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Most Filipinos reject Charter change, lifting foreign ownership restrictions
An overwhelming majority of Filipinos oppose changing the 1987 Constitution at this time, according to a new Pulse Asia Survey, with results showing Filipinos in all regions and all socio-economic classes did not support the lifting of foreign ownership restrictions in key industries......»»
Survey shows Cha-cha still unpopular with Filipinos — Senate leaders
Senate President Juan Miguel Zubiri said that the findings of the survey by private pollster Pulse Asia, which was released on Wednesday, show that Charter change is an "unpopular move.".....»»
PEZA chief understands investors’ dilemma
The director general of the Philippine Economic Zone Authority said he understands the clamor of investors with regard to tax perks and incentives, which is why it’s only right that the government has finally decided to amend the implementing rules and regulations of Republic Act No. 11534 or the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act. During discussions at the Rotary Club of Manila membership meeting last 5 October 2023, a member of the Club who is an investor in various sectors locally said the current policies of the government in terms of tax perks were unpredictable because of the “tug of war” between the investment promotion agencies, that is, PEZA and the Board of Investments, which are both under the watch of the Department of Trade and Industry, and the Fiscal Incentives Review Board, chaired by Finance Secretary Benjamin Diokno. Last among five countries He said that explains why the Philippines is the last among five countries considered by investors as investment destinations in Southeast Asia, with investments now being dominated by Vietnam, followed by Singapore, Malaysia and Cambodia. The Rotarian said in terms of exports, the Philippines is also a laggard compared to the performance of the country’s Southeast Asian counterparts. Total Philippine exports dropped to $6.1 billion in July 2023, from $6.7 billion in the previous month. In comparison, Vietnam in August 2023 enjoyed $32.8 billion in exports. Most attractive destination Vietnam is now considered Southeast Asia’s most attractive destination for foreign investors because of its favorable business environment, steady economic growth, improved infrastructure and pro-foreign investment policy changes. According to Standard Chartered Bank, Vietnam’s advantages to being the top tourist destination are in terms of labor, global trade integration, supply chains, political stability, and potential resources, with the government committed to promoting trade and sustainable growth. Unclear policies Another issue that was being questioned by some investors, according to the Rotarian, is the realization of the Fourth Industrial Revolution which also doesn’t have clear policies for renewable energy, data centers, information technology and artificial intelligence. “We have yet to see concrete policy formulation and a roadmap to that effect, compared to the recent pronouncement of US President Joe Biden that Vietnam is positioned as the future chipmaker. The United States is currently legislating measures to dispense funds for that purpose. There seems to be a disconnect,” the investor said. Regarding this, PEZA’s Panga admitted that there were indeed ‘differences’ in terms of policies among government agencies, particularly the DTI and the FIRB. Still, Panga sought the support of the oldest and first Rotary Club in Asia where it concerns PEZA’s job to further attract foreign direct investments into the country. Panga emphasized that a whole government, industry, and society approach is needed to improve and lessen the cost of doing business. Eco-zoning push “Through our collaborations and strategic alliances, PEZA, together with the Rotary Club of Manila, other ecozone industries, and stakeholders, will continue to push for eco-zoning the Philippines towards inclusive and sustainable development,” he added. Last August 2023, Finance Secretary Diokno and Trade and Industry Secretary Pascual approved the amendment to the IRR of the CREATE Act that will resolve the value-added tax issues raised by transitory registered business enterprises. The post PEZA chief understands investors’ dilemma appeared first on Daily Tribune......»»
