SC rules Pemberton case closed as appeal withdrawn
The Supreme Court would no longer review the homicide conviction of US Marine Lance Corporal Joseph Scott Pemberton in the killing of transgender Jennifer Laude, after the high court granted his plea to withdraw his appeal......»»
SC allows UN expert to act as friend of the court in Maria Ressa s cyber libel plea
Irene Khan, United Nations (UN) Special Rapporteur for freedom of expression and opinion, has been allowed by the Supreme Court (SC) to sit as an "amicus curiae" to the court in the appeal for the cyber libel case of Rappler.com chief executive officer Maria Ressa and former researcher Reynaldo Santos......»»
Missing sabungeros case: DOJ to appeal bail granted to 6 suspects
The Department of Justice will appeal the ruling of a Manila court granting bail to six suspects allegedly involved in the disappearance of six sabungeros or cockfighting aficionados, DOJ Secretary Jesus Crispin Remulla said yesterday......»»
Ivanka Trump ordered to testify in father’s fraud trial
The New York judge presiding over Donald Trump's civil fraud trial ordered his daughter Ivanka on Friday to testify in the case. Ivanka Trump, 41, was initially named in the lawsuit against Trump and his two eldest sons brought by New York's attorney general but was eventually dropped as a defendant. Trump and his sons Don Jr and Eric are accused of inflating the value of the real estate of the Trump Organization for years to obtain more favorable bank loans and insurance terms. Judge Arthur Engoron dismissed an attempt by Trump's attorneys to quash a subpoena issued to Ivanka Trump by Attorney General Letitia James but gave her until November 1 to appeal the decision. Ivanka Trump served as a senior advisor to her father, the frontrunner for the 2024 Republican presidential nomination, while he was in the White House but has kept a low profile since he left office. She abandoned her roles in the Trump Organization in January 2017, when her father became president and she and her husband, Jared Kushner, both took up posts in his administration. Before that, Ivanka Trump was an executive vice president of the Trump Organization and was notably in close contact with one of the group's biggest lenders, Deutsche Bank, according to the attorney general's office. The 77-year-old Trump and his sons are also expected to testify at some point during the trial being held in Manhattan. The former president does not risk going to jail, but James is seeking $250 million in penalties and the removal of Trump and his sons from management of the family real estate empire. Trump has repeatedly denounced the trial as a Democratic witch hunt intended to derail his 2024 White House bid. The post Ivanka Trump ordered to testify in father’s fraud trial appeared first on Daily Tribune......»»
Case closed: Obiena doping accuser says sorry
The wife of the Olympic gold medalist who accused Asian Games gold medalist pole vaulter EJ Obiena of doping has apologized......»»
Meta quarterly profit jumps but it sees volatility in ad market
Meta on Wednesday reported that its quarterly profit more than doubled from last year's figure as it looks ahead at a volatile ad market and lawsuits accusing it of profiting from "children's pain." "Meta earnings looked pretty good," said independent tech analyst Rob Enderle. "They have clearly cut back on the bleeding surrounding their metaverse efforts and the company appears to be on a more even keel right now." The tech giant said it made a profit of $11.6 billion as ad revenue climbed 23 percent to $34 billion when compared to the same period a year earlier. "We had a good quarter for our community and business," said Meta chief executive Mark Zuckerberg. The number of people using Facebook monthly rose slightly to 3.05 billion in a year-over-year comparison while monthly active users of Meta's "family" of apps was 3.96 billion a 7 percent increase from the same quarter in 2022, the company reported. Meta said it had trimmed costs, with layoffs and other belt-tightening measures started last year providing "greater efficiency." Meta had suffered a rough 2022 amid a souring economic climate and Apple's data privacy changes, which allowed users to block ad targeting, the pillar of Meta's