PNP: CIDG has ‘strong evidence’ of Teves’ involvement in Degamo slay case, 2019 killings
MANILA, Philippines — The Philippine National Police (PNP) revealed on Saturday that its Criminal Investigation and Detection Group (CIDG) has “strong evidence” that Negros Oriental Rep. Arnolfo Teves Jr. and several others were involved in Gov. Roel Degamo’s assassination and three other murder cases in 2019. The police statement came after the Department of Justice’s […] The post PNP: CIDG has ‘strong evidence’ of Teves’ involvement in Degamo slay case, 2019 killings appeared first on Cebu Daily News......»»
Trudeau to be star witness in election meddling probe
The Canadian prime minister could be the star witness in his government’s investigation of alleged national election meddling by China, Russia and other countries. Justin Trudeau was asked by reporters in Singapore Friday on the possibility of him testifying in the case, he replied, “Willingly and with very much enthusiasm.” The prime minister, who was coming from the ASEAN Summit in Indonesia, added, “I think it’s important for Canadians to know exactly everything this government has been doing in regards to foreign interference, and to talk frankly about the challenges that we continue to face in our democracies around the world.” His statement came a day after Ottawa named an appeals court judge to lead the inquiry into the allegations surrounding federal elections in 2019 and 2021. Quebec Court of Appeal Justice Marie-Josee Hogue replaces the investigator who resigned in June. Trudeau faced pressure to explain how it first responded to the claims that Beijing sought to subvert Canada’s democratic process. Relations between Ottawa and Beijing hit a new low this year amid accusations of Chinese meddling in those elections and the attempted intimidation of Canadian lawmakers that led to the expulsion of a Chinese diplomat in May. Beijing has called the accusations “groundless” and responded by sending home a Canadian diplomat from the country’s consulate in Shanghai. The reported accusations included secret campaign donations and that Chinese operatives were working for Canadian candidates and lawmakers in an attempt to influence policy. WITH AFP The post Trudeau to be star witness in election meddling probe appeared first on Daily Tribune......»»
Quezon City court junks sedition case vs Trillanes, co-accused
The Quezon City Metropolitan Trial Court Branch 138 junked the conspiracy to commit sedition case against former senator Antonio Trillanes IV and several co-accused over the “Ang Totoong Narcolist” videos which went viral in 2019......»»
Deforestation in Brazil Amazon falls, more Indigenous reserves approved
Deforestation in the Brazilian Amazon fell by 66 percent in August versus the same month last year, the government said Tuesday, while also announcing the demarcation of two new Indigenous reserves. "In August, we had a reduction of 66.11 percent in deforestation" in Brazil's share of the world's biggest rainforest, Environment Minister Marina Silva told a ceremony marking Amazon Day. That followed a similar year-on-year drop of 66 percent in July -- both crucial months in the Amazon, where deforestation typically surges this time of year with the onset of drier weather. According to satellite monitoring by Brazil's space research institute, INPE, deforestation in the Brazilian Amazon wiped out 1,661 square kilometers (641 square miles) in August 2022, the last year of far-right Jair Bolsonaro's term. Bolsonaro (2019-2022), an ally of the powerful agribusiness industry blamed for driving the destruction, presided over a sharp increase in deforestation in the Amazon. "These results show the determination of the Lula administration to break the cycle of abandonment and regression seen under the previous government," Silva said. "If we don't protect the forest and its people, we'll condemn the world to a brutal increase of CO2 emissions and, as a result, accelerating climate change." New indigenous reserves Brazilian President Luiz Inacio Lula da Silva, who previously led Brazil from 2003 to 2010, returned to office in January vowing to protect the threatened Amazon, whose carbon-absorbing trees are a vital buffer against global warming. Key to that pledge, researchers say, are Indigenous reserves, considered bulwarks against deforestation. "If there is no future for the Amazon and its people, there will be no future for the planet either," Lula said in his announcement of the two new reserves. His government in April already issued decrees recognizing six new Indigenous territories, authorizing Indigenous peoples to occupy the land and have exclusive use of its resources. Another six could be demarcated by the end of the year, the government said Tuesday. The country has some 800 reserves, but around a third of them have not been officially demarcated, according to Brazil's Indigenous Affairs agency. No new reserves had been demarcated under Bolsonaro. The demarcations -- of the 187,000-hectare (462,000-acre) Rio Gregorio reserve and the 18,000-hectare (44,000-acre) Acapuri de Cima reserve -- come as the country awaits a key Supreme Court decision that could derail or enshrine Indigenous gains. The law currently only recognizes ancestral territories that were occupied by Indigenous communities at the time Brazil's constitution was promulgated in 1988. But Indigenous leaders say certain territories were no longer occupied at that point because communities had been expelled from them, particularly during the military dictatorship from the 1960s to the 1980s. The case will either validate or invalidate the 1988 cut-off. So far, six of 11 judges have voted -- four against the cut-off, and two in favor. Voting is set to resume on 20 September. Indigenous reserves occupy 13.75 percent of Brazil's territory, with most -- like the two approved Tuesday -- in the Amazon. The post Deforestation in Brazil Amazon falls, more Indigenous reserves approved appeared first on Daily Tribune......»»
Public smoking causes arrest
Operatives of the Manila Police District-Police Station 8 arrested a 24-year-old man who violated a city ordinance against smoking in public Monday morning in Sta. Mesa Manila. P/Lt. Col. Dionelle Brannon, PS8 Station Commander, identified the suspect as Ezra John Villanueva y Yumang, male, 24 years old, single, BPO employee and resident of Bldg A ,Unit 516 El Pueblo, Anonas Sta,Mesa, Manila. Yumang was nabbed in front of Building A, Unit 516 El Pueblo, Anonas Sta. Mesa, Manila Monday at about 11:45 a.m. The suspect was arrested on the strength of a warrant of arrest for the crime of Violation of Section 5, par (a) of City Ordinance No.671,S-2017 as amended by City Ordinance No. 730, S-2019 (Comprehensive Smoke Free Ordinance) issued by Hon. Karyn Lee Tribaco, presiding Judge of MTC Branch C (100), Mandaluyong City with P2,000 bail recommended on his case. The suspect is presently detained at the MPD-PS 8 detention pending the return of warrant of arrest to the issuing judge. The post Public smoking causes arrest appeared first on Daily Tribune......»»
