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MTRCB suspends ‘It’s Showtime’ for 12 airing days — but no mention of Vice-Ion
The Movie and Television Review and Classification Board issued today, 4 September, its decision to suspend the noontime program It’s Showtime for 12 airing days. In a statement released to the media, the government agency said it has received “multiple complaints” from viewers concerning the show’s episode last 25 July, in which unspecified hosts “allegedly acted in an indecent manner” during the “Isip Bata” segment. Based on those complaints, the MTRCB made a case against It’s Showtime. The case was referred to its Hearing and Adjudication Committee, which then summoned the people behind the show as respondents as part of the procedural process. The respondents may file one Motion of Reconsideration within 15 days after receipt of the decision, in accordance with the Presidential Decree No. 1986 (MTRCB Charter). If the MR gets an unfavorable decision from the agency’s Board, the show may appeal to the Office of the President within 15 days from the receipt of the decision on the MR. “Isip Bata” is a game played with 20 adult contestants guessing the recorded answers of 50 kids to a particular question, until only one remains to advance to the jackpot round for a chance to win P50,000. At one point during the 25 July episode, host Ion Perez playfully swiped icing off a cake he was holding. His cohost and spouse Vice Ganda (they were married in the U.S. city of Las Vegas in 2022) played along, swiping some icing off Ion’s finger then licking it. That act triggered complaints against the show filed at the MTRCB. But the MTRCB neither specified that incident nor mentioned any names in its statement announcing It’s Showtime’s suspension. However, it described two other cases that it said elicited additional warnings for the noontime show. The first case involved hosts Jhong Hilario and Vince Ganda’s “inappropriate utterance” of the word “G Spot” in the 24 January 2023 episode, deemed in violation of Section 2 (B), Chapter IV of the Implementing Rules and Regulations of Presidential Decree No. 1986. The second case referred to host Vhong Navarro’s “inappropriate utterance” of the word “Tinggil” in the 3 June 2023 episode, also deemed in violation of Section 2 (B), Chapter IV of the Implementing Rules and Regulations of P.D. No. 1986. Both cases are now under review by the agency’s Board. Prior to this suspension, the MTRCB pointed out in its statement that it had imposed back in 2010 a 20-day preventive suspension on ABS-CBN’s noontime show then called Showtime. Here is MTRCB’s full statement: The Movie and Television Review and Classification Board (MTRCB) issued today, 04 September 2023, its decision to suspend the live noontime program “It’s Showtime!” for twelve (12) airing days. Viewers have lodged multiple complaints before the MTRCB concerning the show’s 25 July 2023 episode wherein the program’s hosts allegedly acted in an indecent manner during one of its segments, “Isip Bata.” The said case was referred to the MTRCB’s Hearing and Adjudication Committee which heard the case and required the respondents to submit their position papers, following a procedural process. In accordance with the Presidential Decree (P.D.) No. 1986 (MTRCB Charter), the respondents may file one Motion for Reconsideration (MR) within fifteen (15) days after receipt of the decision. Should the Board’s Decision be adverse to the respondent’s MR, they may appeal to the Office of the President within fifteen (15) days from the receipt of the decision on the MR. This is not the first time that a preventive suspension order was imposed on It’s Showtime. In 2010, the MTRCB imposed a 20-day preventive suspension on ABS-CBN’s daily variety program then called “Showtime.” In 2023 alone, the MTRCB has received multiple complaints which the Board has given due course. Most recently, the Board issued two (2) additional warnings to the noontime show concerning the following cases: Case no. 1: Inappropriate utterance of the word “G Spot” by hosts Jhong Hilario and Vice Ganda, during the 24 January 2023 episode of “It’s Showtime!” in violation of Section 2 (B), Chapter IV of the Implementing Rules and Regulations of Presidential Decree (P.D.) No. 1986. Decision: The Board found the Respondents (ABS-CBN Corporation Broadcasting Network [ABS-CBN], ZOE Broadcasting Network, Inc. [ZBNI] and TV 5 Network, Inc.) remiss in