business. Meta's vow of austerity on spending brought an unprecedented round of cost-cutting that saw the company lay off tens of thousands of workers since last November. Meta shares, which closed the formal trading day down, fell more than three percent further in after-hours trades to $289.50. Chief financial officer Susan Li said during an earnings call that Meta is seeing "volatility" in an ad market that started to soften when the conflict between Israel and Hamas began. "It's hard for us to attribute demand softness directly to any specific geopolitical event," Li said. "We have seen broader demand softness follow other regional conflicts in the past, such as in the Ukraine war, so this is something that we're continuing to monitor." Lawsuit peril Analyst Enderle maintained that Meta is at risk from lawsuits poised to damage its image and its wallet. Dozens of US states this week accused Meta of profiting "from children's pain," damaging their mental health and misleading people about the safety of its platforms. "In seeking to maximize its financial gains, Meta has repeatedly misled the public about the substantial dangers of its Social Media Platforms," argued a joint lawsuit filed in federal court in California. The states accused Meta of exploiting young users by creating a business model designed to maximize time they spend on the platform despite harm to their health. In total more than 40 states are suing Meta, though some opted to file in local courts rather than join in the federal case. Meta said the states were singling it out unfairly instead of working with social media companies to develop universal standards for the whole industry. "This landmark lawsuit could herald a seismic shift in how social media platforms approach product features and user engagement," said Insider Intelligence principal analyst Jeremy Goldman. "That said, even as tech stocks face uncertainty, Meta's consistent performance cements its leadership in the digital realm." Meanwhile, the European Union is seeking details on measures Meta has taken to stop the spread of "illegal content and disinformation" in light of the conflict between Israel and Hamas. The AI race The tech giant is putting artificial intelligence into digital assistants and smart glasses as it seeks to gain lost ground in the AI race. "I'm proud of the work our teams have done to advance AI and mixed reality with the launch of Quest 3, Ray-Ban Meta smart glasses, and our AI studio," Zuckerberg said in the earnings release. The second-generation Meta Ray-Ban smart glasses made in a partnership with EssilorLuxottica have a starting price of $299. "Smart glasses are the ideal form factor for you to let AI assistants see what you're seeing and hear what you're hearing," Zuckerberg said. Meta has taken a more cautious approach than its rivals Microsoft, OpenAI, and Google to push out AI products, prioritizing small steps and making its in-house models available to developers and researchers. "The majority of the world's population will have their first experience of generative artificial intelligence with us," Meta chief technology officer Andrew "Boz" Bosworth told AFP in a recent interview. Meta recently unveiled AI-infused chatbots with personalities, along with tools for creating images or written content using spoken prompts. The post Meta quarterly profit jumps but it sees volatility in ad market appeared first on Daily Tribune......»»
REVIEW: ‘KILLERS OF THE FLOWER MOON’ Pure cinematic delight
The plot of Killers of the Flower Moon is rather simple: the shocking true story of the series of mysterious deaths of Native Americans from 1910s to 1930s in the oil-rich Osage Nation in Oklahoma. Called the “Reign of Terror,” this horrific period in American history is marked by the uninvestigated murders of the Osage tribe — the richest people in the world per capita at the time due to the vast deposits of oil found in their reservation. As black gold richly flows in their land, white men descend into the territory and begin to systematically murder the Osage tribe to steal their oil money, or headrights. Greed takes the form of grisly, nonchalant murders, compounded by racial injustice. Director Martin Scorsese takes us to Fairfax 1920s, where one such greedy white