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NBA: James triple-double pulls Lakers past Grizzlies
LeBron James returned from a one-game absence to post a 23-point triple-double on Wednesday and lead the Los Angeles Lakers to a 136-124 NBA victory over the Memphis Grizzlies. James sat out the Lakers’ come-from-behind double-overtime victory over the Milwaukee Bucks on Tuesday with a sore left ankle. READ: NBA: Giannis tows Bucks over Thunder .....»»
DMW sets April 15 deadline for kin of deceased Saudi OFW wage claimants
DMW sets April 15 deadline for kin of deceased Saudi OFW wage claimants.....»»
2 activists kidnapped in Pangasinan
The Commission on Human Rights has called for a search for two environmental rights defenders and church workers who were reportedly kidnapped in Pangasinan last weekend......»»
Workers hold pro-wage hike rally today
Workers will mount a protest action today to push for the immediate granting of salary increases whether through legislation or wage order......»»
Training on COA compliance for government institutions
To guide government institutions on their compliance with the Commission on Audit Circular 2020-006, the Center for Global Best Practices will be launching a two-session online training titled “COA Guidelines and Procedures for One-Time Cleansing of Property, Plant and Equipment Account Balances” on April 18 and 19, 2024 from 1:30 to 4:45 p.m. via Zoom......»»
Workers seek Church help on wage hike
The Federation of Free Workers (FFW) is seeking the intervention of the Catholic Church for immediate passage of the pending P150 legislated nationwide wage hike......»»
EDITORIAL - Under lock and key
The Civil Service Commission has reminded all government officials and employees of the April 30 deadline to submit their sworn Statements of Assets, Liabilities and Net Worth for 2023......»»
SALN filing deadline set on April 30
Government officials and employees must file their 2023 Statement of Assets, Liabilities and Net Worth on or before April 30, according to the Civil Service Commission......»»
5 climate change adaptation projects worth P540.3M given the nod
The People’s Survival Fund Board approved at least five climate change adaptation projects, endorsed by the Climate Change Commission amounting to P540.3 million, geared toward increasing the adaptive capacity of local government units to climate change adaptation. Robert E.A. Borje, the CCC Vice-chairperson and executive director, welcomed the latest development in the country’s fight against climate change. “The PSF Board’s approval of these five projects signals a pivotal message on the value of advancing adaptation measures at the local and community level, especially at a time when risks and challenges posed by climate change demand immediate and urgent actions,” he underscored. Borje cited Finance Secretary Benjamin Diokno, the PSF board chairperson, for his leadership and commitment to advancing the objectives of the survival funds. “I also thanked the PSF Board members for their sustained effort and collaboration throughout the review and evaluation, and field validation exercises, which led to CCC endorsement and PSF Board’s project approvals,” he said. The submissions of LGUs from the PSF Board-issued Call for Proposals from February to April 2023 are included in the five projects. Borje said adaptation interventions to be implemented by LGUs include the establishment of climate field schools for farmers, flood protection, river ecosystem management, installation of solar-powered pumps, and mangrove rehabilitation. “With the benefits to be provided by these projects, the PSF will be able to demonstrate effective and sustainable practices on local climate actions, championing the resilience of the most vulnerable sectors to climate change,” he added. The PSF Board approved a Php 2-million Project Development Grant or PDG for the Municipality of Besao, Mountain Province to undertake project preparatory activities such as hydrological and geotechnical studies to establish the rationale of the LGU’s adaptation intervention. The projects’ approval enabled 17 LGUs to receive support from the PSF and its PDG. Among the previously approved projects are from Lanuza, Surigao del Sur; Kitcharao, Agusan del Norte; Gerona, Tarlac; Del Carmen, Surigao del Norte; Sarangani Province; and San Francisco, Camotes Island, Cebu. Borje noted that the CCC, in coordination with the Department of Finance, is working on further streamlining the accession of PSF through enhancement of the processes entailed by project proposals from submission until the approval stage. The PSF was institutionalized in 2012, through the Republic Act 10174, which amends the Climate Change Act of 2009—to include the provision of long-term finance streams to enable the government to effectively address the problem of climate change. It aims to enhance the resilience of communities and ecosystems to climate change. The CCC is likewise mandated to conduct the Climate Rationale Review and Evaluation or CRRE of project proposals submitted for PSF, convening the National Panel of Technical Experts to look into the climate rationale of projects. The CRRE process takes into consideration the historical and present data, ensuring that projects are fit-for-purpose and responsive to specific climate risks and vulnerabilities of an LGU. The post 5 climate change adaptation projects worth P540.3M given the nod appeared first on Daily Tribune......»»
