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DBM flags PNP’s P27-B ‘overdraft’
The Philippine National Police (PNP) has been spending a whopping P26.7 billion annually for “unauthorized” excess positions in the organization, covering ranks from Lieutenant Generals and below, according to a Department of Budget and Management (DBM) document, In a letter dated 12 October 2022 addressed to the Department of the Interior and Local Government (DILG) Secretary Benjamin C. Abalos Jr., Mary Anne Z. Dela Vega, Director of the Budget Department’s Budget and Management Bureau, submitted a matrix of PNP rank distribution approved by the DBM covering the 226,410 members of the police force. The DBM-approved rank distribution did not match the actual strength and distribution of ranks implemented by the PNP leadership, contrary to existing laws and regulations. The following excess positions were noted in the following ranks: Lieutenant General, 5; Major General, 6; Brigadier General, 24; Colonel, 232; Lieutenant Colonel, 910; Major, 1,410; Captain, 1,835; Staff Sergeant, 31,729; and Corporal, 30,052. The total excess positions stand at 66,203 with a combined annual base pay of P26.707 billion. DILG sources said these excess positions, which go beyond the DBM-authorized number of personnel, are considered “illegal." On the other hand, DBM and DILG data showed that there are 77,190 unfilled positions in the PNP hierarchy, with the rank of Patrolman/Patrolwoman suffering the biggest discrepancy with 66,958 unfilled posts. The DBM-authorized positions for Patrolman stands at 129,926 but the actual strength per PNP record as of 30 June 2023 stood at only 62,968. These unfilled positions have a combined budget of P23.838 billion that was not spent on the recruitment of more Patrolmen and women. “This explains why we severely lack police visibility in our communities. And this has an adverse effect on the overall campaign to preserve peace and order and protect the people from crimes,” said a DILG insider, who spoke on condition of anonymity. Other PNP ranks that remain unfilled include Lieutenant, 1,066; Executive Master Sergeant, 2,382; Chief Master Sergeant, 3,878; Senior Master Sergeant, 463; and Master Sergeant, 2,443. For star rank positions, the DBM allows only three for Lieutenant Generals but there are presently eight officials having that rank. For Major General, the DBM allows only 11 but 17 are now occupying the position while for Brig. General, only 86 are allowed but 110 were appointed to the rank. For non-star ranks, there are only 624 colonels allowed by the DBM but the PNP has 856. The DBM authorized 2,000 for Lt. Cols. but the actual number of officers with that rank stands at 2,910. “… we wish to reiterate that any changes in the PNP’s organizational structure should be supported by a study and recommendation of NAPOLCOM (National Police Commission), to include its impact on the hierarchy and leadership structure of the organization, and subsequently, the same shall be subject to the President’s approval,” the DBM letter said. Napolcom Commissioner Alberto Bernardo, who is also Vice Chairperson of the body, was furnished a copy of the said letter but could not be reached for comment. An earlier letter to the DILG dated 19 July 2018 and signed by then Secretary Benjamin Diokno warned that except for such offices created by the Constitution, the creation of public offices is primarily a legislative function. Therefore, these excess positions in the PNP not otherwise authorized by the DBM are contrary to law and may only be considered ad hoc or temporary positions. Likewise, the realignment of PNP funds to these excess positions was a power reserved only to the President and the use of savings to augment items in the general appropriations law for the executive branch is his sole prerogative and not any police official in the case of the PNP. Executive Order No. 292 or the Administrative Code of 1987, specifically states that; “the General Appropriations Act shall not contain any itemization of personal services, which shall be prepared by the Secretary after enactment of the (GAA), for consideration and approval of the President.” The twin acts of creating excess positions and using realigned savings to fund these posts by the PNP leadership are prohibited by law. “While the Napolcom is duty-bound to advise the president on all matters relating to police functions and administration, it cannot recommend to the President the promotion of Third Level PNP officers to excess and prohibited positions,” the DILG source further explained. The post DBM flags PNP’s P27-B ‘overdraft’ appeared first on Daily Tribune......»»