PEZA chief understands Rotarian investors’ dilemma
The director general of the Philippine Economic Zone Authority said he understands the clamor of investors with regard to tax perks and incentives, which is why it’s only right that the government has finally decided to amend the implementing rules and regulations of Republic Act No. 11534 or the Corporate Recovery and Tax Incentives for Enterprises Act. During discussions at the Rotary Club of Manila Membership Meeting on Thursday, a Rotarian who has invested in the country said the current policies of the government in terms of tax perks remain unpredictable because of the ‘tug of war’ between the investment promotion agencies, namely PEZA and the Board of Investments, which are all under the watch of the Department of Trade and Industry, with the Fiscal Incentives Review Board, chaired by Finance Secretary Benjamin Diokno. He said that the reason why the Philippines is the last among the top five countries considered as top investment countries in Southeast Asia, which is now being dominated by Vietnam, followed by Singapore, Malaysia, and Cambodia. He said in terms of exports, the Philippines is also a laggard compared to the performance of Southeast Asian counterparts. The Philippines' total exports plummeted to $6.1 billion in July 2023, compared with $6.7 billion in the previous month. Its tough competitor, Vietnam, this August 2023 is enjoying $32.8 billion in exports. Vietnam is now considered Southeast Asia’s most attractive destination for foreign investors because of its favorable business environment, steady economic growth, improved infrastructure, and policy changes. According to Standard Chartered, Vietnam’s advantages to being the top tourist destination are in terms of labor, global trade integration, supply chains, political stability, and potential resources, with the government committed to promoting trade and sustainable growth. Unclear policies Another issue that was being questioned by some investors, according to the Rotarian, is the realization of the Fourth Industrial Revolution which doesn’t have clear policies for renewable energy, data centers, information technology, and artificial intelligence. “We have yet to see concrete policy formulation and roadmap to that effect. Compared to the recent pronouncement of US President Joe Biden Vietnam will be positioned as the future chipmaker, and the US is now legislating measures to dispense funds for that purpose. There seems to be a disconnect,” the investor said. With this, PEZA’s Panga admitted that there are indeed ‘differences’ with government agencies, particularly the DTI and the FIRB, but also sought the support of the club in PEZA’s job to further attract foreign direct investments into the country. Panga further emphasized that a whole government, industry, and society approach is needed to improve the ease and lessen the cost of doing business. "Through our collaborations and strategic alliances, PEZA, together with the Rotary Club of Manila, other ecozone industries, and stakeholders, will continue to push for eco-zoning the Philippines towards inclusive and sustainable development," he added. Last August, Finance Secretary Diokno and Trade and Industry Secretary Pascual approved the amendment to the IRR of the Act that will resolve the value-added tax issues raised by transitory registered business enterprises. The post PEZA chief understands Rotarian investors’ dilemma appeared first on Daily Tribune......»»
Indonesia bans goods transactions on social media platforms
Indonesia has banned goods transactions on social media platforms in a new regulation, its trade minister said Wednesday, as Jakarta aims to rein in direct sales on major platforms it says are harming millions of small businesses. Calls had grown in recent months for a regulation governing social media and e-commerce, with offline sellers seeing their livelihoods threatened by the sale of cheaper products on TikTok Shop and other platforms. Indonesia is one of the world's biggest markets for TikTok Shop and was the first to pilot the app's e-commerce arm. "Now, e-commerce cannot become social media. It is separated," Trade Minister Zulkifli Hasan told a news conference in the capital, Jakarta, adding that the trade regulation came into force on Tuesday. Hasan said social commerce platforms would have a week to comply with the new rule. "Any government would protect local small businesses," he said, describing the regulation as a way to ensure "equality in business competition". The regulation means social commerce companies are now "prohibited to facilitate payment transactions in its electronic system", according to the regulation document seen by AFP. "Social commerce can place ads like TV, but it mustn't be transactional. (They) can't open shop, can't directly sell," Hasan said, without mentioning TikTok by name. Companies that did not comply would be warned first and would finally have their