DMW: ‘It’s our job’ to shoulder OFWs’ repatriation, accommodations
Department of Migrant Workers spokesperson Toby Nebrida said on Thursday that it is the agency’s job to fund the accommodation of overseas Filipino workers being repatriated to the country. The accommodations include lodging, free flights and services going back to the OFWs' home provinces. “It’s our job… regardless of status. They are in need, we help them. It’s our job. There's nothing difficult to understand in that,” Nebrida said. In August 2023, the Commission on Audit flagged the Overseas Workers Welfare Administration for questionable expenses on the repatriation of 3,707 OFWs during the Covid-19 pandemic. The OFWs went home and availed of free flights, lodging and food multiple times from April 2020 to May 2023. Many of them were said to have used the program after their contracts expired. Aside from the accommodation assistance handed out by DMW and the Overseas Workers Welfare Administration, the repatriates received a total of P105,000 in cash assistance: P50,000 from DMW, P50,000 from OWWA and P5,000 from the Department of Social Welfare and Development. The post DMW: ‘It’s our job’ to shoulder OFWs’ repatriation, accommodations appeared first on Daily Tribune......»»
Scammer slapped with charges
The National Bureau of Investigation announced on Sunday that it has file charges against an alleged scammer who promised an investor between 10 percent and 25 percent returns in her invested money. The charges of Estafa under Article 315, 2(a) of the Revised Penal Code for the alleged investment scam was filed before the Quezon City prosecutors office by the NBI shortly after the suspect was arrested in Quezon City recently. Investigation showed that the suspect had convinced one victim to invest P400,000 and promised it would earn interest ranging from 10 to 25 percent depending on the term/paid-out date. “Believing the representations of the suspect, the complainant invested a total amount of P400,000 paid on various dates starting from February to April 2023,” the NBI said. “However, (the suspect) failed to make good her promise to pay the complainant with the agreed pay-out of her investment despite numerous demands.” The unnamed complainant told investigators that the money she gave the suspect “was not really invested and that the suspect has no Securities and Exchange Commission registration.” When the suspect asked for P440,000 in additional investment, the complainant decided to file a complaint in the NBI, which promptly launched an entrapment operation. The post Scammer slapped with charges appeared first on Daily Tribune......»»
DoF: ESG bond deals hit $3.55B
The government has funded green and social projects through the issuance of bonds amounting to $3.55 billion or P195.64 billion from March 2022 to January this year, resulting in bigger areas of replanted forestland and more flood-safe communities and benefiting agricultural entrepreneurs and students with tertiary education. The Sustainability Bond Allocation and Impact Report released Monday by the Department of Finance shows the total fund consisted of four bond transactions dedicated to environment, social and governance or ESG projects. For last year’s bond issuances, the government raised $1 billion in March, 70.1 billion Japanese yen in April, and $750 million in October. In January this year, it raised $1.25 billion. Proceeds from the bonds were used to either fully or partially finance and refinance four groups of projects by various government agencies from 2020 to 2022. DENR’s planting, marine program First, the planting and marine program by the Department of Environment and Natural Resources expanded greenery in forestland spanning 45,947.44 hectares and preserved plants in 191,081 hectares last year. Meanwhile, 244 areas covering 7.73 million hectares of terrestrial, marine, coastal, caves, and wetlands have been protected against biodiversity destruction. The P10.1-billion program provided jobs to 1,868 Filipinos this year from 1,808 in 2020 and financial aid to 68 groups from 25. Moving forward, the Marcos administration aims to boost production of bamboo and indigenous tree species on 3,565 hectares of land. Second, the flood management projects of the Department of Public Works and Highways along the country’s major rivers and river basins increased to 2,088 projects last year from 2,037 in 2020. These included floodways, dikes, water impounding structures and dredging works. The bond proceeds allocation to this program was P80.7 billion or 27 percent of the total project cost. Third, the bond proceeds enabled the Department of Labor and Employment, or DoLE, to provide business training, working capital, tools, and microinsurance to 9,112 members of the marginalized communities and displaced workers. These benefits were given under DOLE Integrated Livelihood Program, and Tulong Panghanapbuhay sa Ating Disadvantaged/ Displaced Workers or the Emergency Employment Program. Lastly, the Commission on Higher Education and the Technical Education and Skills Development Authority were able to distribute funds for free tertiary education and subsidies to Filipino youth. Beneficiaries of free education in CHED-accredited local universities and colleges increased to 349,208 last year from 253,302 in 2020. The post DoF: ESG bond deals hit $3.55B appeared first on Daily Tribune......»»
