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Leadership row resurges over Maguindanao Norte
The conundrum continues. As one sage claims: put five lawyers in a room to interpret a legal riddle and you will have five differing answers. Legal hermeneutics is cerebral calisthenics lawyers are trained for. We see this in the on-and-off legal and political maneuverings for the governorship of the newly created Maguindanao del Norte province. Some wise observers compare it to the Game of Thrones, especially the first major story, “The Iron Throne of the Seven Kingdoms of Westeros,” which describes the “web of political conflicts among the noble families... to claim the throne.” We thought the exercise by the President of his inherent power of appointment, as this column suggested in previous articles, to fill the lacuna of leadership had written finis to the controversy. We thought wrong. The province is plunged again into a political crisis. As a caveat, the following is an off-the-cuff commentary substantially based on reports published in tri- and social media. We haven’t read the text of the decision. We had to observe caution because the case is still pending and therefore covered by the sub judice rule which prohibits public discussion of the merits of a pending case under pain of contempt of court. The recent imbroglio springs from a report of an alleged decision by a Division of the Supreme Court litigating an issue (a Mandamus not a Quo Warranto petition) regarding the appointment by then Acting Vice Governor Aimee Sinsuat of the Provincial Treasurer of the newly created province of Maguindanao del Norte. The decision includes a statement that the appointment made by Sinsuat was “valid.” Then-elected Vice Governor Aimee Sinsuat of the mother province of Maguindanao assumed the office of Acting Governor by virtue of the transitory provision of the law which called for a plebiscite for the splitting of Maguindanao into del Sur and Norte. The assumption by Sinsuat was questioned, inter alia, for the alleged inapplicability of the law because the plebiscite was conducted after the 2023 national and local elections (the law was premised on the plebiscite being conducted before the elections). The BARMM Ministry of Local Government debunked the claim of Vice Governor Sinsuat to the office. The BARMMN leadership then recommended Senior Minister Abdul Raof “Sammy Gambar” Macacua for Acting Governor to prevent paralysis of the government service. This was approved by the President who issued an appointment designating Macacua as Acting Governor and Bai Sinsuat as Acting Vice Governor, with the latter accepting it without a whimper of protest. This calmed the stormy political waters, grumbling, and maneuvering for the province’s Governorship until a Division of the Supreme Court came out with a decision upholding the appointment made by then Acting Governor Sinsuat. This has resurrected hope in the camp of Sinsuat that their interpretation of the law was correct, ergo, she should be the Acting Governor and not Macacua. This has ruffled political feathers and created confusion among Maguindanaons. Who is the legal Acting Governor of the province? Speculations on the effect of the decision flew thick and fast prompting Interim Chief Minister Ahod Ebrahim Murad to appeal to the public not to spread rumors that tend to create political instability. There are valid questions that beg answers. Was the Supreme Court aware of the appointment by the President of Macacua as Acting Governor and Sinsuat as Vice Governor? If yes, will this not lead to a constitutional crisis with the judiciary questioning the exercise of a presidential prerogative absent abuse or irregularity in the process? Was the acceptance by Sinsuat of her appointment by the President as Vice Governor without reservation made her estopped from questioning the legitimacy of the appointment of Macacua? Does the dispositive part of the decision about the legality of the appointment made by then Acting Governor Sinsuat constitute the fallo of the case or was it a mere obiter dictum? Meantime, the decision has not yet acquired finality. The BARMM will definitely file a Motion for Reconsideration. There’s still a long way to go. This column echoes the appeal of the Interim Chief Minister for the public to refrain from making any unnecessary comments that will add fuel to the controversy. *** amb_mac_lanto@yahoo.com The post Leadership row resurges over Maguindanao Norte appeared first on Daily Tribune......»»
‘Total frenzy’: Swift fever grows in Latin America
Excitement is building among Taylor Swift fans in Latin America who have endured months-long queues, expensive tickets and, in one case, assault to realize their dream of seeing the pop superstar. The 33-year-old singer-songwriter, who holds the women's record for most number one albums, will bring her "Eras" tour to the region from Thursday starting in Mexico, followed by Argentina and Brazil. In Rio de Janeiro, Renan Rodrigues camped out for several nights to buy tickets for Swift's November 17-19 concerts at the Nilton Santos stadium. The 24-year-old DJ, who performs at parties for Swifties, as the pop star's devoted fans are known, got tickets to all three performances. But he paid a high price -- an assailant hit him on the head with a bottle for resisting an attempted robbery while he was waiting. "They wanted to take my cellphone, and inside the case was my card from the only bank authorized for ticket sales. I just thought: they won't take my card," said Rodrigues, who suffered superficial injuries. Tickets for Taylor Swift shows in Brazil cost between $35 and $468. In Mexico, where young people earn an average salary of $366 a month according to official data, fans had to pay between $55 and $614. Ingrid Cruz, founder of the official Mexican fan club, described the high cost as "abuse" and complained that VIP packages were prioritized over regular tickets. Fans also reported problems with the platform of US retail giant Ticketmaster. The vendor operates in Mexico as part of the powerful CIE entertainment and media group, which in turn controls around two-thirds of the local market for live shows. Pre-sales for the four concerts in Mexico City were based on a previous registration of "verified fans" by email. But even Joel Aguilar, creator of Taylor Swift MX, a fan site with some 20,000 followers from 20 countries, failed to qualify, he said. Denisse Castro, 26, who has been unemployed for six months, hoped that building a credit history and obtaining a card from the bank sponsoring the concert would help her to secure good seats. Unfortunately for her, the bank recently tightened its credit restrictions, so Castro could only afford the cheapest tickets. In the Argentine capital Buenos Aires, a group set up camp outside the River stadium in June, five months before the concert, to ensure they have places near the stage. "It's going to be a total frenzy," said Iara Palavencino, one of the fans, who take it in turns to reserve their spots. Tickets sold out quickly in Argentina, despite the country's serious economic crisis. In Chile, President Gabriel Boric, a self-proclaimed Swiftie, made an unsuccessful appeal to Swift to include his country on her tour. And in Mexico, proving that the pop star's popularity transcends age, a 64-year-old Supreme Court judge outed himself as a Swiftie earlier this year. "There's nothing trivial about Taylor Swift," Arturo Zaldivar wrote in a newspaper in June. The post ‘Total frenzy’: Swift fever grows in Latin America appeared first on Daily Tribune......»»
BATO DARES ICC ‘I am here, arrest me!’
By: Ann JEnireene Gomez and Alvin Murcia With GLEN JACOB JOSE, Tiziana Celine Piatos AND JOM GARNER, Senator Ronald “Bato” dela Rosa warned of “big trouble” if the International Criminal Court comes to the Philippines to arrest him or anyone else. “I already expected that, their insistence on meddling in our domestic affairs. Let them, let them do what they want,” Dela Rosa said in Filipino in an interview with Frontline Tonight. “I’ll be here, I am not hiding. If they have a warrant of arrest, let them serve the warrant,” Dela Rosa said, with one caveat — that he’ll only allow himself to be arrested by Philippine authorities and not by any foreigner ordered to do so by the ICC. Dela Rosa was responding to a statement of Senate President Miguel Zubiri that the government will have no choice but to turn over anyone to the ICC if the arrest warrant will be coursed through local courts and will be served by local authorities. “We are still a sovereign country, and they (accused) are still citizens of this country. They do that with many other countries. However, the danger there is if Senator Bato dela Rosa goes to a country that is friendly to the ICC, then they will arrest him. Here in the Philippines, the process is they must coordinate with the local courts,” Zubiri said. The ICC’s Appeals Chamber voted 3-2 on Tuesday to deny the Philippines’ appeal to stop the ICC Office of the Prosecutor from resuming its investigation. “There’s no problem if the Philippine government would be the one to arrest me, but not the foreigners,” he said. “If it’s the government of the Philippines that would decide to arrest me, what can I do? But if they (ICC) would come here to take me, our government would have none of that.” “There’s going to be big trouble if they would insist on coming here against our government’s expressed will. That would be too blatant an interference and they would be treating us like fools,” he added. Chill Meanwhile, Senator Francis Tolentino, who offered to stand as legal counsel for a fellow lawmaker