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Lenovo treats Phl as top Southeast Asian market
Even if neighboring countries in the Southeast Asian region are advantageous in terms of being technology savvy, the Philippines remains an integral market according to an official of Lenovo, a Chinese multinational technology company specializing in designing, manufacturing, and marketing consumer electronics, personal computers, software, business solutions, and related services. “We see strong demand for the Philippines, the only question is how the consumers get the technology. The pandemic has even made the demand for the Philippines surge because of the digital transformation, unlike pre-pandemic where everyone is scrambling. Right now, because of the transformation, growth is very evident. In other words, investments, including Lenovo technologies are still in demand in the market,” according to Giancarlo Nogales from the Infrastructure Solutions Services Sales of Lenovo Philippines at the sidelines of the VST ECS CXO Tech Summit at the Dusit Thani in Mactan Cebu. “In terms of devices, the Philippines is actually doing well,” he added. Last August, the company said that over the next three years, Lenovo is committing a further $1 billion in investment for artificial intelligence that will focus on providing AI devices, AI-ready, and AI-optimized computing infrastructure, and embedded AI-generated content into the intelligent solutions of vertical industries to help customers improve their productivity. Lenovo in September 2023 has unveiled new cutting-edge tech tools and essentials tailored to empower the dynamic, evolving needs of today’s business end-users. It said that the new monitor, software, and accessories are not only designed to boost the capabilities of today’s remote and hybrid workforces but also to address significant challenges faced by businesses as they digitize operations across departments. “Lenovo research shows that managing a remote workforce and global teams remain central tasks for CIOs.1. That is why the new offerings integrate impressive processing power, immersive 3D, and advanced security to create a unified, human-centered experience,” the company said. Further, Nogales added that sales for Lenovo in the Philippines will continue to soar as the country has a bigger population which connotes demand compared to other nations in SE Asia. What Lenovo can count on with the Philippines is the demand for laptops and tablets that are now being used by students, educators, workers, and even the government. “Actually, we have an ongoing engagement with the government sector. I was at an event with the DICT (Department of Information and Communications) and we had discussions with the Department of Education as well, but we still understand what they are looking for. Of course, with DepEd, it’s a big agency, and what I can say is we are working with them across whatever we can offer—cloud technologies, among others,” he told the DAILY TRIBUNE. Nogales said he sees an ongoing digital transformation within organizations and will continue over the coming years. Digital transformation is an ongoing journey Meanwhile, VST ECS president and CEO Jimmy Go stressed that in the ever-evolving world of technology, organizations are charting a course - through a landscape that has seen profound advancement in recent years. “It's important to understand that digital transformation is not a one-time event but an ongoing journey. Every day, we bear witness to the unveiling of new digital technologies. In this dynamic environment, the lines between the physical and digital worlds are blurring, creating a phenomenon known as phygital convergence," he said. He said organizations nowadays stand at the threshold of a remarkable technological revolution. “Generative AI is the talk of the town with Chat GPT and other AI, offering organizations the power to intelligently automate customer experiences and streamline internal operations. The implications of this technology are far-reaching. Microsoft is launching CoPilot and most software applications are incorporating AI in their applications. Gartner predicts that by 2030, a staggering 80 percent of people will interact with smart robots daily, and in just two years, these smart robots will become workforce partners for 90 percent of global companies,” he said. Further, Go stressed that AI and machine learning, once a novel concept, have become integral to the products and services offered by major companies. “A mere decade ago, we were learning to communicate with machines. Today, machines understand and adapt to our language, erasing the boundaries between humans and technology. While AI is currently the headline in the tech world, we must not lose sight of the critical need to modernize our IT infrastructure,” he stated. For organizations to embrace technology, he said it’s a pivotal step in allowing organizations to embrace the latest technology trends, including Multi Clouds, Quantum computing, Data explosion, RPA, Generative AI, and more. “Investments in Connectivity solutions, Digital Infrastructure, Cloud technologies, Cybersecurity, Big data, Storage, Automation, and Collaboration tools remain vital to prepare for the ever-evolving Tech landscape. In the Israel-Hamas and Ukraine-Russia wars, Technology plays a very important and critical role in their war strategies. Computers, AI, Starlink, and drones are heavily used in their strategies,” he said. The post Lenovo treats Phl as top Southeast Asian market appeared first on Daily Tribune......»»
Helper woes
Dear Atty. Joji, Our house helper absconded from her job without prior notice. While having to find her replacement is one issue, the bigger concern is that she owes us almost P100,000. We want to take legal action because such amount of money is hard to come by. What type of case can we file to pursue this matter legally? Maris *** Dear Maris, Based on the facts you provided, filing a “Small Claims” case before the lower-level court or the Metropolitan Trial Court is applicable in your case. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler and a more inexpensive and expeditious means of settling disputes involving purely money claims. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. The procedure on small claims cases was promulgated for faster resolution of claims. Since the amount of claim is relatively small, it is the court’s policy not to keep these cases from dragging for long periods before finally being decided. Since the proceedings must be speedy, inexpensive, and informal, the procedure was simplified. However, it is important to note that in Small Claims Cases, parties are generally not allowed to be represented by lawyers. A case for Small Claims may be commenced as follows: SEC. 6. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence. Alternatively, an action for breach of her employment contract, if any, may be filed against her for her sudden departure without providing proper notice. Hope this helps. Atty. Joji Alonso The post Helper woes appeared first on Daily Tribune......»»