man, Ernest Buckhart (Leonardo DiCaprio) arrives in the Osage county from a non-combatant role in World War I. His guts destroyed in the war, he seeks a job from his uncle, King Bill (Robert de Niro), the powerful boss in the area and the mastermind behind the Osage killings but pretending to be a “friend to the Osage.” King Bill tells his nephew to marry a beautiful Osage woman, Mollie (Lily Gladstone) in a scheme to get her headrights. The movie focuses on the “love story” of Ernest and Mollie, and how Mollie is slowly poisoned to death. The colossal running time (3.5 hours) is barely felt. This epic revisionist Western drama is a visual spectacle and should be seen on the big screen to experience Scorsese’s glorious cinematic vision. Scorsese adapted David Grann’s 2017 bestselling non-fiction book on this grim chapter in American history. I haven’t read Grann’s book, but research revealed that it’s chiefly a detective story, with the murders viewed from the lens of the newly formed Bureau of Investigation (now the FBI) headed by Tim White. In The Irish Times interview with Scorsese, the director shared that he and co-writer Eric Roth initially wrote a script that was faithful to the book, with Scorsese’s muse, Leonardo DiCaprio, set to play White. But two years into the writing process, DiCaprio made a suggestion that completely overhauled the script, shifting the focus to Ernest (DiCaprio’s modified role) and Mollie. Lacking momentum The script often feels like it lacks momentum and depth, reducing Ernest and King Bill, and even Jesse Plemons as White, to stock characters. Roth is known for overhyped shallow films such as The Curious Case of Benjamin Button, Forrest Gump and Extremely Loud and Incredibly Close, so he’s partly to blame for the lack of insight into the psychology of the film’s fascinating characters. Plemons came in too late into the show, nearly in the third hour. The film feels like it took its leisurely time to establish the greed and the machinations of the non-threatening King Bill, then realized it is getting too long and finally crammed the investigations into the last hour. Punctuated with dark humor, the movie is crafted to entertain rather than to appeal to our sympathy. This feels rather conflicting and mildly disturbing, as the Osage, victims of greedy white men, and whose story is just now spreading into public consciousness, are merely the sideshow. If they were robbed back then, this film also robs them of central attention, choosing to focus instead on their killers, particularly DiCaprio, with a strong supporting role from Gladstone’s Mollie. The Osage are also depicted as gullible and helpless, and we often crave to understand what goes on in their minds, which the movie does not really provide us. But Scorsese’s films have always been from the POV of the criminals, and the title says it all — so perhaps it is unfair to expect a different narrative. Compelling vision Thankfully, Scorsese, despite the oftentimes frustrating script, manages to redeem the entire film with his compelling vision, orchestrating pure cinematic delight with the film’s stunning cinematography, production design and costume. Despite the focus on the killers, he still redeems the Osage by showcasing, with reverence, their culture and pantheistic religion — their belief in the invisible world of Wah-kon-tah and eventual blend with Christianity. The era’s racism and greed are also profoundly felt in the movie — from the white guardians that controlled the Osage money, to the insurance frauds they were subjected to and, most chilling of all, the calm way the whites murdered the Native Americans, as if these people were mere nuisances. Di Caprio, with his fake sordid teeth, delivers, as always, a competent performance. But it is Gladstone, with her regal beauty and intelligent eyes, that truly shines in the film. Killers of the Flower Moon, despite its imperfections, triumphs in fully immersing the viewer in its story and putting the spotlight on an important chapter in American history. It reminds us that theaters are still a necessity for this kind of epic movie experience. 3.5 out of 5 stars/ In cinemas The post REVIEW: ‘KILLERS OF THE FLOWER MOON’ Pure cinematic delight appeared first on Daily Tribune......»»