Contempt order vs 3 Navotas cops involved in Jemboy Baltazar slay lifted
The Senate committee on public order on Wednesday has lifted the contempt order against Navotas police officers who were detained in the Senate for allegedly evading the senators’ questions in the killing of 17-year-old Jerhode “Jemboy” Baltazar. Senator Ronald “Bato ruled the lifting of contempt order on Police Capt. Juanito Arabejo, Staff Sgt. Gerry Maliban, and Police Capt. Mark Joseph Carpio. This was after Senator Risa Hontiveros made the motion, allowing the transfer of these police officers to the custody of the PNP National Headquarters. Maliban was earlier cited in contempt along with Carpio on 22 August after the senators found the two to be evasive during the questioning on the truth behind Baltazar’s “mistaken identity” case. Arabejo, meanwhile, was cited in contempt after the Senate panel found out that he skipped the paraffin tests for the six suspects involved in Baltazar's death. During the same hearing, teenager Sonny Boy Augustilo, Baltazar’s friend, said a Navotas cop punched him three times and threatened him when he was brought to the police station. “Pinagsusuntok po nila ako sa tagiliran ko po… Tatlong beses lang pero malalakas (I was punched on the side…Three times only, but strong),” he recalled. Senator Risa Hontiveros asked if he knew who the police officer was, Augustilo did not get the name but he will be able to recognize the cop if he sees the officer’s face. Augustilo was further asked to describe the assailant. He said cop as was a small man with a mustache and worn civilian clothes. “Nakita ko po kaso po hindi ko po siya masyadong kilala sa pangalan pero sa mukha po kilala po. Naka-sibilyan po siya non eh. Naka tokong, tapos naka jacket (I saw the face but I don’t know the name but I can recognize him. He was in civilian clothes. He was wearing shorts and a jacket),” the teenager responded, noting that Police Captain Mark Joseph Carpio knows the cop who assaulted him. However, Carpio said they do not have a police officer who fits the description described by the boy. Augustilo also testified that Police Staff Sergeant Gerry Maliban threatened him and forced him to confess about the robber in their area. “Si Maliban. Sabi nya kapag hindi ako umamin, hindi na raw po ako aabutan ng magulang ko. Pinapaamin po niya ako, kung kakilala ko po ‘yung mga nanghoholdap sa lugar namin,” he said. Maliban, meanwhile, did not comment on Augustilo’s account. Hontiveros criticized contradicting testimonies and statements of one police officer to another, lamenting that these could not be trusted when asked to narrate the details of their operation. "It's saddening that the Senate has to be the one to investigate a matter which in normal circumstances, should be investigated by the police, and more than that, law enforcers should not be the ones being investigated or involved in this tragedy," she said. Further, Dela Rosa adjourned the hearings on the killing of Baltazar and reminded the PNP Deputy Chief for Administration Lt. Gen. Rhodel Sermonia of the issuance of batons and whistles to the police force. The senator told Sermonia not to wait for the order from the Napolcom or even no longer needed to wait for the legislation. "Palkita niyo sa publiko na nagrereact kayo sa mga pangyayari (Show the public that you are reacting to what is happening),” he said. The post Contempt order vs 3 Navotas cops involved in Jemboy Baltazar slay lifted appeared first on Daily Tribune......»»
Ex-ally sues Monaco’s ruler in ‘Rock Files’ scandal
A former confidant of Monaco's ruler Prince Albert II is suing the monarch in an unprecedented and potentially damaging court case triggered by the release of leaks that have rocked the usually placid Mediterranean playground for the rich and famous. Claude Palmero was for over two decades in charge of managing the palace's assets, first for Albert's father Rainier III, the husband of the US actress Grace Kelly, and then their son Prince Albert when he became ruler in 2005. But now Palmero is asking for around one million euros ($1.1 million) in damages from the palace, according to a complaint seen by AFP, over losing his job after becoming embroiled along with other former senior palace officials in unverified allegations posted in the "Dossiers du Rocher" ("Rock Files", referring to Monaco by its nickname) website from 2021. The website hosted videos, confidential email conversations and hostile articles dealing with property development in the principality. The controversy has roughed up the usually calm waters around Monaco, a tiny principality surrounded by French territory which attracts ultra-rich residents –- like tennis star Novak Djokovic and formula 1 champion Lewis Hamilton -- due to its favourable tax regime. With a population of barely 40,000, Monaco neither imposes income nor wealth taxes. Among the material published by Dossiers du Rocher were email exchanges between four people close to Albert, including Palmero, accusing them of collusion in an alleged financial scam. As well as Palmero, Albert's chief of staff Laurent Anselmi also lost his job in June. 'From another age' In charge of the crown assets, Palmero was known as a Monegasque eminence grise, who was tasked with strategic issues including taking a stake in Nice's airport and buying property, as well as being a keeper of palace secrets. He lodged an appeal against his dismissal in the case before Monaco's constitutional court, known as the Supreme Tribunal, that his lawyer filed on 13 July. "No reason has ever been given to justify these decisions that come from another age and manifestly violate the principle of legality," said the complaint filed by one of his lawyers Pierre-Olivier Sur and seen by AFP. "Prince Albert II during his reign has congratulated himself in front of his subjects and the whole world that Monaco is a state of law. "Alas, there are circumstances where this principle is sadly forgotten by him and favour the violence of arbitrariness," it added. Palmero is seeking the condemnation of the prince to repair "the immense moral damage, injury and disruption to living conditions", claiming the one million euros and his reinstatement. Albert's lawyer Jean-Michel Darrois said in response: "This is a discretionary decision by the royal house as is the case with several other monarchies." But the controversy is deeply unwelcome for Albert, who has already been under intense scrutiny over his marriage to Princess Charlene, the former South African Olympic swimmer in 2011, in French and international media in recent months. Charlene only returned to Monaco in March 2022 after a months-long absence for medical treatment. Raids and infighting The case, which is set to be heard in the coming weeks, comes as judicial authorities launched a series of searches in mid-July at the four former confidants of the prince accused in the Dossiers du Rocher. All those involved deny the allegations put forward by the Dossiers du Rocher, which published their private correspondence and whose origins remain a mystery despite investigations by the French and Monaco authorities. Patrice Pastor, a Monegasque construction entrepreneur, has filed a complaint over alleged influence peddling against them. But while they suspect him of being behind the website the businessman strongly denies this. The purported motive of Pastor, whose group is worth up to 30 billion euros, is alleged by his enemies to have wanted to maintain control over lucrative real estate transactions in the principality, which Palmero and his allies sought to limit. According to official figures, 88 new apartments were sold in 2022 in Monaco, for a stratospheric total amount of 1.2 billion euros. The Pastor group is particularly involved in the Mareterra project, six hectares of luxurious buildings looking out to the Mediterranean. First reported by France's Le Monde daily, the searches targeted, in France and Monaco, the homes and offices of Claude Palmero, the law firm of Thierry Lacoste, childhood friend of the prince, Laurent Anselmi, and Didier Linotte, president of the Supreme Tribunal, who is about to leave office. Monaco's prosecutor general refused any comment. The four men do not deny being in touch with each other but insist it was to deal with regular business of Monaco. Two other men are also reported to be part of the group: former Monaco government chief Michel Roger, who is said to have formed it, was left a paraplegic after an accident in 2015. The sixth man was Jean-Francois Renucci, former head of the court of cassation in Monaco, who died in a car accident between Monaco and Nice in 2021 just as the Dossiers du Rocher scandal was erupting. The four allege that Pastor has now won the favor of the prince but this was denied by a palace aide. "This prince does not take sides," the aide, who was not named, told Le Figaro daily. The post Ex-ally sues Monaco’s ruler in ‘Rock Files’ scandal appeared first on Daily Tribune......»»