Prosecutors reject Trump claim of ‘absolute immunity’
Federal prosecutors on Thursday rejected Donald Trump's attempt to have election conspiracy charges dismissed on the grounds that he enjoys immunity for actions he took while in the White House. "No one in this country, not even the president, is above the law," special counsel Jack Smith's team wrote in a 54-page motion filed with the judge presiding over the landmark case. Trump, the frontrunner for the 2024 Republican presidential nomination, is to go on trial in Washington in March of next year for allegedly conspiring to subvert the results of the November 2020 election won by Democrat Joe Biden. The former president's lawyers, in a motion two weeks ago to US District Judge Tanya Chutkan, argued that the charges should be thrown out because Trump is "absolutely immune from criminal prosecution." Prosecutors in the special counsel's office dismissed that argument and urged Chutkan to deny Trump's request. "He is subject to the federal criminal laws like more than 330 million other Americans," they said. "No court has ever alluded to the existence of absolute criminal immunity for former presidents. "The implications of the defendant's unbounded immunity theory are startling," they added. "It would grant absolute immunity from criminal prosecution to a president who accepts a bribe in exchange for a lucrative government contract for a family member," they said, or "a president who sells nuclear secrets to a foreign adversary." Trump's bid to invoke the presidential immunity defense is seen as a long shot by legal observers but it could result in a delay to the start of the trial as the argument potentially winds its way up to the conservative-dominated Supreme Court. Trump's attempts to use the "absolute immunity" defense in other cases have been rebuffed by judges, but the nation's highest court has never ruled directly on whether a former chief executive is immune from criminal prosecution. Trump is the first former US president to face criminal charges. 'Unsettled question' Trump's attorneys, citing a Supreme Court case involving former president Richard Nixon, said the law provides "absolute immunity" to the president "for acts within the 'outer perimeter' of his official responsibility." As chief executive, they argued, Trump had a responsibility to "ensure election integrity" and was within his rights to challenge the results of the 2020 vote. "As President Trump is absolutely immune from criminal prosecution for such acts, the Court should dismiss the indictment," they said. While making the argument that Trump cannot be prosecuted, his lawyers acknowledged the Nixon case they cited involved the civil liability of a former president and not alleged criminal conduct. "The question remains a 'serious and unsettled question' of law," they said. The case before Chutkan accuses Trump of conspiracy to defraud the United States and conspiracy to obstruct an official proceeding -- the January 6, 2021 joint session of Congress that was attacked by a mob of Trump supporters. Other criminal cases against Trump include racketeering charges in Georgia for allegedly conspiring to upend the election results in the southern state and a trial in Florida in May 2024 on charges of mishandling top-secret government documents. Trump and his two eldest sons are also currently involved in a civil fraud trial in New York for allegedly inflating the value of their real estate assets to receive more favorable bank loans and insurance terms. The post Prosecutors reject Trump claim of ‘absolute immunity’ appeared first on Daily Tribune......»»
Trial of disgraced crypto star Bankman-Fried begins
The trial of Sam Bankman-Fried, former CEO of one of cryptocurrency's biggest exchanges, began Tuesday with a jury set to determine if he committed massive fraud by stealing billions of dollars from clients. The 31-year-old -- once one of the most respected figures in crypto -- now faces decades in prison and could see his name stand alongside Bernie Madoff and Elizabeth Holmes as the era's most prominent fraudsters. The first day of the trial was devoted to jury selection for a case that is set to last about six weeks. Bankman-Fried faces seven counts including wire fraud, securities and commodities fraud, and money laundering. He risks more than 100 years behind bars if he is found guilty on all charges. Bankman-Fried entered the courtroom alone -- without being escorted by security guards -- uncuffed, and took his place alongside his lawyers, an AFP journalist observed. Dressed in a dark suit and striped tie, his usually long curly hair was cut short, reportedly by a fellow inmate at the Brooklyn jail where he is being detained. "You have the right to testify in your defense in this case. The decision is up to you," US District Judge Lewis Kaplan told Bankman Fried. In just a few years, the Massachusetts Institute of Technology graduate turned his FTX platform into the world's second-biggest crypto exchange, making him a tech world billionaire wunderkind. FTX became a global name through a marketing campaign that included celebrity partnerships with stars such as supermodel Gisele Bundchen and basketball legend Stephen Curry, and buying the naming rights for the home arena of the Miami Heat basketball club. Bankman-Fried also stepped in as a kind of savior of the industry when other crypto companies faced difficulties, with FTX swooping in to offer a financial lifeline. At the height of his career, Bankman-Fried was thought to be worth $26 billion as he attracted droves of small investors to invest in cryptocurrencies such as Bitcoin or Ethereum. But his steep rise was matched by his ignominious downfall, which saw him escorted last year by police from his luxury apartment in the Bahamas and extradited to face charges in the United States. 'Gambling at own casino' His empire began to crumble last November when a news report pointed to unhealthy ties between the FTX platform and Alameda Research, Bankman-Fried's personally owned-trading company. The revelations kept growing and major investors pulled their money out of FTX, sinking it swiftly into bankruptcy. Once the dust had settled, some $8.7 billion in client funds was still unaccounted for and Bankman-Fried was accused of using FTX deposits to buy luxury real estate or donate more than $100 million to US politicians through Alameda. "He was gambling in his own casino and it created conflicts of interest," Michael Lewis, an author who followed Bankman-Fried closely during the period, told CBS. Everything "unravels because the depositors at FTX want their money back and it's not all there," the author of "Liar's Poker" and other titles added. The climax of the trial is expected to be when his former friends and colleagues take the stand, including Carlonie Ellison, his one-time romantic partner and Alameda executive, and Gary Wang, his closest associate. Ellison and Wang have also been indicted in the case and agreed to cooperate with US authorities, which may prove Bankman-Fried's undoing. After his spectacular arrest in the Bahamas, Bankman-Fried was initially held under house arrest but was ordered behind bars in August over alleged attempts at witness intimidation. According to prosecutors, while holed up at his parents' home in California, Bankman-Fried spoke regularly to journalists and passed documents to The New York Times in an effort to influence the testimony of Ellison. The post Trial of disgraced crypto star Bankman-Fried begins appeared first on Daily Tribune......»»