Appeal to Pope Francis: Restore the Mediatrix
Devotees are appealing to Pope Francis to restore the Mediatrix because there is evidence that the 1951 Pope Pius XII decree, which declared the Mediatrix apparitions not “of supernatural origin,” has been proven invalid, including all subsequent Church decrees to suppress the Mediatrix devotion in the last 70 years. The Vatican allows Mediatrix devotion (prayers, novenas) but bans any Church activity in reference to the apparition. The 1951 Pius XII decree is invalid because it is not found in the Acta Apostolicae Sedis, a requirement for a decree to be binding, according to Canon Law. The decree is considered “non-existent” even though the Holy Office (the Congregation for the Doctrine of the Faith back in 1951) issued a similar decree, which was not binding. Only the Pope can issue such an official decree, according to Canon Law. On 11 December 2015, Gerhard Cardinal Muller, as head; and Archbishop Luis Ladaria, SJ, as the secretary of the CDF, the Vatican office in charge of investigating Marian apparitions, issued Protocol 226/1949 which hinted at the non-existence of the Pius XII decree. Archbishops of Lipa Mariano Gaviola and Ramon Arguelles, during their respective tenures, separately asked the CDF for the documents on the status of the 1951 disapproval of the Lipa apparitions. After the CDF failed to give this, Gaviola permitted public veneration of the original image of the Mediatrix, and Arguelles issued a decree lifting the ban on Mediatrix veneration, which they could do under Canon Law, and which resulted in the erroneous CDF Protocol 226/1949, quoted below. “11. Archbishop Ramon Arguelles, in a letter dated 7 October 2009, requested permission to examine the archives of the Congregation for the Doctrine of the Faith, regarding the phenomenon at Lipa. Shortly thereafter, on 12 November 2009, Archbishop Arguelles issued a decree by which he ordered that ‘all bans written or unwritten intended to curtail or diminish the devotion to Mary Mediatrix of all Grace be lifted’ and ‘ that a new commission be formed to review the documents on the alleged apparitions of 1948 as well as to compile additional documents from the period up to the present.’” “12. After examining its archives, and discovering the error in Archbishop Ramon Arguelles’s assumption that the matter of the phenomenon of Lipa was still open to discussion, the Congregation for the Doctrine of the Faith, in a letter dated 20 March 2010, responded to Archbishop Arguelles, informing him that the decision communicated by the Episcopal Commission in 1951 was, in fact, a decision approved by the Holy Father and, therefore, the matter no longer rested under the authority of the Archbishop.” Under Canon Law, Arguelles and Gaviola, as bishops of the Lipa diocese, had the right to be provided a copy of the Holy Office-Pius XII decree, if it existed at all. When it was not given, under Canon Law, Arguelles and Gaviola had the right to lift the ban on Mediatrix devotion. The CDF claim that the matter was no longer “open to discussion” is false and is a contravention of Canon Law, which states that, in the absence of a Vatican decree, local bishops had a right to act on their own authority. The CDF, in Protocol 226/1949, wrongly blamed Gaviola and Arguelles for violating Vatican protocol.Both the Holy Office of 1951 and the CDF of 2015 committed the “sin” of not reporting that the Pius XII decree was not registered in the Acta. Muller and Ladaria , who have retired from the CDF, should be investigated by Pope Francis. No one in the entire Church knew that the Pius XII decree was non-existent for seven decades up to this very day, except for a few who did not come out in fear of Vatican repercussions. The CDF claim that the “Episcopal Commission in 1951 was in fact a decision approved by the Holy Father” is completely baseless. The Episcopal Commission issued its decision on 11 April 1951, while the Holy Office-Pius XII issued its decision two weeks before on 28-29 March. How could the Holy Office issue a decision on a still non-existent future Episcopal Commission decision? Mediatrix devotees are appealing to Pope Francis to retract Protocol 226/1949, restore the images of Bishops Gaviola and Arguelles, and stop the suppression of the Philippine clergy and the Marian devotees, in the name of the Virgin Mary whom we all love. We welcome any reply from Rome on this matter. eastwindreplyctr@gmail.com The post Appeal to Pope Francis: Restore the Mediatrix appeared first on Daily Tribune......»»