Propaganda war
There is a second battlefield that those involved in unavoidable conflicts should consider if they are to win the war. Experts love to call it the propaganda war, one that is fought not on the field, but in the hearts and minds of the international community, which is just as intense and vital as the physical war. In the ongoing Israel-Hamas conflict and the tension between China and the Philippines in the West Philippine Sea, propaganda plays a pivotal role in shaping international perception, gaining domestic support, and influencing the narrative of these disputes. The Israel-Hamas conflict is one of human history’s most enduring and deeply entrenched disputes. Both parties employ propaganda to advance their respective narratives and garner support from both domestic and international audiences. Israel and Hamas turn to propaganda to shape the narrative of the conflict. Israel emphasizes its right to self-defense, portraying Hamas as a terrorist organization that fires rockets indiscriminately at Israeli civilians. On the other hand, Hamas portrays itself as a resistance movement fighting against Israeli oppression, garnering support from various sympathizers. Media manipulation is a crucial aspect of the propaganda war in this conflict. Both sides use social media, videos, and press releases to share their version of events. The viral nature of social media allows these messages to spread quickly and influence public opinion worldwide. Both Israel and Hamas leverage propaganda to portray themselves as victims. Israel highlights the trauma and suffering of its civilians subjected to rocket attacks, while Hamas emphasizes the civilian casualties in Gaza caused by Israeli military operations. The propaganda war in the Israel-Hamas conflict deepens divisions between both sides and makes a peaceful resolution even more challenging. It also has broader implications for regional and international relations, as support for one party over the other can be influenced by the effectiveness of their propaganda efforts. The tension between China and the Philippines in the West Philippine Sea, on the other hand, is characterized by competing territorial claims and power disparities, making propaganda an important tool in the conflict. China has utilized propaganda to assert its territorial claims in the South China Sea, including the West Philippine Sea. The “nine-dash line” map and historical claims are frequently promoted, often without international legal basis. Propaganda is also employed to discredit the Philippines and other claimants. China has accused the Philippines of aggression and portrayed itself as a guardian of regional peace, which may appeal to domestic audiences and some international allies. China’s naval and aerial displays in the South China Sea are often publicized to intimidate and demonstrate its military prowess. These actions are combined with nationalist rhetoric in domestic propaganda to showcase China’s strength and resolve. The use of propaganda in the China-Philippines tension exacerbates regional instability and hinders peaceful negotiations. It raises questions about how diplomacy can succeed in the face of intense nationalist propaganda within China and the resulting pressure on the Philippine government to protect its sovereignty. If you notice, China often resorts to the blame game in countering any protest from the Philippines whenever there are incidents of aggression in the disputed waters. In the case of the latest harassment of Philippine vessels on a resupply mission to Ayungin shoal, China blamed the Philippines for the collision. It immediately sent to the media its video of the incident. The intensity of the propaganda in these conflicts can hinder diplomatic efforts. It reinforces entrenched positions, making it difficult for parties to find common ground. As these conflicts persist, the role of propaganda in perpetuating hostilities and deepening divisions cannot be underestimated. Efforts to promote peace and resolution must be mindful of propaganda’s role in perpetuating these conflicts. The post Propaganda war appeared first on Daily Tribune......»»
Pure cinematic delight
The plot of Killers of the Flower Moon is rather simple: the shocking true story of the series of mysterious deaths of Native Americans from 1910s to 1930s in the oil-rich Osage Nation in Oklahoma. Called the “Reign of Terror,” this horrific period in American history is marked by the uninvestigated murders of the Osage tribe — the richest people in the world per capita at the time due to the vast deposits of oil found in their reservation. As black gold richly flows in their land, white men descend into the territory and begin to systematically murder the Osage tribe to steal their oil money, or headrights. Greed takes the form of grisly, nonchalant murders, compounded by racial injustice. Director Martin Scorsese takes us to Fairfax 1920s, where one such greedy white man, Ernest Buckhart (Leonardo DiCaprio) arrives in the Osage county from a non-combatant role in World War I. His guts destroyed in the war, he seeks a job from his uncle, King Bill (Robert de Niro), the powerful boss in the area and the mastermind behind the Osage killings but pretending to be a “friend to the Osage.” King Bill tells his nephew to marry a beautiful Osage woman, Mollie (Lily Gladstone) in a scheme to get her headrights. The movie focuses on the “love story” of