license to do business in Indonesia revoked, he said. Laws in the archipelago nation did not cover direct transactions through social media platforms such as TikTok, Facebook or Instagram before the new regulation. The new regulation is yet another setback for TikTok, which has faced intense scrutiny in the United States and other nations in recent months over users' data security and the company's alleged ties to Beijing. "Other countries are banning, we don't, we're regulating," Hasan said. Indonesia is now the first country in the region to act against the platform's growing popularity in social media commerce. The ministerial-level regulation -- an amendment to a trade regulation issued in 2020 -- did not need approval by lawmakers. TikTok Indonesia said the company was "deeply concerned" about the policy, which would impact millions of sellers and creators using TikTok Shop. "We respect local laws and regulations and will be pursuing a constructive path forward," it said in a statement. Meta -- which owns Facebook and Instagram -- did not respond to a request for comment. 'Markets are quiet' Hasan appeared to confirm the companies would have to choose between separate social media and e-commerce licences. "It's clear... there are no permits for social commerce. If (they) want social commerce, please, only for promotion and ads. If (they) want to sell, there are e-commerce (permits)." The regulation also sets a minimum price of $100 for certain foreign goods bought from Indonesian sellers on e-commerce platforms, according to the regulation document seen by AFP. Some offline sellers at the Tanah Abang market in Jakarta applauded the government's decision. "The government should... dare to innovate given the current situation, where markets are quiet like this," said Stevanie Ahua, a 60-year-old wholesale denim jeans seller. She said her revenue had dropped by 60 percent in recent months as buyers turned to online shops. Others such as 29-year-old cookie baker Panji Made Agung in Bali said he was disappointed by the ban. "For sellers like me, TikTok can be used for soft selling. We can become influencers and sellers at the same time," he said. Experts said the transaction ban would hit the coffers of social media platforms such as TikTok, which takes a commission from every sale. "They will definitely incur losses," said Tauhid Ahmad, executive director of the Jakarta-based Institute for Development of Economics and Finance. Indonesia's e-commerce market is dominated by platforms such as Tokopedia, Shopee and Lazada but TikTok Shop gained a significant market share since launching in 2021. Indonesia, with 125 million users, is TikTok's second-largest global market after the United States, according to company figures. TikTok's chief executive Shou Zi Chew visited Jakarta in June, pledging to pour billions of dollars into Southeast Asia in the years ahead. The post Indonesia bans goods transactions on social media platforms appeared first on Daily Tribune......»»
Indonesia bans goods transactions on social media platforms
Indonesia has banned goods transactions on social media platforms in a new regulation, its trade minister said Wednesday, as Jakarta aims to rein in direct sales on major platforms it says are harming millions of small businesses. Calls had grown in recent months for a regulation governing social media and e-commerce, with offline sellers seeing their livelihoods threatened by the sale of cheaper products on TikTok Shop and other platforms. "This trade regulation has been in force (since yesterday)," Trade Minister Zulkifli Hasan told a news conference in the capital Jakarta. He said social commerce platforms would have a week to comply with the new rule. "Any government would protect local small businesses," he said, saying the regulation was passed to ensure "equality in business competition". The regulation means social media firms will not be able to conduct direct transactions but only promote products on their platforms. "Social commerce can place ads like TV, but it mustn't be transactional. (They) can't open shop, can't directly sell," he said, without mentioning TikTok by name. Laws in the archipelago nation did not cover direct transactions through social media platforms such as TikTok, Facebook or Instagram before the new regulation. The new regulation is yet another setback for TikTok, which has faced intense scrutiny in the United States and other nations in recent months over users' data security and the company's alleged ties to Beijing. "Other countries are banning, we don't, (we're) regulating," Hasan said. Indonesia is one of the world's biggest markets for TikTok Shop and was the first to pilot the app's e-commerce arm. But Indonesia is now the first country in the region to act against the platform's growing popularity in social media commerce. The ministerial-level regulation -- an amendment to a trade regulation issued in 2020 -- did not need approval by lawmakers. Chinese technology giant and TikTok owner ByteDance and TikTok Indonesia did not respond immediately to a request for comment Wednesday. But a TikTok Indonesia spokesperson told AFP on Monday the ban would harm as many as six million local sellers who market their products on the platform. Meta -- which owns Facebook and Instagram -- did not respond to a request for comment. 