LIVE: Oral arguments on petitions vs the anti-terrorism law — Day 4
Already on its fourth day, SC justices will continue their interpellation of the seven oralists for the petitioners......»»
Grumbling mounts
There continues to be discontent among certain sectors regarding the proposed policy on military pensions, and now there is another idea floated to scrap the free college education. Just like a low rumbling sound of thunder, affected sectors are grumbling over Finance Secretary Benjamin E. Diokno’s statement that the free access to state university education is “unsustainable” — which is indicative of a potential effort to repeal a landmark legislation enacted during the administration of President Rodrigo R. Duterte, who appointed Diokno as Budget and Management secretary and then Bangko Sentral ng Pilipinas governor. For six years as a member of Duterte’s economic team, we were oblivious to Secretary Diokno’s opposition to Republic Act 10931, or the Universal Access to Quality Tertiary Education Act of 2017. Straight from the horse’s mouth during a forum organized by the University of the Philippines School of Economics on 19 August, he said the law is anti-poor since “there are more poor people who do not attend college.” To say that subsidizing college education really “consumes a lot of funds” is irresponsible, anti-Filipino and anti-development. RA 10931 was embraced by Filipinos during a period when the financial situation of the government appeared stable. The blame for becoming indebted to finance the efforts to control the pandemic falls neither on the people nor on the national government. Fast forward to post-pandemic, there is no convenient excuse for sacrificing human investment through debt for education to support lavish government expenditures in the wake of the national government pronouncements that the gross national product increased to P5.643 billion in the second quarter of 2023 from P5.592 billion in the first quarter of 2023. Truth be told, 2.46 million students were beneficiaries of a free college education during the academic year 2021-2022. It is not only they who are reaping the rewards of one of the “most long-lasting” legacies of former president Duterte’s administration, but their families, communities, and the country. Jade Baguna, a Tertiary Education Subsidy or TES program graduate in Social Work, cannot help but share the positive impact of the policy on his life and his family. Despite facing challenges like long walks to and from school and a meager weekly allowance during high school, the program enabled him to complete his degree, achieve the eighth position in the board examination, and become a Social Work instructor. The Finance Secretary may have lost his train of thought that investing in free college education has long-term economic benefits. A well-educated workforce is crucial to driving innovation, technological advancements, and economic growth. By providing access to higher education, the country can nurture a pool of skilled professionals who will contribute to various industries, drive entrepreneurship and attract investments. At a time when the need to rejuvenate an economy is paramount, scrapping free college education may limit the availability of qualified workers, hinder economic development and reduce global competitiveness. One of the most compelling arguments for a free college education is that it promotes equal opportunity and social mobility. By removing financial barriers, individuals from all socioeconomic backgrounds can pursue higher education based on merit and potential rather than financial means. This ensures that talented and motivated students, regardless of their background, have a fair chance to improve their lives and contribute to society. Sec. Diokno’s sustainability concerns sparked a debate. Commission on Higher Education Chairperson Prospero de Vera said there is nothing better than for a country to invest in its young people and produce highly skilled manpower. “It’s the best anti-poverty strategy. You educate an individual, you make him employable, and you make sure the poverty stops with him or with her,” he said. For Cagayan de Oro 2nd District Representative Rufus Rodriguez, taking out the scholarship program is synonymous with seeing a decay of education in our country. “Education is the great emancipator of people from the bondage of poverty. With education you are able to move forward with your family,” he said. Senator Francis Tolentino has this to say: “Perhaps the lack of money of the national government should not be the reason why they cannot be given the opportunity to study. Education is a basic human right. We need to provide our youth with the necessary basic tertiary education.” Higher education provides a holistic learning experience and fosters personal growth and critical thinking. It promotes civic engagement, social responsibility, and the development of well-rounded citizens. By scrapping free college education, we risk limiting these benefits and creating a society that is less educated, less informed, and less equipped to tackle complex societal challenges. Time and again, it pays to revisit Article 26 of the Universal Declaration of Human Rights. Access to education should not be seen as a privilege but as a fundamental right. In other words, recognizing education as a human right implies that every individual is entitled to receive an education, without any form of discrimination, as it is legally protected. The post Grumbling mounts appeared first on Daily Tribune......»»