Ernest and Mollie, and how Mollie is slowly poisoned to death. The colossal running time (3.5 hours) is barely felt. This epic revisionist Western drama is a visual spectacle and should be seen on the big screen to experience Scorsese’s glorious cinematic vision. Scorsese adapted David Grann’s 2017 bestselling non-fiction book on this grim chapter in American history. I haven’t read Grann’s book, but research revealed that it’s chiefly a detective story, with the murders viewed from the lens of the newly formed Bureau of Investigation (now the FBI) headed by Tim White. In The Irish Times interview with Scorsese, the director shared that he and co-writer Eric Roth initially wrote a script that was faithful to the book, with Scorsese’s muse, Leonardo DiCaprio, set to play White. But two years into the writing process, DiCaprio made a suggestion that completely overhauled the script, shifting the focus to Ernest (DiCaprio’s modified role) and Mollie. Lacking momentum The script often feels like it lacks momentum and depth, reducing Ernest and King Bill, and even Jesse Plemons as White, to stock characters. Roth is known for overhyped shallow films such as The Curious Case of Benjamin Button, Forrest Gump and Extremely Loud and Incredibly Close, so he’s partly to blame for the lack of insight into the psychology of the film’s fascinating characters. Plemons came in too late into the show, nearly in the third hour. The film feels like it took its leisurely time to establish the greed and the machinations of the non-threatening King Bill, then realized it is getting too long and finally crammed the investigations into the last hour. Punctuated with dark humor, the movie is crafted to entertain rather than to appeal to our sympathy. This feels rather conflicting and mildly disturbing, as the Osage, victims of greedy white men, and whose story is just now spreading into public consciousness, are merely the sideshow. If they were robbed back then, this film also robs them of central attention, choosing to focus instead on their killers, particularly DiCaprio, with a strong supporting role from Gladstone’s Mollie. The Osage are also depicted as gullible and helpless, and we often crave to understand what goes on in their minds, which the movie does not really provide us. But Scorsese’s films have always been from the POV of the criminals, and the title says it all — so perhaps it is unfair to expect a different narrative. Compelling vision Thankfully, Scorsese, despite the oftentimes frustrating script, manages to redeem the entire film with his compelling vision, orchestrating pure cinematic delight with the film’s stunning cinematography, production design and costume. Despite the focus on the killers, he still redeems the Osage by showcasing, with reverence, their culture and pantheistic religion — their belief in the invisible world of Wah-kon-tah and eventual blend with Christianity. The era’s racism and greed are also profoundly felt in the movie — from the white guardians that controlled the Osage money, to the insurance frauds they were subjected to and, most chilling of all, the calm way the whites murdered the Native Americans, as if these people were mere nuisances. Di Caprio, with his fake sordid teeth, delivers, as always, a competent performance. But it is Gladstone, with her regal beauty and intelligent eyes, that truly shines in the film. Killers of the Flower Moon, despite its imperfections, triumphs in fully immersing the viewer in its story and putting the spotlight on an important chapter in American history. It reminds us that theaters are still a necessity for this kind of epic movie experience. 3.5 out of 5 stars/ In cinemas The post Pure cinematic delight appeared first on Daily Tribune......»»
Enrile’s ex-aide fails anew to have plunder case dismissed
The Sandiganbayan has denied the appeal of Jessica Lucila “Gigi” Reyes, the former chief of staff of presidential legal counsel Juan Ponce Enrile, to file a demurrer to evidence that would allow her to seek the dismissal of the plunder case against her without presenting her defense......»»
Sandiganbayan junks ex-BoC exec’s plea
The Sandiganbayan has junked the appeal of an ex-official of the Bureau of Correction and a private defendant convicted of graft over an anomalous sugar deal worth over P10 million in 2000. In a seven-page resolution, the Sandiganbayan Fifth Division turned down the appeal filed by ex-BoC official Benjamin Bongon and Roger Ang, who were found guilty of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) and were sentenced to up to seven years behind bars by the Cebu Regional Trial Court Branch 23 in December 2017. The lower court, likewise, ordered the accused to pay a P10,859,063 fine. The graft case involved the 28,000 bags of unmanifested imported sugar carried by M/V Affy that the BoC seized in 1999 and was later auctioned in 2000. Ang, the proprietor of Consumer Enterprises, won the bidding and deposited P21 million, equivalent to the price of 28,000 bags. However, a composite team reported to Bongon, the erstwhile chief of the Auction and Cargo Disposal Division of the BoC-Port of Cebu, that only 13,753 bags of sugar were offloaded from the vessel and subsequently acquired by Ang. This prompted Ang to refund P10,859,063, corresponding to the surplus of his initial payment of P21,341,600. The post Sandiganbayan junks ex-BoC exec’s plea appeared first on Daily Tribune......»»