Phl phishing attacks highest in SE Asia, linked to 2% loss in GDP
At least two percent of the global Gross Domestic Product was lost due to increasing cases of online fraud, phishing, and scams, Senator Mark Villar said Monday. Villar, presiding over the hearing by the Senate Committee on Banks, Financial and Institutions and Currencies, lamented that the proliferation of online scams threatened not only the potential of online banking but also the stability of the banking system and the hard-earned money of the Filipino people. “While digitalization and the widespread use of digital finance opened opportunities for the banking sector, it is also apparent that opportunists also devise new methods to take advantage of this emerging financial market,” Villar said. While there’s an increasing number of Filipinos using online payment platforms, Villar noted that crimes related to digital financial transactions are also growing. “A significant number of Filipinos have been targeted by digital fraud attempts and a portion of them eventually fall victim to it,” he said. The Bangko Sentral ng Pilipinas said it has received more complaints regarding online banking transactions compared to those related to using Automated Teller Machines and credit cards, among others. In fact, the Anti-Money Laundering Council reported a rise in suspicious transactions in 2020 comprising acts of phishing, skimming, and transactions related to money mules. The Security Exchange Commission likewise noted a significant rise in complaints related to online fraud committed by online lending platforms. Villar said as these scammers take advantage of their victims, they also rattle their victims' trust in the country’s banking and financial institutions. “Trust, being the currency of the banking system, must be well-earned. Given the proliferation of online fraudsters, it is imperative that we strengthen our efforts to keep scammers at bay,” he added. Among the existing laws aimed at fighting online bank fraud include Republic Act 11765 or Financial Products and Services Consumer Protection Act; the RA 11934 or Subscriber Identity Module (SIM) Registration Act; and RA 10175 or Cybercrime Prevention Act of 2012. Villa said as criminal elements adapt to legislation to perpetuate fraud, hence, “there is a need to legislate new laws to keep them off track” such as the proposed Anti-Financial Account Scamming Act. “This measure will reinforce and earn back the public’s trust in our financial institutions,” he said. The number of phishing attacks in the Philippines during the first half of 2022 already surpassed the number of attacks at over 1.8 million detected compared to 1.34 million attacks during the entire year of 2021. Villar described the spiking cases of online scams as “extremely concerning.” This, as data from Kaspersky Security Network revealed that cases of financial phishing attempts in the Philippines from February to April 2022 were highest in Southeast Asia. Villar emphasized that the Anti-Financial Account Scamming Act or AFASA will evidently deal with cases of online fraud and will provide a regulatory framework that penalizes scammers as well as entails safeguard measures to protect Filipinos and their financial accounts. “Because of the lack of a regulatory framework that penalizes these scammers, there are and there will be more victims in the foreseeable future,” he added. AMLC executive director, Matthew David, said they required banks and payment operators to maintain the 'Know Your Customer document' for their system and store a system that could verify the identity of the clients, including the bank account owners. “They are required to do some verification in order to make sure the true identity of the customers,” David added. The public committee hearing was followed by an Executive Session due to the confidentiality and sensitivity of the issues and information that will be discussed. Villar said the executive session was conducted to ensure that law enforcement measures being undertaken to apprehend and prosecute scammers will not be disrupted. The post Phl phishing attacks highest in SE Asia, linked to 2% loss in GDP appeared first on Daily Tribune......»»
