social security contributions of its 33 employees from February 2014 to April 2022. The SSS RACE campaign is being conducted to ensure employers are complying with their obligation as stipulated in Republic Act No.11199 or the Social Security Act of 2018. The post SSS catches 7 delinquent employers in Alabang, Muntinlupa 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......»»
US firms to dip fingers into MIF
An in-depth study by the Asian Central Journal or ACJ dated 20 July 2023 reveals that the Department of Finance forged a $1-million contract with a US PR firm, Weber Shandwick Philippines or WSP, that was signed in early January 2023, according to WSP sources. The ACJ study asks why the Maharlika Investment Fund or MIF bill was signed at the precise time Senate President Juan Miguel Zubiri was in the US. “On 21 June, Senate President Zubiri reportedly signed an ‘enrolled’ copy of the MIF. Jose Manuel Romualdez, the Philippine ambassador to the US, was present for the signing. Ambassador Romualdez has long held the positions of chairman and CEO at WSP.” The ACJ study reports that, “The US was designated as the top campaign market in the PR strategy to draw US investment” and that “the MIF might be used by the US as a means of financial pressure on the (Philippines).” In other words, US funds for the MIF may be used as bait for the US to get major MIF projects in the future. The study says the WSP PR strategy aims (1) “to decrease misconceptions about the MIF, particularly those pertaining to abuse and corruption” (downplaying corruption helps fuel it); (2) “to raise awareness of it as an instrument for economic development” (sanctifying corruption as ‘economic development’); and (3) “MIF management and investment may be subject to US intervention. DBM Secretary Amenah F. Pangandaman stated on 19 April that several US corporate organizations and investors are eager to assist us in structuring the MIF.” This dangerous move towards achieving US corporate funds for the MIF will easily increase corruption tenfold, with the participation of US corporations. This was the strategy of US oil firms in Nigeria in partnership with a corrupt government to siphon the oil for the West. The US corporations turned a blind eye to the corruption. The strategy triggered the growth of terrorists in the Muslim-dominated deep north which did benefit from the “development” received by the Christian-dominated south. The ACJ report, citing the MIF, warns, “There looms a grave concern: the specter of corruption.” It cites two cases. “Norway’s sovereign wealth fund lost $174 billion (about P8.7 trillion) in the first half of 2022, while (the Singapore-based) Temasek Holdings, which is primarily regarded as a sovereign wealth fund, has seen a net loss of S$7.3 billion throughout the nearly 50 years since its founding.” If less corrupt-prone affluent nations like Norway and Singapore are unable to contain corruption in sovereign wealth funds, what more a Third World nation like the Philippines, which is noted for rampant unstoppable corruption? In its 2020-2022 survey, the Philippines ranked no. 116 out of 180 nations (the higher the ranking, the more corrupt) in the Corruption Perceptions Index published by Transparency International. Norway ranked No. 4 and Singapore No. 5 as least corrupt. (Source: Wikipedia). The MIF Act provides that a Maharlika Investment Corporation or MIC will be established to manage the MIF fund. The ACJ study is concerned that the MIC board of directors will consist of presidential appointees “based on favor rather than talent… in a nation where nepotism is rife.” (Ambassador Romualdez is the second cousin of Marcos Jr. It’s all in the family.) This will induce a “lack of transparency in regulation and a high risk of financial embezzlement.” The ACJ study argues that “the MIF could be a weapon for politicians to steal from the public coffers,” citing the case of Angola. In 2018, Jose Filomeno dos Santos, ex-sovereign fund chairman and son of ex-President Jose Eduardo dos Santos, was charged with the theft of $1.5 billion. In 2015, the Wall Street Journal reported that Malaysia’s Prime Minister Najib Razak transferred about $700 million from the 1Malaysia Development Berhad fund to his personal account. The ACJ study reports that Goldman Sachs Group Inc. raised $6.5 billion in five years. In an investigation after the 1MDB scandal broke out, Goldman Sachs admitted stealing $1 billion from 1MDB “to bribe officials in Malaysia and other nations, including (payments) for the extravagant lifestyles of Malaysian officials and purchasing luxury yachts and hotels for them.” Goldman Sachs pocketed $4.6 billion in bribes and kickbacks. Ex-Goldman Sachs banker Roger Ng was sentenced to 10 years in prison for his role in the massive 1MDB heist. It will be easy for creative Filipino politicians to improve on this type of ‘Financial Terrorism’ with the help of equally corrupt Western corporations. They must be drooling in excitement. This evil partnership of government and multinationals is the biggest hindrance to the true development of Third World countries. Even as the MIF heist is yet to happen, the solons are cooking up a more sinister storm, the Overseas Filipino Workers Sovereign Wealth Fund, tapping the biggest dollar earner of the country. This is “stealing” the hard-earned money of our workers. The OFWs may rise in protest. *** eastwindreplyctr@gmail.com The post US firms to dip fingers into MIF appeared first on Daily Tribune......»»
SC junks celebrity doctor’s appeal
The Supreme Court on Tuesday disclosed that it has dismissed the appeal of celebrity doctor Joel Mendez to set aside the decision of the Court of Appeals affirming the seven-year jail term slapped against him by the Regional Trial Court of Quezon City for violating the provisions of Republic Act 8282 or the Social Security Act of 1997. In a six-page resolution dated 31 July 2023, the High Court’s First Division did not give merit to Mendez’s claim that the CA’s Former Special Eight Division — through Associate Justices Edwin Sorongon, Sesinando E. Villon and Marie Christine Azcarraga-Jacob — committed grave abuse of discretion when they outright dismissed his petition. This stemmed from the petition of Mendez before the SC invoking anew “extrinsic fraud” on the part of his lawyer in seeking reconsideration of the CA’s ruling. The doctor claimed that the failure of his former counsel to attend scheduled hearings for his presentation of evidence and his counsel’s failure to inform him of the hearings and that his presence was required during the proceedings were tantamount to “extrinsic fraud.” Extrinsic fraud refers to “fraudulent act of the prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court; by giving him a false promise of a compromise; or where the defendant never had the knowledge of the suit, being kept in ignorance by the acts of plaintiff; or where an attorney fraudulently or without authority connives at his defeat.” The SC, though, held that Mendez’s contention that the failure to present his side due to his former counsel’s negligence constitutes extrinsic fraud, “is untenable.” “As a ground for the annulment of a judgment, extrinsic fraud must emanate from an act of the adverse party, and the fraud must be of such nature as to have deprived petitioner of their day in court,” said the SC. “The fraud is not extrinsic if the act was committed by petitioner’s own counsel. In this light, we have ruled in several cases that a lawyer’s mistake or gross negligence does not amount to the extrinsic fraud that would grant a petition for annulment of judgment,” it added. Also, the SC stressed that Mendez failed to comply with the 60-day period under Rule 65 of the Rules of Court within which to file the present petition questioning the CA decision, adding that Atty. Marc Anthony B. Antonio, one of Mendez’s former counsels, received a copy of the CA resolution dated 16 April 2019 on 2 May 2019. Mendez alleged that Antonio informed him about the resolution only on 19 June 2019. The court added that Mendez — instead of filing the present petition for certiorari within 60 days from 2 May 2019 — secured the services of a new lawyer and filed the petition only on 8 August 2019, or 98 days after Antonio received the CA Resolution dated 16 April 2019. “As keenly observed by the OSG (Office of the Solicitor General, Mendez blames yet again one of his former lawyers who allegedly belatedly informed him of the receipt of the CA Resolution dated 16 April 2019,” the SC said. “This is a self-serving allegation not supported by any evidence and, thus, deserves scant consideration. A party alleging a critical fact must support their allegation with substantial evidence, for any decision based on unsubstantiated allegation cannot stand without offending due process,” it added. To recall, the CA — in its August 2018 decision — denied the petition filed by Mendez seeking to annul the 18 July 2016 decision of QC RTC Branch 88 Presiding Judge Rossana Fe Romero which found her guilty of violating Republic Act 8282. It did not give weight to Mendez’s contentions, stressing that the SC has previously ruled that a lawyer’s neglect in keeping track of the case and his failure to apprise his client of the development of the case do not constitute extrinsic fraud. Mendez, who owns a chain of dermatology clinics in the country, was sentenced to a jail term ranging from six years and one day as minimum to seven years as maximum by the QC RTC. He was also ordered to pay SSS a total of P1,865,657.50 representing unpaid contributions from October 2011 to January 2013 with an interest of three percent per month from July 2015 until full payment. The post SC junks celebrity doctor’s appeal appeared first on Daily Tribune......»»
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......»»
Malnutrition, hunger shade Phl growth
The Asian Development Bank’s outlook for the Philippines remains unchanged since April, maintaining that the country’s economy would expand by 6.0 percent for the remainder of the year and grow by 6.2 percent in 2024. In April, Kelly Bird, ADB country director for the Philippines, noted that the economy was in expansion mode after the gross domestic product grew 7.6 percent throughout 2022. “It (Philippine economic growth) is expected to moderate this year (2023) from the previous year’s forecast-beating outturn, but will remain on a healthy expansion mode underpinned by rising domestic demand and a recovery in services, particularly tourism,” he said. In the latest update of its quarterly Asian Development Outlook 2023 report, the ADB said domestic demand and services continue to drive growth in Southeast Asia, with many economies in the region, including the Philippines’, benefiting from strong tourism recovery. It said robust investment and private consumption, along with rising employment, growth in production and retail sales, and upbeat activity in private and public construction, is propelling the Philippine economy forward, making the country a strong candidate for the fastest-growing economy in the region in 2023, even surpassing Singapore’s and Vietnam’s. Filipinos look forward to ADB’s forecast that growth will remain strong, albeit slowed by global headwinds, high inflation, and tighter monetary policy. GDP growth should pick up even more as the external environment improves. Hopes are pinned on private consumption and investment to continue to expand, though easing from 2022’s brisk pace while household spending will be buoyed by rising employment and steady remittances from Philippine workers overseas. The bank’s outlook on the Philippine economy should get President Marcos into a pumped-up mood as he gets ready to address the country in his 2nd State of the Nation address on Monday. But ADB’s sobering notes on hunger and malnutrition threaten to dim whatever bright disposition he may have at the moment. In its report, the ADB notes that despite rapid economic growth in recent years, these “impressive gains” along with whatever efforts to reduce poverty have not lowered hunger, particularly among people in lower income levels. The ADB cites data from the UN Food and Agriculture Organization indicating the prevalence of food insecurity in the Philippines, averaging 43.8 percent of the total population from 2019 to 2021 with 5.2 percent of the people undernourished. An Expanded National Nutrition Survey in 2021 revealed that under-nutrition rates were “very high,” with 26.7 percent of children under five years old stunted. Among school-age children (5-10 years old), the stunting rate was 19.7 percent and much higher among the poorest quintile at 32.7 percent. Alarming figures indicate that chronic malnutrition and stunting are strongly linked to disease and premature death; they adversely affect crucial stages of development (of children), causing cognitive and behavioral deficits, learning disabilities and ultimately a sub-optimal and uncompetitive labor force. The government’s response, the ADB observed, was short-term measures providing social support to vulnerable groups and temporarily easing import restrictions on some agricultural products. And this note should be of particular concern to the President, who remains unmoved by calls to designate a full-time, hands-on expert thoroughly steeped in agriculture at the agency. These data are also alarming: Agriculture growth in the Philippines has underperformed for the past two decades; it grew 3.5 percent on average annually from 2000 to 2010, then by 1.5 percent from 2011 to 2022; Agriculture’s share of GDP has declined from over 15 percent in early 2000 to an average of 9 percent in the past five years, with one-fifth of employment remaining in agriculture; and today’s Philippine agriculture labor productivity continues to lag behind its peers in the Southeast region. The ADB recommended that government strengthens food security and nutrition through social protection responses. Data on poverty incidence showed it declined from 23.5 percent of the population in 2015 to 16.7 percent in 2018 but rose again to 18.1 percent in 2021 because of the pandemic. As the President prepares to take on another year in office, we hope that the President is aware of the urgencies that need to be effectively tackled in the sector he insists on overseeing and of the sociopolitical costs and the not-so-flattering image the country — and the world — would have of his leadership if he leaves these issues substantially unresolved. The post Malnutrition, hunger shade Phl growth appeared first on Daily Tribune......»»