the performance of their respective functions and duties required under the Implementing Rules and Regulations (IRR) of P.D. No. 1986, specifically Section 2 (B) Chapter IV thereof, and are admonished to refrain from making any utterances of similar nature for the same will be dealt more severely. Case no. 2: Inappropriate utterance of the word “Tinggil” by host Vhong Navarro, during the 03 June 2023 episode of “It’s Showtime!” in violation of Section 2 (B), Chapter IV of the Implementing Rules and Regulations of P.D. No. 1986. Decision: Derelict in the performance of their respective functions and duties under the IRR of P.D. No. 1986, Respondents (ABS-CBN and ZBNI) were sternly warned by the Board that a similar utterance will be dealt with more severely. At present, the noontime show has duly submitted their MRs for the above-mentioned cases which are currently pending with the MTRCB’s Adjudication Committee. Prior Warnings It may also be recalled that the noontime show received prior warnings from the Board in relation to the utterance of the word “Pek Pek Shorts” in the 09 January 2023 episode of the show and the indecent attire and performance of Kim Duenas in the “Girl on Fire” segment aired on 14 February 2023, in both cases, the Respondents were admonished that similar violations shall be dealt with more severely. Dismissed Complaints over lack of Merit Apart from these, the MTRCB has received multiple complaints regarding the noontime show, which the Board dismissed in the spirit of fairness and equity, such as (1) Complaints regarding the “Rampanalo” segment money game where hosts were paired together to catch play money using their lips; (2) Complaints regarding the allegedly suggestive “macho” dancing in one of the show’s segments; (3) Complaints regarding the wardrobe malfunctions or “nip slips” of one of the performers, to which MTRCB issued a memorandum urging stakeholders to exercise prudence in securing their talents’ clothing during performances; and (4) Complaints of alleged inappropriate wearing of the Barong Tagalog of one of the Hosts, to name a few. The MTRCB only adjudicates cases which, to the Board’s judgment, have basis in law and its mandate, P.D. No. 1986. 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Departure rules ‘not restrictive’
Recently revised departure guidelines for Filipino travelers targeted to boost government measures to fight trafficking and were not meant to intrude on privacy and impede the right to travel. In a news forum on Saturday, Justice Assistant Secretary Mico Clavano said the decision of the Inter-Agency Council Against Trafficking to revise the departure guidelines really aims to reduce “the grave menace of human trafficking” in the country. Clavano added that the 2023 revised IACAT guidelines were culled out from the 2015 policy. The IACAT, he said, is not imposing additional documentary requirements on travelers, he said. “It is not true that we’re asking for additional requirements. If there are red flags, if there are inconsistencies in their stories, or if they did not meet the standards of immigration officers — then questioning will follow,” Clavano said. The IACAT earlier announced it will implement revised departure protocols for Filipinos traveling abroad beginning 3 September. Senator Risa Hontiveros appealed to the Bureau of Immigration not to “bully” Filipino travelers who are going abroad when it starts imposing stricter regulations starting next month. Bullying alleged As the author and sponsor of the Expanded Anti-Trafficking in Persons Act and one of the lawmakers who exposed the scam syndicates within and outside of the Philippines, Hontiveros said she believes the government must ramp up its efforts in fighting human trafficking. “I believe it is absolutely imperative that we do more against human trafficking. I am aware of the magnitude of this serious global problem,” she added. “But my appeal to the BI is not to bully our Filipino tourists. Let’s give our compatriots a chance to relax and visit their families without much hassle,” she added. Senator Francis Tolentino hopes that the revised guidelines won’t become another burden to outbound Filipino travelers. In a radio interview on Saturday, Tolentino urged the IACAT to simplify the requirements for Filipino travelers and their processing going through the immigration counters at the airports. The post Departure rules ‘not restrictive’ appeared first on Daily Tribune......»»