'Markets are quiet' How the ban will work exactly remains unclear but experts said it could mean social media firms would have to obtain a separate approval for their e-commerce arms. "It could be that their license will be rearranged," said Tauhid Ahmad, executive director of the Jakarta-based Institute for Development of Economics and Finance. Offline sellers at Tanah Abang market in Jakarta applauded the government's decision. "The government should... dare to innovate given the current situation, where markets are quiet like this," said Stevanie Ahua, a 60-year-old wholesale denim jeans seller. She said her revenue had dropped by 60 percent in recent months as buyers turned to online shops. Others like 29-year-old cookie baker Panji Made Agung in Bali said he was disappointed by the ban. "For sellers like me, TikTok can be used for soft selling. We can become influencers and sellers at the same time," he said. Indonesia's e-commerce market is dominated by platforms such as Tokopedia, Shopee and Lazada but TikTok Shop gained a significant market share since launching in 2021. Indonesia, with 125 million users, is TikTok's second-largest global market after the United States, according to company figures. TikTok's chief executive Shou Zi Chew visited Jakarta in June, pledging to pour billions of dollars into Southeast Asia in the coming years. The post Indonesia bans goods transactions on social media platforms appeared first on Daily Tribune......»»
ARTA urged: Sanction non-EODB law compliant agencies — PCCI
A high-ranking official of the Philippine Chamber of Commerce and Industry is urging President Ferdinand Marcos Jr. to sharpen the tooth of the Republic Act 11032 or the Ease of Doing Business Law, as more and more agencies continue to be bureaucratic about facilitating permits — the cause of delays in both local and foreign investments “In general, what we want to ask the President is that we’d like to haggle on the Ease of Doing Business. ARTA is doing very well but still, there are lots of agencies that are not on the ball when it comes to following the mandate of the law,” PCCI chairman emeritus Sergio Ortiz-Luis Jr said during an interview with the Daily Tribune’s Straight Talk. Signed into law by then-President Rodrigo Duterte, RA 11032 aims to entice entrepreneurs to open up their businesses in the Philippines by expediting business and non-business transactions including the issuance of permits and licenses and holding government officials accountable for graft and corruption. Promotes ease of doing business During the anniversary of the Securities and Exchange Commission in June, Marcos told SEC officials to “use all your successes to further promote ease of doing business and to actively contribute to our overall goal of bringing a comfortable life to our people.” Meanwhile, Ortiz-Luis said in terms of realizing the objective of further improving the economy through export promotion and enticing foreign direct investments, Marcos Jr. should increase the budget of the Department of Trade and Industry. In an earlier interview, Ortiz Luis said the PCCI would like to see a P10-billion budget for DTI in 2024. Magna Carta for MSMEs “We would also like to see the passage of the Magna Carta for MSME. It’s already the third amendment but we cannot appreciate it because the funding still looks like a token for us. We are the most underbanked MSME in Asia,” he said. He said the Magna Carta for MSME is currently being deliberated at the House of Representatives “but we have not seen the needed push that we are looking for, as well as the right budget for it. We seek the President’s prioritization for it.” Notable features for the amendments of the Magna Carta for MSMEs being deliberated at the House of Representatives include limiting of the cost of permits and licenses to P500 per agency for registered microenterprises and P5,000 per agency for registered small enterprises; allocation of 20 percent of all their procurement opportunities for goods and services to eligible MSMEs; and the use of free spaces measuring at least one percent of the total space in government buildings and structures by authorized MSME stores free of charge, among others. Other requests of the PCCI leader to President Marcos Jr. include the passage of the Asin Law and the revitalization of the bamboo industry which he said the Philippines is rich in and could be of use in generating huge revenues for the country through exports. The post ARTA urged: Sanction non-EODB law compliant agencies — PCCI appeared first on Daily Tribune......»»