Sandigan upholds verdict versus ex-NABCOR official
The Sandiganbayan on Tuesday announced that it has upheld its guilty verdict against former human resource supervisor Encarnita Cristina Munsod of the now-defunct National Agribusiness Corporation from the misuse of P14.55-million pork barrel of then-Nueva Ecija lawmaker Rodolfo Antonino in 2007. The anti-graft court affirmed the Sixth Division’s 11-page resolution denying Munsod’s motion seeking a reversal of the court’s 1 June decision that found her guilty of two counts of graft and two counts of malversation of public funds. She was meted to up to 41 years behind bars and was permanently barred from holding public office. On top of the conviction, the court also ordered Munsod to pay a P14.55-million fine and it must be likewise returned to the government. The cases stemmed from the alleged irregularities in Antonio’s congressional pork barrel or Priority Development Assistance Fund amounting to P14.55 million in 2007. According to prosecutors, Antonio endorsed a non-government organization as the implementor of his P14.55-million PDAF project in which the NABCOR entered into a memorandum of agreement. However, the prosecutors later discovered it was a ghost project. In June, the Sandiganbayan acquitted Antonio of the same charges for the prosecution’s failure to prove his guilt beyond reasonable doubt. In her plea, Munsod explained that she was a newly-hired probationary employee when Antonio’s PDAF-funded project was transacted in NABCOR and claimed she was merely designated to sign the disbursement vouchers. However, the Sandiganbayan stressed that her reason being a newly-hired employee at that time is not an excuse, as she was already expected to perform her duty of ensuring that the expenses were covered by vouchers. In addition, the court deemed Munsod’s signing of the said vouchers were “clearly done with gross inexcusable negligence.” “All told, despite the lengthy and repetitious submissions of accused Munsod, all the arguments therein are merely rehashed versions of what she posited before,” the Sandiganbayan said. The post Sandigan upholds verdict versus ex-NABCOR official 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......»»
QC family courts handling all Dengvaxia cases — SC
The family courts in Quezon City was designated by the Supreme Court to handle exclusively all Dengvaxia-related cases. This affirmed an earlier ruling by the high bench that designated QC courts as the proper venue for dengvaxia cases. The high tribunal in a five-page notice also dismissed “for lack of merit” the motions for reconsideration sought by the principal respondent — former Department of Health secretary and now Iloilo Rep. Janette Garin — and other co-respondents opposing the consolidation of all cases to a family court. The SC’s Second Division Clerk of Court Teresita Aquino-Tuazon pointed to Republic Act 8369 that establishes family courts that have exclusive jurisdiction over child and family cases. “RA 8369 is clear that the Family Court and not the regular court which has jurisdiction over the subject cases,” Aquino-Tuazon said. “That all cases involving the Dengvaxia vaccine wherein the parties were assisted by PAO shall be transferred to the family court in Quezon City,” the SC official added. The court was referring to other PAO-assisted pending cases for reckless imprudence resulting in homicide which will be dismissed by the first level courts for lack of jurisdiction to avoid conflicting rulings/decisions and “for the orderly administration of justice.” The respondents have argued that QC’s family courts had no jurisdiction but the regular courts because there was no living minor that deserves special attention and protection of a family court. The high court said the family court has jurisdiction over cases where the victim is a minor at the time of the commission of the offense and “there is no distinction whether the minor victim is dead or alive.” Aquino-Tuazon made it clear that the purpose of the transfer to the family court is to ensure uniform decisions/rulings and the orderly administration of justice. With regard to the respondents’ arguments that QC’s family court is not the proper venue as most of them had their offices at the National Capital Region, SC’s second division said otherwise. “The SC said the Quezon City is the proper venue since it is the best venue due to its accessibility to the parties as compared to the other venues and that while it is true under RA 10660 (Functional and Structural Organization of the Sandiganbayan), cases falling within the jurisdiction of a Regional Trial Court cannot be tried in the judicial region where the public official holds office, the same is not applicable in the instant case,” it said. Aquino-Tuazon added that assuming the RTC and not the family court has jurisdiction over the cases, Quezon City may still be the proper venue as the subject criminal cases in the petition for transfer of venue is different from the cases in Section 2 of RA 10660 and although some of the accused are public officials, there is no allegation of bribery or corruption against them. The high court with respect to its denial in the consolidation of cases, said that each case should be tried separately because they are not based on the same facts. It said they involve different victims whose medical histories are distinct from that of the other victims. The SC said that the PAO, being the counsel of the parents of the school children whose deaths were linked to the controversial anti-dengue vaccine, can file the instant petition “considering further that there is no cogent reason for the Court to deviate from its earlier resolution granting the transfer of venue as some of the grounds relied upon are mere rehash of the issues and arguments.” PAO chief Atty. Persida Rueda-Acosta said with the latest SC resolution, they can now expect state prosecutors from the Department of Justice to file the criminal cases directly to QC’s family court and not Metropolitan Trial Courts. Garin is facing criminal cases filed by the initial batch of parent-complainants and is also the principal respondent in separate multiple criminal and civil cases, also involving Dengvaxia over 160 more deaths filed against her and other accused including former Health secretary Francisco Duque 3rd. Other respondents aside from Garin and Duque, include Sanofi executives and vaccine distributor Zuellig Pharma, and officials of the Research Institute for Tropical Medicine, Philippine Children’s Medical Center and Food and Drug Administration. The post QC family courts handling all Dengvaxia cases — SC appeared first on Daily Tribune......»»