in the ICC probe, advised Dela Rosa to “Just chill”. “I accept the proposal of Sen. Dela Rosa to a lawyer for him. I am now speaking as the counsel for Senator Dela Rosa,” said Tolentino, chairperson of the Senate Committee on Justice and Human Rights, in an online press conference yesterday. He said nothing has changed in the Philippines’ position on the dismissal of the ICC Pre-Chamber in the country’s appeal regarding the probe of the “war on drugs.” The ICC, he added, has no jurisdiction in the Philippines. Justice Secretary Jesus Crispin Remulla on Wednesday advised former president Rodrigo Duterte and Dela Rosa to stay away from countries where the ICC has influence. Dela Rosa is accused of implementing the alleged iron-fist policy of Duterte as a Davao regional police official and later as Duterte’s first Philippine National Police chief in 2016. “They are citizens of the republic who also need our protection,” Remulla said, adding that Duterte and Dela Rosa should refrain from going to countries in Europe. Why Sara? But even before Remulla came out with his advice, Dela Rosa had already said he would not deliver himself to the ICC. “I will make sure not to go to those countries that are friendly with the ICC,” he said. He also brushed aside efforts to involve Vice President Sara Duterte in the ICC probe, calling the move politically motivated against one who could become the country’s next president. He reiterated that the Vice President’s name was never mentioned in proceedings that looked into the alleged activities of the so-called Davao Death Squad. On Wednesday, the Department of Justice maintained that the ICC has no jurisdiction to investigate the extrajudicial killings allegedly committed during the Duterte administration’s so-called war on drugs. The DoJ expressed deep disappointment and strong disagreement with the denial by the ICC of the Office of the Solicitor General’s appeal to stop the probe on account of the Philippines having withdrawn from the ICC, and its having a fully functioning justice system. It said the rejection of the appeal was based on the ICC’s flawed interpretation of its jurisdiction as a court of last resort — that it could only assume jurisdiction when a member country showed it was not capable of investigating and prosecuting crimes within its borders. The DoJ pointed out that the principle of complementarity, enshrined in the Rome Statute that created the ICC, recognizes the jurisdiction of local courts to try crimes within their respective countries. “The dissenting opinions of two esteemed justices out of the five-judge panel highlight the grave errors in the majority decision,” the DoJ said in a statement. “These dissenting justices rightly recognized the Philippines’ commitment to upholding the rule of law and maintaining an independent and effective legal system.” “Their dissenting opinions underscore the existence of a legitimate difference of legal interpretation, casting doubt on the majority’s ruling,” it added. Remulla had lambasted the ICC for meddling in Philippine affairs and said the government would not honor any arrest warrant issued by the ICC. President Ferdinand Marcos Jr. and his predecessor, Duterte, had been firm in saying the ICC had no jurisdiction over events that transpired in the Philippines. PNP no ICC lackey Meanwhile, the Philippine National Police said it would not be dictated to by the ICC as it recognizes the stance of the government that the international tribunal has no jurisdiction over the conduct of the drug war probe. “The PNP is under the executive department and we will follow the lead of the national government that there is a question with respect to sovereignty and jurisdiction of the ICC,” PNP spokesperson P/Col. Jean Fajardo said. Duterte, as Davao City mayor from 2011 to 2016 and as the country’s president from 2016 to 2022, is seen as the ICC prosecutor’s primary target, along with his former police chief, Dela Rosa. Government data showed that about 6,200 people died in “legitimate” anti-drug operations during the Duterte presidency, including law enforcement officers killed in action. Government critics claim as many as 15,000 to 30,000 were killed. Meanwhile, Vice President Duterte appeared to have been included in the complaints filed with the ICC prosecutor, along with her father’s long-time aide, the now Senator Christopher “Bong” Go. “No comment,” was the terse reply of the Vice President’s camp on her alleged inclusion in the ICC complaints. Go, on the other hand, said the ICC had no “business meddling in our internal affairs, where our courts remain fully functional and free from political interference.” “Probes into the war on drugs are presently being conducted by the competent authorities. Filipinos should be judged by fellow Filipinos before Philippine courts operating under Philippine laws,” Go said. With the ICC ruling, the DoJ vowed to continue to defend the sovereignty and integrity of the nation’s legal system and strongly urged the ICC to reconsider its decision and recognize the Philippines’ unwavering commitment to the rule of law and the pursuit of justice. “Furthermore, we would like to take this opportunity to reiterate our commitment to the well-being and support of all victims affected by the drug war,” Remulla’s department said. “The DoJ, in collaboration with other relevant agencies, is willing and able to assist those who had suffered harm or loss during this challenging period. We encourage all individuals with evidence and witnesses to come forward and share their testimonies with us,” it added. Former president Duterte, through his former spokesperson Harry Roque, shrugged off the ICC decision. In a Facebook post, Roque said Duterte has always maintained that as an independent and sovereign state, only Philippine courts can try any crime committed in Philippine territory. “He has time and again said that because of this, he will face all his accusers anytime but before Philippine courts and before Filipino judges only,” Roque said. In a television interview, Zubiri said the upper chamber would “not give up” Dela Rosa should the ICC issue a warrant of arrest against the latter. “Without the local warrant of arrest issued by the courts, then as far as I’m concerned, he is still a working member of the Senate and accorded of course that respect, similar to Senator De Lima and Senator [Antonio] Trillanes,” he said. “Only when the warrant of arrest was issued, then we allowed or we agreed that he may be taken in custody,” he added. The post BATO DARES ICC ‘I am here, arrest me!’ appeared first on Daily Tribune......»»
DoJ: Teves raps ‘non-transferable’
Department of Justice Secretary Jesus Crispin Remulla on Thursday said that there is no way that the multiple murder complaints against suspended Negros Oriental Third District Representative Arnolfo Teves Jr. can be transferred to the Office of the Ombudsman. The DoJ chief’s statement comes after the camp of Teves sought the recusal of the Department of Justice from handling the case involving the assassination of Negros Oriental Governor Roel Degamo and the subsequent deaths of 10 civilians. Remulla stressed that only judges can be removed from a case through a motion for inhibition. “We are not judges,” Remulla said. To recall, the lawmaker — represented by Atty. Ferdinand Topacio — has requested an immediate transfer of the case to the Office of the Ombudsman, a non-political entity headed by former Supreme Court associate justice Samuel Martires. Topacio expressed concern about their camp receiving a fair treatment from the DoJ, regardless of which prosecutors handle the cases and stressed that appealing the resolution of prosecutors to the Secretary of Justice would be futile due to Remulla’s alleged bias. “If you win and appeal to the SoJ (Secretary of Justice), what will happen to your appeal? It’s an exercise in futility. So that is our plea here. Perhaps, there may be some shred of decency and fair play in the secretary, that he refers it to the Ombudsman since we have grounds to conduct a preliminary investigation under the law,” Topacio said. To recall, Teves and several other respondents have been charged with 10 murder, 14 frustrated murder, and four attempted murder in the deaths of 10 persons and injuries sustained by 18 others. The DoJ’s panel of prosecutors has started its preliminary investigation. Teves has been out of the country even after his travel abroad expired on 9 March 2023. He has been tagged as “one of the masterminds” in the Degamo killing although he consistently denied the allegations. The solon failed to attend the preliminary investigation conducted last 13 June. The panel of prosecutors set another investigation on 27 June. The post DoJ: Teves raps ‘non-transferable’ appeared first on Daily Tribune......»»
De Lima should have been granted bail — Lagman
Former senator Leila de Lima’s plea in her last drug case pending before the Muntinlupa Regional Trial Court should have been granted, Albay Rep. Edcel Lagman, president of the once-ruling Liberal Party, said on Thursday claiming there are several “overriding factors” to fully warrant the post bail. Among the factors brought forth is the Supreme Court granting bail to ex-senator Juan Ponce Enrile in 2015 on a plunder case over the infamous pork barrel scam. The high court had allowed Enrile to post bail based on the presumption of innocence, voluntary surrender, not being a flight risk and fragile health. However, the opposition lawmaker believes that De Lima, a member of the LP, is subject to all of the aforementioned standards on an equal footing. Meanwhile, the camp of former Senator Leila de Lima is set to file an appeal to reverse the decision of the Muntinlupa Regional Trial Court Branch 256. Presiding Judge Romeo Buenaventura of the Muntinlupa Regional Trial Court Branch 256 in a decision dated 7 June denied the petitions and motions for bail filed by the former lawmaker and co-accused Franklin Jesus Bucayu, Ronnie Dayan, Joenel Sanchez and Jose Adrian Dera in case 17-167. Based on the information filed by the Department of Justice in February 2017, De Lima and her co-accused were charged of conspiracy to commit illegal drug trading. The post De Lima should have been granted bail — Lagman appeared first on Daily Tribune......»»
EDITORIAL - Will of the people
The losing camp is reportedly considering an appeal, as is its right. But with the Supreme Court, sitting as the Presidential Electoral Tribunal, handing down a unanimous decision, a reversal is unlikely in its junking of the poll protest filed by former senator Ferdinand Marcos Jr. against Vice President Leni Robredo......»»
Russia blocks renewal of UN panel monitoring North Korea sanction compliance
At the United Nations, a recent vote on renewing a panel of experts monitoring North Korea’s compliance with international sanctions has caused tension among member.....»»
Hoffman boosts bid for Paris Paris
Olympics hopeful Lauren Hoffman yesterday set a new national record in the women’s 400-meter hurdles with a gold medal performance in the Hurricane Collegiate Invitational in Coral Gables, Florida......»»
Hoffman sets new Philippine hurdles record at Florida meet
Paris Olympics-hopeful Lauren Hoffman on Wednesday set a new national record in the women’s 400-meter hurdles with a gold medal performance in the Hurricane Collegiate Invitational in Coral Gables, Florida......»»
New DCPO chief to focus on personnel morale, asset optimization
THE Davao City Police Office (DCPO) bid farewell to PCol. Alberto Lupaz and welcomed its new City Director, PCol. Richard Bad-ang, in a turn-over ceremony at the Camp Captain Domingo E. Leonor on March 22......»»
UN Security Council demands immediate Gaza ceasefire after US abstains
(1st UPDATE) The US abstains from the vote to allow the Security Council to demand an immediate ceasefire amid growing global pressure for a truce.....»»
UN Security Council demands immediate ceasefire in Gaza
The US abstains from the vote to allow the Security Council to demand an immediate ceasefire amid growing global pressure for a truce.....»»
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......»»
Austria leads Grumpy Joe to CJHGC Corporate Cup triumph
Jonar Austria recorded a consecutive 54 points to anchor Grumpy Joe to victory in Group 1 at the close of the 18th Corporate Cup at Camp John Hay Golf Club here Friday......»»
The dangers of voting by non-citizens
Only US citizens may vote in federal elections......»»
Constantino claims classic win on fiery last-day charge
Harmie Constantino fought back from five strokes down with a brilliant frontside 33 then held sway to finish with a 69 and win the ICTSI Palos Verdes Championship by three as her rivals faltered one after the other in a tense battle of skill and character here yesterday......»»
Xinhua world news summary at 0630 GMT, March 18
MOSCOW -- Russia's incumbent President and presidential candidate Vladimir Putin, who is set to win reelection, said he would do his utmost to achieve national development goals on Monday morning. Putin has won 87.32 percent of the vote after 95.04 percent of all ballots were counted, according to data from the Russian Central Election Commission as of Monday morning. (Russia-Presidential Election) - - -.....»»
P7.2M worth of dried cannabis seized from local supplier along Kennon Road
At least P7.2M worth of dried cannabis leaves and stalks packed in a cylindrical packaging was seized in a sting operation against a local drug trader along Camp 4, Kennon Road in Tuba, Benguet on Wednesday morning......»»
Three-peat seeking FH trails by 5 in Corporate Cup golf tourney
Jonar Austria fired 54 points, Oscar Gallo contributed 45 and Von Vargas added 42 as Grumpy Joe zoomed to a five-point lead over defending champion Forest Hills-Megafiber in Group 1 of the 18th Camp John Hay Corporate Cup......»»
Corporate Cup golf: BCM, Perfect Drive mount early leads
Karl Flores scored 46 points while Gerry Aguado and Arnel Panganiban added 44 and 42 to lift BCM Balayan to a commanding lead in Group 4 after the first round of the 18th Corporate Cup held at the Camp John Hay Golf Club......»»