DOJ: Revised departure guidelines to boost Phl’s anti-human trafficking efforts
The Department of Justice stressed that the revised departure guidelines for international-bound Filipino travelers primarily target to boost the government measures to fight human trafficking in the country—far from claims that it was intended to intrude on people’s privacy and impede traveling rights. In a news forum on Saturday, DOJ Assistant Secretary Mico Clavano said the decision of the Inter-Agency Council Against Trafficking to revise the departure guidelines really aims to reduce “the grave menace of human trafficking” in the country. Clavano further explained that the 2023 revised IACAT guidelines were culled out from the 2015 policy. Thus, the IACAT is not imposing additional documentary requirements on travelers, he said. “Hindi po totoo na additional requirement dahil hindi naman ho iyan required. ‘Pag mayroon lang red flags, ‘pag mayroon lang nakitang inconsistency sa kuwento or hindi na-meet iyong standard po ng ating mga Immigration Officers, doon lang sila magtatanong (It is not true that we require additional requirement because it’s not required. If there are red flags, if there are inconsistencies in their stories or if they did not meet he standards of immigration officers—then questioning will follow),” said Clavano. The IACAT earlier announced it will implement revised departure protocols for Filipinos traveling abroad beginning 3 September. Senator Risa Hontiveros appealed to the Bureau of Immigration not to “bully” Filipino travelers who are going abroad when it starts imposing stricter regulations starting next month. As the author and sponsor of the Expanded Anti-Trafficking in Persons Act and one of the lawmakers who exposed the scam hubs within and outside of the Philippines, Hontiveros said she believes it is absolutely imperative for the government to ramp up its efforts in fighting human trafficking. “I believe it is absolutely imperative that we do more against human trafficking. I am aware of the magnitude of this serious global problem,” she added. “Ngunit hinihingi ko din sa ating BI na huwag naman maging bully sa ating mga Pinoy na turista. Bigyan natin ng pagkakataon ang ating mga kababayan na maka-relax o makabisita sa kanilang pamilya ng walang malaking abala (But my appeal to the BI is not to bully our Filipino tourists. Let’s give our compatriots a chance to relax and visit their families without much hassle),” she added. Senator Francis Tolentino hopes that the revised guidelines won’t become another burden to outbound Filipino travelers. In a radio interview on Saturday, Tolentino urged the IACAT to simplify the requirements for Filipino travelers and their processing going through the immigration counters at the airports. Tolentino said the agency should also enhance their information drive on required travel documents and the process of undergoing immigration interrogation. The senator added there must be a “synchronized” process so that Filipinos who wish to go abroad can travel smoothly. In imposing the revised guidelines, Hontiveros hopes the BI would also impose stricter policies for travelers entering the Philippines. “Sana ay kung gaano kahigpit ang BI sa mga palabas ng Pilipinas ay ganoon din ito kahigpit sa mga papasok sa bansa (Hopefully, as strict as BI is on those travelers going out of Philippines, it will also be as strict on those entering the country),” she said. Hontiveros lamented that Filipinos traveling outside the country should not be treated as second-class citizens within Philippine airports. Under the revised guidelines, outbound passengers should present the basic travel documents consisting of a passport with at least six months validity from the date of departure; an appropriate valid visa whenever required; a confirmed return or roundtrip ticket, if necessary; and a boarding pass. For tourists, immigration officials may also ask for proof of hotel booking/accommodation, financial capacity or source of income; passenger’s declared purpose of travel, proof of employment, and other similar documents. Immigration officials may also ask outbound travelers for a copy of their original Philippine Statistics Authority-issued birth certificate or report of birth or marriage certificate/report of marriage, copies of documents of sponsor, valid work visa or permit, residency permit, or any equivalent document, overseas employment certificate, e-receipt, or OFW clearance for OFW sponsors. If traveling through a relative’s sponsorship, an original affidavit of support and guarantee duly notarized by the Philippine Embassy, Consulate, or Honorary Consulate must be presented. Clavano urged outbound travelers especially overseas Filipino workers (OFWs), to follow the revised IACAT guidelines, by preparing the required documents before proceeding to immigration counters at the airports, to ensure hassle-free processing of their travel documents. “Well, this is really not a hindrance to the right to travel. Ito po ay isang polisiya ng ating gobyerno na i-eradicate or tigilan na talaga itong malawak at malalim na problema ng human trafficking,” he said. The post DOJ: Revised departure guidelines to boost Phl’s anti-human trafficking efforts appeared first on Daily Tribune......»»