Kidnapped Chinese woman rescued
The Pasay City Police rescued a Chinese woman kidnapped by two siblings one of whom is an active police officer, the National Capital Region Police Office said on Monday. Based on the report sent to NCRPO director Brig. Gen. Jose Melencio Nartatez, the victim Zhou Yunqiing, female, 26, single, tourist, Chinese National, was abducted by the suspects identified as Staff Sgt. Lordgin Antonino,34, a member of PNP assigned at Southern Police District, and his brother Nelson Antonino, 20, who will be facing illegal detention and robbery extortion after they brought the victim at Qing Qing Hotel located at No 2730 Figueroa Street, Barangay 74, Pasay City on Sunday evening. Nartatez said the Pasay Police received information about the abduction on Monday around 1 a.m. from the victim’s friend Law Yi Wei, 34, translator, Malaysian National and presently residing at Sea Residences, SM MOA Complex, Barangay 76, Pasay City. Wei personally appeared before the office of Substation 3, Libertad, Pasay City Police Station, to seek police assistance regarding his friend a Chinese national who was allegedly arrested by the suspects who identified themselves as CIDG, Pasay for an alleged case of human trafficking. Wei told the cops that the victim was detained inside Room No. 8515 Qing Qing Hotel in Pasay City. He showed police the picture of the victim while handcuffed and a picture of the PNP ID of PMSG John Reggie Reyes with Badge No. 124539 and the text message wherein the suspects asked for money amounting to P500,000 for the release of the victim. Nartatez said Pasay police conducted a short briefing to verify the information for possible police operation against the suspects. The Metro Manila top cop said that when the cops arrived at the hotel the operating team coordinated with the duty security guard of QingQing Hotel and informed them about their purpose. When they saw Lordgin sitting at the lobby with the same description on the PNP ID shown by Wei to the operating unit, they approached suspect and asked for verification. The latter identified himself as a policeman assigned at CIDG Pasay. The post Kidnapped Chinese woman rescued appeared first on Daily Tribune......»»
QC orders localized class suspension
The Quezon City government early morning Monday left the discretion of suspending classes due to continuous rain to barangay and school officials , Angelbert Apostol, the city information chief, announced. Those who immediately ordered the suspension of classes are Barangay Holy Spirit for its (Public Pre-school to Senior High School — Morning and Afternoon Class); Barangay Bagong Silangan (Public Pre-school to Senior High School) and Barangay Payatas (Public Pre-school to Senior High School). Apostol said the discretion is allowed through Memorandum Circular No. 10-A series of 2022 under the Department of Education Order 037 series of 2022. Suspension of classes in private schools, on the other hand, is left to the discretion of school officials. Apostol added that decision to suspend classes is left to the barangay for having their own “pre-disaster risk assessment” in consultation with school officials. Over a year ago exactly on 22 August 2022, Quezon City Mayor Joy Belmonte issued a Memorandum Circular No. 10 instructing the local School Division Office and Public and Private Education Institutions to adhere to Localized Suspension of Classes due to typhoons, floodings and other weather disturbances and calamities. The circular noted an “automatic suspension classes” based on Department of Education 014 Series of 202, that dictated “classes shall automatically be suspended in case the Philippine Atmospheric Geophysical and Astronomical Services Administration has declared the following typhoon signal: Signal Number 1 — all public and private pre-school kindergarten classes; Signal Number 2 or higher — public and private pre-school kindergarten elementary and secondary classes. College and university level classes are suspended if the typhoon signal is raised to Number 3, pursuant to Commission on Higher Education Memorandum Order No. 15 Series of 2019 ordering an automatic suspension of classes on Higher Education Institutions when Signal Number 3 is raised by PAGASA. It also carries an order that suspension of work in public schools “shall be in accordance with DepEd Order No. 14 Series of 2021 and CHEd Memorandum Order No.15 Series of 2012 for HEIs.” Meanwhile, the cities of Parañaque and Pasay yesterday suspended classes in all levels in public and private schools due to inclement weather. Parañaque City Mayor Eric Olivarez ordered the suspension in all levels both in public and private schools upon the recommendation of the Disaster Risk Reduction and Management Office. The mayor said the recommendation of suspension of classes by the DRRMO was due to the continuous southwest monsoon rains enhanced by typhoon “Hanna.” Residents were told, especially those living in low-lying areas, to immediately call the city government in case of emergencies through its hotline numbers. (For landline: 8820-PQUE (7783), for Smart : 0961-096-6341 and for Globe users at 0956-394-0176.) All residents were advised by the mayor to just stay home for their safety. Pasay City Mayor Emi Calixto-Rubiano also suspended online and face-to-face classes in all levels both in public and private schools. The mayor advised residents living in flood-prone areas to be alert and vigilant as rains continue to pour. The post QC orders localized class suspension appeared first on Daily Tribune......»»
Return separation pay, viral ex-cop told
Brig. Gen. Niño David Rabaya, director of the Philippine National Police-Retirement and Benefits Administration Service, demanded from viral road rage ex-cop Wilfredo Gonzales the return of the money he received despite his dismissal from the police service. Gonzales was dismissed for grave misconduct in 2018, two years after he retired upon reaching the mandatory retirement age of 56 where he got his separation pay. His dismissal which stemmed from a gun-toting incident he was involved in in 2006 led to the forfeiture of his benefits retroactively. In a press conference in Camp Crame on Monday, Rabaya, said Gonzales is required to bring back to the PNP around P588,000 sending him letters demanding the return of the money, since 2019 but they have yet to get any response from him. “It’s basically his terminal leave or leave credits as he also received ‘three’ year lump sum pension starting 2016 to 2019 but when the PRBS was able to receive the dismissal order, his monthly pension which was supposed to start in 2019 was not anymore activated. So basically he is not anymore receiving pension from us,” Rabaya told reporters. “As a matter of procedure, we are already preparing the demand letter for patrolman Gonzales to return the money. We will be taking civil action against him. We have already referred this to our legal then civil action will be taken against him if he refuses to return the amount,” he stressed. The QC People’s Law Enforcement Board started the conduct of a thorough investigation of the incident upon the order of Quezon City Mayor Joy Belmonte. The probe aims to identify the lapses committed by the police during the settlement of the case. Gonzales is currently in hot water after he was involved in a viral altercation with a cyclist in Quezon City on 28 August. He hit the cyclist on his head and even pulled out and cocked his gun. Gonzales said they had already settled the matter in a police station. It was reported that the cyclist paid Gonzales P500 for the damages to his vehicle during the settlement. Gonzales is now facing charges for alarm and scandal filed by the Quezon City Police District. The PNP Firearms and Explosives Office also revoked the License to Own and Possess Firearm, Firearm Registration and Permit to Carry Firearms Outside Residence of Gonzales. The Land Transportation Office also issued a 90-day preventive suspension on Gonzales’ driver’s license pending the conduct of an investigation on the matter. The post Return separation pay, viral ex-cop told appeared first on Daily Tribune......»»