As Trump faces indictment heat, Biden chills beachside
"It was compelling," Joe Biden offered Tuesday after Donald Trump's indictment. But the US president was referring to a film -- not the legal fate of his political rival, which he has declined to address. The 80-year-old Democrat was emerging from a screening of "Oppenheimer," having dined earlier with First Lady Jill Biden at a fish restaurant in Rehoboth Beach, Delaware, the seaside escape where the couple is vacationing this week. While Christopher Nolan's biopic tells the life of the American physicist who developed the first atomic weapon, Tuesday's historic indictment of ex-president Trump is the bombshell currently rocking American politics. The rebellious Republican is likely to face Biden once more in 2024, even as he is criminally charged over allegedly attempting to overturn the 2020 election result. It is the third indictment of Trump since March. They include charges over a hush-money payment to an adult film star in 2016, and his handling of classified documents after leaving the White House. A fourth indictment could follow in Georgia, where an investigation over electoral interference is concluding. No comment Biden, known for impulsive remarks, has demonstrated considerable discipline when it comes to his rival's legal peril. After Trump became the first-ever indicted former president in March, Biden repeatedly gave reporters a curt "no comment" and other dodges. On Wednesday, as the commander-in-chief biked along a Rehoboth trail to occasional cheers from onlookers, a reporter's shouted one-word question -- "Indictments?" -- was met with silence. Biden has little choice, especially given that the two gravest cases against Trump are federal prosecutions by the US Department of Justice, which Biden's aides have repeatedly stressed operates independently from the White House. Even the slightest word from Biden would fuel charges from Trump's supporters that the president is weaponizing the judiciary. Biden therefore is counting on the modern-day visual known as the split screen. Relaxation and remove On one side is Trump, with his legal proceedings piling up and the bracing images of the former leader scowling as he sat in a Manhattan court this year. It is not yet known whether Trump will appear in person for a preliminary hearing set for Thursday in Washington in the case surrounding the 2020 election. On the other side: Biden chilling in Rehoboth, where he might hit the beach Thursday like last weekend, or take another bike ride. Either way, it's the very image of peace of mind. If Trump is "compelling," in one form or another, Biden -- as he has described himself before -- is assumed to be "boring." In running for re-election, the current president is betting that Americans will favor calm, predictability and prosperity over potential chaos. He soon heads west to tout "Bidenomics," his economic strategy that Republicans mocked but which he pitches as responsible for America's robust growth. Is the US president, whose popularity ratings are far from effervescent, writing the script for an electoral blockbuster in 2024? That remains uncertain, but Biden wants to believe that boredom -- a mortal sin in moviemaking -- is a virtue at the ballot box. The post As Trump faces indictment heat, Biden chills beachside appeared first on Daily Tribune......»»
Senate to return to in-person sessions, hearings next week
The Senate is set to return to full face-to-face sessions and hearings next week, Senate President Juan Miguel “Migz” Zubiri announced Wednesday. Before adjourning the session, Zubiri reminded his colleagues about the removal of hybrid sessions and hearings which will be implemented on Monday, 7 August. “In view of the presidential Proclamation 297 which lifts the state of public health emergency throughout the Philippines due to Covid-19 and considering that almost all activities have returned to pre-pandemic levels, the Senate will no longer conduct hybrid hearings and meetings beginning Monday, 7 August 2023 and shall revert back to our pre-pandemic practice of conducting hearings and meetings physically,” he said. Marcos lifted the state of public health emergency on 22 July. The move of the upper chamber of Congress came after the House of Representatives began conducting full face-to-face sessions on Tuesday. “This is in line also with the House of Representatives because the House of Representatives although they did hybrid sessions they are now canceled all the hybrid sessions and hybrid hearings,” Zubiri said. “We had face-to-face sessions, but we allowed hybrid. So, in line of that, we will also continue that practice, and we will now go face-to-face for our conduct of public hearings,” he added. The Senate chief said hybrid sessions and hearings would still be permitted but only in case of force majeure or an occurrence of an emergency. Due to the emergence of Covid-19 in 2020, the Senate adopted Senate Resolution No. 372 allowing plenary sessions and committee hearings through teleconferencing while the enhanced community quarantine was still in place in the country. Senator Ronald “Bato” Dela Rosa previously made a comment about a then-newly implemented rule, saying: "Sarap ng buhay! Sarap ng buhay! Ganito na lang tayo palagi ah!” The remark, which was interpreted as insensitive, earned the ire of many people including his fellow government officials in the senate. The post Senate to return to in-person sessions, hearings next week appeared first on Daily Tribune......»»