Saavedra to appeal dismissal of cases vs Tomas, ex-city officials over Kawit Island deal
CEBU CITY, Philippines – Businessman and whistleblower Crisologo Saavedra is not yet giving up on the criminal and administrative complaints that he filed against former Cebu City Mayor Tomas Osmena and his City Council on the controversial P18 billion Kawit Island deal. Saavedra said he will be filing a petition to ask the Office of the Ombudsman-Visayas to reconsider its earlier decision to dismiss the criminal and administrative complaint that he filed. “I’ll file an MR (motion for reconsideration),” said Saavedra in an interview with CDN Digital. In 2018, Saavedra filed criminal and administrative complaints over the controversial P18 billion Kawit Island deal. The project paved the way for Gokongwei-owned Universal Hotel and Resorts Inc. (UHRI) to establish an integrated casino and resort in the South Road Properties (SRP). But acting Assistant Ombudsman for the Visayas Jane Aguilar, in a 21-page decision promulgated January 27, junked the criminal and administrative cases for ‘lack of substantial evidence’. A copy of the decision was furnished to the media on Oct. 20. Osmeña’s co-respondents in the case were then Councilors Margarita Osmeña, Dave Tumulak, Sisinio Andales, Alvin Arcilla, Eugenio Gabuya Jr., Gerry Guardo, Joy Augustus Young, Mary Ann delos Santos and Franklyn Ong who approved the ordinance that allowed the Gokongwei-owned company to establish an integrated casino and resort in Kawit Island, SRP and UHRI executives Frederick Go, Lance Gokongwei, James Go, Robina Gokongwei-Pe and Patrick Henry Go. Saavedra insisted that Ombudsman-Visayas should look into the technicalities of how the city government awarded the P18-billion project in 2018. He mentioned City Ordinance No. 2154 as his basis, saying that members of the private sector, when entering into joint venture agreements with the government, must meet the “technical and financial qualifications” prescribed by law. “The private participants should have technical and financial capability. I never questioned the financial capability… It is the track record of the corporation, not of the individual offices,” Saavedra added. The Camp of Osmeña has since welcomed the decision of the Ombudsman. ALSO READ: Ombudsman upgrades Saavedra complaint against Tomas Osmeña, 9 others over Kawit Island deal.....»»
The only brief that is long
Jurisprudence holds that the right to appeal is neither a natural right nor a part of due process; it is merely a statutory privilege, and may be exercised only in the manner and in accordance with the provisions of law. (Fenequito v. Vergara Jr., G.R. No. 172829, 18 July 2012). An appeal being a purely statutory right, an appellant or appealing party must strictly comply with the requisites in the Rules of Court. With respect to ordinary appealed cases to the Court of Appeals (CA), Section 7, Rule 44 of the Revised Rules of Civil Procedure requires an appellant to file an Appellant’s Brief with the CA within 45 days from receipt of the notice of the clerk. According to the Supreme Court in Philippine Coconut Authority v. Corona International Inc. (G.R. No. 13991, 29 September 2000), the purpose of the Appellant’s Brief is to present to the court in coherent and concise form the point and questions in controversy and by fair argument on the facts and law of the case, to assist the court in arriving at a just and proper conclusion. Failure to file an Appellant’s Brief within the prescribed period is a ground for the dismissal of the appeal. (Section 1(e), Rule 50 of the Revised Rules) However, the SC clarified in Sindophil Inc. v. Republic (G.R. No. 204594, 07 November 2018) that the use of the permissive “may” in the wording of the above-stated provision means the dismissal of an appeal by the CA is directory and not mandatory. This means that the failure to file an appellant’s brief within the reglementary period would not automatically result in the outright dismissal of the appeal, as the CA is bound to exercise its sound discretion whether to allow the appeal to proceed or not. The SC explained that allowing the appeal despite the failure to file an Appellant’s Brief must be decided by the CA, taking into account all the factors surrounding the case. