1 million COVID-19 cases seen by end-April
The one-week enhanced community quarantine may have slowed the rate of increase in COVID-19 cases in the National Capital Region, but this will not be enough to stop the total from breaching the one-million mark this month, a research group said yesterday......»»
Ongoing search efforts for suicide victim
Ongoing search efforts are underway for a suicide victim who jumped off the Governor Generoso, Bankerohan Bridge in Davao City. Despite the efforts of the 911 Urban Search and Rescue team, the body has not been recovered due to strong river currents. The police have discovered personal belongings belonging to the victim, but cannot confirm if it is the same person who jumped. The incident has been confirmed as a suicide, with the victim jumping off the bridge without any apparent reason. This incident highlights the rising cases of suicide in Davao City, with 23 recorded from January to April this year. Mental health issues such as anxiety and depression, along with factors like peer pressure, bullying, low economic standing, and a lack of social support, contribute to these cases. For those struggling with suicidal thoughts, support is available through suicide hotlines......»»
England, Wales grapple with growing teen knife violence
Elianne Andam was headed to school like any other teenager in London last month when she was stabbed to death, becoming the latest victim of rising knife crime in England and Wales. The 15-year-old suffered a "brutal attack" in Croydon, south London, shortly after she and her friends had stepped off a public bus on a Wednesday morning, prosecutors have said. A 17-year-old boy arrested nearby just over an hour later will stand trial for her murder next April. One of the latest tragic cases of teen-on-teen violence in the British capital, it has become an increasingly common problem nationwide over recent decades. A few days after Andam's death, 16-year-old Taye Faik died in Edmonton, north London, following another knife attack. He was the 14th teenager to be killed with a blade in the city this year. The UK government, and mayors in some of its biggest cities and regions, have repeatedly vowed to tackle the persistent scourge of youth violence, but appear to be failing. Between 2012 and 2022, the number of knife and offensive weapon offences amongst children aged 10-17 increased by 19 percent across England and Wales, according to the Ministry of Justice. That compared with an eight percent increase among adults. 'Social issue' With the sale of guns strictly controlled in Britain, teenagers intent on violence typically turn to blades, including machetes and so-called "zombie" knives. Inspired by horror films, they often have one smooth blade and one serrated edge, and feature graphics or text on the blade or handle glorifying violence. Possessing them has been illegal since 2016, but some manufacturers have managed to evade this quasi-ban by altering their design. The government unveiled plans in August to outlaw them entirely and give police more powers to seize the weapons, which it said "seem to be designed to look menacing with no practical purpose". The new legislation will also increase the maximum penalty for their "importation, manufacturing, possession and sale" from six months to two years. However, machetes and zombie-style knives can be bought with relative ease for less than £50 ($60) on social media platforms like TikTok or Snapchat, circumventing online age restrictions, according to anti-knife crime campaigners. They urge more focus on the roots of the problem. "Knife crime isn't just a law-and-order issue, it's a social issue," Patrick Green, president of the Ben Kinsella Trust, told AFP. The anti-knife crime charity is named after a London teenager murdered in 2008. "When you start to unpick knife crime, you start to look at social deprivation, poverty, the lack of social mobility, mental health probation for young people," Green said. 'Awful weapons' Youth knife violence is more prevalent in Britain than many other European countries, he noted. "It's difficult to determine why exactly," Green added. London mayor Sadiq Khan's office blamed the austerity policies of successive Tory governments in power since 2010, which it argued have "decimated youth services" in the capital and beyond. As many as 130 centers offering sports and arts activities in the city have closed over that period, its statement noted. The pandemic and the country's worst cost-of-living crisis in a generation, driven by decades-high inflation, are also seen as contributing to the problem. Following the recent knife crime deaths in the capital, the Labour mayor urged the Conservative government in a letter "to speed up the legislation so we can ban these awful weapons as soon as possible". "The proposals also need to be toughened up to close the loopholes that could still allow the sale of these weapons," Khan added. He also wrote this month to London's 500 secondary schools reiterating that wand metal detectors to screen pupils for weapons were available, as well as police officers to deliver knife crime prevention talks. His opposition Labour party -- well ahead in polls for over a year -- has pledged to spend up to £100 million if it wins power in an election expected next year on a "Young Futures" program. It would fund new youth mentors and mental health hubs in every community, youth workers in schools set up for troubled students and hospitals, alongside wide-ranging public sector reforms. The post England, Wales grapple with growing teen knife violence appeared first on Daily Tribune......»»
The only brief that is long
Jurisprudence holds that the right to appeal is neither a natural right nor a part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. (Fenequito v. Vergara Jr., G.R. No. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites in the Rules of Court. With respect to ordinary appealed cases to the Court of Appeals (CA), Section 7, Rule 44 of the Revised Rules of Civil Procedure requires an appellant to file an Appellant’s Brief with the CA within 45 days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. No. 13991, 29 September 2000), the purpose of the Appellant’s Brief is to present to the court in coherent and concise form the point and questions in controversy and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. Failure to file an Appellant’s Brief within the prescribed period is a ground for the dismissal of the appeal. (Section 1(e), Rule 50 of the Revised Rules) However, the SC clarified in Sindophil Inc. v. Republic (G.R. No. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision means the dismissal of an appeal by the CA is directory and not mandatory. This means that the failure to file an appellant’s brief within the reglementary period would not automatically result in the outright dismissal of the appeal, as the CA is bound to exercise its sound discretion whether to allow the appeal to proceed or not. The SC explained that allowing the appeal despite the failure to file an Appellant’s Brief must be decided by the CA, taking into account all the factors surrounding the case. Its discretion must be exercised with due regard to justice and fair play under the circumstances. In several cases, the question of whether or not to sustain the dismissal of an appeal due to the appellant’s failure to file the Appellant’s Brief had been raised before the SC. In some of these cases, the High Court relaxed the Rules and allowed the belated filing of the Appellant’s Brief. In other cases, however, the Court applied the Rules strictly and considered the appeal abandoned, which thus resulted in its eventual dismissal. Finally, in Government of the Kingdom of Belgium v. Court of Appeals (G.R. No. 164150, 14 April 2008), the SC revisited the cases that it had previously decided and laid down the following guidelines in confronting the issue of non-filing of the Appellant’s Brief: 1. The general rule is for the CA to dismiss an appeal when no appellant’s brief is filed within the reglementary period prescribed by the rules; 2. The power conferred upon the CA to dismiss an appeal is discretionary and directory and not ministerial or mandatory; 3. The failure of an appellant to file his brief within the reglementary period does not have the effect of causing the automatic dismissal of the appeal; 4. In case of late filing, the appellate court has the power to still allow the appeal; however, for the proper exercise of the court’s leniency[,] it is imperative that: (a) the circumstances obtaining warrant the court’s liberality; (b) that strong considerations of equity justify an exception to the procedural rule in the interest of substantial justice; (c) no material injury has been suffered by the appellee by the delay; (d) there is no contention that the appellee’s cause was prejudiced; or (e) at least there is no motion to dismiss filed. 5. In case of delay, the lapse must be for a reasonable period; and 6.Inadvertence of counsel cannot be considered as an adequate excuse to call for the appellate court’s indulgence except: (a) where the reckless or gross negligence of counsel deprives the client of due process of law; (b) when application of the rule will result in outright deprivation of the client’s liberty or property or (c) where the interests of justice so require. The post The only brief that is long appeared first on Daily Tribune......»»