Another photo journo slay suspect nabbed
Another suspect in the Abiad family shooting incident last 29 June was collared by operatives of the Quezon City Police District Criminal Investigation and Detection Unit at a provincial bus station in Cubao on Thursday afternoon. QCPD Director, Brig. Gen. Nicolas Torre III, said suspect Jomari dela Cruz, 24, of Southville 3, Poblacion, Muntinlupa City, was nabbed at around 4:30 p.m. of 13 July at the Solid North Transit Bus Terminal on EDSA. Torre said QCPD-CIDU operatives under Maj. Don Don Llapitan received a tip from an informant that Dela Cruz would be arriving at the bus terminal from Pangasinan where he had been hiding. Torre said the cops were waiting and at 4:30 p.m., Dela Cruz, alias “Mata” and “Alexis,” was spotted walking in front of the terminal. The suspect was the one seen on CCTV riding the pink motorcycle that was tailing the vehicle of the Abiad family before the ambush. Recovered from him was a 9mm pistol with eight rounds in a gray sling bag. Dela Cruz is under the custody of the CIDU along with Eduardo Legazpi II, alias “Bingbong,” the alleged gunman who was arrested on 7 July. Torre said a case of violating RA 10591, or the Comprehensive Firearms and Ammunition Regulation Act, is being prepared against Dela Cruz and will be filed before the Quezon City Prosecutor’s Office. Aside from the photojournalist, members of Abiad’s family and Jeffrey Ngo Cao, a bystander and resident of Barangay Apolonio Samson, Quezon City, were also wounded during the ambush. Abiad’s four-year-old niece who was hit in the head succumbed to injuries last weeken. A manhunt is continuing for the other suspects, including a former Pasay City barangay chairman known as “Nadnad.” As this developed, Philippine National Police chief, Gen. Benjamin Acorda Jr., said they are looking at lowering the fees for the “Permit-To-Carry” to encourage gun owners to regularly renew their firearm licenses and documents. Acorda made the comment on the sidelines of the 1st PNP Press Corps Invitational Shootfest held at Camp Karingal, Sikatuna Village, Quezon City which started Friday until 16 July. With Glen Jacob Jose The post Another photo journo slay suspect nabbed appeared first on Daily Tribune......»»
SC threatens contempt on Acosta for ‘tirades’ vs new lawyers’ code
The Supreme Court has denied the request of Public Attorney’s Office chief Persida Rueda-Acosta to delete a provision in the judiciary’s new Code of Professional Responsibility and Accountability relating to conflict of interest. Acosta was asked by the SC to explain why she should not be cited in contempt and disciplined as a member of the bar for her “unabated public tirades” on mainstream and social media branding the adoption of the CPRA as unconstitutional. “The Court also noted Atty. Acosta’s unabated public tirades against Canon III, Section 22 of the CPRA through social and mainstream media, branding the adoption of the CPRA as unconstitutional, and an undue interference and intrusion by the Supreme Court into PAO’s operations,” the court said. “The Court thus directed Atty. Acosta to show cause why she should not be cited in indirect contempt for her social media posts and newspaper publications which tended, directly or indirectly, to impede, obstruct, or degrade the administration of justice,” it added. “Furthermore, the Court characterized Atty. Acosta’s resort to social and print media to air her unfounded grievances against the Court as a threat to the independence of the judiciary. The Court thus ordered Atty. Acosta to show cause why she should not be disciplined as a Member of the Bar,” it said. Sought for comment, Acosta said her office will wait for the ruling. Acosta had sought to delete Section 22, Canon III of the CPRA, which limits the invocation by the PAO of the rule on conflict of interest. “The Court reminded the PAO of its primordial mandate to ‘[extend] free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases,’” it said. “To turn away indigent litigants and bar them from availing of the services of all PAO lawyers nationwide due to alleged conflict of interest would be to contravene PAO’s principal duty and leave hundreds of poor litigants unassisted by legal counsel they cannot otherwise afford,” the court said. Meanwhile, former Bayan Muna party-list Rep. Teddy Casiño, the principal author of the PAO Law (RA NO. 9406) at the House of Representatives, said in a tweet: "I respectfully disagree with the court, allowing the PAO to lawyer both for the accuser and accused puts it in a conflict of interest situation. It greatly diminishes the trust and confidence of their clients, with lawyers of the same agency serving as counsels of both sides. While I appreciate the concern of the SC in ensuring poor litigants their right to counsel, I don't agree that it's only the PAO that should shoulder this responsibility to the point that it will now lawyer for both parties to a case." "Precisely, even the SC recognizes the conflict of interest but limits it to the handling lawyer and his/her supervisor. Normally, it extends to the whole agency. It's only with PAO that conflict of interests is treated so cavalierly by the SC," Casiño added. The post SC threatens contempt on Acosta for ‘tirades’ vs new lawyers’ code appeared first on Daily Tribune......»»