Biden says Republican debt ceiling demands ‘unacceptable’
President Joe Biden on Sunday slammed Republican demands in negotiations to resolve the US debt ceiling standoff as "unacceptable" but said a solution can still be found before a disastrous default. Speaking at a press conference just before returning to Washington from the G7 summit in Hiroshima, Japan, Biden said Republicans' latest demands for spending cuts as a condition for raising the US government's borrowing authority were "frankly unacceptable." "It's time for the other side to move from their extreme positions," he said. Biden said he would talk directly with the Republican leader, House Speaker Kevin McCarthy, during his Air Force One flight on Sunday back to Washington and said "we can reach an agreement." But he also said that he was looking into a dramatic attempt to invoke an obscure constitutional clause -- which states that the validity of public debt "shall not be questioned" -- to circumvent Congress and raise the debt ceiling himself. "I can't guarantee that they wouldn't force a default by doing something outrageous," Biden said of the Republicans. "I'm looking at the 14th amendment." "I think we have the authority. The question is could it be done and invoked in time," he said. Biden had planned to travel from Japan to Papua New Guinea and Australia but cut short the Asia trip due to the ongoing debt talks. The Treasury Department says that the government could run out of money and default on its $31 trillion debt as early as June 1 if Congress, where Republicans control the House of Representatives, does not authorize more borrowing. Hostage accusation The debt ceiling raise is usually an uncontroversial annual procedure but this year the increasingly hard-right Republican party has turned the threat of default into a powerful lever to try and force Biden to accept making heavy spending cuts. Biden has refused, accusing his opponents of putting the US economy at risk for political point scoring. Discussions appeared to be at an impasse overnight Saturday in Washington, as both sides traded accusations. "We're making 0 demands to avoid default. You're the only ones with a hostage," tweeted White House spokesperson Andrew Bates, accusing Republicans of seeking to trigger a recession in the world's leading economy. White House Press Secretary Karine Jean-Pierre said in a statement that the latest Republican demands were "a big step back and contained a set of extreme partisan demands that could never pass both houses of Congress." She said that McCarthy's hand had been forced by his party's pro-Donald Trump wing which is "threatening to put our nation into default for the first time in our history unless extreme partisan demands are met." McCarthy, however, tweeted Saturday to say the White House was the one "moving backward." "Unfortunately, the socialist wing of the Democrat Party appears to be in control -- especially with President Biden out of the country," he said. On Friday, Republicans had briefly walked out of negotiations, but after talks restarted, Jean-Pierre said she was "optimistic." And Biden had insisted Saturday that he was "not at all" worried. More borrowing is required by the US government just to meet expenditures already made, meaning failure to strike a deal to lift the debt ceiling would leave Washington unable to pay its bills, triggering a likely array of economic shockwaves around the world. The post Biden says Republican debt ceiling demands ‘unacceptable’ appeared first on Daily Tribune......»»