U.S. tries 3 over alleged forced repatriation of Chinese
Three defendants accused of coercing United States residents into returning to China to face criminal prosecution went on trial in Brooklyn, New York on Wednesday. The trial is the first for people that Washington believes were part of an operation targeting dissidents and opponents of Chinese leader Xi Jinping. The defendants are Michael McMahon, a retired New York police officer working as a private investigator, Yong Zhu of Queens, and Congying Zhen of Brooklyn. The three were charged in 2020 with four counts of acting as unlawful Chinese agents and interstate stalking. If convicted, they face up to 10 years in prison. The US Justice Department says McMahon was hired to investigate and surveil the victims. He allegedly helped carry out an international operation whereby Chinese officials brought the elderly father of one victim from China to the US in an attempt to coerce his return. When McMahon’s part of the scheme failed to sufficiently coerce the victim to go back to China, other conspirators allegedly harassed the victim’s daughter and left threatening notes that referenced harm to family members, prosecutors say. Beijing has defended the operation as part of an anti-corruption campaign and said its law enforcement agencies follow international laws when abroad. The trial, which is estimated to last two to three weeks, started Wednesday with opening arguments. The post U.S. tries 3 over alleged forced repatriation of Chinese appeared first on Daily Tribune......»»
Acquittal flawed, recantation witness’ intimidation unproved (1)
The acquittal of disgraced former justice secretary and ex-senator Leila de Lima by a Muntinlupa City court, the second of three illegal drug cases filed against her, drew congratulatory messages from opposition allies who could not resist pontificating that justice has been rendered by the acquittal. One lady senator was quoted as saying in reference to the acquittal: “Though the course is long, justice is finally prevailing… The false narrative and web of lies that led to her imprisonment is finally being undone. “She added that she’s confident that De Lima will get full vindication and eventual liberty, in reference to the latter’s 3rd drug case. Being an incorrigible oppositionist and not being a lawyer, one can understand the absence of factual basis and depth of her allegation that falsehood was the basis of the incarceration of her former colleague. The accused underwent administrative and judicial processes in the determination of probable cause before she was clamped in jail. Another senator belonging to the minority paid tribute to the court rendering the favorable judgment “for being true to its mandate to dispense justice without fear or favor by strictly following the evidence.” This gentleman lawmaker, who is a lawyer, may not have read the decision in full, because if he did, the court’s gross failure to strictly observe the rules on evidence particularly in the evaluation of the recantation of a previous testimony made under oath and in court, would have not escaped his legal mind. Another former opposition senator who was a former secretary of justice expressed hope that the accused would be granted bail in her third drug case since the principal witness had already recanted, adding that the charges being fabricated, the officials of the previous administration responsible for filing them should be held accountable. Either this lawyer is biased in favor of a fellow party member and former fellow senator or there is a need for him to go back to law school to brush up with his rules on evidence. Another scoundrel of a lawmaker, rejected by the electorate for a return to his former position and who has a reputation for spreading lies against his political opponent expressed elation over the acquittal and tweeted on his Instagram that “redemption and vindication” for the accused is in the offing, putting an end to her incarceration. Another former anti-Duterte administration opposition joined in the chorus saying that the acquittal was a welcome development even if it had taken years for the court to render the verdict. He chimed in: We have from Day 1 called for the dismissal of the charges but, as the saying goes, better late than never. “He obviously has forgotten his procedural law and opted to be a misguided partisan for the detained lawmaker.” A member of Congress from Albay, echoing the same opposition line, stated: “It is long overdue, given there was no case in the first place as the witnesses were just forced to lie in court. “Apparently, he has not read the case as well, making allegations not supported by court records.” Having been trained in law, this writer went over the decision of the court to examine the testimonies as narrated by the latter in its recitation of facts as well as the arguments propounded by it in support of the exoneration. Let us put them under a microscope in a manner of speaking and see if the decision is in accord with the facts and the law. (To be continued) The post Acquittal flawed, recantation witness’ intimidation unproved (1) appeared first on Daily Tribune......»»