Intramuros, citadel of an empire (1)
My appreciation of arts and culture began when I was assigned by the Commission on Audit as the first resident auditor of the Intramuros Administration, or IA, then headed by Dr. Jaime C. Laya. It was our distinct honor and privilege to have worked with Dr. Laya, who was highly admired for his honesty and integrity. His presence in the workplace brought trust, grace and efficiency. He was the chief implementor of the mandates to restore and develop Intramuros as a monument to the Hispanic period of Philippine history, to restore its general appearance to conform to the Spanish architecture of the sixteenth to the nineteenth centuries, and to sponsor, conduct or otherwise assist and support festivals and cultural activities. Knowing the functions of the agency under audit helped me to review intelligently the economy and effectiveness of the utilization of government resources in the implementation of the mandates to restore the walls of Intramuros, the authenticity of the works it was acquiring, and the cost-effectiveness of the acquisitions. The continuing process of examining things of the past and imbibing into my consciousness bits of knowledge about the makings, the ages, and colors of the porcelain antiques of the Ming and Sung dynasties, the religious relics, the artifacts, the paintings of Luna, Hidalgo, Amorsolo and Castañeda, the archaeological findings, of the rare and ancient books, of the music of various ages and classes of our indigenous peoples, of the architectural and sculptural designs displayed by our own artists in this particular form of discipline — in totality constituted a singular quality of distinction that was uniquely beautiful and globally interesting to behold. The whole process of assimilation enabled me to equip myself with the necessary tools to create my own forms of art out of the stored knowledge that is both teachable and writable for the education and pleasure of man and the Greater Glory of God. President Ferdinand Edralin Marcos founded the Intramuros Administration on 10 April 1979, not only to restore the walls of the oldest city of Intramuros but to perpetuate the memory of the citadel of the only Catholic Empire in Asia. Intramuros was primarily a fortress. How it was built and how it withstood the battle during the Japanese occupation in the Second World War is a fascinating story. The decision of the Japanese Imperial Army during the Second World War to make their last stand in Intramuros against the Allied Forces in the Philippines was a tribute to the formidability of the old walled city as the strongest fortification built by Spain in Asia. The Japanese Army had a worthy commander, Rear Admiral Sanji Iwabuchi, a graduate of the Imperial Japanese Navy Academy in 1915. In 1937, he was promoted to captain and given command of the battleship Kirishima on 20 April 1942. On 15 November 1942, his forces engaged the US Navy in the Second Naval Battle of Guadalcanal where his battleship Kirishima was sunk but not after it had sunk two US battleships and eight cruisers — a major one-sided triumph for the Japanese Imperial Naval Command which promoted Iwabuchi to Rear Admiral. He was given command of the 11th fleet, in charge of the Japanese defense of Guadalcanal against the United States. General Yamashita later gave him a direct order to withdraw and report to him and not to proceed to Manila. He refused, citing his shame over having lost his Kirishima. He believed he could redeem that loss by holding his position in Intramuros to the death. Before the start of hostilities, Rear Admiral Sanji Iwabuchi addressed his men: “We are very glad and grateful for the opportunity to serve our country in this epic battle. Now with what strength remains, we will daringly engage the enemy. Banzai to the Emperor! We are determined to fight to the last man.” (To be continued) The post Intramuros, citadel of an empire (1) appeared first on Daily Tribune......»»
On right track
"Culture and the arts reflect our identity as Filipinos, as people. We must have a strong patriotism to embrace our culture and identity fully.” It may be a long and arduous road toward a free and genuine Filipino culture, National Commission for Culture and the Arts Executive Director Oscar G. Casaysay says, “In taking a whole of government approach, we are on the right track in attaining Philippine Development Goals.” Casaysay, who managed the community relations and major festivals and celebrations of the country’s largest city for nine years (from 2004 to 2013), now leads NCCA in preserving, developing, and promoting the Philippine arts and culture. Founded in 1987, NCCA “promotes unity among individuals involved in the conservation of cultural properties, such as artworks, ethnographic collections, archaeological artifacts, and other materials of historical significance.” He admitted that before joining the agency, he only read the works of national artists like Bienvenido Lumbera, Nick Joaquin, and Ricky Lee. He watched the films of esteemed Lino Brocka, Ishmael Bernal and Marilou Abaya. “I only heard and read about the productions of the Cultural Center of the Philippines featuring the Ballet Philippines and the Philippine Harmonic Orchestra,” he said. “It was only when I became the executive director that I was able to watch those productions inside the CCP in the front row and even stand on stage giving out messages.” “I now meet our national artists up close and personal. I have the luxury of being introduced to many theater greats in the Philippine Education Theater