480K doses of Sputnik arriving April 29
The second tranche comprising 480,000 doses of the Russian-made Sputnik V vaccine will arrive in the country on April 29, accoding to Secretary Carlito Galvez Jr. of the National Task Force against COVID-19......»»
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......»»
Panama steps up expulsion of jungle crossers
Panama authorities have vowed to catch and deport more United States-bound migrants crossing the dangerous Darien jungle on its border with Colombia. The country’s national director for migration Samira Gozaine told reporters in Panama City on Friday that the government intends to make use of chartered flights to increase the number of expulsions. Since the beginning of 2023, more than 348,000 migrants, mainly Venezuelans, crossed the Darien jungle — far more than the record of 248,000 crossers for the whole of 2022. Last month, between 2,500 and 3,000 migrants per day entered Panama from Colombia on average, compelling the authorities to set up reception centers with the aid of international agencies. Since April, the Panamanian authorities have expelled nearly 500 people, Gozaine said. Thousands of migrants arriving via Colombia risk their lives every year beating a path through the thick, swampy Darien, a roadless jungle area replete with wild animals, dangerous rivers and criminal gangs. Last year, at least 52 people died in the jungle, according to authorities. WITH AFP The post Panama steps up expulsion of jungle crossers appeared first on Daily Tribune......»»
Appellant’s Brief
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. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites laid down 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 forty-five days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. 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. However, the SC clarified in Sindophil Inc. v. Republic (G.R. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision meant that the dismissal of the 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 the allowance of 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. 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 a number of cases. 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 which it 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; (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. *** 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 Appellant’s Brief appeared first on Daily Tribune......»»
Under the surface
They say that Mayon — that perfectly shaped volcano in the Bicol region — only shows her full glory to those arriving in the city of Albay if (and only if) those people are truly “welcome.” It’s just a fun little myth, of course, which invites visitors to look at the volcano first thing, as soon as they land at the airport where an aerial first view is possible before a full-on feast for the eyes on the ground. I dare say it is still the most glorious-looking volcano in the world, with cracks, dents, and all. It was a sight I took for granted growing up, however. But never again after I saw it shed fiery tears some years ago. By a highway leading to my mother’s hometown, we stood awestruck at its destructive beauty. A lava flow in 2018 brought tourists to the province and we saw the vehicles parked at the same vantage point. It was some other reason that compelled me to visit that year. Should hot lava feel like the tears that fell then, the sear is nothing compared to the pain of loss. Under the surface, cracks form and create wounds that never quite heal. A report on Mayon that year by the Global Volcanism Program described the volcano as being in a “new eruptive episode.” Bicolanos heaved a sigh of relief when the situation did not worsen. For residents, every “episode” means a run of some anxiety, though I personally feel that those who had felt its occasional rumble through the decades are not so easily shaken by the prospect of an earthquake. An eruption is another matter, as Bicolanos have seen gigantic rocks flatten houses in their path. Some of those boulders are still around to remind us all that life is transitory. That we should all blaze a path and not care too much for gathering dust. This and other wisdom are worth gaining from mother nature. This week, the Philippine Institute of Volcanology and Seismology raised to number two the alert level on Mayon Volcano. This means, Phivolcs said, “increasing unrest.” The Phivolcs statement went: “This means that there is current unrest driven by shallow magmatic processes that could eventually lead to phreatic eruptions or even precede hazardous magmatic eruption.” The term “hazardous” is giving me worries I never felt before. Perhaps it is the thought of rocks falling increasingly “from the volcano’s summit lava dome.” Such seismic activity has been noted since the last week of April, reports say. Phivolcs also said, “Mayon’s lava dome increased in volume by approximately 83,000 square meters (m3) since 3 February and a total of nearly 164,000 m3 since 20 August 2022.” Vigilance is an understatement, as I believe experiences from the past should make residents of the province more proactive. Gone should be the extra effort to evacuate forcibly those within the six-kilometer radius permanent danger zone. The animals will warn farmers within the area, but the local government may need to assure people of a safe haven, provisions, and the hope of having future sources of income. That last bit is iffy, to say the least — more like a dream, perhaps. Meanwhile, Taal Volcano remains at alert level 1 although “an increased degassing activity in the volcano, which produced steam-rich plumes that rose 3,000 meters above Taal volcano island,” has been noted. There is heat beneath the surface, aggravated by extreme weather due to climate change. Mother nature can be destructive, yes, but its volatility can often be read or measured ahead. The danger in human actions and reactions is that they are volatile, the destruction measured and felt over time. The post Under the surface appeared first on Daily Tribune......»»