Ex-employee questions BI chief’s appointment
The job of Immigration Commissioner Norman Garcera Tansingco may be in limbo following the revelation by a former bureau employee that Tansingco has a pending case before the Office of the Ombudsman. Based on a document obtained by DAILY TRIBUNE, Tansingco is among the respondents in a human smuggling complaint before the Office of the Ombudsman by former Bureau of Immigration Intelligence Division employee Richard de Leon Cabochan Jr. on 21 April 2015. “One of the respondents in the complaint is Atty. Norman Garcera Tansingco. Based on my records, the last pleading I filed in the case was a supplemental affidavit dated 24 June 2015. In addition, I also filed two other cases with your honorable office docketed as OMB CASE NO. IC-OC-14-1351° and OMB CASE NO. IC-0C-14-4768,” Cabochan told DAILY TRIBUNE when sought for comment. Cabochan was prompted to question Tansingco’s appointment through a letter addressed to Ombudsman Samuel Martires dated 19 September 2022, after a clearance was released by Maria Agnes L. Forteza, Graft Investigation Officer I, dated 1 September 2022. An Ombudsman clearance is a requirement for a Presidential appointee. Cabochan, in his letter, said Tansingco is not fit to be installed as BI commissioner because of his pending case before the Ombudsman. “To my displeasure, I came to know that Atty. Tansingco, a respondent in the abovementioned case, was the newly appointed commissioner of the BI. The said event had me surprised because it is my understanding that to be a confirmed appointee of a head of a government agency, one must possess a clean record or background as evidenced by various clearances issued by concerned government offices of the Republic of the Philippines,” Cabochan’s letter to Martirez read. Cabochan said Tansingco was able to fool Malacañang’s steering committee — the Presidential Management Staff — by saying that he was not involved in any criminal or administrative cases. “An investigation of the matter showed that Atty. Tansingco obtained a ‘clearance’ stating that he had no pending criminal or administrative cases with your honorable office. To reiterate, the same was issued last 1 September 2022,” Cabochan said. “I was surprised about this development, considering that it is to my knowledge that the complaint for the alleged human smuggling that I had filed is still being heard by your honorable office and has yet to be resolved, considering that I have yet to receive any document of the results of the proceedings conducted,” Cabochan letter to Martirez read. “Despite such fact, it appears from the abovementioned document that the case I had filed was already resolved without me, the complainant, being duly informed of the same,” he added. Not notified He further asked Martirez why the Ombudsman did not notify him that Tansingco was given a clearance by the Ombudsman, a clear violation of his right to the due process of law. “It is my understanding that this runs counter to the established procedures in the resolution of filed complaints in your honorable office wherein the parties should be duly informed of the results of the proceedings. I further understand that this right to be informed of the results of the proceedings is part of the due process of law as it would allow the parties to seek relief from the decision by filing the appropriate action in case they disagree with the outcome of the proceedings,” the letter said. The post Ex-employee questions BI chief’s appointment appeared first on Daily Tribune......»»
Eastern Visayas alarmed over rising HIV cases
PALO, Leyte — At least two cases of human immunodeficiency virus or HIV infection were recorded in Eastern Visayas in June, the highest number in a single month since the first HIV case hit the country in 1984. However, local health officials said they anticipated the spike in confirmed HIV cases since the region acquired its own testing laboratory last May 2023. Medical technologist Antonietta Diloy, manager of National AIDS and STI Prevention and Control Program at the Department of Health in Region 8 said that 76 cases of new HIV infection were recorded in June, surpassing the previous high of 60 cases recorded in April this year. “We have strengthened our advocacy campaign resulting in more people being tested,” Diloy said, adding that rural health units in different municipalities are now equipped with enough allocation of testing kits which are readily accessible and available for those who want to be tested. Among the provinces and independent cities in Eastern Visayas, Leyte recorded the highest number with 39 new cases spread in 18 municipalities; Ormoc City with 12 cases; Tacloban City with nine; Samar and Southern Leyte with eight new cases each; seven in Eastern Samar with seven and two in Biliran. Diloy disclosed that the 76 new cases in June were 230 percent higher than the cases of the previous month of May that recorded 23 cases. She said reporting of HIV cases normally gets late due to the rigorous validation of data. Data from the Regional Epidemiology and Surveillance Unit of DoH-8 shows that 68 of the 76 new cases were male and eight were female. It also revealed that the majority of the cases were transmitted mainly through sexual contact with 59 percent between males, 23 percent by males having sex with both males and females, and 16 percent through heterosexual contact. Two infants contracted HIV through mother-to-child transmission. DoH-8 regional information officer Jelyn Malibago, meantime, said that with the new equipment to conduct confirmatory testing for HIV, the agency is conducting trainings to expand the pool of individuals who can do pre and post counselling for those who undergo testing. She added that the agency targets to test one percent of the population for HIV as the new testing equipment shortened the turnaround time from two to three weeks when specimens were still sent to San Lazaro Hospital in Manila to only one to three days with the test being conducted at Eastern Visayas Medical Center. The post Eastern Visayas alarmed over rising HIV cases appeared first on Daily Tribune......»»
US federal judge, 96, suspended over ‘mental fitness’
The oldest US federal judge, at age 96, was suspended from her duties Wednesday over questions about her mental competency, in a case evoking the debate over elderly politicians like Joe Biden and Donald Trump. Pauline Newman, an appellate court judge since 1984, was accused by colleagues of working too slowly and of frequently appearing confused, agitated, and belligerent, which raised concerns of "disability," according to the ruling by the Judicial Council of the US Court of Appeals for the Federal Circuit. Interviews with staff "provided overwhelming evidence that Judge Newman may be experiencing significant mental problems including memory loss, lack of comprehension, confusion, and an inability to perform basic tasks," it said. Despite being given a reduced workload, Newman takes four times as long as other judges to issue opinions in cases before the court, it said. The council said that because Newman refused to accept being examined by a council-chosen neurologist and psychiatrist to judge her mental acuity, it was suspending her for one year, which could be extended if she still refused to cooperate. But Newman, who has been deprived of reviewing cases since April, has said the proceedings against her were conducted illegally and suggested they were the product of personal animosity from other judges. She backed her argument with the results of examinations by specialists she herself chose. "Judge Newman demonstrated no substantial emotional, medical, or psychiatric disability that would interfere with continuation of her longstanding duties as a judge," psychiatrist Regina Carney said. The case comes amid questions about the capabilities of an increasing number of elderly politicians -- President Joe Biden, 80, and rival Donald Trump, 77, among them -- to perform their duties. Born in 1927, Newman earned a PhD in chemistry from Yale and then became a patent law expert. In 1984 she was named to the Court of Appeals for the Federal Circuit, a special court dealing with patent laws and government contracts. The ruling against her noted she had been called "the heroine of the patent system." Her attorney, Gregory Dolin of the New Civil Liberties Alliance, said the review of her case was stacked against her. "The bottom line is that Judge Newman did not get due process," he told AFP. He said personal animosities as well as ageism factored into the case. "It's easy to say she's 96, she's past her prime, even if it's not true," Dolin said. "Whatever you might say about some politicians in Washington, Judge Newman is not in that group," he added. The post US federal judge, 96, suspended over ‘mental fitness’ 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......»»
When prior decree is not necessary (2)
It must be emphasized that the enactment of the Family Code rendered the rulings in Odayat, Mendoza, and Aragon inapplicable to marriages celebrated after 3 August 1988. A judicial declaration of absolute nullity of marriage is now expressly required where the nullity of a previous marriage is invoked to contract a second marriage. A second marriage contracted prior to the issuance of this declaration of nullity is thus considered bigamous and void. In Domingo v Court of Appeals, we explained the policy behind the institution of this requirement: Emphasizing the fifth difference, this Court has held in the cases of People v Mendoza, People v Aragon, and Odayat v Amante, that the Civil Code contains no express provision on the necessity of a judicial declaration of nullity of a void marriage. In Mendoza (1954), the appellant contracted three marriages in 1936, 1941 and 1949. The second marriage was contracted in the belief that the first wife was already dead, while the third marriage was contracted after the second wife’s death. The Court ruled that the first marriage was deemed valid until annulled, which made the second marriage null and void for being bigamous. Thus, the third marriage was valid, as the second marriage was void from its performance and, hence, nonexistent without a judicial decree declaring it so. This doctrine was reiterated in Aragon (1957), which involved substantially the same factual antecedents. In Odayat (1977), citing Mendoza and Aragon, the Court likewise ruled that no judicial decree was necessary to establish the invalidity of void marriages under Article 80 of the Civil Code. Marriage, a sacrosanct institution, declared by the Constitution as an ‘inviolable social institution, is the foundation of the family”; as such, it “shall be protected by the State.” In more explicit terms, the Family Code characterizes it as “a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life.” So crucial are marriage and the family to the stability and peace of the nation that their “nature, consequences, and incidents are governed by law and not subject to stipulation.” As a matter of policy, therefore, the nullification of a marriage to contract another cannot be accomplished merely based on the perception of both parties or of one that their union is so defective with respect to the essential requisites of a contract of marriage as to render it void ipso jure and with no legal effect — and nothing more. Were this so, this inviolable social institution would be reduced to mockery and rest on very shaky foundations. And the grounds for nullifying marriage would be as diverse and far-ranging as human ingenuity and fancy could conceive. For such a socially significant institution, an official state pronouncement through the courts, and nothing less, will satisfy the exacting norms of society. Not only would such an open and public declaration by the courts definitively confirm the nullity of the contract of marriage, but the same would be easily verifiable through records accessible to everyone. What, then, is the important reckoning date? 3 August 1988. If the marriage was before then, no judicial declaration is needed. If after, then one is necessary. Now you know. Marriage, a sacrosanct institution declared by the Constitution as an ‘inviolable social institution, is the foundation of the family’; as such, the State shall protect it. Sources: Article 349, Revised Penal Code Article 40, Family Code Renato A. Castillo vs Lea De Leon P. Castillo (G.R. No. 189607, 18 April 2016) The post When prior decree is not necessary (2) appeared first on Daily Tribune......»»
MAP denies backing on dismissed MIAA chief
Management Association of the Philippines president, Atty. Benedicta Du-Baladad denied that her group aired its support to the dismissed Manila International Airport Authority, General Manager Cesar Chiong, and MIAA OIC assistant general manager Irene Montalbo, saying that the backing came from some of its members. Besides MAP, the Makati Business Club last week released a statement of support backing Chiong and Montalbo, questioning the decision of Ombudsman Samuel Martires. “Please note that this is not a MAP statement. Nowhere should the statement be attributed to MAP. This is a statement of individual businessmen and professionals who requested us to distribute it to the media,” Baladad told the Daily Tribune. Trabaho Partylist on Wednesday also hit business groups petition urging Ombudsman Martires to reverse the decision dismissing Chiong, stating that it is a clear interference with the independence and investigatory functions of the Ombudsman. “While the 1987 Constitution created the Ombudsman as ‘an independent constitutional body, unfettered by political influence and insulated it from the ebb and tide of political fortunes,’ here comes now a group of businessmen trying to erode the integrity of the office,” Trabaho Partylist Secretary General Atty. Juan Paolo Lorica said. “The decision dismissing Chiong and MIAA OIC assistant general manager Irene Montalbo is clearly supported by evidence. It is unfair for the business sector to even insinuate that the Ombudsman and the panel of investigators did not investigate and decide the case with utmost objectivity,” he added. Lorica pointed out that Martires’ record as Ombudsman has consistently shown he has maintained his independence and that he does not look into the political color of the respondents of the cases being decided by his office. “It must be recalled that Ombudsman Martires caused the withdrawal of the usurpation case that his predecessor has filed against President Noynoy Aquino. And just recently he dismissed from the service the Over-All Deputy Ombudsman for his involvement in the Pharmally case. The Ombudsman exacted justice for the Filipino people even as other government organs failed to do the same,” he said. The Trabaho Partylist Secretary General further stressed that what the business groups are asking is for the Ombudsman to favor Chiong. “Is Chiong the only citizen who can manage the airport efficiently and effectively? Is he the only citizen who is honest for which this government must lean on?” he asked. Last April 2023, Chiong and Montalbo were put on preventive suspension by the Ombudsman for Grave Abuse of Authority, Grave Misconduct, and Conduct Prejudicial to the Best Interest of the Service for reassigning 285 MIIA personnel despite the two officials’ temporary positions in the attached agency of the Department of Transportation. The post MAP denies backing on dismissed MIAA chief 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......»»
Guatemala declares dengue health emergency
Guatemala on Thursday declared a national health emergency in the face of a dengue outbreak that has killed 22 and infected thousands so far this year. Health Minister Francisco Coma announced the measure that would remain in effect for three months and would entail widespread fumigation to eradicate mosquitos that carry the disease. According to health ministry data, more than 12,200 cases of dengue have been reported so far this year, more than double the number in the corresponding period of 2022. There have been 22 deaths. Civil protection official Walter Monroy said that with the approach of the rainy season, there will be more standing water for mosquitos to breed in. "The importance of this intervention and this interagency coordination is to prevent current cases from increasing," he said of the state of emergency. Guatemala recorded its highest-ever number of yearly cases in 2019, with more than 50,000. Dengue is a disease endemic to tropical areas that causes high fevers, headaches, nausea, vomiting, muscle pain and, in the most serious cases, bleeding that can lead to death. The World Health Organization said in April that dengue and other diseases caused by mosquito-borne viruses are spreading faster and further due to climate change. The post Guatemala declares dengue health emergency appeared first on Daily Tribune......»»
Guidelines on electronic submission of pleadings in lower courts
The Supreme Court, in a Resolution dated 11 April 2023, approved A.M. Nos. 10-3-7-SC and 11-9-4-CV or the Guidelines on Submission of Electronic Copies of Pleadings and Other Court Submissions Being Filed Before the Lower Courts Pursuant to the Efficient Use of Paper Rule. Under the Guidelines, electronic transmittal shall be the primary method for filing all pleadings and court submissions in all cases governed by the Rules of Court, as amended, before all lower courts (i.e., first and second-level courts, Court of Appeals, Court of Tax Appeals and Sandiganbayan) starting 5 April 2024. The Guidelines outline the electronic transmittal process for submitting PDF copies of pleadings, annexes, exhibits, and other related documents. These documents should be transmitted to the official e-mail address of the court where the case is pending. All electronic transmittals must be made using the e-mail addresses of record of the filing party or counsel who are required to use a professional email account as their email addresses of record. Counsels are likewise mandated to regularly monitor their respective e-mail inboxes. In case an electronic transmittal is made with an e-mail address not found on record, the entire transmittal shall not be considered as filed. In instances when the primary manner of filing is through personal filing, by registered mail, or by accredited courier in accordance with Rule 13, Section 3(a), 3(b), or 3(c) of the Rules of Court, the PDF copies must be transmitted within 24 hours from the filing of the paper copy. In such case, the pleading shall be deemed filed on the date and time of filing of the paper copy. The filer is likewise required to execute a verified declaration that the pleading or court submission and its accompanying documents, if any, submitted electronically are complete and true copies of the paper copies filed and served. In case of a violation of the said declaration, the court, on motion or motu proprio, and after notice and hearing, may impose sanctions against the lawyer, law firm, or party responsible for the filing. For cases primarily filed through electronic transmittal, subsequent paper copies are not necessary, and the electronic transmittal time shall be considered as the time of filing. It bears noting that the court’s permission is required for certain types of documents before they may be filed through electronic transmittal (e.g. initiatory pleadings and initiatory responsive pleadings, sealed and confidential documents or records, etc.). To establish the proof of filing, the PDF copy of the pleadings filed personally should reflect the written or stamped acknowledgment by the clerk of court. Meanwhile, the PDF copies of pleadings or court submissions filed by registered mail or accredited courier should show the proof of mailing as required under the Rules of Court as well as the proof of payment, as applicable. As regards pleadings that were electronically filed, the PDF should include an affidavit of electronic filing. The Guidelines further specify rules for file attachment, filename formats, transmittal e-mail structure, and other relevant matters. According to the Supreme Court, the Guidelines aim to address docket congestion and court delay, help reduce the use of paper, and facilitate the time and fair delivery of justice. The issuance of the Guidelines is indeed a step closer to the Supreme Court’s goal of digitally transforming the judiciary system. On the part of law practitioners, this is a welcome development as this will save them valuable time and resources in the filing and service of pleadings. 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 Guidelines on electronic submission of pleadings in lower courts appeared first on Daily Tribune......»»
Trump arrested in Georgia racketeering case
Former US president Donald Trump was arrested at a Georgia jail on Thursday on racketeering and conspiracy charges for trying to overturn the 2020 election results in the southern state. During a brief session lasting less than 30 minutes, the 77-year-old Trump was booked on 13 charges at Atlanta's Fulton County Jail, according to records published by the sheriff's office. Trump's height was listed by the jail as six foot three inches (1.9 meters), his weight as 215 pounds (97 kilograms) and his hair color as "Blond or Strawberry." Other defendants in the racketeering case who have surrendered to the Georgia authorities in recent days have had a mugshot taken. The billionaire has been criminally indicted four times since April, setting the stage for a year of unprecedented drama as he tries to juggle multiple court appearances and another White House campaign. In posts on his Truth Social platform shortly before leaving his New Jersey golf club for the flight to Atlanta, Trump said he was being arrested for "having the audacity to challenge a RIGGED & STOLLEN (sic) ELECTION." "This is yet another SAD DAY IN AMERICA!" he added. Trump was able to dodge having a mugshot taken during his previous arrests this year: in New York on charges of paying hush money to a porn star, in Florida for mishandling top secret government documents, and in Washington on charges of conspiring to upend his 2020 election loss to Democrat Joe Biden. But Fulton County Sheriff Pat Labat said standard procedure in Georgia is to take a defendant's photograph before they are released on bond -- set at $200,000 in Trump's case. The arrest comes one day after Trump spurned a televised debate in Milwaukee, Wisconsin, featuring eight of his rivals for the 2024 Republican presidential nomination -- all of whom lag well behind him in the polls. He still stole the spotlight, though, with all but two of the candidates saying they would support him as the party's nominee even if he were a convicted felon. During a pre-recorded interview with former Fox News talk show host Tucker Carlson -- which aired on social media at the same time as the debate -- Trump dismissed the criminal cases filed against him as "nonsense." Trump said the Justice Department had been "weaponized" under Biden to hamstring his White House bid. Court dates in election race A tight security perimeter was set up for Trump's booking at the Fulton County Jail, which is under investigation for a slew of inmate deaths and deplorable conditions. Fani Willis, the Fulton County district attorney who filed the sweeping racketeering case, had set a deadline of noon (1600 GMT) on Friday for Trump and the other 18 defendants to surrender. Trump and 11 others have turned themselves in so far. Former White House chief of staff Mark Meadows surrendered on Thursday and was released on $100,000 bond. Former New York mayor Rudy Giuliani, who served as Trump's personal lawyer when he was in the White House and vigorously pushed the false claims that Trump had won the 2020 election, was booked and released on Wednesday. John Eastman, a conservative lawyer who is accused of drawing up a scheme to submit a false slate of Trump electors to Congress from Georgia instead of the legitimate Biden ones, has also been booked and released. A few dozen supporters of the former Republican president gathered outside the jail, including Sharon Anderson who spent the night in her car. "I think this is a political persecution and now that's turned into a political prosecution," Anderson told AFP. Trump is the first US president in history to face criminal charges. His various trials, if they take place next year, may coincide with the Republican presidential primary season, which begins in January, and the campaign for the November 2024 White House election. Special counsel Jack Smith has proposed a January 2024 start date for Trump's trial on charges of conspiring to overturn the last election with a lie-fueled campaign that culminated in the January 6, 2021 attack on the US Capitol by his supporters. Trump's attorneys have countered with a suggested start date well after the election -- April 2026. Willis, the Georgia district attorney, initially proposed that the racketeering case begin in March next year, the same month Trump is scheduled to go on trial in New York on charges of paying hush money to porn star Stormy Daniels. On Thursday, after one of the defendants asked for a speedy trial, she proposed that it begin for all 19 in October of this year, a move met with an immediate objection from Trump's lawyers. The Florida case, in which Trump is accused of taking secret government documents as he left the White House and refusing to return them, is scheduled to begin in May. The post Trump arrested in Georgia racketeering case appeared first on Daily Tribune......»»
Settled doctrines on sexual harassment (3)
Sexual harassment engenders three-fold liability: Criminal, to address the wrong committed against society; civil, to address the private wrong against the offended party; and administrative, to protect the public service. Criminal liability for sexual harassment notwithstanding, the offended party may pursue a separate civil action. Aside from the actual perpetrator, the employer or the head of office or institution may also be impleaded in an independent action for damages. They would be solidarily liable for damages if they did not take immediate action on a sexual harassment complaint. Unlike in a criminal action where the penalty is a fine, imprisonment, or both, the penalty in an administrative action is, at most, dismissal from the service. This is because an administrative action seeks to protect the public service by imposing administrative sanctions on the erring public officer. In prosecuting an offender for sexual harassment, the intent is immaterial. The mere commission is sufficient to warrant a conviction. The threshold is whether an act violates and/or threatens the personal space and physical safety of another person, regardless of the motive for committing the act. Guided by the foregoing, let’s take a quick look at actual cases of sexual harassment decided by the Supreme Court. In the case of Escandor v. People (G.R. No. 211962, 6 July 2020), the complainant testified to several acts of sexual harassment, including the respondent’s acts of grabbing her hand, kissing her, engaging in improper conversations, touching her thigh, giving her gifts, telling her that “she was the kind of girl he really wants,” asking her out on dates, and sending her text messages telling her that he missed her, that she looked beautiful, and that he loved her. The complainant stated that these acts made her feel disrespected, humiliated, cheap, uneasy, and frightened. She also could not concentrate on her work, could not sleep, and found herself “staring into empty space.” Without any doubt, the Supreme Court held that the respondent’s acts resulted in an intimidating, hostile, and offensive environment for the complainant, thereby making him guilty of sexual harassment. In another case (A.C. No. 5900, 10 April 2019), a professor was charged for allegedly unwanted sexual advances or innuendos against his students. One of his students recounted that in one of her class recitations, she sought clarification of a question propounded to her, saying, “Sir, come again?” The professor retorted, “What? You want me to come again? I have not come the first time and don’t you know that it took me five minutes to come, and you want me to come again?” In his defense, the professor said the joke was intended for himself and that in fact, the students had laughed at the joke. In ruling against the professor, the Supreme Court stated that the professor’s remarks could not be categorized as an innocent joke meant only to lighten the mood of the class. It was readily apparent that the remark was tasteless, vulgar, and crude and had no place in an academic setting. It was not clever wordplay or a mere statement with a sexual innuendo as its intended meaning was obviously discernible. The professor’s attempt at humor failed miserably as his words clearly referred to himself needing five minutes to ejaculate again. The professor’s statements made the student uncomfortable and embarrassed her in front of her classmates as it went beyond an innocent joke and was instead a gross graphic and insensitive remark. Thus, the Supreme Court ruled that the professor abused the power and authority he possessed over the students. His sexually laced conduct had created a hostile and offensive environment that deeply prejudiced his students. In what was supposed to be a safe place for them to learn and develop, they were instead subjected to unwarranted sexual advances. In another case, however, the Supreme Court clarified that casual gestures of friendship and camaraderie, done during festive or special occasions, and with other people present do not constitute sexual harassment. In Aquino v. Acosta [429 Phil. 498 (2002)], the Supreme Court ruled that the act of greeting a person with a kiss on the cheek, in “beso-beso” fashion, was not shown to have been carried out with lustful and lascivious desire or was motivated by malice or ill motive. The Court explained that pecks on the cheeks should be understood in the context of having been done on the occasion of some festivities, as busses on cheeks were simply friendly and innocent, bereft of malice and lewd design. Ultimately, therefore, it is a matter of respecting each other’s boundaries and creating safe spaces for everyone. 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 Settled doctrines on sexual harassment (3) appeared first on Daily Tribune......»»
Michael Ted Macapagal: Making tracks in public service
If life were a train, then Michael Ted Macapagal’s has been quite a ride. Raised by a labor leader and human rights lawyer father who served the people of Olongapo, including the workers of the US American Base in Subic, Michael Ted Macapagal had always wanted to become a public servant. It took Ted, though, a long journey to reach his goal, first achieving success in the insurance field in the United States where he lived for 20 years starting in 1991. Today, he is the chairman of the Philippine National Railways, a position “that allows me to make a difference in the lives of my countrymen,” he shared during his recent visit to the Daily Tribune office in Makati. Ted, good-looking and affable, proudly spoke of a father, his namesake, Atty. Teddy C. Macapagal who, early on, exposed his son to a firsthand view of a gentleman who looked beyond himself and his personal interests, and instead dedicated his career to protecting the common man and bettering their lot. The elder Ted served as a city councilor for 10 years. In 1984, he ran for the Batasang Pambansa, and in the late 1980s, for city mayor. “In all these electoral processes, I was involved and saw for myself how my father related to the people. He was a sincere man who helped them in the best way he could. He provided free legal services to those in need,” Ted recounted. Ted grew up in Olongapo, his place of birth. It was in the neighboring province of Pampanga, though, at the Don Bosco Institute in Bacolor town, where he first studied, but he eventually returned home to Olongapo, where he finished high school at the St. Columban. Aiming to become a lawyer, he enrolled at the University of the Philippines in Diliman, where he majored in History, which he intended as his pre-law course. Not unexpectedly, he joined the Upsilon Sigma Phi, his father’s fraternity. He also joined rallies where he stood with those who wanted the retention of US bases in the Philippines, in keeping with the sentiments of his townsmen. “It was the one concern where the whole of Olongapo was united,” he recalled, “because the people’s livelihood was connected to the base and the American presence in the community.” As a lawyer who specialized in labor, his father himself handled cases for the base employees. In 1988, his father lost his mayoralty bid in Olongapo. He fought against his fraternity brother, Richard Gordon. Actually, the two had been fighting it out for decades. “Olongapo became too small for them,” shared Ted. “A vivid memory to me to this day was the night I cried after my father lost. I was heartbroken because, for the most part of my life, I saw him give his all to the people. Throughout all those years, I just loved assisting my father. I followed him whenever he visited his constituents. I was a witness to everything that happened to him, his conflict with his political adversary and the loyalty of the people who believed in him and saw in him the man who would change the face of politics in our city.” The elder Macapagal became OIC-Mayor in 1986, but only two months after he received his appointment from the new president because the incumbent mayor did not easily give up his post which he was required to vacate under the new revolutionary government. “The next local election was the most expensive political exercise that our family ever waged,” Ted recounted. “It was then that my father decided that I pursue a new life in the United States, away from politics back home. “All the while, my heart never left the Philippines. Even before I left, I promised myself I would return to continue what my father started.” First non-white president Ted stayed in San Francisco for 20 long years. He had a tough time at the beginning of his new life. “I started off doing odd jobs. I worked as a security guard, janitor and waiter in a pizza parlor. “I also guarded the heavy equipment in a construction site in San Francisco. Thievery was a problem in that kind of situation. We would sleep in a trailer. “I transferred to a construction firm because I found out it offered a bigger salary. But I didn’t know the technical aspects of construction. Once, I made a portable ladder, but it fell apart, for which I was scolded by the owner of the company. I was fired on my third day on the job. Too bad because it paid high.” Ted then decided to pursue another degree, one that would be more useful in the United States. He took up Human Resource Management, a four-year course at the University of California in Berkeley. When he finally entered the corporate world, his first job was as a clerk. It wasn’t long before he became Division President of Stewart Title Company, one of the largest underwriters in the world, with offices across the United States, and in some 80 countries around the globe. He was based in the San Francisco Bay Area. “I may have been the first non-white president,” he said. “And I was a division president for the whole of North America. I was the first Filipino to reach that level.” Of his trailblazing accomplishments, he shared, “I was able to bring cultural diversity to the company, which enhanced its value. I got the top post because I asked for a meeting with the president. I told him we were not diverse enough to appeal to the non-white clients, and there were many of them who were first-time home buyers. Then, I told him to make the rounds. He would see that none of the home buyers was white. They were of different ethnic groups. I told him that if he appointed me as vice president, I would give him multi-cultural buyers because I would appeal to them and they would be our first-time buyers. So, he appointed me, and one month later, he made me president.” As an adjunct, he lectured on the topic of title insurance and escrow procedures in several community colleges in and around the San Franciso Bay Area. Through it all, he chose to keep his Filipino citizenship. The ‘Railway President’ For all the successes he was enjoying, the Philippines beckoned. He felt he still had a mission to accomplish. “My father was surprised. He asked me why I would still want to go home when I was doing well in the States. I insisted, so I came back and I plunged into political life. I worked on difficult campaigns, like the one for Rodrigo Duterte.” Back to his first love and passion, the political arena, he was in his element and served as president of PDP LABAN in Olongapo City from 2016 to 2021. In 2022, he joined LAKAS-CMD as its local chairman. This engagement led to his original target, as his father had achieved in his lifetime — serving the people. This time, he would be appointed to key posts in the government. He became director of the Clark Board and Gulf Oil Philippines. He took his oath of office as chairman of the Philippine National Railways on 28 April 2023. It is a job in a government agency where he is confident “I could make a difference because I can see that President Bongbong Marcos is really intent on improving the railway system of the country. “On my part, I want to make a difference. I want to be able to contribute whatever I can to help the president to achieve that objective. I call him now the ‘Railway President’ because I consider him the father of the railway system in our country.” Of course, he noted that many plans have been formulated during the time of President Rodrigo Duterte. Moreover, he recognized that President Gloria Arroyo “navigated our country through the global crisis. I was in the United States when the global economic crisis happened, and the Philippines was one of the countries spared, and I give credit to her. The economic fundamentals were very strong during her time. Being an economist, she was there at the right time when the country needed her the most.” With President BBM at the helm, he is confident “we will be able to push through with our development plan and finish the projects we have started, like the North-South Commuter Railway, which is a 147-kilometer stretch from Clark to Laguna. We hope to have the dry run in 2026 and it will be fully operational in 2027.” He also looks forward to the completion of the Bicol South Long Haul project. He is equally hopeful for the North Long Haul, the Subic-Clark and the Mindanao railways. He clarified that “we are now talking with the proponents, while some negotiations are being undertaken.” Working boots and a hard hat It would seem that this successful insurance executive was out of place in the railway sector. He pointed out, though, that “coming from the outside, I have the technical advantage of being able to look outside the box. So, I’m looking at it from outside the box, looking in. I am able to see the problems that need to be fixed. Stoppage is one of the problems so we have a bus augmentation program. We will also deploy UV Express units. We are closely coordinating with the LTFRB to provide emergency alternative transportation.” On the other hand, his exposure to people of all backgrounds from his youth, being his father’s son, has given him the advantage of “knowing how it is to be one of the boys. Something that I also experienced in the United States. “When people ask me what my management style is, I tell them straight I like to go down to the ground. I like hands-on supervision. I want my hands to be dirty. If you open the trunk of my car, you will find my working boots and my hard hat. I enjoy going to the construction sites and seeing for myself the progress, the problems, whatever it is that needs to be attended to. “Finally I want those working in the field doing the most difficult tasks to be satisfied and never to be hungry. Gusto ko, busog sila lagi. I am not happy when I get invited by the constructors and I am honored with a feast-like lunch or dinner, and not knowing what the workers are eating. I am on a diet anyway, so I make sure that my hosts bring the food to where the workers are eating. I can only eat so much and I would rather that the workers and the staff are full and happy. I am vocal about my displeasure when the construction workers are not eating the same food that is served to me. I may not be able to invite them to where I am eating but I can have the food brought to them.” Smiling from heaven Without a doubt, the old man Atty. Teddy C. Macapagal is smiling happily from his heavenly perch. He had served his fellowmen well, but he had done right as well by raising a son who took after his heart, to whom service to the people and compassion for the less fortunate matter more than any personal gain. His father, according to Ted, “died a broken man at the young age of 63. But whatever he lacked in longevity and riches, he made up for it with his compassion for others, for the free legal services that he gave to the people of Olongapo. “If you didn’t have money, you went to him because he was generous with his time and expertise. He would even give you some cash to use for your transportation fare to go home. That was my father. “The people whom he helped in turn would come to our home and bring him gifts like eggs, fruits, fish, vegetables and native chickens that they raised in their backyards. My father accepted them all. When I came home and saw all this, I teased him and said that he should probably open a sari-sari store so he could resell them. “Of course, we had a good laugh. But beyond the laughter, we both knew in our hearts that doing good to one’s fellowmen is its own reward and nothing in this world can take the place of personal fulfillment for having put a smile on people’s faces because you somehow made their lives better. “I am grateful that I have been raised by such a great father.” The post Michael Ted Macapagal: Making tracks in public service appeared first on Daily Tribune......»»
Oriental family feud
Oriental Tin Can and Metal Sheet Mfg. (also known as Chua Tee and Tin Company), the country’s biggest tin can player, has been saddled with infighting among members of the family which owns the company. Court suits were filed over the encashment of four checks totaling P156 million from the company coffers with questions raised on the way the checks were issued. Company director Betty Ong had brought suits against the top officials of the company for the release of the amount of P156 million which was drawn against the company’s bank deposits in BDO Unibank General Luis branch and Metropolitan Bank Grace Park branch. The checks amounted to P75 million, P24 million, and two checks for P30 million each. Aside from the cases involving the preparation of checks, one suit involves the falsification of public documents. Docketed as XV-03-INV-23A-0039 at the Regional Trial Court, National Capital Judicial Region Branch 76, two officials of the company were accused of the crime of falsification of public documents. City Prosecutor Vimar Barcellano approved the filing of the cases for falsification of public documents for “conniving and confederating together and mutually helping with each other to the falsification of documents whereby the young daughter of the accused was made to appear already of legal age although she was actually a minor when a document that assigned her one share of stock of Oriental Tin was made by her mother. It was made to appear that she is already of legal age and has the capacity to execute and deliver the deed of assignment that will transfer, convey and sell one capital stock of Chua Tee and Company Inc. doing business under the name of Oriental Tin Can and Metal Sheet Manufacturing, thereby making untruthful statements in a narration of facts when in truth and in fact, both accused very well knew that the daughter is still a minor having been born on 1 April 2003, and has no capacity to execute and deliver the said Deed of Assignment, Barcellano said in approving the filing of the case. Profit perk Asian food giant Jollibee Foods Corp., or JFC, is venturing into the lucrative café business. JFC and Food Collective Pte. Ltd. announced the establishment of a joint venture company that will own and operate Tiong Bahru Bakery and Common Man Coffee Roasters in the Philippines. FCPL is a majority-owned subsidiary of Titan Lifestyle Holdings Pte. Ltd., a wholly-owned unit of Titan Dining LP in which JFC has a 90 percent participating interest. The company is incorporated in Singapore and its primary activity is owning and operating lifestyle brands, including Tiong Bahru Bakery and Common Man Coffee Roasters. The joint venture company will be the franchisee for Tiong Bahru Bakery and Common Man Coffee Roasters in the Philippines. JFC said the new business line will position the company for further growth in the highly-competitive Philippine market. The post Oriental family feud appeared first on Daily Tribune......»»
Former Pakistan PM Khan arrested after court convicts him of graft
Former Pakistan prime minister Imran Khan was arrested at his home in Lahore on Saturday after a court in the capital found him guilty of graft and sentenced him to three years in jail. The former international cricket star has long warned he would be arrested to prevent him from participating in elections that are due to be held before the end of the year. "His dishonesty has been established beyond doubt," Judge Humayun Dilawar wrote in a ruling seen by AFP for a case centered on gifts he received and did not properly declare while he was premier. "He has been found guilty of corrupt practices by hiding the benefits he accrued from the national exchequer willfully and intentionally." In May, Khan was arrested and briefly detained in Islamabad for the same case, sparking deadly unrest during which supporters of his Pakistan Tehreek-e-Insaf (PTI) party poured onto the streets and clashed with police. In the aftermath of his release following three days in custody, PTI has been targeted by a crackdown with thousands of arrests, reports of intimidation, and muzzling of the press. After he was taken away by police Saturday, a video made before his arrest was posted to his X account. "My arrest was expected & I recorded this message before my arrest... I want my party workers to remain peaceful, steadfast, and strong," he said in the caption accompanying the video. Khan not in court Khan has faced a slew of court cases on charges he says are politically motivated since being ousted in a vote of no confidence last year, and was not present when he was sentenced Saturday. The judge also fined him 100,000 rupees (around $350). Soon after the ruling, police entered his home in Lahore and arrested him. "I have just received the information that Imran Khan has been arrested," Attaullah Tarar, Special Assistant to Prime Minister Shehbaz Sharif, told reporters. Party officials said Khan had been taken to the capital, while his legal team said they would be filing an immediate appeal. "It's important to mention there was no chance given to present witnesses, neither was the time allotted to round up arguments," a member of the team said. Parliament is likely to be dissolved after it completes its term in the next two weeks, with national elections to be held by mid-November or earlier. "Everyone will ask questions about the credibility of elections in the absence of PTI and Imran Khan and questions will be raised about the credibility of elections in the outside world as well," political analyst Hasan Askari told AFP. Khan rose to power in 2018 on a wave of popular support, an anti-corruption manifesto, and the backing of the powerful military establishment. When he was ousted in April last year, analysts said it was because he lost the backing of the top generals. In multiple speeches and interviews Khan has highlighted the power the top brass wield behind the scenes -- a subject historically considered a red line in Pakistan. The case that has led to his arrest centers on gifts Khan and his wife received while in office. Pakistan newspapers have for months carried lurid stories alleging Khan and his wife received lavish presents worth millions during trips abroad -- including luxury watches, jewelry, designer handbags, and perfumes. Government officials must declare all gifts but are allowed to keep those below a certain value or buy them at an officially agreed price. The post Former Pakistan PM Khan arrested after court convicts him of graft appeared first on Daily Tribune......»»
US firms to dip fingers into MIF
An in-depth study by the Asian Central Journal or ACJ dated 20 July 2023 reveals that the Department of Finance forged a $1-million contract with a US PR firm, Weber Shandwick Philippines or WSP, that was signed in early January 2023, according to WSP sources. The ACJ study asks why the Maharlika Investment Fund or MIF bill was signed at the precise time Senate President Juan Miguel Zubiri was in the US. “On 21 June, Senate President Zubiri reportedly signed an ‘enrolled’ copy of the MIF. Jose Manuel Romualdez, the Philippine ambassador to the US, was present for the signing. Ambassador Romualdez has long held the positions of chairman and CEO at WSP.” The ACJ study reports that, “The US was designated as the top campaign market in the PR strategy to draw US investment” and that “the MIF might be used by the US as a means of financial pressure on the (Philippines).” In other words, US funds for the MIF may be used as bait for the US to get major MIF projects in the future. The study says the WSP PR strategy aims (1) “to decrease misconceptions about the MIF, particularly those pertaining to abuse and corruption” (downplaying corruption helps fuel it); (2) “to raise awareness of it as an instrument for economic development” (sanctifying corruption as ‘economic development’); and (3) “MIF management and investment may be subject to US intervention. DBM Secretary Amenah F. Pangandaman stated on 19 April that several US corporate organizations and investors are eager to assist us in structuring the MIF.” This dangerous move towards achieving US corporate funds for the MIF will easily increase corruption tenfold, with the participation of US corporations. This was the strategy of US oil firms in Nigeria in partnership with a corrupt government to siphon the oil for the West. The US corporations turned a blind eye to the corruption. The strategy triggered the growth of terrorists in the Muslim-dominated deep north which did benefit from the “development” received by the Christian-dominated south. The ACJ report, citing the MIF, warns, “There looms a grave concern: the specter of corruption.” It cites two cases. “Norway’s sovereign wealth fund lost $174 billion (about P8.7 trillion) in the first half of 2022, while (the Singapore-based) Temasek Holdings, which is primarily regarded as a sovereign wealth fund, has seen a net loss of S$7.3 billion throughout the nearly 50 years since its founding.” If less corrupt-prone affluent nations like Norway and Singapore are unable to contain corruption in sovereign wealth funds, what more a Third World nation like the Philippines, which is noted for rampant unstoppable corruption? In its 2020-2022 survey, the Philippines ranked no. 116 out of 180 nations (the higher the ranking, the more corrupt) in the Corruption Perceptions Index published by Transparency International. Norway ranked No. 4 and Singapore No. 5 as least corrupt. (Source: Wikipedia). The MIF Act provides that a Maharlika Investment Corporation or MIC will be established to manage the MIF fund. The ACJ study is concerned that the MIC board of directors will consist of presidential appointees “based on favor rather than talent… in a nation where nepotism is rife.” (Ambassador Romualdez is the second cousin of Marcos Jr. It’s all in the family.) This will induce a “lack of transparency in regulation and a high risk of financial embezzlement.” The ACJ study argues that “the MIF could be a weapon for politicians to steal from the public coffers,” citing the case of Angola. In 2018, Jose Filomeno dos Santos, ex-sovereign fund chairman and son of ex-President Jose Eduardo dos Santos, was charged with the theft of $1.5 billion. In 2015, the Wall Street Journal reported that Malaysia’s Prime Minister Najib Razak transferred about $700 million from the 1Malaysia Development Berhad fund to his personal account. The ACJ study reports that Goldman Sachs Group Inc. raised $6.5 billion in five years. In an investigation after the 1MDB scandal broke out, Goldman Sachs admitted stealing $1 billion from 1MDB “to bribe officials in Malaysia and other nations, including (payments) for the extravagant lifestyles of Malaysian officials and purchasing luxury yachts and hotels for them.” Goldman Sachs pocketed $4.6 billion in bribes and kickbacks. Ex-Goldman Sachs banker Roger Ng was sentenced to 10 years in prison for his role in the massive 1MDB heist. It will be easy for creative Filipino politicians to improve on this type of ‘Financial Terrorism’ with the help of equally corrupt Western corporations. They must be drooling in excitement. This evil partnership of government and multinationals is the biggest hindrance to the true development of Third World countries. Even as the MIF heist is yet to happen, the solons are cooking up a more sinister storm, the Overseas Filipino Workers Sovereign Wealth Fund, tapping the biggest dollar earner of the country. This is “stealing” the hard-earned money of our workers. The OFWs may rise in protest. *** eastwindreplyctr@gmail.com The post US firms to dip fingers into MIF appeared first on Daily Tribune......»»
Appeal of Civil Service Commission (1)
Does the Civil Service Commission or CSC have a legal standing to appeal to the Supreme Court a reversal or modification of its decision by the appellate court? The Supreme Court was once again confronted with this issue in the recent case of CSC vs. Fuentes (Fuentes) [G.R. 237322, 10 January 2023]. In laying down the guidelines as to when the CSC can appeal a reversal of its decisions, the Court found it necessary to revisit the mandate of the CSC and its powers and functions, and did a survey of jurisprudence which involved the same issue. The CSC’s role as the government’s central personnel agency is at the core of its mandate. From this overarching role stems all the others — the task to establish a career service; adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service; strengthen the merit and rewards system; integrate all human resources development programs; institutionalize a management climate conducive to public accountability; and report to the President and the Congress. Section 12, Chapter 3, Subtitle A, Title I, Book V of Executive Order No 292, otherwise known as the Administrative Code of 1987, enumerates the CSC’s powers and functions, which include, among others, the following: SECTION 12. Powers and Functions. The Commission shall have the following powers and functions: (6) Appoint and discipline its officials and employees in accordance with law and exercise control and supervision over the activities of the Commission; *** (11) Hear and decide administrative cases instituted by or brought before it directly or on appeal, including contested appointments, and review decisions and actions of its offices and of the agencies attached to it. *** In the Fuentes case, the Court concluded that the CSC cannot thoroughly perform its constitutional mandate of being a central personnel agency without its power to discipline its officials and employees, and held that “the Commission’s role of being a central personnel agency would be unduly crippled without its disciplinary power.” The case of CSC vs Dacoycoy, G.R. No. 135805, 29 April 1999 (Dacoycoy): Dacoycoy categorically abandoned the Supreme Court’s earlier decision ruling that the civil service law “does not contemplate a review of decisions exonerating officers or employees from administrative charges,” firmly expanded the scope of an “aggrieved party” and declared that, as a party adversely affected by the ruling of the Court of Appeals exonerating the public official or employee, the CSC may appeal the Court of Appeals’ decision to the Supreme Court. The Supreme Court elucidated that under such circumstances, the CSC becomes an aggrieved party — a party adversely affected by the ruling of the Court of Appeals, which will “seriously prejudice the civil service system.” The case of CSC vs Mathay Jr., G.R. 124374, 15 December 1999 (Mathay, Jr.): Seven months after the Court’s promulgation of Dacoycoy, it decided on Mathay Jr. In declaring that the CSC had no legal standing to bring an appeal before the Supreme Court, the latter drew a line between Mathay Jr. and Dacoycoy by ruling that, while Dacoycoy involved nepotism — an administrative case “whose deleterious effect on government cannot be overemphasized,” Mathay Jr. merely involved reinstatement, an issue that can hardly “impair the effectiveness of government.” For this reason, the Supreme Court held that its ruling in Dacoycoy did not apply to Mathay Jr. The reasoning of the Court behind Mathay Jr. stemmed from the fact that the CSC’s power to hear and decide administrative cases instituted by or brought before it directly or on appeal is judicial instead of adversarial. Hence, CSC is more of a judge than a litigant. The Court went on to explain that as a quasi-judicial body with the role of an adjudicator, the CSC should be impartial and detached; and concluded that the CSC would risk becoming an advocate if it would be allowed to appeal to the Supreme Court. (To be continued) The post Appeal of Civil Service Commission (1) appeared first on Daily Tribune......»»
SC junks celebrity doctor’s appeal
The Supreme Court on Tuesday disclosed that it has dismissed the appeal of celebrity doctor Joel Mendez to set aside the decision of the Court of Appeals affirming the seven-year jail term slapped against him by the Regional Trial Court of Quezon City for violating the provisions of Republic Act 8282 or the Social Security Act of 1997. In a six-page resolution dated 31 July 2023, the High Court’s First Division did not give merit to Mendez’s claim that the CA’s Former Special Eight Division — through Associate Justices Edwin Sorongon, Sesinando E. Villon and Marie Christine Azcarraga-Jacob — committed grave abuse of discretion when they outright dismissed his petition. This stemmed from the petition of Mendez before the SC invoking anew “extrinsic fraud” on the part of his lawyer in seeking reconsideration of the CA’s ruling. The doctor claimed that the failure of his former counsel to attend scheduled hearings for his presentation of evidence and his counsel’s failure to inform him of the hearings and that his presence was required during the proceedings were tantamount to “extrinsic fraud.” Extrinsic fraud refers to “fraudulent act of the prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court; by giving him a false promise of a compromise; or where the defendant never had the knowledge of the suit, being kept in ignorance by the acts of plaintiff; or where an attorney fraudulently or without authority connives at his defeat.” The SC, though, held that Mendez’s contention that the failure to present his side due to his former counsel’s negligence constitutes extrinsic fraud, “is untenable.” “As a ground for the annulment of a judgment, extrinsic fraud must emanate from an act of the adverse party, and the fraud must be of such nature as to have deprived petitioner of their day in court,” said the SC. “The fraud is not extrinsic if the act was committed by petitioner’s own counsel. In this light, we have ruled in several cases that a lawyer’s mistake or gross negligence does not amount to the extrinsic fraud that would grant a petition for annulment of judgment,” it added. Also, the SC stressed that Mendez failed to comply with the 60-day period under Rule 65 of the Rules of Court within which to file the present petition questioning the CA decision, adding that Atty. Marc Anthony B. Antonio, one of Mendez’s former counsels, received a copy of the CA resolution dated 16 April 2019 on 2 May 2019. Mendez alleged that Antonio informed him about the resolution only on 19 June 2019. The court added that Mendez — instead of filing the present petition for certiorari within 60 days from 2 May 2019 — secured the services of a new lawyer and filed the petition only on 8 August 2019, or 98 days after Antonio received the CA Resolution dated 16 April 2019. “As keenly observed by the OSG (Office of the Solicitor General, Mendez blames yet again one of his former lawyers who allegedly belatedly informed him of the receipt of the CA Resolution dated 16 April 2019,” the SC said. “This is a self-serving allegation not supported by any evidence and, thus, deserves scant consideration. A party alleging a critical fact must support their allegation with substantial evidence, for any decision based on unsubstantiated allegation cannot stand without offending due process,” it added. To recall, the CA — in its August 2018 decision — denied the petition filed by Mendez seeking to annul the 18 July 2016 decision of QC RTC Branch 88 Presiding Judge Rossana Fe Romero which found her guilty of violating Republic Act 8282. It did not give weight to Mendez’s contentions, stressing that the SC has previously ruled that a lawyer’s neglect in keeping track of the case and his failure to apprise his client of the development of the case do not constitute extrinsic fraud. Mendez, who owns a chain of dermatology clinics in the country, was sentenced to a jail term ranging from six years and one day as minimum to seven years as maximum by the QC RTC. He was also ordered to pay SSS a total of P1,865,657.50 representing unpaid contributions from October 2011 to January 2013 with an interest of three percent per month from July 2015 until full payment. The post SC junks celebrity doctor’s appeal appeared first on Daily Tribune......»»