Mediatrix controversy
Author’s note: In the last column, I wrote that the 1951 Pius XII decree that said the Mediatrix apparitions had “no supernatural character or origin” is not binding because it was never promulgated officially. Pope Francis recently appointed a new Prefect of the Dicastery, Cardinal-to-be Archbishop Victor Manuel Fernandez, SJ. Like his predecessor, Fernandez is a Jesuit and an Argentinian. He is the “theological alter ego” of Pope Francis. How will controversial Archbishop Fernandez handle the 70-year-old Mediatrix issue? Will the current Dicastery, which is vehemently anti-Mediatrix, under the helm of Archbishop Fernandez tone down its stance? As a background, there was a decree of the Dicastery but not of Pope Pius XII. The Dicastery of 1951, whose members have died, claimed Pope Pius XII directly approved its decision (not to recognize the Mediatrix apparitions), but it was never formally entered into the Acta Apostolicae Sedis, the official Vatican publication, a requirement of Canon Law for it to take effect. What are the implications if the 1951 Pius XII decree is in truth non-existent? Under the domino principle, this implies that technically all subsequent declarations and orders of the Dicastery for 70 long years are also not binding, including the latest, wherein Lipa Archbishop Gilbert Garcera was ordered by the Dicastery to ban all celebrations of the 75th anniversary of the Mediatrix apparitions. However, the Dicastery never authenticated the Mediatrix apparitions, so the apparition celebrations are rightfully banned. But there is a contradiction that must be resolved — since the original 1951 Pius XII decree is in question. The members of the Dicastery in 1951 were caught in a lie because then apostolic administrator Bishop Rufino Santos stated in his decree of 12 April 1951 that he was still awaiting the Vatican decision regarding Lipa — when the Dicastery reported in its Protocol 226/1949 that a decision had been made, contradicting Bishop Santos. Archbishop Fernandez has to resolve this issue because the evangelization of Asia, which is the focus of Pope Francis, is at stake. Pope Francis looks to the Philippines, the only Christian nation in Asia, as the launch pad for the evangelization of Asia and the “conversion” of China. Conversion means stopping the persecution and massacre of Christians in China, permitting churches there to open, reuniting the Underground Church (who are the target of assassinations) and the Vatican-led Church, and finally, changing China’s belligerence to benevolence in the South China Sea to prevent a full-blown US-China confrontation. The Virgin can bring peace to Asia better than any military solutions. A well-publicized message of Our Lady Mediatrix of All Grace was a warning about China: “Pray hard for China’s dream is to invade the whole world. The Philippines is one of its favorites.” (17 October 1949). There is a Mediatrix shrine in a chapel in a small village near Nanjing that was built by Metropolitan Bank when it was commissioned by the Chinese government to develop two villages. This “foothold” in China is evidence the Virgin Mediatrix is fulfilling her mission of evangelization and conversion. Archbishop Fernandez and Pope Francis must be informed of the history of the Mediatrix to sharpen their perspectives on its geopolitical ramifications. The continued suppression of Mediatrix devotion and of the entire Philippine Church may hamper the Church’s efforts to evangelize Asia. In truth, Satan is scared of the Mediatrix, that is why, in his panic, he tortured Mediatrix visionary Sr. Teresing Castillo, as she wrote in her second diary that the Vatican failed to destroy but which is now available on the Internet. Is Satan behind the suppression of the Mediatrix by using Cardinals in the Vatican without them knowing it? For centuries, Satan has been penetrating the sacred halls of the Vatican and using the Cardinals without their being aware of it. That Satan works in the Vatican is nothing new. Historically, the Spanish Inquisition in the Middle Ages beheaded on mere suspicion about a thousand “heretics.” The ongoing “apostasy” (civil war) within the Vatican, which Fatima prophesied, is another sign of Satan’s works. It is thus in the interest of the Vatican to consider the Marian evangelization that it is suppressing — to have a change of heart. In the end, the Virgin will triumph over the Vatican, if need be, as revealed in the Bible. The Lord said, “I will put enmity between you (Satan) and the Woman (Mary), and between your offspring (demons) and hers (Jesus). Her offspring will crush your head and you will bruise His heel.” Genesis 3:15. “A huge red dragon stood before the Woman about to give birth, to devour her Child. She gave birth to a Son destined to rule all nations. In utter rage, the serpent waged war against the rest of her offspring, those bearing witness to the Son born of Her womb.” Revelation 11:1-17 (excerpts). *** eastwindreplyctr@gmail.com The post Mediatrix controversy appeared first on Daily Tribune......»»
Setting the Bar high
The legal profession has always fascinated me. Studying the rudiments of law and how these affect people’s lives and liberty is not a walk in the park. It entails a lot of money, patience, risks, and sacrifices to complete a degree. Without the law, chaos will reign in society; there will be no peace and order day and night, no settlements of disputes, and accountability for criminals who will freely roam the streets with no law enforcement officers to stop them. Lawyers, like doctors, are arguably held in higher esteem and standards than other professions. They are feared for reasons only known to men. Their sartorial elegance and eloquence often hold us in shock and awe, delighting ordinary mortals. No wonder many children dream of becoming lawyers when they grow up, only to be checked by the realities of life. There is no gainsaying that attorneys, as court officers, are key players in the country’s growth; that is why every Bar examination is a significant occasion and a step forward in attaining a just and peaceful society. This year’s Bar examinations will be held on September 17, 20, and 24 in 14 local testing centers nationwide, covering six core subjects. The Supreme Court said there will be 10,816 examinees — 5,832 first-time Bar takers and 4,984 retakers. The Manila Police District is deploying around 500 security personnel to check the peace near the testing centers, with some announcing a suspension of classes and resorting to home study in anticipation of the heavy traffic. Corporations offer a much higher pay scale for lawyers. Win or lose, lawyers always get paid in court cases, as being one usually guarantees financial success unless one chooses to offer his expertise pro bono. Due to the high cost and stake of the law profession and maintaining the prestige and lifestyle that go with it, many people, except the moneyed ones, are “allergic” to lawyers because they charge exorbitant fees, and the fact that the wheels of justice in the Philippines grind exceedingly slow, the opposite of which is legal fees running faster than taxi meters. The legal profession is studded with both intellectuals and rotten eggs; sometimes, the good and the bad can be molded into one. Lawyers can uniquely present the truth in different sizes, forms, and shades. These lines in a movie aptly describe it: “Mayaman sila, kaya nilang kumuha ng mahusay na abogado. Kaya nilang baluktutin ang tuwid at ituwid ang baluktot (They are rich, they can afford a good lawyer. They can twist the truth and straighten the crooked).” Despite the high pay, respect, and other perks, the lawyers’ population has dwindled since the first Philippine Bar Examinations in 1901. The decline is alarming. Consider this: There are only 84,236 lawyers reflected in the Supreme Court of the Philippines’ Roll of Attorneys as of 30 November 2022 — a minuscule number in the country’s estimated population of 117,337,368 at mid-year. And what’s the catch? The number of non-practicing lawyers exceeds that of active lawyers. Which brings us to this fundamental question: Why do we need lawyers? Let me dwell on the bright side. We need lawyers to check the imbalances and inequalities in life. We need lawyers to help fix things when these go rough, regardless of the cost. We need lawyers to give people experiencing poverty a fighting chance to preserve life, liberty, and property instead of simply walking to jail. As then-President Ramon Magsaysay said, “Those who have less in life should have more in law.” I have no quarrels with lawyers. In fact, I admire them, and I have some of them as friends. There were lawyers every step of the way during my stint in government — some of them good, some not really good. Considering the clout they wield, lawyers can be good influencers in modern-day society by helping illuminate a dark and dreary world. When the going gets tough, the tough get going. I would still gamble on hiring a good lawyer to clear my path. As a parent, I wish all this year’s Bar examinees well. May the deserving, particularly the brave hearts, succeed. The post Setting the Bar high appeared first on Daily Tribune......»»