Biden cuts back Asia tour as hopes rise of debt deal
Joe Biden and opposition Republican leaders on Tuesday offered hope of a deal that could avoid a catastrophic US debt default, although the president was forced to shorten an upcoming Asia tour for further crisis talks. After the latest negotiations ended without a breakthrough, Republican House speaker Kevin McCarthy told reporters there was still "a lot of work to do" to break the high-stakes standoff with Democrat Biden over the borrowing limit. But while stark differences remained, the White House said Biden was "optimistic that there is a path to a responsible, bipartisan budget agreement if both sides negotiate in good faith." And McCarthy likewise indicated he ultimately expected a deal, even if so far "nothing has been resolved." "America is the number one economy in the world. And when we get done with these negotiations, America's economy is going to be stronger," he said. The US president -- who flies to Japan on Wednesday for a G7 summit -- scrapped subsequent stops in Papua New Guinea and Australia, instead returning to Washington on Sunday. The Treasury has warned of grim consequences if the country runs out of cash to pay its bills, which would leave it unable to pay federal workers and trigger a likely surge in interest rates with knock-on effects for businesses, mortgages -- and global markets. The United States could begin defaulting on its debts "potentially as early as June 1," Treasury Secretary Janet Yellen said Monday, while the nonpartisan Congressional Budget Office has forecast June 15. The White House said Biden had directed his staff "to continue to meet daily on outstanding issues," and that he would confer with Republican leaders on his return from the G7 meetings. Republicans have continued to insist Biden agree to significant spending cuts in exchange for their support to raise the debt ceiling, ignoring Democratic calls for a "clean" increase of the borrowing limit with no strings attached. Democrats have accused Republicans of using extreme tactics to push their agenda ahead of the so-called "X-date" at which the United States starts defaulting on its debts. In a sign of growing nervousness over what would be the first-ever US debt default, more than 140 top US chief executives sent a letter to Biden and congressional leaders stressing the need for an agreement. "We strongly urge that an accord be reached quickly so that the country can avert this potentially devastating scenario," the letter signed by the CEOs from Pfizer and Morgan Stanley, among others, said. Republicans, who regained control of the House in the 2022 midterm elections, are using their newfound clout to demand cuts of $130 billion from federal agencies and programs in exchange for support for lifting the debt ceiling. This would limit spending in the 2024 fiscal year to 2022 levels. They also want to expedite domestic energy production projects, simplify the process for obtaining permits for pipelines and refineries and claw back unspent Covid relief funding. There are now only three days remaining when the House and Senate are both in session before June 1 -- the day the Treasury predicts the United States could run out of money. Some senators have acknowledged that they may have to cancel the Memorial Day recess beginning Thursday to get a deal finalized. As the X-date draws closer, Democrats in Congress have begun considering a range of alternatives, including using an arcane congressional procedure to bypass McCarthy. They've also contemplated asking Biden to invoke the 14th Amendment to raise the debt ceiling unilaterally, which some legal scholars believe would allow the Treasury to simply ignore the debt limit. But Biden has cautioned that such a move could be challenged in court and has continued to call publicly for Republicans to support a clean increase to the debt ceiling. The post Biden cuts back Asia tour as hopes rise of debt deal appeared first on Daily Tribune......»»
Biden and McCarthy to reconvene Tuesday for debt limit talks
President Joe Biden will reconvene crunch debt talks Tuesday with senior Republican leaders including House Speaker Kevin McCarthy in another attempt to avert a costly US default. The Treasury has warned that the US could run out of cash to pay its bills as soon as 1 June, leaving it unable to pay federal workers and triggering a likely surge in interest rates with a huge impact on businesses and mortgage holders. The talks have a lot of ground to cover, with the two parties still sharply divided on the terms under which they will agree to lift the government's borrowing cap to pay for existing spending commitments. Republicans continue to insist that Biden agrees to significant spending cuts in exchange for their support to raise the debt ceiling, while Democrats have been calling for a "clean" increase of the borrowing limit with no strings attached. They have accused Republicans of using extreme tactics to push their political agenda ahead of the so-called "X-date" -- the point at which the United States will be unable to meet its financial obligations. Treasury Secretary Janet Yellen has warned