Bong Go inspects Super Health Center in Tagbilaran, Bohol
Senator Christopher “Bong” Go emphasized the significance of health facilities in the country as he personally inspected the Super Health Center being constructed in Tagbilaran City, Bohol on Monday, July 17. In his speech, Go shared that the government intends to establish more than 600 Super Health Centers across the nation. He added that such centers are poised to play a crucial role in addressing the nation's healthcare needs, ensuring comprehensive medical care and strengthening the country's healthcare system. “Itong Super Health Center marami rin ang itatayo sa buong Pilipinas, higit 600 ang itatayo (sa buong Pilipinas) at 13 sa Bohol ang itatayo na Super Health Center. Ang Super Health Center is a medium type of a polyclinic. Mas maliit sa hospital, mas malaki po sa mga Rural Health Unit. Pwede po diyan ‘yung birthing, panganganak, dental, laboratory, x-ray at pwede po itong i-expand,” he explained. Accessibility is a key pillar of the Super Health Center initiative, Go underscored. He likewise emphasized the importance of bringing healthcare services closer to the people, especially in areas where access to quality medical care remains a challenge. By establishing Super Health Centers throughout the country, the government aims to ensure that every Filipino, regardless of their location, can avail themselves of essential healthcare services without the burden of long-distance travel or prohibitive costs, the senator added. The Super Health Center is a medium version of a polyclinic yet an improved version of the rural health unit. The services available in the center include database management, out-patient, birthing, isolation, diagnostic (laboratory: x-ray, ultrasound), pharmacy, and ambulatory surgical unit. Other available services are eye, ear, nose, and throat (EENT) service; oncology centers; physical therapy and rehabilitation center; and telemedicine, which makes remote diagnosis and treatment of patients possible. In Bohol, aside from the one in Tagbilaran City, funds have been allocated to construct Super Health Centers in Buenavista, Candijay, Dauis, Sagbayan, Talibon, Antequera, Balilihan, Bien Unido, Carmen, Panglao and Ubay — the last one’s groundbreaking was attended by Go last April. During the inspection, Go, who is an adopted son of the city, was accompanied by Tagbilaran City Mayor Jane Yap, Vice Mayor Adam Jala, and former mayor Baba Yap. Cortes Mayor Iven Lim and Dauis Vice Mayor Miriam Sumaylo were also in attendance. As Chair of the Senate Committee on Health and principal author and sponsor of the Malasakit Centers Act of 2019, Go also continues to monitor the operations of Malasakit Centers nationwide to ensure efficient provision of medical assistance particularly to poor and indigent patients. Acknowledging the hesitancy of many Filipinos to get medical care due to financial barriers, Go initiated the Malasakit Centers program in 2018. It was later institutionalized under the Republic Act No. 11463 or the Malasakit Centers Act of 2019. The Act brings together all relevant agencies, including the Department of Social Welfare and Development, Department of Health, Philippine Health Insurance Corporation, and Philippine Charity Sweepstakes Office, under one roof to reduce the hospital expenses of the patients by covering services and other fees. “Special ang araw ngayon dahil nandito at sinamahan tayo ng numero uno na senador sa lugar ng Tagbilaran (City), walang iba (kundi si) Senador Bong Go! A very (good) example kung gaano kabilis at aksyon agad ng atin senador, last week tumawag kami ni Baba Yap sa kanya (kasi) may isang pasyente sa San Isidro na nangangailangan ng kidney transplant. Ngayon ang kanyang operasyon at (tumulong si) Senador Bong Go through the Malasakit Center,” cited Mayor Yap. In the city, there is a Malasakit Center at Governor Celestino Gallares Memorial Medical Center (GCGMH), which he also checked the operations on the same day. There is also one at Don Emilio Del Valle Memorial Hospital in Ubay. Go, as principal sponsor in the Senate, was also instrumental in the passage of Republic Act No. 11883 which converts GCGMH to Governor Celestino Gallares Multi-Specialty Medical Complex. On the same day, Go also visited several infrastructure projects that he earlier supported. These projects included the ongoing construction of the Governor Celestino Gallares Multispecialty Medical Complex, as well as the Cortes Municipal Park and Disaster Risk Reduction and Management building in Cortes. Additionally, he also attended the opening of the Inter-Barangay Basketball League in Cortes town and provided assistance to indigent athletes, coaches, referees, and barangay workers of the town. Lastly, he also attended the 73rd Commencement Exercise of Bohol Institute of Technology International College System. #### The post Bong Go inspects Super Health Center in Tagbilaran, Bohol appeared first on Daily Tribune......»»