Tech’s carbon footprint: can AI revolutionize responsibly?
Across the globe, data servers are humming, consuming both megawatts and precious natural resources to bring life to our digital world. The planet's 8,000 or so data centers are the foundation of our online existence and will grow ever further with the advent of artificial intelligence -- so much so that research estimates that by 2025, the IT industry could use 20 percent of all electricity produced, and emit up to 5.5 percent of the world’s carbon emissions. This poses a real -- and to some, increasingly urgent -- question about the industry's carbon footprint as startups and companies fall behind Silicon Valley's latest forward march. "Pandora's box is open," said Arun Iyengar, CEO of Untether AI, a highly specialized chip-making company that strives to make AI more energy efficient. "We can utilize AI in ways that enhance the climate requirements or we can ignore the climate requirements and find ourselves facing the consequences in a decade or so in terms of the impact." The transformation of the world's data servers to AI readiness is already well underway, in what one Google executive called a "once-in-a-generation inflection point in computing." But the scope of the mission is huge. The creation of generative AI tools such as GPT-4, which powers ChatGPT, or Google's Palm2, behind the bot Bard, can be broken into two key stages, the actual "training" and then the execution (or "inference"). In 2019, University of Massachusetts Amherst researchers trained several large language models and found that training a single AI model can emit the CO2 emission equivalent of five cars over their lifetimes. A more recent study by Google and the University of California, Berkeley, reported that training GPT-3 resulted in 552 metric tons of carbon emissions, equivalent to driving a passenger vehicle 1.24 million miles (2 million kilometers). OpenAI's latest generation model, GPT-4, is trained on around 570 times more parameters -- or inputs -- than GPT-3, and the scale of these systems will only grow as AI becomes more powerful and ubiquitous. Nvidia, AI's chip giant, provides the processors that are indispensable for training, known as GPUs. And while they are more energy efficient than typical chips, they remain formidable consumers of power. The ChatGPT 'problem' The other side of generative AI is deployment, or inference: when the trained model is applied to identify objects, respond to text prompts or whatever the use case may be. Deployment doesn't necessarily need the computing heft of an Nvidia chip but taken cumulatively, the endless interactions in the real world far outweigh training in terms of workload. "Inference is going to be even more of a problem now with ChatGPT, which can be used by anyone and integrated into daily life through apps and web searches," said Lynn Kaack, assistant professor of computer science at the Hertie School in Berlin. The biggest cloud companies insist that they are committed to being as energy-efficient as possible. Amazon Web Services pledges to be carbon-neutral by 2040 while Microsoft has pledged to be carbon-negative by 2030. The latest evidence that the companies are serious about energy efficiency is reassuring. Between 2010 and 2018, global data center energy use rose by only 6 percent, despite a 550 percent increase in workloads and computing instances, according to the International Energy Agency. 'Backwards' thinking Silicon Valley's AI tycoons believe discussions of AI's current carbon footprint are beside the point, and underplay its revolutionary potential. The naysayers have it "backwards," Nvidia CEO Jensen Huang told reporters on a recent visit to his company's headquarters in California. The mass deployment of AI and faster computing will in the end diminish the need to go to the world's data clouds, he argued. AI's superpowers will turn your laptop, car, or device in your pocket into an energy-efficient supercomputer without the need to "retrieve" data from the cloud. "In the future, there'll be a little tiny model that sits on your phone and 90 percent of the pixels will be generated, 10 percent will be retrieved, instead of 100 percent retrieved -- and so you're going to save (energy)," he said. OpenAI's Sam Altman meanwhile believes that AI will soon enough be able to build humanity a completely new future. "I think once we have a really powerful super intelligence, addressing climate change will not be particularly difficult," Altman said recently. "This illustrates how big we should dream... Think about a system where you can say, 'Tell me how to make a lot of clean energy cheaply, tell me how to efficiently capture carbon, and tell me how to build a factory to do this at planetary scale.'" But some experts worry that the mad dash for AI has elbowed out fears about the planet, at least for now. "Large corporations are spending a lot of money right now deploying AI. I don't think they are thinking about the environmental impact yet," said Untether AI's Iyengar. But, he added: "I think that is coming." The post Tech’s carbon footprint: can AI revolutionize responsibly? appeared first on Daily Tribune......»»