Workers rally behind Palawan mining firm
PUERTO PRINCESA CITY, Palawan — In a show of solidarity, more than 1,500 workers gathered for a motorcade recently to express support for the Ipilan Nickel Corporation as it faces obstacles in its mining operations in Brooke’s Point, Palawan. This comes after the recent release of a cease-and-desist order from the National Commission on Indigenous Peoples and a writ of kalikasan issued by the Supreme Court. The motorcade, stretching from Barangay Calasaguen to Barangay Ipilan where INC conducts its mining activities, was organized to showcase the employees’ support for the company in the midst of these challenging circumstances. It was organized by the employees in response to the CDO issued by the NCIP on 16 August, which mandated Ipilan Nickel Corporation to stop its operations due to alleged non-compliance with the Certification Precondition requirement. The CP is a crucial component of the Free, Prior, and Informed Consent process outlined in the Indigenous Peoples’ Rights Act of 1997, designed to safeguard the rights and interests of indigenous communities. Arnel Abela, belonging to the Palawan indigenous group and working for Ipilan, voiced his dissatisfaction with the CDO as he stressed the favorable influence of the company’s assistance on his family’s welfare, especially in fulfilling their everyday necessities. “I believe that INC is responsible mining company. Finding a job is truly difficult for people like us who didn’t have the chance to study. The help of INC has been significant for individuals in our situation, and it has brought about considerable changes in our lives. Being able to work for INC has greatly benefited my family, including myself,” Abela said. Meantime, Alex Arabis, the mine manager based in Ipilan, conveyed his gratitude to the workers for their steadfast backing throughout the motorcade as he expressed the company’s gratitude towards volunteers hailing from different barangays and other groups who exhibited unity. To recall, Ipilan was given a five-day grace period by the NCIP to suspend its activities and implement safety measures for the well-being of the community. Although the resolution was dated 11 August, it was officially issued by the NCIP’s Palawan office on 16 August. In response to the CDO, Ipilan and Celestial Nickel Mining Exploration Corporation filed an appeal with the NCIP on 18 August, seeking a reconsideration of the decision. The post Workers rally behind Palawan mining firm appeared first on Daily Tribune......»»
Sultan Kudarat top insurgent falls
ZAMBOANGA CITY — The Joint Task Force Central on Tuesday reported that a high-ranking leader of the New People’s Army and one of the highly-valued targets of the military was killed during an encounter with state troops in Palimbang, Sultan Kudarat. JTF-C Commander Maj. Gen. Alex Rillera said the leader of NPA’s Beijing Platoon of the Far South Mindanao Region died in the clash at Sitio Kalogkog, Badiangon, Palimbang, Sultan Kudarat shortly before midnight on Sunday. Rillera identified the slain NPA leader as Joseph Longan alias Michael, one of the remaining leaders of the NPA-FMR. “Due to the report earlier that NPAs are recruiting high school students in the Sultan Kudarat area, we have intensified the operation against these NPAs that resulted in the neutralization of Longan,” Rillera said. Meantime, 603rd Brigade commander Brigadier General Michael Santos revealed that a grenade, food and personal belongings were also recovered from Longan’s possession. “These NPA members have nowhere to go in our area (Sultan Kudarat) because we will continue to conduct military operations against them,” Santos said. Rillera also renewed his appeal to the remaining NPA members to return to the government. “We will give you a chance to change your life with your beloved families, your government is here to help you because no one wins by using force,” Rillera said. “We know that you were just a victim of the treacherous senior NPA members of the group who brought your colleague to such a terrible misfortune. We are ready to listen to your grievances,” he added. JTF-Central records showed that of the total 42 NPAs logged, seven were arrested, 12 were killed while 23 surrendered to the government since January this year. The post Sultan Kudarat top insurgent falls 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......»»
Sultan Kudarat clash leaves insurgent dead
ZAMBOANGA CITY — State troops in Central Mindanao have reportedly clashed with individuals believed to be members of the New People’s Army at Kalamansig municipality in Sultan Kudarat. Joint Task Force Central on Friday reported that an insurgent was confirmed dead while other NPA members were injured during the 20-minute firefight. JTF-Central commander Maj. Gen. Alex Rillera narrated that soldiers patrolling the forested areas of Barangay Limulan in Kalamansig have encountered the group at about 3 p.m. on Thursday. He added that after the dust settled, one insurgent died while an undisclosed number of rebels were reportedly injured. “Fortunately, none of the government troops were hurt but when the operating troops investigated the scene of the encounter, we found the body of a communist terrorist who was blinded and left alone by his colleagues,” Rillera said. Brig. Gen. Michael Santos, commander of the 603rd Brigade also reported that he immediately instructed the units under his command not to give the fleeing terrorists an opportunity to regroup again. “We will continue our pursuit of the remaining members of the NPA communist terrorist group. We also got their two M14 rifles, so their war equipment is gradually running out,” Santos said. Meanwhile, Rillera continues to appeal to members of the NPA to give peace a chance by surrendering to the folds of the law. “Avail of this chance to change your life and be once again with your family. Your government is here and ready to help you because no one wins by using force,” Rillera said. “We know that you were just a victim of the treacherous senior members of the terrorist group who brought your colleague to such a terrible misfortune. We are here and ready to listen to your grievances,” he added. Since January, the 6ID has neutralized 40 communist rebels. Of this number, five were arrested, 11 were killed and 24 voluntarily returned to the fold of the law. The post Sultan Kudarat clash leaves insurgent dead appeared first on Daily Tribune......»»
Martial arts superstar Bruce Lee’s legacy endures 50 years on
Hong Kong businessman W. Wong still remembers the day in 1972 when he first heard neighborhood kids rave about a figure who seemed larger than life: Bruce Lee. Lee, a consummate martial artist whose films spawned a kung fu craze around the world, was one of the first Asian men to achieve Hollywood superstardom before his death at 32. His influence can still be felt in Hong Kong, where he spent his childhood and final years, as fans this week hold exhibitions and martial arts workshops to mark the 50th anniversary of Lee's death. "Every child needs some kind of role model, and I chose Bruce Lee," said Wong, 54, who has led the city's largest fan club devoted to the star for nearly three decades. "I had hoped my life would resemble the Bruce Lee I saw: handsome, strong, with great martial arts skills and a heroic image." At a studio for Wing Chun -- a style of martial arts Lee practiced before inventing his own Jeet Kune Do method -- the martial arts master is revered as something akin to a patron saint. Studio owner Cheng Chi-ping, 69, told AFP his cohort began their training under the shadow of Lee's cultural influence but "we could never match his speed, strength or physique". Lee's appeal had not diminished for the next generation, said Mic Leung, 45, who trained at the same studio and, as a teenager, sought out Lee's movies on old videotapes. "When we talk about the 'god of martial arts', we could only be talking about Bruce Lee. There is no one else," he said. Smashing barriers Born in San Francisco in 1940, Lee was raised in Hong Kong and had an early brush with fame as a child actor, supported by his father, who was a famous Cantonese opera singer. At 18, he continued his studies in the United States and over the next decade taught martial arts and scored minor parts in Hollywood, before landing the role of Kato in the television series "The Green Hornet". But it was not until Lee returned to Hong Kong that he landed his first lead role in the martial arts film "The Big Boss", which made him a household name in Asia after its 1971 release. The next year saw two more box office hits -- "Fist of Fury" and "The Way of the Dragon" -- cementing Lee's persona as a relentless, lightning-fast fighter. Lee had completed filming his fourth star vehicle, "Enter the Dragon", and was halfway through his fifth when he died on July 20, 1973 from swelling of the brain, attributed to an adverse reaction to painkillers. Film scholar Aaron Han Joon Magnan-Park, who taught Lee's movies at the University of Hong Kong, said Lee expressed a kind of Chinese identity that transcended national borders. "I would call Bruce Lee a paragon of Sinophone soft power success with Hong Kong characteristics," he told AFP. In Hollywood, Lee represented a rebuke to racist stereotypes, showing that Asian men were more than just servants and villains. The scenes where he bares his torso and flexes his muscles -- what Magnan-Park called the "kung fu striptease" -- were essential because they show how ripped bodies can belong to Asian heroes as well. "He made Asian men sexy, and that is something I don't think we talk about enough," he said. Preserving legacy Despite Lee's enduring fame, preserving his legacy in Hong Kong was no easy task, fan club chairman Wong told AFP. Government support was intermittent at best, he said. Fans in 2004 successfully petitioned to set up a bronze statue of Lee on Hong Kong's famed waterfront, but a campaign to revitalise his former mansion could not save it from demolition in 2019. At a government-run museum exhibit commemorating Lee's life, a woman surnamed Yip told AFP she wanted to share "a symbol of the old Hong Kong" with her two children. Wong, who had organised a smaller exhibit in Sham Shui Po district, acknowledged a decline of interest among young people but said Lee's philosophy always has the potential to become relevant again. He pointed to how protesters in Hong Kong's 2019 democracy movement cited the martial artist's mantra -- "Be water, my friend" -- as a reminder to adopt flexible tactics of resistance. That discussion has largely tapered off after authorities cracked down on dissent, but Wong remembers the public at the time wondering why young protesters were so taken by Lee. "As long as everyone still remembers (Lee), once your interest is piqued, you will have a chance to rediscover him," he said. The post Martial arts superstar Bruce Lee’s legacy endures 50 years on appeared first on Daily Tribune......»»
Enrile to ICC: ‘No surrender’
So long as Juan Ponce Enrile is President Ferdinand “Bongbong” Marcos Jr.’s top lawyer, the International Criminal Court will not stand a chance of conducting its intrusive probe into the war on drugs. “I will not agree to surrender the sovereignty of the Philippines to anybody, not even to the United Nations,” Enrile, the Chief Presidential Legal Counsel, said. The ICC had conducted a preliminary examination into the alleged extrajudicial killings or EJK during the term of ex-President Rodrigo Duterte, and ICC Prosecutor Karim Khan recently said there could be probable cause to proceed with a full-blown inquiry into the alleged summary deaths. The ICC will decide this week on the Department of Justice’s appeal to an earlier ruling that authorized the resumption of the international tribunal’s investigation into the alleged crimes related to the war on drugs. The ICC Appeals Chamber said its judgment on the government’s appeal “will be delivered in open court on Tuesday, 18 July 2023” at 10 a.m., local time, in The Hague, the Netherlands. The order was signed by Appeals Chamber Presiding Judge Marc Perrin de Brichambaut. Solicitor General Menardo Guevarra had questioned the 26 January decision of the Pre-Trial Chamber I in a submission to the international court. “I will not give up the prerogative of our government to enforce the laws to protect our society from the evils of drug addiction. That is precisely the reason why there is a government,” Enrile asserted during his weekly Bayan ni Juan program. Who enforces the ICC ruling? “My question: Whenever a court makes a decision, there is somebody to enforce it like the police but who would the ICC order to enforce its directive? Does it have an armada to carry the arresting officers?” Enrile asked. He wondered if the ICC could even rule a country in contempt if the court’s decision was not followed. “Maybe they can put pressure on other countries to impose economic sanctions [on us] but I doubt it because among those likely to lend the ICC a hand is the United States which at the moment needs the Philippines so it is even expected to come to the country’s succor,” Enrile said, of a possible outcome if the tribunal insisted on its probe. “The US can do several things to aid the Philippines in case of a deadlock with the ICC. For instance, it can withhold its contributions to the United Nations,” he pointed out. The ICC is an adjunct tribunal of the UN. Enrile revealed there have been frequent discussions on the ICC proceedings in the Cabinet. “We’ve discussed that (in the regular Cabinet meetings), and that is my position, that since the country has withdrawn from the ICC, it does not need to be subjected to its processes.” Enrile recalled that during his tenure as defense secretary under President Ferdinand E. Marcos Sr., “we were threatened” by the administration of Democratic US President Jimmy Carter. In response, the government expelled one of the US officials who had made several demands regarding human rights protection in the country. Enrile was referring to Patricia Murphy Derian, who was an American civil rights activist who had fought racism in Mississippi and went on to serve as Assistant Secretary of State for Human Rights and Humanitarian Affairs from 1977 to 1981. “She was told, ‘Get the hell out of this country. You can’t dictate to us,’” Enrile recounted. Moreover, Enrile cited the need to differentiate between law enforcement according to the Philippine Constitution and complying with the wishes of the ICC, “or the UN for that matter.” “We have to recognize that the ICC is exerting efforts against the country because the prosecutors have to earn a living by going after us,” Enrile said. “It is according to each’s self-interest,” the veteran public servant stressed. The post Enrile to ICC: ‘No surrender’ appeared first on Daily Tribune......»»
AMID CA ‘OVERREACH’ ERC ready for battle
The Energy Regulatory Commission is ready to contest before the Supreme Court the decision of the Court of Appeals voiding the regulator’s rejection of the rate increase petitions of two San Miguel Corporation power generation firms. Legal pundits said the CA usurped the ERC’s authority in its ruling setting aside the regulator’s late 2022 decisions to dismiss the petitions of South Premiere Power Corp. and San Miguel Energy Corp. to increase prices. Others called the CA decision an “overreach.” The two San Miguel subsidiaries cited a “change in circumstances” for turning their backs on their fixed-priced contracts with Manila Electric Company. San Miguel disclosed on Wednesday to the Philippine Stock Exchange the favorable decision it had received from the CA’s 13th Division composed of Associate Justice Victoria Isabel Paredes, as chairperson; and Associate Justices Mary Charlene Hernandez-Azura and Florencio Mamauag Jr., as members. Speaking to reporters on Thursday, ERC chairperson lawyer Monalisa Dimalanta clarified that the CA’s decision was not yet final since, under the Electric Power Industry Reform Act, only the Supreme Court can issue a permanent injunction on rate hikes. “There is no computation yet of the rate hikes. The decision is not yet final, and we will still file a motion for reconsideration. If granted, that’s another discussion. If denied, we will go all the way to the Supreme Court. I have not yet foreseen any rate impact,” Dimalanta said. Dimalanta added that the ERC, through the Office of the Solicitor General, will need to confirm if the CA is legally allowed to issue a final decision on rate hikes. “The CA can review any factual matter related to any rate hike petition, but we still want to clarify if the CA can decide with finality because it will change everything in the (power) industry. Under the EPIRA, only the SC can issue a permanent injunction,” Dimalanta explained. Unfortunate ruling According to Dimalanta, the CA’s decision was “unfortunate and disconcerting,” but the ERC will continue to uphold the law to “protect consumers.” “The ERC hopes the CA will revisit the records of the case as well as the arguments of the parties and uphold the commission’s ruling,” the ERC chief said. Consumers will not yet feel any adverse impact from the CA’s reversal of the ERC’s rejection of the temporary rate hike petitions, Dimalanta added. However, for San Miguel Global Power or SMGP, the holding firm for SMC’s power ventures, the CA’s decision “upholds the constitutional mandate of due process that guarantees the right to be treated fairly and effectively by quasi-judicial bodies like the ERC.” “It is regrettable that the ERC’s unfair decision early on to reject our joint petition with Meralco for a temporary rate hike — despite proving to be the least cost option at the time for power consumers — resulted in consumers shouldering the burden of much higher electricity rates,” SMGP said in a separate statement on Thursday. Nonetheless, the company said it still looks to “forge even stronger partnerships with the government, consumers, and other key stakeholders to help shape a more resilient and sustainable energy landscape for all.” Meanwhile, Meralco Head of Regulatory Management Jose Ronald Valles said the company will reach out to the CA to clarify some matters regarding the decision. “There are some matters in the decision that we feel need to be clarified. We are consulting with our lawyers on the legal remedies available to us, including an appeal to the Supreme Court,” Valles said. The 13th Division of the CA reversed the order of the ERC that rejected the temporary power rate hike petition filed by San Miguel Energy Corp. or SMEC and South Premiere Power Corp. or SPPC and Meralco. The CA decision granted the consolidated petitions for certiorari filed by SMEC and SPPC. It also favored the joint motion of SPPC and SMEC for a price adjustment with provisional authority and/or interim relief in ERC Case No. 2019-081 and ERC Case No. 2019-083. Likewise, the appellate court made permanent the preliminary injunction issued in favor of SPPC. The rate hike petition stemmed from SMGP’s report that its Sual Coal and Ilijan Natural Gas power facilities logged combined losses of P15 billion from 2021 to date due to high prices. As such, it sought temporary and partial cost recovery relief only for the losses it incurred from January to May, through a power rate increase on its contract capacity under the power supply agreement with Meralco to be amortized for six months. CA gets flak Consumer group Power for People Coalition criticized the CA magistrates for favoring the Ramon Ang-led San Miguel Corporation. “The Court of Appeals is supposed to uphold the interests of justice and the people, but it failed to do both in its decision granting SMC’s petitions in its cases before the ERC,” Gerry Arances, convener of the Power for People Coalition, said in a statement on Thursday. In its PSE disclosure, SMC said the CA annulled and set aside the ERC order dated 29 September 2022 in ERC Cases 2019-081 and 2019-083 due to a “grave abuse of discretion amounting to lack or excess of jurisdiction.” The CA’s joint decision dated 27 June 2023, received by SMC through the Poblador Bautista Reyes Law Offices, granted the consolidated petitions for certiorari filed by SMEC and SPPC. Arances said the CA effectively released SMC from any consequences of breaking a contract “simply because it is not earning enough from a commitment it has made voluntarily.” “We hope that the court will reevaluate, and we will file a motion for reconsideration to give the justices another chance to live up to their name,” Arances said. It can be recalled that the two power companies, along with Meralco, appealed for a temporary rate hike under their 2019 power supply agreement to help them recover from the unprecedented hike in coal prices. The CA denied the petition of SMEC for a temporary restraining order, but it allowed a TRO and later a writ of preliminary injunction or WPI on the ERC decision to deny an increase in SPPC’s power supply agreement or PSA with Meralco. The CA then consolidated the two rate increase cases under the division that granted the WPI. In its report to the bourse, SMC bared that the CA also favored the SPPC and SMEC’s joint motion for price adjustments without prejudice to any further requests for price adjustments. The further request for adjustments would be for June 2022 onwards for SPPC, from June 2022 to 25 January 2023 or the date of writ of preliminary injunction; and for SMEC, from June 2022 to the date of the finality of the joint decision. The post AMID CA ‘OVERREACH’ ERC ready for battle appeared first on Daily Tribune......»»
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