Highly-leveraged SMGP
San Miguel Corp. predictably won the Court of Appeals decision recently, reversing the Energy Regulatory Commission in its rejection of the petition of its energy arm San Miguel Global Power Corp. or SMGP’s plea for a temporary rate increase. SMGP claims P15 billion in losses from its units South Premiere Power Corp. and San Miguel Energy Corp. as a result of high fuel costs and the supply restrictions from the Malampaya natural gas project. It turns out that SMGP direly needs to be profitable since it is deep in borrowings for its projects. Data supplied to Daily Tribune by the think tank Center for Energy, Ecology and Development showed SMGP has obtained several financing arrangements, such as long-term debts and issuance of Senior Perpetual Capital Securities or SPCS and other debt instruments to facilitate the acquisition of coal-fired power plants and investments in new power plants. For the construction and expansion of coal plants, SMGP has secured the following financial transactions: January 2018, drawing P2 billion from the P44-billion Omnibus Loan and Security Agreement to finance the construction of two 150-megawatt Limay coal-fired power plants; March 2018, $700-million floating interest term loan, $400-million short-term bridge financing loans, $400-million floating interest term loan, and $650-million Redeemable Perpetual Securities for the acquisition of Masinloc Group including two 315 MW Masinloc power plant and the construction of Unit 3 and 10 MW battery energy storage project; January 2019, $35 million from its $525 million Omnibus Expansion Facility Agreement to finance the ongoing construction of the 300 MW expansion of Masinloc Power Plant; November 2019, drawing of an additional $40 million from $525 million OEFA to finance the additional 300 MW Masinloc Power Plant; July 2019, drawing of P978 million from a P2.1 billion 12-year Omnibus Loan and Security Agreement with a syndicate of local banks for the financing of the construction of the Davao Greenfield Power Plant; March 2020, drawing of an additional $43 million to finance the construction of an added 335 MW Unit-3 Masinloc Power Plant; and July 2022, allocation of up to P20 billion from the sale of P30 billion fixed rate bond with an oversubscription option of up to P10 billion. As for its liquefied natural gas-related projects, SMGP has issued debt certificates in the past three years including: October 2020 — $400 million worth of SPCS issued for 100 percent with an initial rate of 7 percent per annum. In-principle approval for the listing and quotation from Singapore Exchange Trading Ltd. December 2020 — $350 million worth of SPCS issued for 102.457 percent with an initial rate of 7 percent, and listed on the SETL; April 2021 — availment of $50 million from the October 2020 loan facility agreement for capital expenditures related to the Ilijan gas-fired power plant and its expansion, financing of LNG importation, and storage facilities, among others; June 2021 — $600 million worth of SPCS issued for 100 percent with an initial rate of 5.45 percent per annum, and listed on the SETL; September 2021 — $150 million worth of SPCS issued for 100.125 percent with an initial rate of 5.45 percent per annum, and listed on the SETL; and July 2022 — allocation of up to P24.5 billion from the sale of P30 billion fixed rate bonds with an oversubscription option of up to P10 billion. In April 2021, SMGP also availed of its $50 million from its term loan facility with a foreign bank executed in October 2020. The proceeds of this loan are intended for the payment of capital expenditures of the Ilijan plant, funding of liquefied natural gas import, storage, and distribution facilities, pre-operating and operating working capital requirements for Battery Energy Storage System projects, and transaction-related fees, costs, and expenses of the facility. The post Highly-leveraged SMGP appeared first on Daily Tribune......»»
MIAA reports NAIA passenger volume, flight activity increases
The Manila International Airport Authority has reported that in the first half of this year, passenger volume and flight activity in the Ninoy Aquino International Airport has substantially increased. From January to June 2023, MIAA recorded a combined total of 22,221,933 international and domestic passengers, or a rise of 78 percent over the same period in 2018 and only 8 percent less than pre-pandemic levels in 2019. On the other hand, the number of flight movements was recorded at 135,883, which is 100 percent of flights handled at NAIA during the first half of 2019 and an increase of 42 percent compared to the same period in 2022. Strong indication MIAA Officer-in-Charge Bryan Co said the Authority is pleased to experience these surges in statistics, a strong indication that passengers have regained the confidence to travel again. The double-digit surge in flight movements and passenger volume is enough ground for optimism that the aviation industry is steadily heading toward full recovery. Co added that when comparing the first two quarters of this year, the 11,357,156 passengers who flew from and to NAIA from April to June indicate a 5 percent growth over the 10,864,777 passenger volume in the first quarter. MIAA also saw a two percent uptick in flight movement, with 68,689 flights handled in the second quarter of this year, up from 67,194 flights handled from January to March of this year. Moreover, a close look at this year’s international and domestic figures indicates a notable boost in international passengers in June at 1,752,098, accounting for 82 percent