Association and other theater productions,” he added. He went on to say that he also had the pleasure of meeting Alice Reyes (whom he described as “graceful and very down to earth”), Ryan Cayabyab (“cool and very accommodating”), Virgilio Almario (“so dignified”), Ramon Santos (“unassuming”), Ricky Lee (“down to earth and very accommodating”), Nora Aunor (“warm and humble”) and Agnes Locsin (“friendly and very warm”). In the absence of regional offices to connect with local artists and cultural workers, he said NCCA works with sub-commissions whose members are elected from among the private sector members from different communities. “Ours is a complex network that we have to deal with,” Casaysay said. “A lot of challenges each day. The most difficult part is we don’t have a huge budget, although the grants we give out come from the National Endowment Fund for Culture and the Arts.” These grants, he said, are derived from the proposals coming from civil society organizations, individual artists and cultural workers, other national government agencies, schools, colleges, universities, and local government units for their culture and arts programs and projects. Through the Sentro Rizal Office, the NCCA also engages in international initiatives. Every day has a lot of challenges and struggles to confront and hurdle, but still, with the most gracious style, he jested. The NCCA oversees the entire recognition process, from the call for submissions and selection to the presentation of the Gawad sa Manlilikha ng Bayan, the Order of National Artists and the National Heritage Awards. Culture is a nation’s soul “Culture is the soul of the nation. Without culture, a nation doesn’t have an identity. Culture refers to the way of life of a nation. Thus, everything that we do as a people becomes our culture,” he said. “Culture is best manifested through the arts that are said to be the best expressions of culture.” “All seven types of arts contribute to the overall growth and advancement not just of a person but of the community and the nation as well,” he said, referring to architecture and allied arts, cinema or film, dance, drama or theater, literary arts, music and visual arts. Throughout the pandemic, he felt disheartened by the perception of the arts sector as being “non-essential.” “We cannot imagine the online platform without some of the best online programs communicated through the arts — films, dances, poetry, music, or even Netflix,” he said. Citing the NCCA’s role in supporting and promoting the interests of indigenous people groups, Casaysay said valuing and preserving the cultural heritage of IPs contributes to the diversity and richness of Philippine culture. Through its programs, projects, and collaborations, the NCCA empowers IPs to protect, revitalize, and celebrate their unique cultural traditions, languages, and arts, ensuring their continued existence and appreciation for future generations. “Other aspects, such as indigenous cultures and cultural heritage, also contribute to a nation’s progress and development,” he said. Indigenous cultures, he said, refer to the knowledge, skills, and practices of our culture bearers that are preserved and handed down from one generation to another. “Cultural heritage may be tangible or intangible and is considered the wealth of a nation in terms of its glorious past. All these facets of culture are important in the life of a nation and are essential towards the holistic advancement of a country,” he said. Opportunities The lack of widespread discussion and engagement among Filipinos regarding culture is a primary concern Casaysay and many others share. “There are many challenges faced by the NCCA in this aspect. To enumerate a few — due to the lack of interest generally by Filipinos in arts and culture. For many, culture and the arts are seen as not essential; for many, it is only for the elite,” he said. He lamented the current trend wherein the younger generation shows greater appreciation for foreign cultures, such as those from Korea or the United States, rather than their own. Instead of viewing these as obstacles, he said the NCCA sees them as opportunities for growth and enhancement. Expressing confidence in the significant achievements of the NCCA in fostering greater appreciation, understanding, respect, and love for arts and culture among Filipinos, he said these encompass various aspects, including policy formulation, programming and promotions. Several laws have been enacted to safeguard the country’s cultural heritage, such as the Republic Act 10066 of 2009, commonly known as the National Heritage Law. Moreover, the NCCA organizes institutional programs throughout the year to celebrate and promote different facets of Filipino culture. Notable examples include National Arts Month held every February, Food Month and Literature Month in April; Heritage Month in May, Linggo ng Musikang Pilipino (OPM Week) in the last week of July, and IP Month in October, among others. “The NCCA is also in charge of the cultural mapping and monitoring of the local culture and arts councils in the local government units,” he said, adding that it needs to intensify its efforts to be able to reach the grassroots levels. Since dreams don’t become reality through magic but by sweat, determination, and hard work, Casaysay said the NCCA will harness and maximize more platforms to reach a larger market, especially the younger generation. The dream of having a Department of Culture is neither a mountain high enough. The post On right track appeared first on Daily Tribune......»»