Sandigan junks Genuino petition
The Sandiganbayan announced that it has dismissed the January petition of former Philippine Amusement and Gaming Corporation chairperson Efraim Genuino and effectively upheld the former PAGCOR chief’s 39 criminal cases. In a six-page resolution, the anti-graft court contended that Genuino’s arguments are a mere rehash of his prior position as stated in his earlier motions, which the court had previously found to be without merit. The cases involved Pagcor’s P26.7 million purchases of 89,000 tickets to the film Baler in 2008 on behalf of the BIDA Foundation, which the Commission on Audit flagged. “We need not belabor on the other issues raised by accused-movant lest we become repetitive. The court is not inclined to embark on another extended discussion of the same issue,” said the resolution penned by Presiding Justice Amparo Cabotaje-Tang. To recall, the Sandiganbayan previously thumbed down the ex-chairman’s plea of the acquittal of his 19 graft and 20 malversations of public funds charges in January, stating that the arguments he raised could only be decided after the totality of evidence submitted by both the defense and the prosecution was considered. Previous motions filed by Genuino argued for his exoneration from any criminal liabilities. Genuino, however, petitioned that the Supreme Court’s 2021 rulings in the case Genuino vs the Commission on Audit determined that PAGCOR’s income is not considered public funds and that the audit agency lacks jurisdiction over the use of PAGCOR funds on private entities. The court, on the other hand, claimed that the ex-PAGCOR chief had already made the same claims in his earlier challenges submitted before the court. “To be sure, the Supreme Court made no pronouncement as to the guilt or innocence of the accused in relation to the criminal charges filed against them in these case,” the resolution said. On 3 March, the court also found Genuino guilty of graft and corruption in relation to P37 million in funds allocated for swimmers in the 2012 Olympics. He was handed a jail term ranging from six to 10 years and perpetual disqualification from holding public office. The post Sandigan junks Genuino petition appeared first on Daily Tribune......»»
Cyberspace as new warfare domain
In several issues of Power Dynamics, I have written about the need to incorporate Cybersecurity and Cybercrime Prevention Training as one of the alternative mandatory training programs in the new Reserve Officers’ Training Corps. This is in step with the policy of President Ferdinand R. Marcos Jr. towards digital transformation. This is also an appropriate measure to prepare students not only for threats posed by natural calamities and armed conflicts but also for emerging risks and threats in the use of information and communications technology to perpetrate crimes. Interestingly, the United States considers cyberspace the fifth operational domain of warfare. In the Joint Statement of the Philippines-US 2+2 Ministerial Dialogue released on 11 April, the Alliance Modernization mentioned that both the US and the Philippines “look forward to continuing discussions regarding the nature of threats that may arise in different domains — including land, sea, air, space, and cyberspace (emphasis supplied) — and effective responses.” Indeed, cyberspace is a non-conventional domain that the country must prepare for in terms of security threats. Despite the rapid development of technology and digitalization, there is a significant shortage of trained cybersecurity talents in the country, and even worldwide. As I already mentioned in previous issues, the security threats posed by the lack of cybersecurity preparedness are massive. Currently, the country is one of the worst in Asia in terms of having a secure cyber environment. Kaspersky Lab has identified the Philippines as the top target of banking malware in the Asia-Pacific region. Moreover, according to USAID’s Better Access and Connectivity or BEACON, the current cybersecurity environment is bleak and is threatening the US$23 billion-a-year BPO industry. Aside from cyber threats and cyberattacks, there is also an alarming rate of increase in cybercrime statistics. Particularly disturbing is the exponential increase in the cases of online sexual exploitation of children or OSEC. In a recent study by Steven Roche, et al., entitled, “Online sexual exploitation of children in the Philippines: A scoping review,” there is a sharp increase in reports of possible OSEC cases in the Philippines as recorded by The National Center for Missing and Exploited Children or NCMEC, increasing from 1,339,597 in 2020 to 3,188,793 in 2021, the second highest in the world behind India (NCMEC, 2022). Verily, the proposal of the Cybercrime Investigation and Coordinating Center or CICC for the establishment of a National Cybersecurity and Cybercrime Prevention Training Program for tertiary-level students must be treated with urgency. Remarkably, CICC, an attached agency of the Department of Information and Communications Technology tasked with the prevention and suppression of cybercrime activities, has had recent success with the enactment of its National Cybercrime Hub. This facility, in recent weeks, accomplished the following: Its engineers provided the needed support and guidance to the Civil Aviation Authority of the Philippines in resolving the New Year’s aerial system disruption; Provided actionable information on the whereabouts, identity, facial recognition, and more, leading to the arrest of three members of the Khalistan Tiger Force, a terrorist organization, who are on Interpol’s Red Notice watch list; Assisted the PNP Anti-Kidnapping Group in the collection of information and data and digital forensics leading to the identification and arrest of foreign nationals involved in the kidnapping and murder of a Chinese-Filipino businessman; and Establishment of the Inter-Agency Response Center. The IARC now handles SIM registration concerns and presently monitors, records, and tracks cybercrime complaints leading to law enforcement action to prosecution. These recent accomplishments of the CICC, through its National Cybercrime Hub, are indeed strong arguments for our lawmakers to support the agency’s efforts to enhance our country’s cybercrime resiliency and response structure through the enactment of laws such as the National Cybersecurity and Cybercrime Prevention Training Program. This program will equip the next generation of Filipinos with the basic cybersecurity foundation, which could lead to the further pursuit of a fruitful career in cybersecurity. The post Cyberspace as new warfare domain appeared first on Daily Tribune......»»
