OCTA concerned over rise in cases
OCTA concerned over rise in cases.....»»
Representation
The performance grading report for this administration will be out soon as the President delivers his second State of the Nation Address, or SoNA, this coming July 24th. It will be interesting to see how our government fared in the eyes of the public, and while the attention will be on the Executive Branch and the Cabinet of President Bongbong Marcos Jr., we will also get the chance to assess the performance of the VP, the Senate, the House of Representatives, and the Judiciary as well. And every time this comes up, we always raise the question of whether we are truly represented and heard by our government. Of course, in the Executive, there is no doubt about this, as there is a Cabinet portfolio for every sector of our society, and it’s not really a question of existence but of performance and delivery. As for the Senate, we are supposed to have 24 senators, and it would have been ideal if they were voted on a regional basis, meaning one for each of the 17 regions, plus perhaps an additional one for each of the autonomous regions and NCR. But the current setup is far from ideal, and we vote for the senators at large, so we are not really represented as far as the prevailing national interests are concerned. Personally, I find it redundant, and we should really bat for better representation in the Senate. For the House of Representatives, it is res ipsa loquitur. Three hundred and sixteen (316) congressmen currently are supposed to be occupying seats in the Batasang Pambansa, with an amalgam of administrative, autonomous, sectoral, and marginal representation. In our ideal notion, it is in the HOR where we ordinary citizens can really seek answers to questions —generally on our welfare and development, and particularly on our need for basic services. In the British Parliament, the equivalent of the HOR is called the House of Commons, so you can already deduce why is it called that. Still, we ask — are we and our interests as citizens of this nation being represented by our congressmen? Are we being heard? And is there equality in representation? Take the case of the Zamboanga del Norte’s 1st congressional district, which comprises seven municipalities plus the city of Dapitan. Currently, it has no representative sitting in the House, even if there is an elected one (Romeo Jalosjos Jr). Why is the House leadership not acting on this case to seriously resolve the issue? Right now, no one is attending to the needs of the district’s constituents, and the LGUs have been calling out Speaker Martin Romualdez to address this concern, lest there be suspicions of political flexing and power play. With the upcoming SoNA comes the resumption of Congress sessions, and it will be a great disservice to the people of the Zamboanga del Norte 1st district if they do not have a voice in the only chamber of government where they can truly be heard. It is unfair to them, especially at a time when most of the regions in our country have been moving forward. It is an injustice that they are being left behind and abandoned like children without a parent or guardian. Figuratively, this is an anomaly that should be corrected as soon as possible. As it is with all the other cases in Congress of a similar nature. Because we all deserve the representation that we are entitled to. It is not a privilege, but a right. Mark my word. The post Representation appeared first on Daily Tribune......»»
Wage deductions
Dear Atty. Angela, I have been working as a sales clerk for a boutique in a mall. Due to a mistake I made, it resulted to a problem on the point-of-sale system of the company. I was dismissed without any due process and the management deducted P18,000 on my salary in the last pay. They told me there was a negative variance which allows the deduction. I’ve accepted my dismissal but is the deduction legal? Melanie ***Z** Dear Melanie, Negligence or mistake at work, without proof of direct responsibility for loss or damage, does not justify deduction on salary. In the case of Bluer Than Blue Joint Ventures vs Esteban, G.R. 192582 (2014), the Supreme Court disallowed the deduction from the wages of the employees to compensate the employer for negative variance. Meaning the losses incurred by the employer, absent any showing that the conditions under the Implementing Rules of the Labor Code were complied, is illegal. “In this case, the petitioner failed to sufficiently establish that Esteban was responsible for the negative variance it had in its sales for the year 2005 to 2006 and that Esteban was given the opportunity to show cause the deduction from her last salary should not be made. The Court cannot accept the petitioner’s statement that it is the practice in the retail industry to deduct variances from an employee’s salary, without more.” Pursuant to Article 113 (c), the Labor Code and its Implementing Rules and Regulations allow the employer to deduct charges from its employees’ wages in the following cases: (a) Deductions for loss or damage under Article 114 of the Labor Code, provided the following concur: (1) That the employee concerned is clearly shown to be responsible for the loss or damage; (2) That the employee is given reasonable opportunity to show cause why deduction should not be made; (3) That the amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; and (4) That the deduction from the wages of the employee does not exceed 20 percent of the employee’s wages in a week. Thus, in order to justify the deductions from losses incurred by the employer from the employee’s acts, the said conditions should be met. In this case, if the company fails to establish that you were responsible for the negative variance and not given the opportunity to show cause why deduction should not be made, any deduction on your last salary will be considered illegal. Atty. Angela Antonio The post Wage deductions appeared first on Daily Tribune......»»