the X-date could come as early as June 1, while the nonpartisan Congressional Budget Office forecast on Friday an X-date of 15 June. Still far apart House, Senate, and White House negotiators met over the weekend in a bid to make progress ahead of the talks, US media reported. When asked Monday whether he was meeting with McCarthy the following day, Biden responded in the affirmative. But McCarthy signaled the two sides still had much to hammer out. "I still think we're far apart," he told reporters Monday at the US Capitol, adding that "it doesn't seem to me yet that they want a deal." "They're not talking anything serious," he went on. "It seems more like they want a default than a deal." Republicans, who regained control of the House in the midterm elections, are using their newfound political clout to demand deep cuts of roughly $130 billion from federal agencies and programs in exchange for their support, limiting spending in the 2024 fiscal year to 2022 levels. They also want to expedite domestic energy production projects, simplify the process for obtaining permits for pipelines and refineries, claw back unspent Covid relief funding, and impose work requirements for social programs. President Biden has rebuffed many of these proposals, accusing Republicans of "holding the economy hostage" to further their political objectives. Four days left Including Monday, there are just four days remaining when the House and Senate are both in session before 1 June. Some senators have acknowledged that they may have to cancel the Memorial Day recess beginning Thursday to get a deal finalized, although there is no official plan to do so. In recent days, Biden has suggested he may have to postpone a planned trip to Asia later this month if the two sides fail to reach agreement, but has stopped short of canceling his visit while the talks continue. As the X-date draws closer, Democrats in Congress have begun considering a range of alternatives, including using an arcane congressional procedure to bypass McCarthy. They've also contemplated asking Biden to invoke the 14th Amendment to raise the debt ceiling unilaterally -- a move opposed by Republicans. The legal argument for doing so hinges around language in the Civil War-era amendment stating that US sovereign debt "shall not be questioned," which some legal scholars believe would allow the Treasury to simply ignore the debt limit. But Biden has cautioned that the move would almost certainly be challenged in court, and has instead continued to call on Republicans to support a clean increase to the debt ceiling. Not doing so could cause a recession, which would be "catastrophic," Deputy Treasury Secretary Wally Adeyemo told CNN Sunday. "The United States of America has never defaulted on its debt -- and we can't," he said. The post Biden and McCarthy to reconvene Tuesday for debt limit talks appeared first on Daily Tribune......»»
Xinhua Asia-Pacific news summary at 1600 GMT, Feb. 26
HONG KONG -- The Hong Kong Special Administrative Region (HKSAR) government on Friday published an amendment bill in the Gazette that requires District Council (DC) members to take oaths when takin.....»»
Judges question warrants in Kraft massage parlor sex case
By TERRY SPENCER Associated Press FORT LAUDERDALE, Fla. (AP) — Florida appellate judges on Tuesday questioned the legality of search warrants that let police secretly video record New England Patriots owner Robert Kraft and others paying for massage parlor sex, pressing a prosecutor on his contention that the warrants were legally valid. Deputy Solicitor General Jeffrey DeSousa found himself repeatedly queried by the three-judge panel as he tried to persuade them that the warrants and searches met all constitutional protections and that they should overturn lower court rulings that barred the recordings' use at trial. Misdemeanor charges against Kraft, 79, and other customers would have to be dropped if those rulings stand, although felony charges against the spa owners might proceed as there is other evidence against them. Kraft and others were charged in February 2019 in a multi-county investigation of massage parlors that included the secret installation of video cameras in the spas' lobbies and rooms. Police say the recordings show Kraft and other men engaging in sex acts with women and paying them. Police say they twice recorded Kraft, a widower, paying for sex at the Orchids of Asia massage parlor. Kraft has pleaded not guilty but issued a public apology. Judge Robert Gross, who presided at the Florida Fourth District Court of Appeal hearing, seemed taken aback by DeSousa's contention that he and his colleagues should primarily consider the plain language of the Fourth Amendment. It says judges can issue warrants if police demonstrate probable cause of a crime, that warrants must specify the place to be searched and what can be seized. Gross told DeSousa he seemed to be ignoring numerous rulings by the U.S. Supreme Court expanding Fourth Amendment protections since the 1960s, including some that restrict electronic surveillance by police. “You are getting us off on the wrong foot by focusing on the language of