Sandigan absolves Alcala in graft raps
The Sandiganbayan has absolved ex-Department of Agriculture secretary Proceso Alcala of a graft charge involving P13.5 million of government funds illegally given to an ineligible farmers’ foundation. In a 40-page decision, the anti-graft court’s Sixth Division cleared Alcala of violating the Anti-Graft and Corrupt Practices Act (RA 3019) purely on reasonable doubt. His co-accused, Laureano Mañalac, however, then-DA head executive assistant, was found guilty of violating the same provision of the law. He was meted up to 10 years behind bars and was permanently barred from holding public office. On top of the conviction, the court ordered him to pay P13.5 million, representing the sum paid to Isa Akong Magsasaka Foundation Inc. or IAMFI. Filed by the Ombudsman in 2018, the case stemmed from the irregular accreditation of IAMFI as a DA development partner for the construction of the Quezon Corn Trading and Processing Center at P13.5 million in 2012. Investigation revealed that IAMFI, which was an ineligible foundation but applied to become a development partner of the DA in May 2011, was controlled by Mañalac. Alcala was accused of conniving with Mañalac to release P13.5 million to IAMFI’s former president, Bautista Ella. State prosecutors said the DA’s erstwhile officials gave the IAMFI unwarranted benefit, advantage, or preference. On 17 July 2019, the Sandiganbayan dismissed the case against Ella owing to his passing. Authenticated document The prosecution’s investigation further revealed that IAMFI submitted together with its application for accreditation an authenticated articles of incorporation, concealing that Mañalac is an incorporator, which was in violation of the Commission on Audit Circular 2007-001, and was “highly irregular.” According to the prosecutors, the DA fell short when it failed to investigate its unlawful grant of P13.5 million in funding to the IAMFI, to which it is not entitled to. “The government suffered undue injury in the amount of P13,500,000, which was illegally given to the IAMFI due to the acts of Manalac. Instead of giving the funds to a qualified foundation, it was given to one ineligible being controlled by Mañalac,” the Sandiganbayan said, brushing off the accused claim that the sum was legally awarded to the foundation. In acquitting Alcala, the anti-graft court ruled that despite the prosecution’s serious efforts, it failed to prove that the ex-DA secretary violated RA 3019. “The court, however, is compelled on reasonable doubts grounds to acquit Alcala of the crime as he claims to have relied on multiple layers of review by his subordinates.” Further, it ruled that “no evident bad faith” could be attributed to Alcala in accrediting and signing the memorandum of agreement with IAMFI; instead, it found that all the offense elements have been proven beyond reasonable doubt in the case of Mañalac. According to the Sandiganbayan, it was “very clear that Mañalac was involved in the processing of the proposal of IAMFI.” Mañalac, who resigned from the DA on 30 September 2012, was “immaterial” and “will not serve to exculpate him,” the court said. “Even with Mañalac’s departure from the DA, the proposal would continue to go through the application process in view of the PMO’s positive preliminary recommendation,” it added. The post Sandigan absolves Alcala in graft raps appeared first on Daily Tribune......»»
Teves, cohorts facing charges for Degamo slay; warrants out soon
Criminal charges have been filed against suspended Negros Oriental congressman Arnolfo Teves Jr. and four of his cohorts for the killing of Governor Roel Degamo and nine others in an ambush attack in March. This was confirmed by Department of Justice spokesperson Mico Clavano in a news forum in Quezon City on Saturday. Clavano said murder, frustrated murder, and attempted murder cases were filed before the Manila Regional Trial Court on 18 August while the warrant of arrest against Teves is expected to be out “in the next few days.” Teves was tagged as the mastermind of the crime against Degamo. “‘Yung Degamo case po ay na-i-file na rin po sa Manila. ‘Yun po ay nasa korte na rin at hinihintay na lang po natin ang (The Degamo case has already been filed in Manila. It’s in the court already and we are awaiting the issuance of a) warrant of arrest,” Clavano said, noting that similar criminal cases were already filed against eleven other suspects last July. In 2019, criminal charges were also filed before the Bayawan City RTC Branch against Teves and others due to the number of social injustices and killing incidents in Negros Oriental. Following the investigation of the brutal attack against Degamo and nine others in his residence in Pamplona town as well as other political killings in the province, the Anti-Terrorism Council recently designated Teves and 12 others as “terrorists.” Clavano said the DoJ is requesting the transfer of the trial venue in Manila. “Gusto natin na neutral ground ang magiging venue para sa kaso (We want the venue for the case to be in a neutral ground),” he said. The post Teves, cohorts facing charges for Degamo slay; warrants out soon appeared first on Daily Tribune......»»
Brazil high court rules homophobia punishable by prison
Brazil's Supreme Court ruled Tuesday that homophobic slurs are now punishable by prison, in a decision applauded by rights activists in a country with rampant violence against the LGBTQ+ community. The 9-1 ruling puts homophobic hate speech on the same legal level as racist hate speech, which was already punishable by prison in Brazil. Justice Edson Fachin, the lead judge on the case, said in his ruling it was a "constitutional imperative" to give LGBTQ+ citizens equal protection under the law. The court ruled in 2019 that homophobia was a crime, just like racism. But the earlier decision applied to slurs against the LGBTQ+ community as a whole, not attacks on specific individuals. Rights group ABGLT brought the case to extend the legal protections further. Hate speech is punishable by prison terms of two to five years in Brazil. "Victory against LGBT-phobia," transgender lawmaker Erika Hilton posted on social media, celebrating the ruling. Rights groups registered 228 murders of LGBTQ+ people in Brazil last year. The country of 203 million people is the deadliest in the world for trans people, according to the rights group Transgender Europe, with 1,741 murdered from 2008 to 2022. The post Brazil high court rules homophobia punishable by prison appeared first on Daily Tribune......»»
Settled doctrines on sexual harassment (3)
Sexual harassment engenders three-fold liability: Criminal, to address the wrong committed against society; civil, to address the private wrong against the offended party; and administrative, to protect the public service. Criminal liability for sexual harassment notwithstanding, the offended party may pursue a separate civil action. Aside from the actual perpetrator, the employer or the head of office or institution may also be impleaded in an independent action for damages. They would be solidarily liable for damages if they did not take immediate action on a sexual harassment complaint. Unlike in a criminal action where the penalty is a fine, imprisonment, or both, the penalty in an administrative action is, at most, dismissal from the service. This is because an administrative action seeks to protect the public service by imposing administrative sanctions on the erring public officer. In prosecuting an offender for sexual harassment, the intent is immaterial. The mere commission is sufficient to warrant a conviction. The threshold is whether an act violates and/or threatens the personal space and physical safety of another person, regardless of the motive for committing the act. Guided by the foregoing, let’s take a quick look at actual cases of sexual harassment decided by the Supreme Court. In the case of Escandor v. People (G.R. No. 211962, 6 July 2020), the complainant testified to several acts of sexual harassment, including the respondent’s acts of grabbing her hand, kissing her, engaging in improper conversations, touching her thigh, giving her gifts, telling her that “she was the kind of girl he really wants,” asking her out on dates, and sending her text messages telling her that he missed her, that she looked beautiful, and that he loved her. The complainant stated that these acts made her feel disrespected, humiliated, cheap, uneasy, and frightened. She also could not concentrate on her work, could not sleep, and found herself “staring into empty space.” Without any doubt, the Supreme Court held that the respondent’s acts resulted in an intimidating, hostile, and offensive environment for the complainant, thereby making him guilty of sexual harassment. In another case (A.C. No. 5900, 10 April 2019), a professor was charged for allegedly unwanted sexual advances or innuendos against his students. One of his students recounted that in one of her class recitations, she sought clarification of a question propounded to her, saying, “Sir, come again?” The professor retorted, “What? You want me to come again? I have not come the first time and don’t you know that it took me five minutes to come, and you want me to come again?” In his defense, the professor said the joke was intended for himself and that in fact, the students had laughed at the joke. In ruling against the professor, the Supreme Court stated that the professor’s remarks could not be categorized as an innocent joke meant only to lighten the mood of the class. It was readily apparent that the remark was tasteless, vulgar, and crude and had no place in an academic setting. It was not clever wordplay or a mere statement with a sexual innuendo as its intended meaning was obviously discernible. The professor’s attempt at humor failed miserably as his words clearly referred to himself needing five minutes to ejaculate again. The professor’s statements made the student uncomfortable and embarrassed her in front of her classmates as it went beyond an innocent joke and was instead a gross graphic and insensitive remark. Thus, the Supreme Court ruled that the professor abused the power and authority he possessed over the students. His sexually laced conduct had created a hostile and offensive environment that deeply prejudiced his students. In what was supposed to be a safe place for them to learn and develop, they were instead subjected to unwarranted sexual advances. In another case, however, the Supreme Court clarified that casual gestures of friendship and camaraderie, done during festive or special occasions, and with other people present do not constitute sexual harassment. In Aquino v. Acosta [429 Phil. 498 (2002)], the Supreme Court ruled that the act of greeting a person with a kiss on the cheek, in “beso-beso” fashion, was not shown to have been carried out with lustful and lascivious desire or was motivated by malice or ill motive. The Court explained that pecks on the cheeks should be understood in the context of having been done on the occasion of some festivities, as busses on cheeks were simply friendly and innocent, bereft of malice and lewd design. Ultimately, therefore, it is a matter of respecting each other’s boundaries and creating safe spaces for everyone. For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cabdo@divinalaw.com. The post Settled doctrines on sexual harassment (3) appeared first on Daily Tribune......»»
Clarence Avant, ‘Godfather of Black Music,’ dies at 92
Clarence Avant, the entertainment executive who is counted among the music world's most impactful figures, died over the weekend, a statement from his family said Monday. He was 92 years old. Avant "passed away gently at home" in Los Angeles on Sunday, said his children Nicole and Alex Avant, as well as Nicole's husband, Netflix executive Ted Sarandos. "Through his revolutionary business leadership, Clarence became affectionately known as 'The Black Godfather' in the worlds of music, entertainment, politics, and sports," the statement said. "Clarence leaves behind a loving family and a sea of friends and associates that have changed the world and will continue to change the world for generations to come. The joy of his legacy eases the sorrow of our loss." Avant was born on 25 February 1931 in small-town North Carolina, the oldest of eight. After spending most of his childhood in North Carolina he moved to New Jersey as a teenager, getting his start in the music business as a club manager of Teddy P's Lounge in Newark. He later was mentored by the longtime Louis Armstrong manager Joe Glaser. He went on to become one of the most revered players in music and beyond, an advocate and mentor who pushed the boundaries for Black entertainers in an industry rife with racism. Avant helped establish Venture Records, the first joint effort between a Black-owned music company and a major record label, in this case, MGM. He later launched Sussex Records and signed the likes of Bill Withers. Avant worked at an array of other labels, produced films, and also brokered deals for Black athletes including baseball superstar Hank Aaron. "He's the perennial godfather of our business," Quincy Jones said in 2006, in an interview with Billboard. "Everyone in our business has been by Clarence's desk if they’re smart." 'True pioneer' Avant also consulted at Motown and worked with other top producers including Jimmy Jam and Terry Lewis as well as Babyface. He's been credited with burnishing the careers of countless artists, including Jones as well as Pharrell Williams, Snoop Dogg, and Whitney Houston. "Clarence Avant connects us all through his incredible impact since before I was born up until now. He's the godfather to so many of us -- and not just African Americans, most of the industry," Pharrell said in a statement in 2019, ahead of the release of the Netflix documentary "The Black Godfather." In 2021, Avant's wife of over 50 years, Jacqueline, was fatally shot at age 81, during a break-in of the couple's Beverly Hills home. Earlier that year Avant received special accolades from the Rock and Roll Hall of Fame. The Recording Academy has also bestowed a number of honors on him and in 2007 he received the Thurgood Marshall Lifetime Achievement Award from the NAACP. Tributes to Avant began pouring out upon news of his death, including from Jay-Z's company Roc Nation, which hailed him "a true pioneer" who "burst through doors and tore down ceilings, changing lives and providing opportunities for generations." "Clarence Avant isn't just the 'Godfather Of Black Music,' he is our cultural Godfather," the company said. Bill and Hillary Clinton, the former US president and secretary of state, said in a joint statement they were "saddened by the passing of our friend." "It was impossible to spend time with him and not come away feeling more positive and wanting to follow his example." The post Clarence Avant, ‘Godfather of Black Music,’ dies at 92 appeared first on Daily Tribune......»»
US Justice Dept names special counsel to probe Biden’s son
The US Justice Department on Friday escalated its investigation into President Joe Biden's son Hunter, naming a special counsel amid allegations he engaged in illicit business deals overseas. Attorney General Merrick Garland appointed Delaware federal prosecutor David Weiss, who recently investigated Hunter Biden on tax and gun charges in a case that remains open. Weiss, who opened his probe in 2019, recently revealed that he was investigating Biden along other lines, and Garland said Weiss had requested special counsel status to be able to pursue his probe more widely. "Upon considering his request, as well as the extraordinary circumstances relating to this matter, I have concluded that it is in the public interest to appoint him as special counsel," Garland said. Deals in China, Ukraine Hunter Biden has come under investigation in Congress over business deals he did in China, Ukraine, and elsewhere during and after his father's 2009-2017 term as vice president. A former business associate told Congress recently that Hunter had gotten his father involved in telephone calls with his foreign partners several times. Republicans allege Joe Biden used his political position to help his son -- a claim the president denies. The move comes as Joe Biden is running for reelection, possibly in a rematch with former president Donald Trump, himself accused of felony crimes in the investigation by another Justice Department special counsel, Jack Smith. Garland gave no hint on the subject matter of Weiss' expanded probe, saying his elevation to the special counsel "reaffirms" the independence and authority of his investigation. Last month, the 53-year-old Hunter aborted a plea deal with Weiss over gun and tax charges after a judge pointed out inconsistencies in the agreement. The deal would have seen Biden avoid prison: he would have been sentenced to probation on two tax avoidance counts, and be forced into a counseling and rehabilitation program for the firearms charge. But the deal fell apart after Judge Maryellen Noreika queried why the gun charge was included in a tax case, and whether the agreement protected Biden from charges that might arise from a wider investigation of his business dealings. Biden then entered a not-guilty plea, and the two sides were expected to work out a new agreement. But in a filing in Delaware court on Friday, Weiss said those talks had reached an impasse and withdrew the offer of a plea deal. Instead, he indicated that the tax charges could be expanded to other venues. Republicans say DOJ protecting Biden There was no comment from the White House on Weiss's elevation to special counsel. In a social media post, a Trump spokesperson alleged that the Biden family had been "protected by the Justice Department for decades." "There is overwhelming evidence and credible testimony detailing their wrongdoing of lying to the American people and selling out the country to foreign enemies for the Biden Cartel's own financial gain," the spokesperson said, without offering evidence. Republican House Speaker Kevin McCarthy indicated that the Congressional probe of Hunter Biden will continue. "This action by Biden's DOJ cannot be used to obstruct congressional investigations or whitewash the Biden family corruption," he said on social media. The post US Justice Dept names special counsel to probe Biden’s son appeared first on Daily Tribune......»»
Bogus DoTr liaison entrapped
The police reported yesterday the arrest of a 37-year-old man in Muntinlupa City for allegedly posing as a liaison coordinator for the Department of Transportation to dupe a businessman. Identified as Peejay Giganto Durano, the suspect was arrested by elements of the Criminal Investigation and Detection Group in a sting operation last 31 July. Durano allegedly introduced himself to complainant Rholand Dindo Sioson, a businessman from Valenzuela City, as a liaison Officer from the Office of the President with a special letter of endorsement bearing what turned out to be the forged signature of DoTr Secretary Jaime Bautista. The suspect reportedly convinced Sioson that he could facilitate the processing of the latter’s application for a franchising business, specifically the licensing and registration of motor vehicles with the LTO. With the fake credentials, Durano was able to get from Sioson a total of P405,000 supposedly as the required processing fee, which the latter sent to him through a bank transfer. Durano asked for an additional P100,000 from Sioson which he said was for the release of a department order for the latter’s LTO franchise. Acting on Sioson’s formal complaint, the CIDG-NCR set up an entrapment and gave Sioson marked money to hand to Durano. The exchange took place in Alabang, where Durano was arrested. Durano is now facing charges of violating Article 315 (Large-scale Estafa) in relation to Republic Act 10175, or the Cybercrime Prevention Act, specifically Article 177, on “Usurpation of Authority or Official Function,” and Article 172, on the “Falsification by Private Individual and Use of Falsified Document” of the Revised Penal Code. Sioson presented his case to the Chief Prosecutor of Mandaluyong City, assisted by CIDG investigators Patrolmen Roberto Felipe and Jodar Capati. Four PNP officers based in Camp Crame — P/MSg. Arcadio Manganas Jr. of the Forensic Group; and P/SSg. Jeck Ryan Olarte, P/SSg. Jerome Vicente, and Patrolman Jericho Dela Cruz of the CIDG-NCR Regional Field Unit — handled the booking documentation and disposition of the case. DoTr Secretary Jaime Bautista urged the public not to fall prey to scams using his name because his administration does not condone any illegal activities. The post Bogus DoTr liaison entrapped appeared first on Daily Tribune......»»
Sandiganbayan junks graft cases vs. 2 TRC execs
The Sandiganbayan threw out the graft and malversation raps against two officials of the now-defunct Technology Research Center, formerly the Technology and Livelihood Resource Center, arising from the infamous multi-billion pork barrel scam. For failure of the prosecution to prove their guilt beyond a reasonable doubt, the court's Second Division acquitted TRC deputy director general Dennis Cunanan and corporate support services group manager Francisco Figura. The 57-page ruling signed on 4 August ruled that Cunanan and Figura were "properly entitled to exculpation" because of their timely misgiving and protestation about the PDAF or Priority Development Assistance Fund transactions. The two erstwhile TRC execs with their other co-accused, director general Antonio Ortiz and legislative liaison officer Maria Rosalinda Lacsamana, were indicted with graft and malversation of public funds for the misuse of pork barrel funds of the late Compostella Valley Rep. Prospero Amatong from 2007 to 2013 amounting P10 million. Officials of the Philippine Environmental and Ecological Development Association Inc., chief executive officer Butch Canoy, chief operating officer Vincent Jaudian, vice president Alfredo Soriano, and treasurer Mercy Cabig were their co-respondents in the graft case. The case stemmed from the release of P9.8 million of the TRC to the non-government organization PEEDAI drawn from Amatong's PDAF for the lawmaker's supposed livelihood project in his district. However, the Ombudsman, which filed the case in 2019, later discovered that projects turned out to be non-existent or ghost. The project was awarded to PEEDAI despite its doubtful credentials and non-submission of periodic project reports and liquidation reports, according to the case. According to the Sandiganbayan, the TRC officials allowed PEEDAI "to take possession and thus misappropriate public funds, instead of implementing the said PDAF-funded project in the 2nd District of Compostela Valley, which project turned out to be non-existent." Moreover, Ombudsman said the TRC retained P200,000 as a service fee and cost of livelihood materials. The TRC officials were named co-respondents of multiple lawmakers over the alleged releases of their pork barrel funds to bogus NGOs, such as those formed and controlled by businesswoman Janet Lim-Napoles, the alleged pork barrel mastermind. While Cunanan Figura walked free from the charges, Lacsamana, Canoy, Jaudian, Cabig, and Soriano were found guilty of graft in the same ruling. They were sentenced to up to 10 years behind bars and ordered to return P10 million representing the amount wrongfully and illegally disbursed. Lacsamana was also meted up to 18 years of imprisonment after being found guilty of malversation of public funds. She was ordered to pay a P10 million fine and to reinstitute the government the same amount. The post Sandiganbayan junks graft cases vs. 2 TRC execs appeared first on Daily Tribune......»»
DOTr liaison poser nabbed for usurpation, estafa
Police nabbed a 37-year-old man who posed as liaison coordinator for the Department of Transportation (DOTr) and duped a businessman who wanted to have a franchise for motor vehicle registration with the Land Transportation Office (LTO). Elements of Criminal Investigation and Detection Group - National Capital Region (CIDG-NCR) of the Philippine National Police (PNP) pounced on Peejay Giganto Durano of Muntinlupa City at a sting operation on 31 July in Susana Heights. CIDG-NCR Chief P/Col. Hansel Marantan said on 22 May of this year, Durano introduced himself to complainant Rholand Dindo Sioson, a businessman from Valenzuela City, as a liaison officer from the Office of the President with a special letter of endorsement bearing the forged signature of the Department of Transportation (DOTr) Secretary Jaime Bautista. Marantan said Durano convinced Sioson that he can facilitate the processing of the latter’s application for a franchising business, specifically the licensing and registration of motor vehicles with the LTO. The CIDG-NCR chief said, with fake credentials, Durano was able to get from Sioson a total of P405,000 supposedly as the required processing fee, which the latter sent to him through a bank transfer. Durano even asked for an additional P100,000 from Sioson which he said was for the release of a department order for the latter’s LTO franchise. Acting on Sioson’s formal complaint, Marantan and his men set up an entrapment and gave Sioson marked money to hand to Durano on Alabang, where the exchange was to take place in Alabang where they netted Durano. According to Marantan, Durano is now facing charges of violating Article 315 (“Large-scale Estafa”) in relation to Republic Act 10175 (“Cybercrime Prevention Act”), Article 177 (“Usurpation of Authority or Official Function”), and Article 172 (“Falsification by Private Individual and Use of Falsified Document”) of the Revised Penal Code (RPC). Sioson presented his case to the chief prosecutor of Mandaluyong City, assisted by CIDG investigators Patrolmen Roberto Felipe and Jodar Capati. Four PNP officers based in Camp Crame – P/MSg Arcadio Manganas Jr. of the Forensic Group; and P/SSg Jeck Ryan Olarte, P/SSg Jerome Vicente, and Patrolman Jericho Dela Cruz of the CIDG-NCR Regional Field Unit (RFU) – handled the booking documentation and disposition of the case. CIDG, the primary investigation arm of the PNP, is tasked with investigating and prosecuting all crimes involving economic sabotage and other large-scale crimes that may be committed by highly placed or professional criminal syndicates or organizations. Bautista, on the other hand, issued a stern warning to everyone not to fall prey to scams like this because his administration does not condone any illegal activities. The post DOTr liaison poser nabbed for usurpation, estafa appeared first on Daily Tribune......»»
Confidential and intelligence funds increase P120M in 2024, UP budget cut P2.93B
Budget Secretary Amenah Pangandaman on Thursday confirmed that there will be a P120-million increase in confidential and intelligence funds for the fiscal year 2024. In a Malacañang press briefing, Pangandaman said the increase is due to additional confidential funds allocated to three government agencies. These agencies include the Department of Information and Communications Technology (DICT), the Anti-Money Laundering Council (AMLC), and the Presidential Security Group (PSG). A 2015 joint circular released by five government agencies defines confidential expenses as those of surveillance activities in civilian government agencies. According to the same 2015 joint circular, intelligence funds are those related to intel information-gathering activities of uniformed and military personnel that directly impact national security. Pangandaman justified the increase in the CIF, saying it is necessary to support the government's efforts to protect national security and ensure the safety of the President and other government officials. "The additional funds were allocated for specific purposes. For example, in the case of DICT, the increase is for cybersecurity, which is essential as we push for digitalization," Pangandaman said. "Cybersecurity investment is parallel to our digitalization efforts. Why does it need to be confidential? It's because of the procurement process. You cannot disclose the technical specifications of your cybersecurity projects in the Terms of Reference (TOR) because hackers might see it. If they have access to the specs, our cybersecurity projects and programs won't be effective," she added. Pangandaman said the administration is confident that the proposed allocations for intelligence funds are well-justified. "The additional funds were allocated for specific purposes. We can assure the public that these intelligence and confidential funds will be beneficial to the country," Pangandaman said. In a separate statement, the Department of Budget and Management (DBM) said there also an increase in the CIF in the Armed Forces of the Philippines; National Security Council; Office of the Presidential Adviser on Peace, Reconciliation and Unity, and; the Office of the Ombudsman. Meanwhile, there has been a decrease in the CIF allocated for the Philippine Competition Commission, the National Intelligence Coordinating Agency, and the Department of Justice. On the other hand, the confidential funds of the Office of the President and the Office of the Vice President remain at the same level as the 2023 General Appropriations Act. DBM likewise emphasized the declining percentage contribution of CIF in the national budget in recent years, decreasing from 0.215 percent in 2018, 0.192 percent in 2019, 0.235 percent in 2020, 0.212 percent in 2021, 0.183 percent in 2022, 0.190 percent in 2023, to 0.176 percent in 2024. "With these, the public can remain confident that the disbursement and utilization of the CIF will be done by government agencies with utmost transparency and accountability, in strict adherence to existing guidelines set forth by the Commission on Audit (COA) on the appropriate allocation and use of these funds," DBM said. Budget Cuts Meanwhile, DBM said the budget cut for the University of the Philippines (UP) under the proposed 2024 expenditure plan will not affect student admissions. In the Palace briefing, Pangandaman said the P2.93 billion reduction in the UP budget for 2024 resulted from the removal of budgetary requirements for several infrastructure projects scheduled for completion this year. “So if it's for completion in 2023, we don’t need the funding for 2024,” Pangandaman said. Asked if the budget cut will translate to a reduction in the number of students admitted to UP, Pangandaman said none. The DBM added it also took into account how much of UP's budget was used the year previously when determining the proposed NEP's budget allocation. “Hence, in our review and evaluation of UP’s budget proposals, we considered its absorptive capacity, which is 69.48% as of end-2022,” it said. The post Confidential and intelligence funds increase P120M in 2024, UP budget cut P2.93B appeared first on Daily Tribune......»»
AFP sues Musk’s X over copyright
AFP news agency launched a copyright case in France on Wednesday against social media giant Twitter, recently rebranded X, part of a global struggle to get tech firms to pay for news. Media groups have long argued that their stories and images bring value to platforms like X, Facebook and Google, meaning they should get a slice of the profits. Their cause was boosted by a 2019 EU law that allowed for payments for sharing content under a regime called "neighbouring rights", and Google and Facebook eventually agreed to pay some French media outlets. But AFP has accused X, owned by billionaire tycoon Elon Musk, of a "clear refusal" to engage in discussions on neighbouring rights. AFP said in a statement it had lodged a case with a judge in Paris to force the platform to hand over data that would allow the French news agency to estimate a fair level of compensation. "As a leading advocate for the adoption of neighbouring rights for the press, AFP remains unwavering in its commitment to the cause," the statement said. "The Agency will continue to employ the appropriate legal means with each relevant platform to ensure the fair distribution of the value generated by the sharing of news content." Contacted by AFP, the company was not immediately available for comment. Although media groups in France have won some victories, big tech firms have pushed back hard in other regions. Meta blocked users of Facebook and Instagram in Canada from seeing posts from news organisations this week over a law that mandates compensation for the content. Google has threatened to take similar action. Meta and Google also opposed similar proposals in Australia. The two firms dominate online advertising and stand accused of draining cash away from traditional news organisations while using their content for free. X, as a much smaller platform, has not faced the same level of scrutiny. The post AFP sues Musk’s X over copyright appeared first on Daily Tribune......»»
SC junks celebrity doctor’s appeal
The Supreme Court on Tuesday disclosed that it has dismissed the appeal of celebrity doctor Joel Mendez to set aside the decision of the Court of Appeals affirming the seven-year jail term slapped against him by the Regional Trial Court of Quezon City for violating the provisions of Republic Act 8282 or the Social Security Act of 1997. In a six-page resolution dated 31 July 2023, the High Court’s First Division did not give merit to Mendez’s claim that the CA’s Former Special Eight Division — through Associate Justices Edwin Sorongon, Sesinando E. Villon and Marie Christine Azcarraga-Jacob — committed grave abuse of discretion when they outright dismissed his petition. This stemmed from the petition of Mendez before the SC invoking anew “extrinsic fraud” on the part of his lawyer in seeking reconsideration of the CA’s ruling. The doctor claimed that the failure of his former counsel to attend scheduled hearings for his presentation of evidence and his counsel’s failure to inform him of the hearings and that his presence was required during the proceedings were tantamount to “extrinsic fraud.” Extrinsic fraud refers to “fraudulent act of the prevailing party in litigation committed outside of the trial of the case, whereby the defeated party is prevented from fully exhibiting his side of the case by fraud or deception practiced on him by his opponent, such as by keeping him away from court; by giving him a false promise of a compromise; or where the defendant never had the knowledge of the suit, being kept in ignorance by the acts of plaintiff; or where an attorney fraudulently or without authority connives at his defeat.” The SC, though, held that Mendez’s contention that the failure to present his side due to his former counsel’s negligence constitutes extrinsic fraud, “is untenable.” “As a ground for the annulment of a judgment, extrinsic fraud must emanate from an act of the adverse party, and the fraud must be of such nature as to have deprived petitioner of their day in court,” said the SC. “The fraud is not extrinsic if the act was committed by petitioner’s own counsel. In this light, we have ruled in several cases that a lawyer’s mistake or gross negligence does not amount to the extrinsic fraud that would grant a petition for annulment of judgment,” it added. Also, the SC stressed that Mendez failed to comply with the 60-day period under Rule 65 of the Rules of Court within which to file the present petition questioning the CA decision, adding that Atty. Marc Anthony B. Antonio, one of Mendez’s former counsels, received a copy of the CA resolution dated 16 April 2019 on 2 May 2019. Mendez alleged that Antonio informed him about the resolution only on 19 June 2019. The court added that Mendez — instead of filing the present petition for certiorari within 60 days from 2 May 2019 — secured the services of a new lawyer and filed the petition only on 8 August 2019, or 98 days after Antonio received the CA Resolution dated 16 April 2019. “As keenly observed by the OSG (Office of the Solicitor General, Mendez blames yet again one of his former lawyers who allegedly belatedly informed him of the receipt of the CA Resolution dated 16 April 2019,” the SC said. “This is a self-serving allegation not supported by any evidence and, thus, deserves scant consideration. A party alleging a critical fact must support their allegation with substantial evidence, for any decision based on unsubstantiated allegation cannot stand without offending due process,” it added. To recall, the CA — in its August 2018 decision — denied the petition filed by Mendez seeking to annul the 18 July 2016 decision of QC RTC Branch 88 Presiding Judge Rossana Fe Romero which found her guilty of violating Republic Act 8282. It did not give weight to Mendez’s contentions, stressing that the SC has previously ruled that a lawyer’s neglect in keeping track of the case and his failure to apprise his client of the development of the case do not constitute extrinsic fraud. Mendez, who owns a chain of dermatology clinics in the country, was sentenced to a jail term ranging from six years and one day as minimum to seven years as maximum by the QC RTC. He was also ordered to pay SSS a total of P1,865,657.50 representing unpaid contributions from October 2011 to January 2013 with an interest of three percent per month from July 2015 until full payment. The post SC junks celebrity doctor’s appeal appeared first on Daily Tribune......»»