Padilla files bill to push stronger CHR functions
Senator Robinhood Padilla filed a bill that will effectively expand the structural, organizational, and functional independence of the Commission on Human Rights. On Wednesday, Padilla pushed the Senate Bill 2440 that guarantees full fiscal autonomy to the CHR "to ensure prompt, immediate, and unrestricted discharge of its functions.” “Regarded as a toothless tiger, the Commission has endured its limitations in rightfully carrying out its mandate within its jurisdiction,” Padilla said. He emphasized the need to further strengthen the CHR’s mandates, powers, and functions that are imperative to its “cardinal role in cultivating a culture of human rights culture in the country.” "A just and democratic country cannot be attained without a truly independent national human rights institution, said Padilla. “Today, more than ever, we need a more active CHR, one that is not strapped to the task of investigation or cannot recognize violations of human rights other than those involving civil and political rights.” SB 2440 provides the CHR with full authority to act on a complaint or motu proprio, in all cases of human rights violations; and vests it with the power to issue injunctive reliefs and legal measures. Padilla said the CHR’s independence “shall be respected and upheld, even as appropriations for it shall not be reduced and shall be automatically and regularly released.” “We need a CHR that can address the challenge of protecting and promoting the human rights of all, especially the vulnerable, the disadvantaged, and the marginalized sectors of society," he added. The measure will make CHR to be regarded as a national human rights institution, in accordance with the Principles Relating to the Status of National Institutions (Paris Principles) and other United Nations resolutions and instruments. Padilla said the SB 2440 will allow CHR to provide safety to witnesses and human rights defenders under threat as well as to implement and manage a witness protection service. Further, the CHR shall develop and implement a human rights information campaign program for the public; and establish a Human Rights Institute for the promotion and education of human rights and related fields. The HRI shall serve as a training institute for investigators, prosecutors, justices, judges, lawyers, and other human rights workers. Meanwhile, CHR is tasked to maintain a legal assistance program for underprivileged victims of human rights violations and prepare and make public an annual report on the findings of its monitoring activities. It shall also undertake measures for the protection and promotion of the human rights of Filipinos abroad, in coordination with the Department of Foreign Affairs, Department of Migrant Workers, or deputized Philippine embassy or consulate officers. The post Padilla files bill to push stronger CHR functions appeared first on Daily Tribune......»»
Colombia deadliest country for green activists in 2022
Environmental activist murders doubled in Colombia last year, making it the most dangerous country in the world for those trying to protect the planet, a watchdog said Tuesday. In its annual review, Global Witness named 177 land and environmental defenders who had been killed in 2022 -- from the Amazon to the Philippines and the Democratic Republic of Congo. Latin America again bore the brunt of the murders, including 39 killings across the vast Amazon rainforest, a vital carbon sink facing widespread destruction at a time when the world is grappling to curb climate change. The number of those killed has progressively decreased since a record 227 in 2020, however, "this does not mean that the situation has significantly improved," said Global Witness. "The worsening climate crisis and the ever-increasing demand for agricultural commodities, fuel, and minerals will only intensify the pressure on the environment -– and those who risk their lives to defend it," warned the London-based watchdog. While in 2021 most killings took place in Mexico, Colombia last year surged ahead with 60 deaths -- more than a third of all the murders globally. "This is almost double the number of killings compared to 2021 when 33 defenders lost their lives," said the report. Many of those targeted were Indigenous people, members of Afro-descendant communities, small-scale farmers, and environmental activists. At least five children, three of them Indigenous, were among the global tally. "Yet there is hope," said the NGO, praising efforts under new leftist President Gustavo Petro to boost protection for defenders -- a first in the country. Colombian sociologist and activist Nadia Umana, 35, fled her northern home after the murders of four colleagues, all of whom had been fighting for the return of rural lands taken over by paramilitaries. "Knowing that a colleague of yours was murdered is an indescribable pain," Umana told AFP in Bogota. Even the country's vice-president, Francia Marquez -- the 2018 winner of the prestigious Goldman environmental prize -- has faced multiple threats. In 2019, she survived an attack by gunmen who tried to kill her over her work defending her home region's water resources against mining companies. Mining, logging, farming According to Global Witness, almost 2,000 land and environmental defenders have been murdered over the past decade -- some 70 percent of them in Latin America. In Brazil, where British journalist Dom Philips and Indigenous expert Bruno Pereira were killed last year in the Amazon, a total of 34 land defenders were killed. Mexico, Honduras, and the Philippines also had high numbers. Global Witness said that while it was "difficult to identify" the exact drivers for the killings, 10 were found to be linked to agribusiness, eight to mining, and four to the logging industry. Aside from activists, state officials, demonstrators, park rangers, lawyers, and journalists are also among those who lost their lives. "All of them shared a commitment to defend their rights and keep the planet healthy. All of them paid for their courage and commitment with their lives," said the report. The post Colombia deadliest country for green activists in 2022 appeared first on Daily Tribune......»»