The power of eminent domain
Stripped of all the legal technicalities, the power of eminent domain is the right of the State to take one’s property and use it for public purpose upon payment of just compensation, even against the will of its owner. While primarily lodged with Congress, this power may also be delegated to local government units, other public entities, and public utility corporations, albeit much more restrictive in the sense that compliance with the limitations of the delegating law is a must for the exercise of the power to be held valid. Essentially, the exercise of the power of eminent domain has two stages namely: First, the determination of the authority of the plaintiff to exercise the power of eminent domain and the propriety of its exercise in accordance with the surrounding facts; and second, that the taking of the land be subject to payment of just compensation. Once both requirements have been satisfied, the Court may issue a writ of possession without even conducting a hearing on the merits of the case. In view of this, is the issuance of a writ of possession a ministerial duty on the part of the trial court upon the filing of the complaint and payment of the deposit money? Answering in the negative, the Supreme Court in the case of Iloilo Grains v. Hon. Enriquez Gaspar (G.R. 265153, 12 April 2023) explained that in cases where there is a question on whether the entity exercising the right to expropriate does so in conformity with its delegating law, the same should be heard and determined first by the court pursuant to its vested authority. In this case, the expropriating entity is the National Grid Corporation of the Philippines or NGCP which was vested by the right of eminent domain under Republic Act 9511. Notably, one of the conditions under NGCP’s franchise is the need for prior approval by the Energy Regulatory Commission or ERC of any plan for expansion or improvement of the facilities of TransCo. The Supreme Court emphasized that in expropriation cases, questions regarding the validity of the exercise of the power of eminent domain which primarily pertains to its necessity must first be resolved before the court may even tackle the issue of the propriety of just compensation. Furthermore, in cases where such power is merely delegated as in this case, it is imperative to ensure that the exercise of such right conforms with the delegating law. Lastly, it must also be shown that the complaint is sufficient not just in terms of form but more importantly, in terms of the substance of its allegations. Pursuant to this, the Court has laid down the following criteria used to determine the sufficiency of a complaint namely: (1) That the property taken must be private property; (2) there must be genuine necessity to take the private property; (3) the taking must be for public use; (4) there must be payment of just compensation; (5) and the taking must comply with due process. Lastly, for entities exercising a mere delegated power of expropriation, there is a need to demonstrate possession of the authority to exercise such power of expropriation. Applying the foregoing to the present case, the Supreme Court held that the failure of NGCP to allege in its complaint that it had secured the required ERC approval for the projects that were used as the basis of the expropriation proceedings as well as NGCP’s failure to choose the portion that is least burdensome to the landowner rendered the complaint insufficient in substance. Accordingly, a hearing must first be conducted to resolve these matters as they essentially hinge on the issue of necessity vis-a-vis the expropriator’s compliance with the statutory requirements for a valid exercise of the power of eminent domain. In essence, courts should not issue a writ of possession if the very authority of the plaintiff is in question. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@ The post The power of eminent domain appeared first on Daily Tribune......»»
Poe seeks probe vs. spread of text scams despite SIM Registration Act implementation
Senator Grace Poe has filed a resolution urging the Senate to investigate, in aid of legislation, the continued proliferation of text scams despite the implementation of the SIM Registration Act. In filing Senate Resolution No. 745, Poe is seeking to learn if Republic Act No. 111934 or the SIM Registration Act has been fully implemented more than a year since it was enacted. "The law aims to protect users from scams and hasten law enforcement in investigating phone-related scams," she said in the resolution. "The registration of SIM should help unmask fraudsters and deny them sanctuary to hide. But, are these being achieved?" she added. Poe, principal author and sponsor of the law also expressed her intent to know the reported use of SIMs in the operations of illegal Philippine Offshore Gaming Operators. The senator said a recent raid on POGO establishments revealed that thousands of SIMs are being used for illegal operations. "The law mandates that SIM should not be used for unlawful purposes and that owners have verified identity," she said. "However, reports that thousands of registered SIMs seized are being used as a tool for scamming and other cyber fraud raise questions about the effective implementation of the law," she added. The chairperson of the Senate Committee on Public Services also said that the implementing agencies, telecommunications companies and law enforcement agencies “should explain how thousands of SIMs used in fraudulent operations were able to register, and if they were signed up using fictitious individuals or by willing victims who sold their identity.” She reminded the National Telecommunications Commission, the Department of Information and Communications Technology, and other relevant agencies to submit to Congress a report and update on the law's implementation. The deadline for SIM registration expired on 25 July after being extended for 90 days. The original deadline for SIM registration was on 26 April. Signed into law in October 2022, Republic Act No. 11934, or the SIM Registration Act, seeks to stop the rampant scams through text messages, which have become more prevalent over the past years. The post Poe seeks probe vs. spread of text scams despite SIM Registration Act implementation appeared first on Daily Tribune......»»
OWWA must come clean
When migrant workers were among the first to be hit by the impact of Covid-19 when the lockdowns began globally, the Overseas Workers Welfare Administration or OWWA was expected to aid overseas Filipino workers in their ordeal. Instead, the Commission on Audit found questionable OWWA moves in the conduct of the repatriation of OFWs and the use of public funds for this. Some 3,707 overseas Filipino workers were repatriated from April 2020 to May 2022 at “more than a single instance.” According to the 2022 CoA report, doubts were raised “on the eligibility” of the repatriates to qualify as being in distress. By doing so, the recipients of the OWWA assistance “expended funds that should have been borne by these OFWs during their regular trips back home contrary to Section 2 of Presidential Decree 1445, thereby depleting scarce government resources.” That was a period when the government was scrounging for funds for programs to respond to the effects of the pandemic. CoA said a review of the list of repatriates indicated that the 3,707 individuals who availed of the emergency program were repeat beneficiaries up to five times over 26 months. “It was noted that 88 percent or 3,250 of these individuals were sea-based,” the CoA said. CoA investigation indicated that the repatriation program was used by the OFWs for their regular trips back home after their contracts had expired “and not due to distress as can be gleaned by the number of times these OFWs availed of the program.” What made matters worse was the response of OWWA to the CoA findings that “it could not explain how the OFWs were assessed to qualify as overseas Filipinos in distress.” CoA added that the improper evaluation of the OFWs that availed of the program “may have a detrimental outcome on the effectiveness of the program as it exhausted funds that could have been used to accommodate eligible” recipients. OWWA said its regional offices only received OFWs “who boarded via sweeper flights as communicated by the central office.” A further review of the program showed unobligated hotel accommodation expenses by the regional offices in 2020 amounting to P642,000 that was paid using the 2022 Emergency Repatriation Fund, which violated the law. Under the law, or PD 1445, “no money shall be paid out of any public treasury or depository except in pursuance of an appropriation law or other specific statutory authority.” Section 119 also requires that “all lawful expenditures and obligations incurred during the year shall be taken up in the accounts of that year” to address the expenses paid out of the budget two years after. CoA also questioned a total of P328,756 in disbursements by the central office and six regional offices that were “deemed irregular, unnecessary, excessive, extravagant and unconscionable expenditures.” CoA, in the exercise of its functions, had to rely on hard numbers, the reply of agency officials, and the presumption of regularity in addressing the questionable dealings of the OWWA. Since it lacks auditors and field investigators, CoA’s options are limited unless other probers such as the Senate or the National Bureau of Investigation step in. Considering the emergency when it happened, however, probing the suspected OWWA irregularities, based on the CoA report, should be taken to its logical conclusion. The post OWWA must come clean appeared first on Daily Tribune......»»
OWWA chief: CoA flagging already addressed
Reports about the Commission on Audit flagging the Overseas Workers Welfare Administration over questionable expenses on the repatriation of more than 3,000 overseas Filipino workers during the Covid-19 pandemic are said to be an old issue that had already been replied to. OWWA chief Arnell Ignacio yesterday said the agency only complied with the order of then-President Rodrigo R. Duterte to repatriate and bring back overseas Filipino workers to their families at the height of the pandemic. “That was an old AOM (audit observation memorandum), 26 January pa yan and that was answered already that does not merit anything. The CoA has already released recommendations for us,” Ignacio said in a telephone interview. He added: “We are talking about 2020 to 2022. I don’t know why it is being floated, it’s kind of weird.” CoA, in a 2022 audit report posted on its website early this week, questioned OWWA for repatriating 3,707 overseas Filipinos that are allegedly not eligible under the agency’s emergency repatriation program. State auditors discovered that from April 2020 to May 2022, the OWWA’s Regional Welfare Office 10 (Northern Mindanao) allowed 3,707 OFWs to avail of emergency repatriation more than once, ranging from two to five times in 26 months. The post OWWA chief: CoA flagging already addressed appeared first on Daily Tribune......»»