Tens of millions sign up to Twitter rival Threads
More than 30 million people have downloaded Threads, Meta's rival to Twitter, within the first few hours of its launch, the company's CEO Mark Zuckerberg said Thursday. The app went live on Apple and Android app stores in 100 countries at 2300 GMT on Wednesday and will run with no ads for now, but its release in Europe has been delayed over data privacy concerns. Threads is the biggest challenger yet to Elon Musk-owned Twitter, which has seen a series of potential competitors emerge but not yet replace one of the world's biggest social media platforms, despite its struggles. "Feels like the beginning of something special, but we've got a lot of work ahead to build the app," Zuckerberg wrote on his official Threads account Thursday. Accounts were already active for celebrities such as Jennifer Lopez, Shakira, and Hugh Jackman, as well as media outlets including The Washington Post and The Economist. Zuckerberg also offered a shot across the bow at Musk -- the pair are known to be bitter rivals and have offered to wrestle it out in a cage fight. In his first tweet in over a decade, Zuckerberg posted a Spiderman pointing at Spiderman meme in an apparent reference to the similarities between Threads and Twitter. On Threads, he wrote: "It'll take some time, but I think there should be a public conversations app with 1 billion+ people on it." Twitter has said it has more than 200 million daily users. Be kind Threads was introduced as a clear spin-off of Instagram, which offers a built-in audience of more than two billion users, sparing the new platform the challenge of starting from scratch. Instagram chief Adam Mosseri told users that Threads was intended to build "an open and friendly platform for conversations." "The best thing you can do if you want that too is be kind," he said. Zuckerberg is taking advantage of Musk's chaotic ownership of Twitter to push out the new product, which Meta hopes will become the go-to platform for celebrities, companies, and politicians. "It's as simple as that: if an Instagram user with a large number of followers such as Kardashian or a Bieber or a Messi begins posting on Threads regularly, a new platform could quickly thrive," strategic financial analyst Brian Wieser said on Substack. Analyst Jasmine Engberg from Insider Intelligence said Threads only needs one out of four Instagram monthly users "to make it as big as Twitter." "Twitter users are desperate for an alternative, and Musk has given Zuckerberg an opening," she added. Under Musk, Twitter has seen content moderation reduced to a minimum with glitches and rash decisions scaring away celebrities and major advertisers. He has angered Twitter's most devoted aficionados by declaring that access to its TweetDeck product -- which allows users to view a fast flow of tweets at once -- would be for paying customers only. EU many months away Meta has its legion of critics too, especially in Europe, which could slow the growth of Threads. The company has been criticized for its handling of personal data, the essential ingredient for targeted ads that help it rake in billions of dollars in profits. Mosseri said he regretted that the launch was delayed in the European Union, but had Meta waited for regulatory clarity from Brussels, Threads would have been "many, many, many, months away." "I was worried that our window would close because timing is important," he told the tech news site Platformer. According to a source close to the matter, Meta was wary of a new law called the Digital Markets Act, which sets strict rules for the world's "gatekeeper" internet companies. One rule restricts platforms from moving user data between products, as would potentially be the case between Threads and Instagram. The EU Commission, which will oversee compliance with the DMA, declined to comment on what it said was a private business decision. Meta was caught doing just that after it bought WhatsApp, and European regulators will be on high alert to ensure it does not do so illegally with Threads. Globally, the Threads hashtag on Twitter has garnered three million tweets, with many users jokingly suggesting people will return to Musk's platform. "10 mins into threads app. Me coming back to Twitter," one user wrote, sharing a video of a man sprinting. Others expressed privacy concerns. "Meta loves to collect private information and I don't trust the way it treats private information," a Japanese user tweeted. "I also have the impression that this is a company hated by the EU, so I'm reluctant." But some said they would permanently move to Threads. One Threads user wrote: "Now I truly can say goodbye to Twitter forever." The post Tens of millions sign up to Twitter rival Threads appeared first on Daily Tribune......»»