Court to deliver verdict on hacker behind biggest leak in football history
A Portuguese court was due on Monday to deliver its verdict on hacker Rui Pinto, whose flood of "Football Leaks" revelations exposed dirty dealings in international football. It was the biggest information leak in sports history and sparked criminal investigations in Belgium, Britain, France, Spain and Switzerland. The verdict, which has been postponed several times, was due to be delivered at a hearing in Lisbon starting at 2:30 pm (1330 GMT). Pinto, 34, is charged with 89 hacking offences, and with attempted extortion, a crime punishable in Portugal by between two and 10 years in prison. He argues he is a whistleblower, whose actions exposed underhand dealings involving top football stars, clubs and agents. Between 2015 and 2018, he shared 18.6 million documents on the internet and with a consortium of European newspapers, which published details. The revelations shook the football world. They included the salaries of Lionel Messi and Neymar, an accusation of rape against Cristiano Ronaldo, alleged financial sleight of hand at Manchester City and ethnic profiling at Paris Saint Germain. Defendant and witness Pinto is both a defendant and a protected witness in Portugal. When his trial began in September 2020, Pinto told the court he had been shocked by what he had discovered and was proud of bringing it to public knowledge. But he has admitted he used illegal means to obtain documents. His alleged victims include top Portuguese football club Sporting Lisbon, the Portuguese Football Federation, lawyers, magistrates and Doyen Sports -- a Malta-based investment fund run by Kazakh-Turkish oligarchs. Pinto was arrested in Hungary in 2019 and extradited to Portugal, where he spent a year behind bars before agreeing to cooperate with the Portuguese authorities on other cases, giving them access to encrypted documents he had obtained. The French authorities have also sought his cooperation over the "Luanda Leaks", a release of 715,000 documents providing compromising information on Angolan billionaire Isabel dos Santos, daughter of former president Jose Eduardo dos Santos. Dos Santos, once the richest woman in Africa, has faced several court cases on charges she syphoned billions of dollars from Angolan state companies during her father's four decades in office. The post Court to deliver verdict on hacker behind biggest leak in football history appeared first on Daily Tribune......»»
Cherchez la femme?
Look for the woman is what the phrase Cherchez la femme means in the French language. By a person’s statement, he or she attributes a certain action or incident to be caused by a woman. It presupposes a negative connotation, but to me it symbolizes the strength and power of a woman. Indeed, so much in this world can be recharged, repaired, corrected, healed if we give women the opportunity and the chance to make a great difference in the world. Women hold half of the sky so they should be given all the means and tools to make a difference. As mothers they carry the baby in their womb for nine months. That takes much sacrifice, inconvenience and risks to their health. But because women are strong in faith and character, they bear all the difficulties with a smile and bravura. Women are teachers. They are the first tutors of her children. Their early values are honed by the mother. Children do not take our words seriously. It is how we conduct ourselves that they absorb their first lessons in life. Women are healers. Because of their compassionate and caring nature, they can assuage the hurts caused by unkind words as they console their loved ones with a big hug, a warm bowl of soup and their sage advice as symbolized by Mother Teresa who will soon be canonized as a saint because of her humane and loving treatment of everyone. Women are strong warriors. The katipuneras proved their valor and fearless nature when they fought side by side with the men as proven by Gabriela Silang, wife of hero Diego Silang. Women are born singers as they lull their infants to sleep in their cradles. Women are marvelous cooks as they plan and cook the healthy food for their families without missing a step. Women are creative seamstresses as they sew the uniforms and clothes of their children growing up. Women are wonderful social human beings as they reach out to neighbors and the community as social workers and nurses. Women are good accountants as they can stretch their household budget like a rubber band with nary a complaint. Women are prayerful persons as they constantly pray for the safety, good health and well-being of the entire family. Women above all are the constant partners and faithful lovers to their husbands. So, we ask, what can women not do? Women can do anything you ask of them provided they are given the due respect, love and support they need to accomplish any task big or small. They are also great coaches who can mentor both young men and women to fulfill their dreams. They are possessed of noble intentions, fierce in their belief that if one needs to perform a task, they will be up to it. So, the question is asked, Cherchez la femme? Where is the woman? She can be found in all mothers, wives, doctors, nurses, teachers, cooks, OFWs, drivers, CEOs, presidents, artists, singers, ballet dancers, farmers, graphic designers, authors, nuns, debaters, makeup artists, parliamentarians, scientists, politicians, models, accountants, lawyers, students, bakers, NGO leaders, laundrywomen, caregivers, environment warriors, gardeners, streetsweepers etc. We could go on and on. What this proves is women can be anyone she aspires to be and for as long as she finds herself valued and needed; she will be there. All she needs is to be valued and loved. After all women are love personified. They will give of themselves for as long as they have life in them. Vive La Femme! In 1989, Bing Carreon was recognized as one of The Outstanding Women in the Nation’s Service (TOWNS). In San Francisco, California, U.S.A., she was chosen as one of 100 Most Influential Global Filipinas for her books and advocacy work. As a social historian, she has written 46 coffee table books in the last 25 years found in select libraries around the world. For comments and suggestions please e-mail: bncmyob@gmail.com The post Cherchez la femme? appeared first on Daily Tribune......»»
CHR to cooperate with ICC on drug probe
The Commission on Human Rights maintained a steadfast stance in its commitment to work with the International Criminal Court to probe the country's war on drugs on the watch of then-President Rodrigo Duterte. In the deliberations for the department's budget for 2024 before the House Committee on Appropriations, CHR Chairperson Richard Palpal-latoc assured lawmakers the agency would cooperate with the ICC by furnishing evidence it gathered in its past investigation. "As you may recall, the CHR has investigated extra-judicial killings in relation to the drug war before. And out of that investigation, the CHR has generated a report on EJK in relation to the drug war," Palpal-latoc said. The confirmation came following a question by Albay Rep. Edcel Lagman about the extent of cooperation the human rights watchdog intends to grant to the ICC as it previously declared that they are "willing to cooperate" into the drug war probe, which has resulted "in thousands of extra-judicial killings, particularly the impoverished and marginalized drug suspects." About 7,000 people were killed under Duterte's drug war, based on the government's data, the majority of whom were from low-income families. However, local and international human rights organizations estimate it exceeded 30,000. According to Palpal-latoc, they are willing to supply the ICC evidence that the CHR already gathered in the previous investigation. However, he stressed that since the agency has yet to learn the details of the case filed in the ICC, the parameters of their cooperation are unknown. This, however, did not sit well with Lagman, asserting that the CHR should have been aware of this matter, taking into account the accusation made openly and publicly. According to the veteran lawmaker, CHR's pronouncement of cooperation without initiating communication with the ICC was merely a "soundbite" and a "press release" for the media. "Why don't you know? It's an open and public accusation before the ICC against the culprits in this war on drugs. Do you have a copy of the accusation brought before the ICC by some affected victims and advocates?" Lagman said. "You are fully aware that the official position of the national government is not to cooperate with the ICC and that bold statement is, in fact, a challenge to that position," he added. Palpal-latoc, on the other hand, countered that the CHR is "not a party" to the ICC investigation. Nonetheless, the CHR chief said that they are willing to provide legal assistance to the victims of human rights violations as well as witness protection pursuant to their mandate. Calls were made to cease the ICC's probe into Duterte's "war on drugs" that claimed thousands of lives during his six years of power that started in 2016. Justice Secretary Boying Remulla maintained a firm stance that the country would not engage in the ICC, claiming that the Philippine government would not let the court interfere in the country's business. Senator Bato de la Rosa, who led Duterte's anti-drug campaign, locally known as "Oplan Tokhang" previously said that he is ready in case a warrant of arrest has been served, but only by Philippine authorities and not by any foreigner directed by the ICC. The former PNP chief and Vice President Sara Duterte were the Philippine officials mentioned in the ICC prosecutor's report on the killings. The post CHR to cooperate with ICC on drug probe appeared first on Daily Tribune......»»