of June 2019’s figures, compared to January’s international foot traffic which is equivalent to 74 percent of January 2019’s tally. Consistent strength Meanwhile, domestic operations in the first half of 2023 demonstrate consistent strength, outperforming the flight movement and passenger volume of the same period in 2019. The acting NAIA chief also said that comforted by the consistent growth in numbers, with airlines introducing new routes, and with new airline players coming in, the MIAA will pursue without let up “our improvement projects, especially those that would highly impact the passenger experience inside and outside of the terminals.” MIAA recently completed its Schedule and Terminal Assignment Rationalisation, or STAR, program aimed at optimising the capacity of the four NAIA terminals. The STAR program entails the reassignment of some international airlines from NAIA Terminal 1 to NAIA Terminal 3 and the moving of all Philippine Airlines international flights to NAIA Terminal 1. This strategy paved the way for confining international flight operations to only NAIA Terminals 1 and 3, while NAIA Terminal 2 became a purely domestic terminal, together with NAIA Terminal 4, which caters to turboprop operations. This also benefitted partner agencies like the Bureau of Immigration, Bureau of Customs, and Bureau of Quarantine, as their NAIA Terminal 2 personnel are now re-deployed to NAIA Terminals 1 and 3, thereby ensuring full manning of their counters in the two terminals. All PAL domestic flights NAIA Terminal 2 now services all domestic flights of PAL, AirAsia Philippines, and Royal Air Philippines, accommodating some 10 million passengers per year, and up from its design capacity of 7.5 million passengers per year. The removal of immigration counters and other infrastructure mandated for international flight operations provided the needed space for unhampered passenger movement inside the terminal. Domestic AirAsia and Royal Air passengers, who account for around 10,000 passengers per day on average, now have more space at NAIA Terminal 2. This change also reduces congestion at NAIA Terminal 4 by 75 percent, providing adequate space for Cebgo, AirSwift and Sunlight Air passengers. STAR program The implementation of the STAR program has brought an increased number of passengers to NAIA Terminal 3, which is why MIAA stayed true to its commitment to the Bureau of Immigration to expand the agency’s work area in the terminal. From the 26 immigration counters at the start of 2023, MIAA has successfully added 18 more counters, placing the number to date at 44 departure immigration counters for NAIA Terminal 3. By the end of 2023, MIAA hopes to further deliver on its commitment to complete the construction of an immigration annex adjacent to BI’s existing location at the departure level. Once in place, an additional 24 counters will become available to service OFWs, senior citizens, differently or specially-abled persons, pregnant women, diplomats, and other passengers needing special handling. The post MIAA reports NAIA passenger volume, flight activity increases appeared first on Daily Tribune......»»
Musk launches xAI to rival OpenAI, Google
Elon Musk on Wednesday launched his own artificial intelligence company, xAI, as he seeks to compete with OpenAI, the creator of ChatGPT -- a program he accuses of being politically biased and irresponsible. The xAI website said the Tesla tycoon would run the company separately from his other companies but that the technology developed would benefit those businesses, including Twitter. "The goal of xAI is to understand the true nature of the universe," the website said. Musk on Twitter added that the new company's aim was to "understand reality" and answer life's biggest questions. The startup is staffed by former researchers from OpenAI, Google DeepMind, Tesla, and the University of Toronto. The team is to be advised by Dan Hendrycks, who currently leads the Center for AI Safety, a San Francisco-based organization that warns against developing AI too quickly. Hendrycks also initiated the open letter to global leaders in June that warned AI was a risk to human existence on par with pandemics and nuclear war. Musk has repeatedly warned about the dangers of AI, having called it "our biggest existential threat," and saying that moving too fast was like "summoning the demon." He claimed to have cofounded OpenAI in 2015 because he regarded the dash by Google to make advances in artificial intelligence as reckless. He left OpenAI in 2018 to focus on Tesla and later said he was also uncomfortable with the profit-driven direction the company was taking under the stewardship of CEO Sam Altman. Musk also argues that OpenAI's large language models -- on which ChatGPT depends for content, as is the case with other AI programs -- are overly politically correct. Musk in April shared details of his plans for a new AI tool called "TruthGPT" in an interview with Fox News, the conservative broadcaster. In the interview, he said his new AI company would come very late after OpenAI and Google DeepMind, both of which have made great strides in recent years. "I think I will create a third option, although it's starting very late in the game. Can it be done? I don't know, we'll see," he said. The launch of an AI company on the scale of OpenAI or Google DeepMind would come at an enormous expense, especially in regards to the necessary semiconductors, known as GPUs, which are mainly built by California company Nvidia. The post Musk launches xAI to rival OpenAI, Google appeared first on Daily Tribune......»»