Cheat sheet: Key issues raised at SC oral arguments on anti-terrorism law
Here is a rundown of some of the key arguments in the anti-terrorism law debates......»»
SC wraps up anti-terrorism debates: No halt order, but with order for petitioner to explain tweets
The Supreme Court on Monday wrapped up the oral arguments on the Anti-Terrorism Act of 2020 without issuing a temporary restraining order on the law facing 37 petitions, but with an order to explain to a petitioner to explain his tweets commenting on the proceedings......»»
ATC’s list bolsters petitions against Anti-Terror Law, lawyers insist
“How can the ATC, three years hence, claim to have ‘verified and validated information’ against these peace consultants when it has already been proven in court that there is none? The ATC regurgitating false assertions has been a most dangerous weapon especially in the heat of oral arguments on the terror law.” The post ATC’s list bolsters petitions against Anti-Terror Law, lawyers insist appeared first on Bulatlat......»»
How will the SC rule on the anti-terror law?
Last Wednesday the Supreme Court wound down the oral arguments, which began in February, on the 37 petitions opposing the Anti-Terrorism Act of 2020 for being unconstitutional......»»
Citing red-tagging, petitioners want Esperon out of anti-terror debates
Citing National Security Adviser Hermogenes Esperon Jr.’s red-tagging done before the open court, petitioners against the anti-terrorism law asked the tribunal to cancel the military officer’s appearance in the oral arguments setting set on Monday......»»
LIVE: Oral arguments on petitions vs the anti-terrorism law — Day 8
Tune in to the LIVE audio streaming of the oral arguments scheduled at 2:30 p.m. on Wednesday, May 12......»»
In anti-terrorism law debates, OSG lawyers asked: What is fear? What is to provoke gov t?
In oral arguments on the petitions against Anti-Terrorism Act of 2020 on Tuesday, government lawyers admitted that the law contained undefined terms in the law's section defining the very crime it seeks to deter......»»
Questions for Esperon pile up as SC justices bring up Parlade s red-tagging in anti-terror debates
Questions for National Security Adviser Hermogenes Esperson are piling up as Supreme Court justices again brought up Lt. Gen. Antonio Parlade’s repeated red-tagging in the ongoing oral arguments on the petitions against the Anti-Terrorism Act of 2020......»»
LIVE: Oral arguments on petitions vs the anti-terrorism law — Day 6
Tune in to the LIVE audio streaming of the oral arguments scheduled at 2:30 p.m. on Tuesday, May 3......»»
Justices zero in on longer detention without warrant under anti-terror law
A provision of the Anti-Terrorism Act of 2020 allowing the detention of suspected terrorists without a warrant came under the scrutiny of Supreme Court justices in the resumption of oral arguments on Tuesday......»»
Rights lawyer slams Calida’s red-tagging, calls it ‘a deadly offense’
Human rights lawyer Neri Colmenares assailed Solicitor General Jose Calida for red tagging him and other progressive legislators during the online oral arguments on the Anti-Terror Law, April 27. The post Rights lawyer slams Calida’s red-tagging, calls it ‘a deadly offense’ appeared first on Bulatlat......»»
LIVE: Oral arguments on petitions vs the anti-terrorism law — Day 5
Tune in to the live audio streaming of the oral arguments scheduled at 2:30 p.m. on Tuesday, April 27......»»