Trump indicted in classified documents probe
Donald Trump said Thursday he has been indicted over his handling of classified documents after leaving office, the US ex-president's most serious legal threat yet as he pursues a second White House term. "The corrupt Biden Administration has informed my attorneys that I have been Indicted, seemingly over the Boxes Hoax," Trump wrote on his Truth Social platform as he broke the bombshell news of a historic moment for the United States: the first time a sitting or former commander-in-chief has faced federal charges. There was no immediate confirmation from the Justice Department. Trump attorney Jim Trusty told CNN that his client has been indicted on seven charges including the willful retention of documents in violation of the Espionage Act, making false statements, obstruction of justice and a count of conspiracy. Though the precise details of the charges were not immediately clear, people familiar with the matter told The New York Times the conspiracy charge was related to obstruction of justice. In his post, Trump, who is running for president again, said he has been summoned to a federal courthouse in Miami next Tuesday -- the day before his 77th birthday. His announcement came a day after US media said federal prosecutors had informed his lawyers that he is the target of the probe into his handling of classified documents. Trump was already the first former or sitting president to be charged with a crime -- in his case over election-eve hush money payments to a porn star who said she had an affair with him. That indictment was handed down by Manhattan's district attorney in March. In a statement after his initial online posts, the Trump campaign lashed out at what it called an "unprecedented abuse of power," and called for the indictment to be thrown out. 'Dark day' In a defiant video released after he shared the news, Trump repeatedly declared his innocence and framed the indictment as a form of election interference by a Justice Department "weaponized" by the Biden administration. "They come after me because now we're leading in the polls again by a lot against Biden," Trump said in the clip. "Our country is going to hell and they come after Donald Trump... We can't let this continue." Fellow Republicans swiftly stood by him, including Speaker of the House of Representatives Kevin McCarthy, who has had a rollercoaster relationship with Trump. "Today is indeed a dark day for the United States of America. It is unconscionable for a President to indict the leading candidate opposing him," McCarthy said in a statement. "I, and every American who believes in the rule of law, stand with President Trump." Florida Governor Ron DeSantis, a rival for the GOP presidential nomination, echoed Trump's claims of a "weaponized" DOJ, adding on Twitter that he would "excise political bias" if elected president. The Twitter account of Republicans on the House Judiciary Committee posted a repeated Trump slogan: "WITCH HUNT." Special counsel Jack Smith, named by US Attorney General Merrick Garland, has been looking into a cache of classified documents that Trump had stored at his Mar-a-Lago residence in Florida after leaving the White House. The FBI carted away some 11,000 papers after serving a search warrant on Mar-a-Lago in August, and obstruction-of-justice charges could be a result of his resisting efforts to recover the trove. Trump eventually turned over 15 boxes containing almost 200 classified documents to the National Archives in January 2022 but was subpoenaed for any outstanding records in his possession. When asked about the charges Thursday night, Smith's spokesman Peter Carr told AFP: "We are declining to comment." The White House said it learned of the indictment from media coverage and a spokesperson declined to comment on the news, noting that the DOJ "conducts its criminal investigations independently," CNN reported. Mounting legal woes Some Democratic lawmakers spoke out following Thursday's revelation. Trump's indictment "is another affirmation of the rule of law," House Democrat Adam Schiff said. "For four years, he acted like he was above the law," he added. "But he should be treated like any other lawbreaker. And today, he has been." Trump has repeatedly denied wrongdoing in the documents case, telling a Fox News town hall event on June 1 that "everything I did was right." But he has openly acknowledged taking and storing the documents, undermining his lawyers' suggestion that he took the stash inadvertently in the confusion of a chaotic departure. "This evidence just adds to the mound of stuff that already exists, and no one piece is the 'be all and end all,' but when you put them all together, the case is so strong," former Watergate prosecutor Jill Wine-Banks told MSNBC. "You cannot imagine his getting away with this." The latest indictment comes with Trump facing numerous other probes as he bids to be the Republican nominee to challenge Joe Biden for the presidency in 2024. Smith is also looking at whether Trump should face charges over the 2021 US Capitol riot, and Georgia prosecutors are investigating whether Trump illegally attempted to overturn the 2020 presidential election outcome there. Trump has already been charged with dozens of financial crimes as part of the alleged hush money scheme to silence the porn star, and is due to go on trial next March, in the middle of primary election season. The post Trump indicted in classified documents probe appeared first on Daily Tribune......»»
Priest arraignment postponed
A Quezon City court on Thursday moved the supposed arraignment of exorcist priest Fr. Winston Cabading to 1 August due to a pending appeal at the Department of Justice. Cabading was charged with offending religious feelings, as the case against him stemmed from the 2022 complaint filed by former Commissions Chief Harriet Demetriou after his statements on the authenticity of the 1948 Lipa Apparitions were quoted in a digital Catholic show. Demetriou, in her complaint, accused the priest of being a “rabid critic” of Mary and lambasted his comment that there exists a 1951 Lipa Diocesan Verdict that “negated the authenticity of the 1948 apparition of Our Lady, Mary, Mediatrix of All Grace.” He was supposed to undergo arraignment Thursday morning but the Quezon City Regional Trial Court Branch 81 rescheduled the arraignment of Cabading to 1 August at 8:30 a.m. The Court also allowed Cabading to travel abroad to visit his family but was required to post a travel bond twice the amount of his bail bond. On the other hand, the Catholic Bishops’ Conference of the Philippines, also issued a certificate of good standing for the priest last Wednesday. The certificate stated that Cabading “is a Dominican priest of good standing and is not under any censure or investigation by the CBCP.” The CBCP, for its part, has shouldered the blame over Cabading’s case, saying it may be due to the “shortcomings” of Church leaders. The post Priest arraignment postponed appeared first on Daily Tribune......»»
QC court postpones arraignment of exorcist priest
A Quezon City court on Thursday moved the arraignment of exorcist priest Fr. Winston Cabading to 1 August due to a pending appeal at the Department of Justice. Cabading was charged with offending religious feelings, stemming from a 2022 complaint filed by former Commission on Elections chief Harriet Demetriou following Cabading's statements that discounted the authenticity of the 1948 Lipa apparitions. Demetriou, in her complaint, accused the priest of being a “rabid critic” of the Virgin Mary and lambasted his comment that a 1951 Lipa diocesan verdict “negated the authenticity of the 1948 apparition of Our Lady, Mary, Mediatrix of All Grace.” Cabading was scheduled to undergo arraignment Thursday morning but the Quezon City Regional Trial Court Branch 81 rescheduled the arraignment to 1 August at 8:30 a.m. The Court also allowed Cabading to travel abroad to visit his family, but the priest was required to post a travel bond twice the amount of his bail bond. The Catholic Bishops’ Conference of the Philippines also issued a certificate of good standing for the priest last Wednesday. The certificate stated that Cabading “is a Dominican priest of good standing and is not under any censure or investigation by the CBCP." The CBCP has shouldered the blame for Cabading’s case, saying it may be due to the “shortcomings” of Church leaders. The post QC court postpones arraignment of exorcist priest appeared first on Daily Tribune......»»
To `sow fear’ among scalawags, Go proposes Duterte anti-drug czar
Senator Christopher Lawrence “Bong” Go on Tuesday raised the idea of making former president Rodrigo Duterte the country’s anti-drug czar to “sow fear” among cops involved in criminalities. Go made this suggestion during the discussion of the Senate Committee on Public Order and Dangerous Drugs on the possible cover-up by the Philippine National Police among its ranks involved in the P6.7-billion “shabu” haul in Manila last year. At the hearing, Go asked former PNP Chief Gen. Rodolfo Azurin Jr. if Duterte would be helpful should he be tapped as the country’s anti-drug czar by President Ferdinand Marcos Jr. “If ever, well. It’s a prerogative of the President as the appointing authority. If ever, do you think it would be helpful if President Duterte will be appointed as drug czar?" Go said in vernacular. Azurin responded that he will be supportive of any government initiative to eliminate the distribution of illegal drugs in the country. “I don’t know if I can comment on that, what the setup would be, but anything on the campaign against illegal drugs, I will be supportive,” he said. Considering the number of cops allegedly involved in the supposed “recycling” of confiscated drugs, Go sees the efforts of the Duterte administration against drug activities and criminalities might be put to waste “if it continues to proliferate.” “Let’s not waste what former President Duterte started to fight against illegal drugs. Once the illegal drugs return, we know that criminality and corruption will also go back,” Go said. Senator Ronald “Bato” Dela Rosa, the committee chairperson, expressed dismay and frustration over the alleged involvement of policemen in the “shabu” mess considering that the country’s war on drugs campaign has already reached the international scene. “I feel bad about it, you listen to me all policemen, my case has already reached the ICC because of our fight against illegal drugs. Despite this, all you think about is money. You are even in a syndicate. I can't digest this if this is happening to the police—joining a syndicate,” Dela Rosa said in vernacular. Dela Rosa said the Senate panel has acquired substantial basis to conclude that there was “really an attempt to cover up” the arrest of PMSgt. Rodolfo Mayo during an illegal drug operation last year. “For me, it is an attempted cover-up. It was not fully consummated by the fact that in the end, Mayo was also charged,” he said. Mayo was physically present during the second and third hearings on his case. But he did not divulge anything nor implicate anyone in the illegal matter. The senators cited Mayo in contempt for refusing to cooperate with Dela Rosa warned the attempted cover-up “has yet to be seen.” Senators also cited Mayo’s superior, National Capital Region Drug Enforcement officer-in-charge Lieutenant Colonel Arnulfo Ibañez, in contempt for testifying that he was not aware of his subordinate’s activities. The post To `sow fear’ among scalawags, Go proposes Duterte anti-drug czar appeared first on Daily Tribune......»»
Comelec to adhere SC’s status quo order on Rosal
The Commission on Elections on Thursday said that it will comply with the Supreme Court’s Status Quo Ante Order decision that effectively reinstates Carmen Rosal as mayor of Legazpi City, Albay a day after the poll body certified her disqualification as “final and executory.” “The Commission on Elections, through the Clerk of the Commission, received from the Supreme Court its Status Quo Ante Order in the Carmen Rosal Disqualification Case. As we have consistently committed, the Commission on Elections will abide by and comply with any order, ruling or directive of the Highest Court of our Land,” Comelec spokesperson John Rex Laudiangco said. Comelec’s statements come as the Supreme Court acted on the two petitions for certiorari under Rule 65 in relation to Rule 64 of the Rules of Court assailing the Comelec resolutions that disqualified Rosal as candidate for mayor of Legazpi City, Albay in the 2022 polls. The assailed resolutions — dated 4 October 2022 and 4 May 2023 in SPA 22-032 (DC) — directed the Special City Board of Canvassers of Legazpi City to proclaim second placer Alfredo A. Garbin Jr. as the duly-elected mayor of Legazpi City. The SC en banc — in its Status Quo Ante Order dated 11 May 2023 given by authority of Acting Chief Justice Marvic M.V.F. Leonen, upon the written recommendation of the Member-in-Charge — deemed it necessary and proper to consolidate the two petitions docketed as G.R. 266775 (Oscar Robert H. Cristobal v. Comelec, Alfredo A. Garbin, Jr., Joseph San Agustin Armogila, and Carmen Geraldine Rosal) and G.R. 266796 (Carmen Geraldine Rosal v. Comelec, Joseph San Agustin Armogila, Alfredo A. Garbin Jr. and Oscar Robert H. Cristobal); require respondents Comelec, Garbin, Armogila, Rosal, and Cristobal to file a consolidated comment within 10 days from notice; and issue a status quo ante order requiring the parties to observe the status quo prevailing before the issuance of the Comelec resolutions. Armogila and Rosal were candidates for councilor and mayor of Legazpi, respectively, in the 2022 national and local elections. Armogila filed a petition for disqualification against Rosal before the Comelec on the grounds of vote buying under Section 68(a) of the Omnibus Election Code and violation of the prohibition on release, disbursement, and expenditure of public funds under Section 261(v) of the same law. A ’status quo ante order’ calls for a return to previous affairs, which effectively sets aside the poll body’s decision to disqualify Rosal over violation of Section 68(a) of the Omnibus Election Code, or on ‘giving money to influence, induce and corrupt the voters.’ Rosal announced on Wednesday that he filed a petition before the Supreme Court to stop the poll body’s execution of their decision to disqualify her. In a press conference, she questioned Comelec on their ruling which said that she violated a provision on the Omnibus Election Code on ‘calling the decision ‘arbitrary.’ Her husband, disqualified Albay Governor Noel Rosal, insisted that the act in question – the cash assistance payout to tricycle drivers – was not vote buying as it was part of the ‘ayuda’ mandated in Bayanihan 1. The post Comelec to adhere SC’s status quo order on Rosal appeared first on Daily Tribune......»»
Calbayog police chief relieved over mayor s killing, intelligence request mess
"Officers concerned are also ordered to refrain from making any comment on the case of Mayor Aquino, and wait instead for the final result of the investigation," the PNP OIC also said in his statement. .....»»
SC allows UN expert to act as friend of the court in Maria Ressa s cyber libel plea
Irene Khan, United Nations (UN) Special Rapporteur for freedom of expression and opinion, has been allowed by the Supreme Court (SC) to sit as an "amicus curiae" to the court in the appeal for the cyber libel case of Rappler.com chief executive officer Maria Ressa and former researcher Reynaldo Santos......»»
SC affirms ruling granting bail to ex-Masbate lawmaker, Napoles
The Supreme Court (SC) has affirmed a ruling of the Sandiganbayan that allowed businesswoman Janet Lim-Napoles and former Masbate congresswoman Rizalina Seachone-Laneta to post bail in the plunder charges filed against them in connection with the Priority Development Assistance Fund (PDAF) or pork scam......»»
SC upholds decision granting Napoles bail in one PDAF case
Pork barrel scam mastermind Janet Lim-Napoles and former Masbate Rep. Rizalina Seachon-Lanete have been allowed to post bail after the Supreme Court dismissed a case related to the Priority Development Assistance Fund......»»
Ex-DOH chief Garin posts bail in Dengvaxia case
Former health secretary and incumbent Iloilo 1st District Rep. Janette Garin posted bail yesterday in connection with the criminal charges she is facing before the Sandiganbayan over the allegedly anomalous P3.556-billion dengue mass vaccination program in 2016......»»
Ex-IBP chief weighs in on doctor’s conviction
Former Integrated Bar of the Philippines president Domingo Cayosa believes the Supreme Court, in its final judgment, has considered all arguments and evidence presented in the case of orthopedic surgeon Dr. Benigno Agbayani Jr......»»
Retroactive application of Family Code
Married before the effectivity of the Family Code, and fear you cannot nullify your marriage based on the grounds provided therein? Fret not, the Supreme Court has reiterated in a recent case that the Family Code, which took effect on 03 August 1988, shall be given retroactive effect unless vested or acquired rights under relevant laws will be prejudiced or impaired. According to Arthur Candelario v. Marlene Candelario and Office of the Solicitor General (G.R. No. 222068, 25 July 2023), psychological incapacity as a ground to nullify marriage under Article 36 of the Family Code can be applied to the marriage contracted on 11 June 1984 by the parties in this case. Article 256 of the Family Code explicitly provides that the law, including its provision on psychological incapacity, shall have retroactive effect. As such, the ruling of the lower court that the marriage cannot be nullified under Article 36 of the Family Code as the law only became effective after the parties’ marriage was set aside. The Supreme Court also stressed that Republic Act No. 8533 has amended Article 39 of the Family Code, which previously distinguished between marriages solemnized before and after its effectivity. Art. 39 now provides that the action or defense for the declaration of the nullity of marriage shall not prescribe, without distinction, whether the marriage was solemnized before or after the effectivity of the Family Code. A plain reading of the law even shows that nowhere in Art. 36 is it stated that the same may not be applied to marriages celebrated prior to the effectivity of the Family Code. It is basic in statutory construction that where the law is not ambiguous, the Court may not introduce exceptions or conditions where none is provided. Likewise, deliberations of the Family Code Revision Committee show that the same issue was considered, and the retroactive application of Art. 36 was voted upon. Jurisprudence is replete with the same pronouncements, such as Chi Ming Tsoi v. Court of Appeals (1997), Republic v. Molina (1997), Republic v. Enclean (2013), and Republic v. De Gracia (2014). The Court cited the Comment of the Office of the Solicitor General in this case — that any ruling to the contrary discriminates against married couples for no reason other than having the misfortune of getting married before the enactment of the Family Code. All persons can be afflicted with a psychological disorder resulting in incapacity to perform marital obligations. As such, the issue must not focus on when the parties invoking the nullification contracted the marriage, but on whether the requirements of psychological incapacity under the law are present. In this case, while the Court agreed that Art. 36 may be applied, it negated the finding that the husband was psychologically incapacitated to comply with his essential obligations in marriage. Following the same, what is indeed essential in these cases is proving the existence of psychological incapacity, in which gravity, incurability, and juridical antecedence must be established. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Retroactive application of Family Code appeared first on Daily Tribune......»»