the Fourth Amendment when we should be focusing on the Supreme Court jurisprudence....that is heavily weighted against you,” Gross told DeSousa. The 90-minute hearing included arguments on whether cameras were necessary; on whether the police violated the privacy of customers who simply received massages; and on the proper sanction if the defendants' rights were violated. The attorneys for Kraft and the other defendants argued that police failed to minimize the privacy violations they committed by recording innocent customers, including women, who received legal massages. “These cameras, that were put into private massage rooms where patrons would be undressing as a matter of course, they recorded everything," Kraft attorney Derek Shaffer said. He said Kraft “had the same reasonable expectation of privacy that any massage patron going to a licensed facility would be entitled.” Attorneys also argued the cameras weren't necessary as police already had enough evidence to charge the spa owners, including bank records, website advertising, outside video surveillance and napkins containing bodily fluids retrieved from garbage bins. The only proper punishment for prosecutors and police, they argued, is to throw out all recordings. DeSousa argued that police and prosecutors need the recording to convict the owners of felonies. The owners must be shown receiving payments from the prostitutes and the only way to get that is to install cameras, he said. He said detectives had to fully record all massages, because the sex acts happened at their conclusion and 95% of male customers received one. While no female customers paid for sex, they were few in number and to not record them could be seen as discriminating against men, he said. DeSousa said even if the court finds police violated innocent customers' privacy rights, the Supreme Court has ruled that in most circumstances, only improperly seized evidence should be thrown out. Since Kraft, the other men and the masseuses were engaged in crimes, their recordings should be permitted, he said. “Given the unique and difficult circumstances confronting these officers, the conspiracy, the logistics of the operation, what they reasonably anticipated they would see and the difficulty of knowing at the start of any given massage will this end with a happy ending or will it not, we think what law enforcement did here was entirely reasonable,” DeSousa said. The court usually takes weeks to issue rulings. The losing side will likely appeal to the state Supreme Court, which could accept the case or let the decision stand. If convicted, Kraft would likely receive a fine, community service and other sanctions, but he could also be suspended or otherwise punished by the National Football League......»»
Philippines beats India for back-to-back wins in women’s Asia ice hockey tiff
The Philippine women’s ice hockey team picked up where they left off after their opening win in the 2024 IIHF Women’s Asia and Oceania Cup with a 7-0 shutout of India at the Bishkek Arena in Kyrgyzstan on Wednesday......»»
Unlock business success at Franchise Asia Philippines Expo
The Franchise Asia Philippines Expo 2024 is set to hold a series of dynamic seminars designed to empower entrepreneurs, investors and business enthusiasts with the knowledge and tools needed to thrive in the ever-evolving world of franchising. Slated from April 12 to 14 at the SMX Convention Center Manila, these seminars offer invaluable insights into key aspects of franchising and business growth......»»
Boracay, Palawan named among ‘Best Islands in Asia-Pacific’
Two island destinations in the Philippines were included in the 10 “Best Islands in Asia-Pacific” by a foreign travel magazine......»»
Gilas women off to great start in FIBA 3x3 Asia Cup
The Gilas Pilipinas women had a strong start in the 2024 FIBA 3x3 Asia Cup after coming up unscathed in the first day of the competition Wednesday at the Singapore Sports Hub......»»
'MahalNaAraw2024: Mga Tradisyon tuwing Semana Santa
MAHALAGA ang paggunita ng Semana Santa o Holy Week lalo na sa mga Pilipino na may sagradong paniniwala bilang Katoliko. Sa katunayan, tinaguriang “Asia’s Bastion of Christianity” ang Pilipinas at isa rin ito sa mga bansang may malaking bilang ng mga Katoliko. Kaya naman hindi na rin kataka-taka na talagang binibigyan ng importansya ang Mahal.....»»
‘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.”.....»»
Xinhua Asia-Pacific news summary at 1600 GMT, March 25
JAKARTA -- One was killed and nine others, including children, went missing after a landslide struck a village in the Indonesian province of West Java on Sunday, a local official said Monday. The disaster took place in Cibenda village in West Bandung regency on Sunday after torrential rain reportedly poured over the area for around two hours. (Indonesia-Landslide) - - - - SYDNEY -- Local media repo.....»»
Australia s reputation among Pacific neighbours weakening
From carrying the Coalition's AUKUS pact to supporting Israel's self-defence initiative, Labor's reputation is souring among voters. Bilal Cleland reports.ASIA IS SENSITIVE to memories of the White Australia Policy, the f.....»»