Trump lawyers meet with Justice Dept over documents probe
Donald Trump's lawyers met with Justice Department attorneys on Monday as an investigation into the former president's handling of classified documents appears to be nearing an end, US media reported. John Rowley, James Trusty, and Lindsey Halligan were seen by reporters arriving at the Justice Department building in Washington but did not make any comment. The Washington Post, citing an unidentified "person familiar with the situation," said Trump's lawyers had come to make their case that the former president should not face any charges. A special counsel named by Attorney General Merrick Garland has been looking into a cache of classified documents that Trump had stored at his Mar-a-Lago residence after leaving the White House. The FBI carted away some 11,000 papers after serving a search warrant on Mar-a-Lago in August, and Trump could face obstruction of justice charges after spending months resisting efforts to recover the trove. Several sources with knowledge of the investigation told the CBS News network that they believe that a charging decision in the case of the documents is imminent. Trump, meanwhile, posted on his Truth Social platform on Monday that he was the victim of the "greatest witch hunt of all time!" "How can DoJ possibly charge me, who did nothing wrong, when no other presidents were charged when Joe Biden won't be charged for anything," Trump wrote. Trump, who is seeking the 2024 Republican presidential nomination, was apparently referring to the discovery of some classified documents at Biden's former office and in the garage of his home in Wilmington, Delaware. Garland, the attorney general, named a special counsel in January to examine whether the Biden cache violated any law. The Justice Department and Trump's attorneys did not immediately respond to inquiries from AFP about the meeting. The classified documents case is one of several legal challenges that threaten to derail Trump's 2024 election bid. Trump was charged by New York prosecutors in April with 34 counts of falsifying business records to cover up alleged hush money paid to porn star Stormy Daniels in 2016. Trump is also being investigated over his efforts to overturn his 2020 election loss in the southern state of Georgia and his involvement in the January 2021 storming of the US Capitol by his supporters. The post Trump lawyers meet with Justice Dept over documents probe appeared first on Daily Tribune......»»
US police kill man after responding to wrong address, video shows
Police in the US state of New Mexico released footage Friday showing officers shooting a man dead after responding to the wrong address. The Farmington Police Department released body camera videos and 911 audio of the incident on 5 April, in which three officers knocked on the door of the wrong house. They were responding to a call about domestic violence from 5308 Valley View Ave but footage shows the officers arriving at a house marked "5305". Chief Steve Hebbe ordered the release under state law "and out of a desire to be forthcoming and transparent with the Farmington community, the general public, and the news media," the department said in a statement. The footage shows the officers knocking on the door several times and identifying themselves. The officers then request confirmation of the address from dispatch and discuss whether they are at the wrong house. Moments later, a man opens the door and points a firearm at the officers before they draw and immediately fire their weapons. The victim, Robert Dotson, died at the scene, police said. A woman later identified as Dotson's wife appears at the door about a minute later and more shots are fired. Police said she fired a gun at the officers. The department said the names of the three officers involved, which were redacted from the footage and audio, could not be released due to the ongoing investigation. It remains unclear why the officers, who are on paid leave for the length of the investigation, approached the wrong address, police said. In one of the 911 audio files released, Dotson's daughter can be heard crying before saying that her mother was screaming and her father had been shot. "All of us – the men and women of the Farmington Police Department – recognize the severity of this incident," Hebbe said. "Once again, we wish to express our condolences to the Dotson family and as your chief of police, I wish to convey how very sorry I am that this tragedy occurred." About 40 percent of US households have guns, according to the Pew Research Center. There were an estimated 44,000 gun-related deaths in the United States last year, about half of them murder cases, accidents, and self-defense, and half of them suicides, according to the Gun Violence Archive database. It showed that 14 people have been shot or killed in what the archive terms "officer-involved incidents" in New Mexico this year. More than 5,000 people in the United States have died of firearm-related violence in 2023, according to the archive. The post US police kill man after responding to wrong address, video shows appeared first on Daily Tribune......»»
Full e-travel roll out starting today
The Bureau of Immigration announced Friday that beginning today, 15 April, all travelers to and from the Philippines will now experience a faster and more convenient immigration procedure through the use of the e-Travel System. BI Commissioner Norman Tansingco defined the e-Travel System as a single data collection platform for departing and arriving passengers for purposes of establishing integrated border control, health surveillance, and economic data analysis. Tansingco said that not only does this speed up immigration clearance, but this initiative also ensures interoperability among border management agencies and saves government resources. The BI chief added that the system is an initiative of a sub-technical working group of the IATF, chaired by the BI. It is a joint project of the agency with the Department of Information and Communications Technology, the Department of Tourism, the Bureau of Quarantine, the Bureau of Customs, the Department of Health, the Department of Transportation, the Department of Justice, and the National Privacy Commission. The said platform was initially launched in December 2022 and initially rolled out at the arrival area before being expanded to cover departing travelers. Now all passengers and crewmembers arriving in the Philippines are required to register through etravel.gov.ph no earlier than 72 hours before their intended arrival. Those who will fail to do so may be assisted by airline staff upon their arrival and before assessment by the Bureau of Quarantine. As a replacement for the paper-based departure cards, only outbound Filipino passengers are required to register in the e-Travel system 72 hours but not less than 3 hours before their scheduled departure from the Philippines. Those departing Filipino passengers who will fail to register or update their e-Travel record may do this before undergoing immigration inspection or may fill out departure cards, which are readily available inside the immigration area. Those passengers who have already registered may update their e-Travel status under the “Edit Registration” tab, while crewmembers may update under the “Registered Crew” tab. Tansingco also discussed that the paper-based arrival and departure cards can only be used by passengers who are incapable of e-Travel registration or in the event that the e-Travel site is inaccessible. He clarified that registering and updating in the e-Travel portal is free of charge, and fake sites that charge may be reported to the Cybercrime Investigation and Coordinating Center. The post Full e-travel roll out starting today appeared first on Daily Tribune......»»
Palace: More than 1.4M COVID-19 vaccine doses arriving by early April
The government is also expecting the arrival of AstraZeneca vaccines acquired through the World Health Organization-led COVAX facility on March 29 to April 2......»»
New Covax supply: 117k doses of Pfizer vaccine
Some 117,000 doses of Pfizer-BioNTech vaccine against COVID-19 that are part of the COVAX Facility will be arriving in the Philippines by April, according to National Task Force Against COVID-19 deputy chief implementer Vince Dizon on Wednesday......»»
Mixed adjustments in pump prices expected during first week of April
Oil companies are anticipated to introduce mixed adjustments in pump prices during the first week of April......»»
Ombudsman junks case vs suspended Tabuk City, Kalinga mayor
Tabuk City, Kalinga province Mayor Darwin Estranero will be back to work on April 1 after the case filed against him in connection to the alleged overpricing of medical equipment for his town was dismissed by the Office of the Ombudsman......»»
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.....»»
Unlock business success at Franchise Asia Philippines Expo
The Franchise Asia Philippines Expo 2024 is set to hold a series of dynamic seminars designed to empower entrepreneurs, investors and business enthusiasts with the knowledge and tools needed to thrive in the ever-evolving world of franchising. Slated from April 12 to 14 at the SMX Convention Center Manila, these seminars offer invaluable insights into key aspects of franchising and business growth......»»
Aboitiz Equity Ventures Inc. to hold Annual Stockholders Meeting
Notice is hereby given that the Annual Meeting of Stockholders of ABOITIZ EQUITY VENTURES INC. (the "Company") will be held on April 22, 2024, Monday at 11:00 a.m. (the "2024 ASM”)......»»
Aboitiz Power Corporation to hold Annual Stockholders Meeting
Notice is hereby given that the Annual Meeting of the Stockholders of ABOITIZ POWER CORPORATION (the "Company") will be held on April 22, 2024, Monday at 9:30 a.m. (the "2024 ASM")......»»
‘Our Dream’: K-pop boy band BtoB to hold fan-con in April
The K-pop boy band BtoB, also known as Born to Beat, is poised to come back to Manila on April 7 at the SM Mall of Asia for a fan-con labeled as “2024 BTOB Fan-Con Our Dream.”.....»»
DOH orders 5 million measles vaccine doses
The Department of Health has procured five million doses of measles vaccine as part of its renewed and intensified campaign against increasing cases of measles in the country......»»
Malixi all geared up for Augusta Amateur debut
Rianne Malixi is channeling her excitement into thorough preparation ahead of her highly anticipated debut in the prestigious Augusta National Women’s Amateur unfolding April 3 in Augusta, Georgia......»»
Aboitiz Power Corporation: Notice of Annual Meeting of Stockholders
Notice is hereby given that the Annual Meeting of the Stockholders of ABOITIZ POWER CORPORATION (the "Company") will be held on April 22, 2024, Monday at 9:30 a.m. (the "2024 ASM")......»»
Aboitiz Equity Ventures Inc.: Notice of Annual Meeting of Stockholders
Notice is hereby given that the Annual Meeting of Stockholders of ABOITIZ EQUITY VENTURES INC. (the "Company") will be held on April 22, 2024, Monday at 11:00 a.m. (the "2024 ASM”)......»»