Wage deductions
Dear Atty. Angela, I have been working as a sales clerk for a boutique in a mall. Due to a mistake I made, it resulted to a problem on the point-of-sale system of the company. I was dismissed without any due process and the management deducted P18,000 on my salary in the last pay. They told me there was a negative variance which allows the deduction. I’ve accepted my dismissal but is the deduction legal? Melanie ***** Dear Melanie, Negligence or mistake at work, without proof of direct responsibility for loss or damage, does not justify deduction on salary. In the case of Bluer Than Blue Joint Ventures vs Esteban, G.R. 192582 (2014), the Supreme Court disallowed the deduction from the wages of the employees to compensate the employer for negative variance. Meaning the losses incurred by the employer, absent any showing that the conditions under the Implementing Rules of the Labor Code were complied, is illegal. “In this case, the petitioner failed to sufficiently establish that Esteban was responsible for the negative variance it had in its sales for the year 2005 to 2006 and that Esteban was given the opportunity to show cause the deduction from her last salary should not be made. The Court cannot accept the petitioner’s statement that it is the practice in the retail industry to deduct variances from an employee’s salary, without more.” Pursuant to Article 113 (c), the Labor Code and its Implementing Rules and Regulations allow the employer to deduct charges from its employees’ wages in the following cases: (a) Deductions for loss or damage under Article 114 of the Labor Code, provided the following concur: (1) That the employee concerned is clearly shown to be responsible for the loss or damage; (2) That the employee is given reasonable opportunity to show cause why deduction should not be made; (3) That the amount of such deduction is fair and reasonable and shall not exceed the actual loss or damage; and (4) That the deduction from the wages of the employee does not exceed 20 percent of the employee’s wages in a week. Thus, in order to justify the deductions from losses incurred by the employer from the employee’s acts, the said conditions should be met. In this case, if the company fails to establish that you were responsible for the negative variance and not given the opportunity to show cause why deduction should not be made, any deduction on your last salary will be considered illegal. Atty. Angela Antonio The post Wage deductions appeared first on Daily Tribune......»»
Memo 23 puts export roadmap into effect
Malacañang issued Memorandum Circular 23 that approved the Philippine Export Development Plan 2023-2028, aimed to revitalize poverty-reduction and job-creation efforts within the country. Executive Secretary Lucas Bersamin signed MC 23 on 20 June 2023, instructing all relevant government agencies to identify and execute appropriate programs, activities, and projects that will provide support to the PEDP. The circular required all relevant agencies to provide an inventory of their programs, activities, and projects to the Export Development Council and the Office of the President, specifically through the Office of the Executive Secretary, within 60 days of the circular taking effect. Exports growth prodded MC 23 also directed government agencies and entities involved to collaborate, assess, introduce improvements, and enforce policies that will enhance the growth of exports. “To ensure the success of the PEDP 2023-2028, it is necessary for all concerned government agencies to support and cooperate in the implementation of the PEDP 2023-2028,” the memo read. The Export Development Act of 1994, also known as Republic Act 7844, stipulates that the Export Development Council is responsible for endorsing the Philippine Export Development Plan for the President’s approval. Additionally, the EDC is tasked with coordinating, monitoring, and evaluating the implementation of the plan. In cases where it is deemed necessary, the EDC is authorized to make suitable adjustments to the plan to account for changing conditions in both the domestic and international landscapes. The post Memo 23 puts export roadmap into effect appeared first on Daily Tribune......»»
Untrammeled injustice (4)
Filing the case against the suspects in the Degamo slay based on their recanted sworn statements and at the same time filing a perjury case against them as announced by the Department of Justice is gross ignorance of criminal procedure as well as the rules on evidence. If the original sworn statements by the suspects were not recanted, then the government undoubtedly would have a solid case against them. With their formal recantation, there is not even a probable cause to speak of for the filing of the murder case in court unless there are witnesses who saw them commit the crime or have personal knowledge of the suspects’ plan to execute the offense coming forward and detailing the circumstances in a sworn statement to be presented in the preliminary investigation stage. Their positive identification of the suspects as the perpetrators of the crime could be adequate and sufficient for a judgement of conviction when they are tried in court. The prosecutors can also introduce circumstantial evidence that will add to the positive identification of the accused to further strengthen their case. Simultaneous filing of the murder complaint based on their recanted confession and the perjury case are at war with each other. It will only demonstrate not only the weakness of the prosecution’s theory but its unpreparedness as well. The perjury case will give the defense an arsenal to demolish the murder case. The accused can use the perjury case by arguing that their original statements cannot hold because the prosecution is charging them with lying with their statements. So, if they are lying, how can those statements be deemed truthful and become the basis of the filing of the murder complaint? Since the government filed the case based on their lies, how can they be adjudged guilty of the crime of murder? If the government lawyers file a perjury case against the recanting suspects and they are found guilty of lying, then they will be guilty of perjury of a lesser crime, and necessarily they will get away with murder because the original confessions or admissions will lose their validity. If, however, they are found innocent by the court on the perjury charge it would mean that their confessions to the crime will be admissible in court as declarations against interest and will weigh heavily on their guilt. The better option therefore for the government is to file the perjury case and put on hold the institution of the murder indictment and if it has already been filed, it should withdraw it pending the resolution of the former. The two criminal cases cannot be filed at the same time because it is contradictory. Should the government persist in pursuing its present legal position, it will suffer a legal debacle and whoever engineered the Degamo slay will escape from accountability for the crimes he or she and whoever the accomplices and accessories are have committed. All these imminent legal disasters could be avoided if the government official concerned official could only zip his mouth official and be judicious in his public, hasty and reckless pronouncements on the guilt of the suspects. The post Untrammeled injustice (4) appeared first on Daily Tribune......»»
QC village chief still in hot water
The Quezon City Council on Tuesday announced that its Special Investigation Committee has suspended embattled Barangay Pasong Tamo chairperson Mae Tagle in Quezon City for another 60 days over two more charges of abuse of power slapped against her last year. The SIC said that the village’s Sangguniang Kabataan and a concerned citizen filed complaints which included her alleged approval of a perya operation which occupied a portion of a national road. Both charges also carried a penalty of 30-day suspension. SK chairperson Jane Pauline R. Diaz filed Administrative Case 426-23 for Grave Abuse of Authority, Gross Negligence and Conduct Unbecoming of Public Official as she claimed that Tagle did not release the SK share to the Barangay Pasong Tamo yearly budget, stalling all their activities and projects. Meantime, a certain Mark dela Cruz Jalandoni filed Administrative Case 424-23 for Abuse of Authority and Misconduct, Unbecoming of Goverment Official under the Local Goverment Code. Jalandoni, in his complaint, said Tagle allowed the perya operations for days, creating traffic at the national road fronting his house. The 38-members City Council again concurred to both cases heard by the Special Investigation Committee created through a memorandum of agreement, the council entered with the Office of the Ombudsman to help the graft court lessen its load of administrative cases committed by elected local officials from the Barangay level of chairman down to the kagawads or village councilors. Tagle, who was earlier suspended over her firing of the entire fire brigade of the village in July of 2022, attempted to resist obeying the order by telling her supporters to rally behind her last weekend, when the suspension order was being served to her by lawyers from the City Legal Department. A near clash between Tagle’s supporter and the people behind her supposed replacement as officer-in-charge, Kagawad Tricia Pilar was prevented when City Police Chief Brig. Gen. Nicolas Torre III instructed Police Station 14 Commander Lt. Col. Mae Genio to mediate over the SIC ruling. The post QC village chief still in hot water appeared first on Daily Tribune......»»
Thailand charges Canadian over Indian gangster murder in Phuket
Thai police said on Monday they have charged a Canadian man they described as a mercenary with the murder of an Indian gangster in the resort island of Phuket. Officers launched an investigation after Jimi "Slice" Sandhu -- whose nickname came from a distinctive scar on his face -- was shot and killed in February 2022. Interpol issued a red notice last year for Canadian citizen Matthew Leandre Ovide Dupre in connection with the murder. The 38-year-old was extradited from Canada and returned to Thailand late Sunday. "He is quite a key suspect and a professional mercenary. He flew in to finish his job, and did not even bring a weapon," National Police Chief Damrongsak Kittiprapas told reporters. Dupre was charged with premeditated murder, illegal gun possession, and firing a gun, a police statement said. Officials said Dupre denies all charges. Damrongsak said Dupre was a former soldier and mercenary who had worked in several countries, including Afghanistan. He had arrived directly from Canada in the Thai capital Bangkok on a special Thai Air Force flight, Damrongsak said. "It is a difficult case, no commercial flights or countries allowed the plane to refuel as they were concerned about hostage-taking," he said. Officers will continue to investigate who supplied the weapon. Canada and Thailand have an agreement to provide mutual assistance, including extradition, in criminal cases. Thai state prosecutor Intranee Sumawong said the foreign office had reassured Canadian concerns over Thailand's death penalty, under a new extradition bill. Sandhu was shot on 15 February 2022, after he flew in on a private jet from Malaysia days earlier. Police obtained CCTV footage showing two men jumping from bushes, opening fire on Sandhu, and then fleeing into the night. Sandhu's car had had a GPS tracker taped to it before the attack, the 2022 Interpol notice said. Sandhu was deported from Canada in 2016 over a string of criminal offenses, resurfacing when he was detained in India over a ketamine factory in 2018. A second man, Gene Karl Lahrkamp, also wanted in connection with the murder, died in a small plane crash in 2022, according to Canadian media. The post Thailand charges Canadian over Indian gangster murder in Phuket appeared first on Daily Tribune......»»
Bong Go wants to decongest National Center for Mental Health
Senator Christopher “Bong” Go highlighted the urgent need to improve the National Center for Mental Health and to ensure that all Filipinos have access to proper healthcare. During a public hearing conducted by the Senate Committee on Health on mental health on Tuesday, 9 May, Go, who chairs the committee, raised concerns regarding the need for decongestion of the NCMH. “The state of the National Center for Mental Health is in need of utmost attention and improvement to preserve the basic right of all Filipinos to health care,” said Go. “How can we decongest NCMH in order to improve its current state? Where can we transfer recovered patients who have nowhere to go?” he added. The senator also emphasized the need to provide appropriate intervention and care for admitted patients while also looking into the cases of those who are already considered ‘fit’ to be discharged but have nowhere to go or no family to go back home to. “Is the DSWD capable to accommodate them in halfway houses? Kawawa naman. Alam niyo masarap mabuhay sa mundong ito, isang beses lang tayo dadaan, bigyan po natin sila ng halaga, yung buhay nila. Ma-enjoy naman nila after being committed doon sa mga hospital facilities,” Go said. Go also asked concerned authorities to look into the present referral system for patients with pending cases. He cited that some patients admitted to the mental health hospital who are facing cases in court must be properly assessed to determine whether they should remain in NCMH or be tranferred to other facilities. “What should be the proper referral system for patients with pending cases? Dahil nababalitaan ko marami pong mga may kaso na nandodoon pa sa mental health (hospital),” said Go. “Bakit sila nako-commit doon? Ngayon, kung pwede na silang lumabas, magaling na sila, maaari bang ibalik na po doon sa kulungan para ma-decongest naman po itong mga mental health facilities natin?,” he added. Health authorities during the hearing responded to Go’s concerns, highlighting the protocols in place to determine whether someone has a mental illness, including a neuropsychiatric screening test. Patients who are committed to mental hospitals with a court order are already considered to need psychiatric treatment, and mental health professionals assess their fitness for trial or the need for further treatment. Those deemed mentally competent will face trial for their actions. In a separate interview at the Senate after the said hearing, Go addressed the allegations of corruption at NCMH, stating that if there are reports of wrongdoing, an inquiry can be done and referred to the Blue Ribbon Committee. Meanwhile, the senator also emphasized the importance of providing proper care to patients in the NCMH, including providing them with the necessary medication and nutrition. “Ibigay po sa kanila what is due to them. Tao po itong mga pasyente, kahit na may problema sila sa mental health. Paano gagaling kung ‘di ibibigay sa kanila ‘yung nararapat na gamot at pagkain na naayon po sa kanila. Tulungan po natin, mahalin po natin ang mga pasyente natin,” he said. Go, an advocate of improved mental healthcare, has filed Senate Bill No. 1321, or the proposed “Specialty Centers in Every Region Act of 2022”. The bill aims to establish specialty centers in select DOH-hospitals across the country, with mental health services as one of the specialties offered. Additionally, Go has filed SBN 1786, which would require public higher education institutions to establish Mental Health Offices on their campuses. He also serves as co-author of Senator Sherwin Gatchalian’s SBN 379, otherwise known as the Basic Education Mental Health and Well-Being Promotion Act, which aims to provide mental health services, emotional, developmental and preventive programs, and other support services in the basic education level. Meanwhile, one of the key initiatives he pushed for in the 2023 budget is the improvement of benefit packages of the PhilHealth. According to Go, the 2023 budget includes a special provision for the improvement of benefit packages of PhilHealth including mental health packages. This provision is crucial given the sharp increase in mental health issues and the inaccessibility of mental health services. “Mayroon pong P1.86 billion ang DOH for mental health medicines, under the 2023 national budget. Mayroon din pong P12 million budget for mental health awareness and hotline,” Go shared. “We have consistently advocated for increased funding for medical (mental) health programs. For example, in 2021, the DOH was granted an additional P384 million for its mental health program, while in 2022, an additional P200 million was allocated for the same purpose,” he cited. The post Bong Go wants to decongest National Center for Mental Health appeared first on Daily Tribune......»»
Zambales eyes ‘Bahay Kalinga’ construction
BOTOLAN, Zambales — Zambales Representative Doris “Nanay Bing” Maniquiz has filed a bill in the House of Representatives for the creation of the Zambales Bahay Kalinga that will become a safe haven for abused children here. Maniquiz met with the public and private sectors last week and discussed the need for a shelter for sexually abused children, and pleaded for backing for the proposed multi-million facility. The official gained support from Vice Governor Jacqueline Rose Khonghun, Zambales Mayors League president Jeffrey Khonghun and all 13 municipal mayors of Zambales, Family Court Presiding Judge Maribel Mariano-Beltran of the Regional Trail Court in Iba, lawyer Jomari Nacin of the Provincial Prosecutor’s Office, and representatives from the local business community. “This dream project won’t materialize without the support of the stakeholders in Zambales, which is why I knock on the hearts of public officials and local investors, as well as ordinary concerned citizens, to help us put up the center,” Maniquiz said. “Either we give these abused children a safe place for them to grow up normally and find their place in the society, or we give up on them and let them carry the scarring all their lives,” she added. Data showed that Zambales has a total of 137 cases of incestuous rape, which also makes for a high local incidence of child sexual violence. A national baseline study on violence against children in the Philippines conducted by the United Nations Children’s Fund in 2015 showed a 13.7 percent prevalence of overall sexual violence in the home; 7.1 percent prevalence in the workplace; 5.3 percent in the school; 7.8 percent in the community; and 14.1 percent during dating. The onset of the Covid-19 pandemic also saw an unsettling rise in child sex abuse, which included forcing children to perform live sex shows for pedophiles online, authorities said. A recent study by Unicef and Save the Children Fund estimates that around one in five Filipino children are now at risk of sexual exploitation. The post Zambales eyes ‘Bahay Kalinga’ construction appeared first on Daily Tribune......»»
Comelec: Unqualified local aspirants will be rejected
The Commission on Elections on Monday announced that it will order its regional offices to outright reject the certificate of candidacies of unqualified aspirants for the Barangay and Sangguniang Kabataan elections, including overaged Sangguniang Kabataan bets and candidates for barangay posts who are not registered voters. Comelec chairperson George Erwin Garcia said that the move is to prevent a backlog of disqualification cases related to the upcoming polls as there are more than 4,000 petitions have been filed before the poll body. “We have decided that the local Comelec has the powers to reject and remove the CoCs of those unqualified. Why do we need to make things difficult? We’ll just not accept the candidacies of these people,” Garcia said. He added that Section 39 of Title Two, Chapter 1 of the Local Government Code of 1991 states that barangay aspirants must be at least 18 years old during election day on 30 October, must be a registered voter, as well as a resident of the barangay concerned for at least a year, and should be able to read or write. Meanwhile, Section 2 of Chapter 10 of Republic Act 10742 or the Sangguniang Kabataan Reform Act of 2015 states that candidates must be between 18 to 24 years of age on election day, able to read and write in English, Filipino or the dialect used in the barangay, must not be related to incumbent national and local officials at the “second civil degree of consanguinity or affinity,” and must not be convicted with finality on cases involving moral turpitude. However, Garcia clarified that disqualified aspirants could petition for their candidacy before the Comelec who will, in turn, decide whether their local poll boards were correct or not with their rejections. He also vowed to rule on all petitions, including disqualification petitions, before the 30 October polls. “We are committing ourselves to resolve these petitions before 30 October, for us to prove whether someone’s candidacy should be removed or not. If we affirmed the decision of the local Comelec, they could go to the Supreme Court,” Garcia said. The filing of CoCs is scheduled from 28 August to 2 September, with the first day marking the start of the election period for the Barangay and SK Elections. The post Comelec: Unqualified local aspirants will be rejected appeared first on Daily Tribune......»»
Filed out of time
Here you see the strict application of the rules of procedure; where non-compliance results in the disallowance of the review of the merits of a case You may have noticed that I usually write about annulment cases. What I write about today is also about annulment but has nothing to do with the merits of the case. Rather, it focuses on the procedure involved in annulment, and how crucial compliance is. As I emphasized before, rules of procedure must be strictly followed. Its compliance can mean the case’s victory; while non-compliance, its demise. In Republic of the Philippines v. Teresita I. Salinas (G.R. 238308 promulgated on 12 October 2022), the wife filed for an annulment. After due proceedings, the court granted the petition and accordingly, declared her marriage null and void. The Office of the Solicitor General or OSG, however, disagreed. It filed a motion for reconsideration. The court denied its motion on 27 July 2015. The OSG received the denial on 4 August 2015. Under the rules, any appeal should be done within 15 days from receipt of the order. Thus, the OSG had until 19 August 2015. An appeal may be filed personally with the court or sent by registered mail to it. The OSG opted to mail. Problem is, it did so only on 5 October 2015, said date having been stamped on the envelope by the post office where the notice of appeal was mailed. This filing date is obviously way beyond the 19 August 2015 deadline. Naturally, the court denied the appeal ruling it was time-barred. The OSG elevated the matter before the Court of Appeals. Upon review, the appellate court did not grant the appellant its nod. It was of the considered view that the OSG was not able to timely appeal its cause. This is even though the OSG presented its official records showing that the appeal was filed within the prescribed period. Not being sustained by the appellate court, the OSG had no other source of relief but the Supreme Court. Failure to obey leads to a case’s sudden end no matter how meritorious it is. When this issue was posed, the Highest Court ruled, “plainly, the pleading’s filing date can be proved either by (1) the post stamp on the envelope, which is considered part of the records; or, (2) the registry receipt. Thus, no grave abuse of discretion can be imputed to the RTC in considering the date stamped on the envelope of the Republic’s Notice of Appeal, which was 5 October 2015, as the date of the filing. Contrary to the CA’s ruling, the photocopy of the OSG Inner Registered Sack Bill cannot be equated to a registry receipt nor given probative value. Unlike a registry receipt, the OSG’s Inner Registered Sack Bill was not issued or signed by the postmaster or any authorized receiving personnel of the concerned post office; hence, unverified to be authentic. It was merely a list of mail matters supposedly sent out by the OSG with corresponding entry and registry numbers, addresses, and posting dates. “Thus, even if we admit the authenticity of the OSG Inner Sack Bill, it cannot be a sufficient basis to conclude that the mail matter pertaining to the Notice of Appeal listed on it was actually dispatched and received by the Ermita Post Office on 18 August 2015. The Republic attempted to bolster its claim of timely filing by presenting a Certification issued by the Ermita Post Office postmaster. Contrary to the Republic’s argument, this certification does not suffice to prove that it filed its Notice of Appeal on 18 August 2015 given that a different date appears on the envelope containing such pleading. “We reiterate, under Section 3, Rule 13 of the Rules, the date of filing is shown either in the post office stamp on the envelope or the registry receipt. Thus, while the postmaster’s certification is usually sufficient proof of mailing, its evidentiary value is different in this case as it is not merely intended to prove the fact of mailing, but to prove that the date stamped on the pleading’s envelope was either incorrect due to the post office’s inadvertence or not stamped by the post office. “We stress, the envelope and the date appearing on it is made part of the records; hence, it carries the presumption that the date stamped on it was done in the course of the official duties that have been regularly performed, unless proven otherwise. Starkly, the Certification is bereft of any explanation as to the discrepancy between the date appearing on the envelope and the date stated in the Certification. “At this juncture, it is noteworthy that the Republic provided us with no means of ascertaining whether the RTC erred in appreciating the genuineness of the date appearing on the envelope since it did not attach the Notice of Appeal with the affidavit of service, if any, and the subject envelope. Note that even the pertinent RTC orders were attached to this petition for our reference and evaluation. Hence, we are constrained to uphold the factual findings of the RTC, which was able to actually see the questioned document/s.” Here you see the strict application of the rules of procedure; where non-compliance results in the disallowance of the review of the merits of a case. It is imperative to adhere strictly to these rules to avoid any fatal technical infirmity. Failure to obey leads to a case’s sudden end no matter how meritorious it is. The facts and ruling are from the case cited above. The post Filed out of time appeared first on Daily Tribune......»»
‘Nothing to be alarmed’ – Rama on uptick in COVID cases in Cebu City
CEBU CITY, Philippines – As far as Cebu City is concerned, the uptick in the number of new COVID-19 cases recorded is nothing to be alarmed of. This assurance came from Mayor Michael Rama himself, who urged the public not to panic and ‘overtly worry’ about reports that the city experienced a rise in COVID-19 […] The post ‘Nothing to be alarmed’ – Rama on uptick in COVID cases in Cebu City appeared first on Cebu Daily News......»»
Health exec concerned on Covid-19 resurgence in NegOr
DUMAGUETE CITY - A health official in Negros Oriental has expressed concern over the slowly rising cases of coronavirus disease 2019 (Covid-19) in the province, noting that it had zero occurrences two months ago.Four of the six cities in Negros Oriental are among the areas with a low vaccina.....»»
Rising Dengue Cases in Central Visayas Causes Concerns
The Department of Health 7 (DOH 7) is now concerned about the rise of dengue cases in Central Visayas. Now that the country is in a rainy season, DOH urges local government units to initiate their anti-dengue measures. Most especially schools that are preparing for the limited face-to-face classes. DOH 7 dengue prevention and control […].....»»
OCTA concerned over rise in cases
OCTA concerned over rise in cases.....»»
Government urged to provide more aid to poor
Sen. Bong Go has appealed to President Duterte, Finance Secretary Carlos Dominguez III, Budget Secretary Wendel Avisado and concerned national government agencies for additional aid for Filipinos, following the reimposition of tougher quarantine restrictions in Metro Manila and nearby provinces due to the rapidly rising number of new COVID-19 cases......»»
Garganera: No need for granular lockdowns in Cebu City
CEBU CITY, Philippines — There is no need to put any of Cebu City’s 80 barangays under granular lockdown as far as the Emergency Operations Center (EOC) is concerned. Councilor Joel Garganera, the EOC’s deputy chief implementer, said that while the city continues to log triple digit numbers in its new cases of the coronavirus […] The post Garganera: No need for granular lockdowns in Cebu City appeared first on Cebu Daily News......»»
Nurses in Cebu concerned of rising COVID-19 cases
CEBU CITY, Philippines — Nurses in Cebu are concerned of the rising cases of Coronavirus Disease 2019 (COVID-19). In a statement, the Philippine Nurses Association (PNA) Cebu Chapter said that the rising cases may again place a toll on the nursing professionals as what has been observed last year during the outbreak. “Because we do […] The post Nurses in Cebu concerned of rising COVID-19 cases appeared first on Cebu Daily News......»»
Quezon City special lockdowns lifted
There are no more areas in Quezon City under special concerned lockdowns as no clustered cases of COVID-19 have been recorded in the city, Mayor Joy Belmonte said yesterday......»»
Biden knocks Trump as rivals barnstorm heartland in election finale
Joe Biden intensified his attacks Friday on President Donald Trump as they battled over the American Midwest, chasing every last vote with four days to go in a region that propelled the Republican to victory in 2016. RUS President Donald Trump speaks during a campaign rally at Rochester International Airport October 30, 2020 in Rochester, Minnesota. With Election Day only four days away, Trump is campaigning in Minnesota despite the recent surge in coronavirus cases in the state. In accordance with state orders, only 250 people will be able to attend the rally with Trump while thousands of others will gather outside the airport to watch on a large television screen. (Chip Somodevilla/Getty Images/AFP) Trump and Biden barnstormed three heartland states each — with a resurgent coronavirus passing the milestone of nine million cases as they hit the stump — highlighting their differences in a race overshadowed by the pandemic. Trump, heralded a “big day” of campaigning as he left the White House, then held a rally in Michigan before heading to Wisconsin and Minnesota, all states battling climbing numbers of virus cases. “We just want normal,” Trump told supporters — many of them unmasked — at an outdoor rally near Detroit as he pushed states to relax public health restrictions and resume daily life. He again bucked his own administration’s health experts as he downplayed the Covid-19 threat, saying “if you get it, you’re going to get better, and then you’re going to be immune.” Covid-19 has killed nearly 230,000 people in the US, which is experiencing surges in most states as the winter flu season looms. The outbreak has ravaged the economy, and while there have been signs of recovery, millions remain jobless. Biden was also stumping in Wisconsin and in Minnesota, where he sharpened his attacks on the president on everything from Trump seeking to dismantle Obama-era health care protections and keep his taxes secret to climate change and trade policy with China. “We can not afford four more years of Donald Trump,” the 77-year-old Democrat said at a socially distanced drive-in rally in St. Paul, Minnesota. “So honk your horn if you want America to lead again!” he said, embracing the awkward pandemic-era campaign trend of rallying supporters in their vehicles. “Honk your horn if you want to have civility again, and honk your horn if you want America to be united again!” Earlier in Iowa he attacker Trump over his handling of the pandemic. “Donald Trump has given up (and) waved the white flag,” Biden told a drive-in rally with more than 300 cars in Des Moines. – ‘Less divided’ – Trump flipped Iowa, Michigan and Wisconsin from the Democrats to clinch his shock victory four years ago. Now polls show Biden leading in all three, albeit narrowly in Iowa. It was Biden’s first visit to Iowa since his inauspicious campaign start in February, when he placed a dismal fourth in the opening Democratic nominating contest. So can Biden win over enough voters to prevail in the Hawkeye State? “I wouldn’t put money on it,” Iowa attorney Sara Riley, 61, said at Biden’s event, although she was more confident about him clinching the White House. “I think Americans, even Trump supporters, want to get to a place where the country is less divided,” Riley said. With voters concerned about the health hazards of crowded polling stations on November 3, a record 86 million have already cast early ballots by mail or in person. Even as the US hit a grim new high in daily Covid-19 infections Thursday, Trump has stuck to his guns, downplaying the dangers and branding Democrats as rampaging “socialists” intent on shuttering the country. And while Trump has touted the economic successes of his presidency, including positive GDP figures Thursday, US stocks closed out their worst week since March, highlighting concerns about a shaky recovery. – ‘Turn Texas blue?’ – After a campaign largely muted by the pandemic, Biden is on the offensive, pushing Trump onto the back foot in unexpected battlegrounds like Texas, a large, traditionally conservative bastion now rated a toss-up by multiple analysts. On Friday the state reported that a staggering nine million residents had already voted, surpassing its entire 2016 total. Biden’s running mate Kamala Harris visited Texas Friday in a bid to turn the state Democratic for the first time since president Jimmy Carter in 1976. “We have a chance to turn Texas blue,” the 96-year-old Carter said in a fundraising email. Biden winning there would be a dagger to Trump, but the president dismissed the notion, saying: “Texas, we’re doing very well.” Trump and Biden are focusing their greatest efforts on traditional battlegrounds that will decide the election — such as Florida, where both campaigned on Thursday. On Saturday Biden returns to the Midwest bringing with him perhaps his strongest surrogate: ex-president Barack Obama, making his first joint in-person campaign appearance of the year with his former VP. Motown music legend Stevie Wonder will join them, the Biden campaign said. Trump will spend the day campaigning in the critical state of Pennsylvania, where he narrowly trails Biden in polls. Biden will follow suit there both Sunday and Monday in a clear sign that his campaign sees the Keystone State as absolutely crucial to his victory......»»