Carmelo Anthony Manila-bound anew for FIBA World Cup final phase
NBA and international basketball legend Carmelo Anthony is coming to Manila to witness the final phase of the biggest basketball event on the planet......»»
Small claims case
Dear Atty. Joji, I provided trucking services under contract for a renowned food manufacturing company. After the duration of the contract, my services were not paid amounting to nearly P500,000. Determined to address this issue, I received advice to file a case for Small Claims against them. Can you provide me with some insights on this matter, Atty.? Anna *** Dear Anna, Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler, more inexpensive, and expeditious means of settling disputes involving purely money claims. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: A “small claim” is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim in duplicate, accompanied by a Certification of Non-Forum Shopping, Splitting a Cause of Action and Multiplicity of Suits and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other evidence to support the claim. The plaintiff shall pay the docket and other legal fees, unless allowed to litigate as an indigent. However, it is important to note that in Small Claims cases, lawyers are not allowed to appear on behalf of or represent a party. Hope this helps. Atty. Joji Alonso The post Small claims case appeared first on Daily Tribune......»»
Should bike lanes remain dedicated?
Just about everything in this country is subject to debate. Barely had we moved on from the controversy of whether to fine motorcycle riders seeking shelter from the rain under footbridges and other structures that we are confronted anew by a similar situation. Should the government allow motorbikes to use the lanes dedicated to bicycles along EDSA to ease the traffic flow? In recent years, dedicated bike lanes have gained traction as cities worldwide strive to promote sustainable and efficient modes of transportation. The bustling streets of Metro Manila, notably EDSA, have not been exempt from this trend. Should these lanes remain exclusive to bicycles or be made optional for other vehicles such as motorcycles? The argument for allowing motorcycles in the bike lanes revolves around easing the burden on the main lanes, potentially alleviating congestion. Proponents argue that motorcycles are compact and agile, making them well-suited for sharing the bike lanes without impeding the flow of bicycle traffic. By providing an alternative for motorcycles, main lanes could become less congested, thus, benefiting all commuters. On the other hand, safety concerns are paramount when considering the coexistence of bicycles and motorcycles in the same lane. Bike lanes are designed to ensure the safety of cyclists, accommodating their slower speeds and vulnerability compared to motorized vehicles. Allowing motorcycles into these lanes could lead to collisions due to the speed differential and the potential for aggressive driving. This raises questions about the potential risks to cyclists and the overall effectiveness of bike lanes in promoting safe cycling. The establishment of dedicated bike lanes represents a commitment to a sustainable and eco-friendly mode of transportation. It sends a message that cities prioritize non-motorized options, contributing to reduced emissions and improved air quality. Allowing motorcycles in these lanes could dilute this message and undermine efforts to create a culture of cycling. A critical aspect to consider is the enforcement of regulations. Even if bike lanes were to remain exclusively for bicycles, ensuring compliance by all road users can be challenging. Without stringent enforcement, motorcycles might continue to use the bike lanes illegally, further jeopardizing the safety of cyclists. Perhaps a middle ground could be explored, where specific time frames are designated for motorcycle access to bike lanes. For example, during off-peak hours when bicycle traffic is lower, motorcycles could be permitted in the bike lanes to ease congestion. However, during peak hours, the bike lanes should remain exclusively for bicycles to ensure cyclist safety and the effectiveness of the infrastructure in promoting cycling. When analyzing this issue, it’s essential to consider the broader context of urban transportation. The implementation of bike lanes is not solely about easing congestion but also about encouraging sustainable and healthier forms of transportation. Bicycles contribute to reduced carbon emissions, improved public health, and less strain on public infrastructure. By opening bike lanes to motorcycles, the primary goals of these dedicated lanes would be compromised. The question of whether the Department of Transportation should keep the use of the bike lanes on EDSA optional for other vehicles like motorcycles involves weighing the benefits of reduced congestion against the potential risks to cyclist safety and the broader goals of sustainable transportation. A balanced approach, such as designating specific time frames for motorcycle access, could be explored as a compromise. However, any decision should be grounded on a comprehensive understanding of the implications for cyclist safety, urban planning, and transportation sustainability. Ultimately, the challenge lies in finding a solution that will optimize the benefits of various modes of transportation while preserving the core objectives of dedicated bike lanes. E-mail: mannyangeles27@gmail.com The post Should bike lanes remain dedicated? appeared first on Daily Tribune......»»
Sana (kub)ol
So the Bureau of Corrections is dismantling kubols in the New Bilibid Prison compound AGAIN. A kubol, for the uninitiated, is that peculiarly Filipino invention of a customized personal space in a prison that is supposed to have standardized living quarters for all prisoners. This is strange because then Justice Secretary Leila de Lima (2010-2016) made a big to-do about demolishing kubols in her time — which was also the Golden Age of Kubols. It was in 2014 when I, as a lawyer for one NBP inmate (who eventually became part of the so-called “Bilibid 19,” but more on that later) went to the prison for an initial conference with my client, who obviously couldn’t come to my office. I was shocked — shocked! — when I arrived at the compound, and not only because I was ushered in through a side door by a warden who put me in a fancy golf cart to take me to my client. En route, I saw that there were buildings(!) inside the prison premises housing — okay, be ready for this — mini-groceries, beauty salons and barber shops, spas, restaurants and, I was to learn later, a high-tech recording studio and radio-television broadcast facility. My client was waiting for me in a three-story(!) building. The first floor housed a fully-equipped office(!) and staff; the second floor was my client’s office with phones and a computer connected to the Internet, and a separate conference room for 12 people; the third floor housed his quarters (a bedroom with toilet, shower and bathtub). Responding to my quizzical look, he answered my unasked question: “Attorney, dito lahat puede basta ‘magpaangat’ ka kay secretary (Anything goes here, just ‘take it up’ with the secretary).” Anyways (to use the favorite expression of my friend Arni Teves), back to my client. Later that year, he and 18 other prisoners had a falling out with Secretary De Lima over what he claimed to be drug dealing inside Bilibid, and they were transferred incommunicado to the National Bureau of Investigation compound. To the frantic cries of their families who feared that they would be liquidated, I filed for a writ of amparo before the Court of Appeals. Their detention was ruled unconstitutional, and their families and I were allowed see them, albeit with very strict restrictions. The story that they told me of drug trafficking inside the NBP compound would later form the backbone of the indictments against De Lima once Aquino was out of power. I had cautioned them to keep things under wraps, as such disclosures then would definitely put them in grave danger. Back to the kubols. De Lima invited the press to witness their destruction, and the mediamen’s jaws dropped — as mine did years before — at the sight of luxury houses complete with airconditioning, king-size beds and Jacuzzis; a state-of-the-art recording studio; a radio and television station with equipment to rival many commercial stations; among other things. As De Lima smiled smugly for the cameras, claiming credit for “cleaning up Bilibid,” friends in media asked her the question, obliquely and sometimes directly, “How could such a thing happen under your watch and your very nose all these years?” The answer was somehow provided in the probe by the House of Representatives in 2017, when an inmate testified that in a meeting with the late J.B. Sebastian (one of the privileged inmates who was said to have done De Lima’s bidding in the Bilibid drug trade) inside his , De Lima held on to a pole (one provided for pole dancing) and, after preening, looked at Sebastian and said, “Okay ba, J.B.?” She knew, and tolerated — nay, encouraged — it. The authorities can knock down the kubols every year, and they will keep springing back up again, unless drastic reforms in the correctional system are made. In this, we sincerely wish Secretary Boying all the luck and success in the world. So when these kubols are removed, we can plausibly wish, SANA (KUB) ALL… The post Sana (kub)ol appeared first on Daily Tribune......»»
LTO cites temporary setback as license plastic card production delayed anew
Land Transportation Office (LTO) chief Vigor Mendoza II on Friday said the temporary restraining order issued by a Quezon City court on the awarding of contract for the production of driver's license plastic cards is just a temporary setback. Mendoza said the TRO issued was not a permanent injunction for Banner Plasticards to refrain from producing and delivering plastic cards to the LTO. “This is just for 20 days, the hearing is already on August 22. By that time, we are confident that the court will see that there is no basis for permanent injunction, which means that the TRO could be lifted,’ Mendoza said. “The bidding underwent a fair and transparent process. While I was not still the LTO chief when the bidding process was done, my initial review of the documents revealed that it went through a proper procedure,” he added. Meanwhile, Mendoza questioned the arguments raised by Allcards Inc., the losing bidder, on the issue of fair and transparent conduct of the bidding process. He, however, said that he will leave the legal discussion before the QC Regional Trial Court Branch 215 between the lawyers of the Allcards Inc. and the Office of the Solicitor General that will represent the Department of Transportation and the LTO. “This is what the OSG would certainly do, for the early lifting of the TRO,” he said. Mendoza expressed confidence that the court will be able to appreciate the arguments that would be raised by government lawyers in refuting the allegations made by Allcards in the case it filed. In a bid to solve the issue of shortage of plastic cards, the DOTr held a bidding process which was won by Banner Plasticard, Inc. The first delivery of around 100,000 plastic cards was made in late July by the Banner Plasticards. Mendoza said he does not see any reason that the awarding of the contract to the Banner Plasticard constitutes grave and irreparable damage. “What would Allcards Inc. lose in the awarding of the contract to Banner Plasticards? The contract is subject to pecuniary estimation, which means that the discussion focuses on the money,” said Mendoza. “So there is no grave and irreparable damage to that. And if there is no grave and irreparable damage, the public interest should prevail over the business interest of one or two,” he stressed. The post LTO cites temporary setback as license plastic card production delayed anew appeared first on Daily Tribune......»»
Reinsert ‘imminent danger’ in Charter, Robin asks
The recent incident involving the use of a water cannon and dangerous maneuvers by China against Philippine vessels in Ayungin Shoal warrants an amendment to the Constitution, Senator Robin Padilla said Monday. During his manifestation following Senate President Juan Miguel Zubiri’s privilege speech on China’s recent actions in the West Philippine Sea, Padilla pushed anew for amendments to the 1987 Constitution. “If we are reaching the point where the whole Senate is really frustrated about the actions of China, I want to remind you all that we also have a responsibility in these four walls of the Senate,” he said in Filipino. “We have a provision in our Constitution that we need to amend and that is about the declaration of martial law,” he said. He said the deletion of the phrase “imminent danger” in the 1987 Constitution, which had been an important factor in the declaration of martial law on 21 September 1972, must be corrected. “When are we going to act? That is my question. Do we have to wait for an invasion?” he asked. “Are we going to wait for them to land in Palawan before we amend the Constitution and insert back the phrase ‘imminent danger?’” he added. He continued: “The imposition of martial law does not mean we will have a flashback of what happened in 1972. It is not like that. Martial law is a thing utilized to organize the Filipino people correctly.” ROTC Padilla stressed the importance of the legislation of the proposed mandatory Reserve Officers Training Corps program for higher education institutions and technical-vocational students. “It is undeniable that China has military reservists. Maybe they will just walk on us or pee on us — we will get drowned already,” he said. “What I am saying to my beloved colleagues in the Senate is let us level our anger at China with an action like the mandatory (ROTC),” he added. He continued: “I am hoping that at least with the ROTC, let us prepare our fellow Filipinos. The same goes with the imminent danger.” The post Reinsert ‘imminent danger’ in Charter, Robin asks appeared first on Daily Tribune......»»
Padilla invokes Martial Law to deal with China-WPS row
The recent incident involving the use of water cannon and dangerous maneuvers by China against Philippine vessels in Ayungin Shoal warrants an amendment in the country’s Constitution, Senator Robinhood “Robin” Padilla said Monday. In his manifestation during Senate President Juan Miguel “Migz” Zubiri’s privilege speech about China’s recent actions in the West Philippine Sea, Padilla pushed anew his desire to amend the 1987 Constitution. “If we are reaching the point where the whole Senate is really frustrated about the actions of China, I want to remind you all that we also have a responsibility in these four sides of the Senate,” he said in Filipino. “We have a provision in our Constitution that we need to amend and that is about the declaration of martial law,” he added. He pointed out the deletion of the phrase “imminent danger” in the 1987 Constitution. The provision was among the requirements for declaring martial law under the 1973 Constitution, but was no longer included in the new Charter. The 1987 Constitution must be amended, he stressed, to bring back the "imminent danger" requirement. “When are we going to act? That is my question. Do we have to wait for an invasion?” Padilla demanded. “Are we going to wait for them to land in Palawan before we amend the Constitution and insert back the phrase ‘imminent danger’?” He continued: “The imposition of martial law does not mean we will have a flashback to what happened in 1972. It is not like that. Martial law is a thing we can use to organize the Filipino people correctly.” Padilla likewise stressed the importance of the proposed mandatory Reserve Officers' Training Corps program for higher education institutions and technical-vocational institution students. “It is undeniable that China has military reservists. Maybe they will just walk on us or pee on us — we will get drowned already,” he said. “What I am saying to my beloved colleagues in the Senate is, let us level our anger to China with an action like the mandatory [ROTC]. I am hoping that at least [with] the ROTC, let us prepare our fellow Filipinos. The same goes with the 'imminent danger' [provision].” The post Padilla invokes Martial Law to deal with China-WPS row appeared first on Daily Tribune......»»
The boat is… (error 404)
The boat is sinking… the boat is sinking… group yourselves into… two?.. three?.. or maybe four? Who is responsible for saving everybody? Oh no my dear readers, not me talking about the literal sinking of boats all happening recently, I’m talking about the game — “Boat is sinking.” You know, the simple icebreaker game where in the end we determine who is the least affected because they were saved after clinging to each other in a certain number declared by the game master. However, since this topic crossed our minds, let us refresh our memories about the horrible sea mishaps in the country and yes we are talking about boats, huge boats in case you are interested to know. Well, I know you do because it is Thirstday! We are always thirsty for facts and information, you silly. The most recent of course is the tragedy in Binangonan Rizal last week where 27 people lost their lives. One cannot help but ask, “Where are their life vests?” “Why are they overloaded?” “Who gave them the clearance to sail despite the bad weather?” “Whose responsibility is it? The captain or the Philippine Coast Guard?” I have the same questions myself. Let us not forget that three years ago, there was the Ilo-Ilo-Guimaras Strait Tragedy wherein 28 people died. Former President Rodrigo Duterte personally visited their wakes. Four Philippine Coast Guard personnel and two Marina officers were removed from their posts after the incident. I was personally there to cover the painful event with their relatives crying non-stop, as I witness it firsthand when I was still a news reporter. After that tragic event, a couple of recommendations floated in the water, including those from then-Transportation Secretary Art Tugade who said local boats should be modernized. Suggestions from relatives of the late victims stated that the designs of the local boats should be improved using aluminum materials and not wood. If we zoom out a bit, another terrifying sea tragedy in the Philippines is the tragic demise of 437 people aboard MV Princess of the Stars in 2008 after sailing despite Typhoon Frank. Out of the 800 plus passengers recorded, only 32 survived while the rest remain missing until now. Again, “Who is responsible?” is the same old question everyone is asking. In December 1987, the passenger vessel MV Doña Paz collided with an oil tanker MT Vector causing a deadly water inferno and one of Asia’s bloodiest sea accidents ever. Out of more than 4,000 passengers, only 24 survived. A simpleton may ask, out of the vastness of the sea, collision is still possible? The board of inquiry back then figured out several violations which are preventable in nature. Doña Paz had been refurbished to add two more decks to allow more passengers when its certificate of stability was only based on two and not four decks when it went down. It was not sea-worthy during the collision, but then again why was it allowed to sail in the first place? And MT Vector? Well, its crew are underqualified and some equipment and instruments are malfunctioning. Just like you, I have so many questions as well. Many maritime companies are still operating old inter-island ships and vessels whose seaworthiness may be questionable and oftentimes these boats are overloaded while passengers have no choice but to ride and pray for their safety. According to government records particularly Marina, the country has an average of 200 sea accidents every year. Mainly because of overloading, dysfunctional ships, bad weather and ship crew error. This is despite the countless directives of every administration and official to implement measures to avoid such accidents. Unfortunately, every year there is always a painful tragedy followed by finger-pointing on who should be blamed — government maritime agencies? Or the shipping industry? With more than 7,000 beautiful islands, ferry and boat travel are the most economical mode for many locals. We cannot stop people from riding even the most dangerous vessel for them. If we cannot yet build bridges to connect our islands due to lack of funds or due to the technological limits of the time, then let us start improving and modernizing the shipping and maritime industry. Why not infuse capital into our own shipbuilding production? Why not invest in our maritime schools to train more skilled crew members? Why not improve our system of checking whether it is good to sail or not? Why don’t we do the basic things we can to save lives? These measures will not only save lives but will contribute to the economy. When shall we wake up from this nightmare of neglect of the safety of life at sea? Do we need another horrific sea accident before we get our acts together? Are we not yet alarmed by the biggest sea mishaps that happened over time? Or do we not value lives as much as we value businesses? Well, your guess is as good as mine. We need to rally our efforts and stand together. All hands on deck! …because we are on the same boat, not the sinking one. The post The boat is… (error 404) 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......»»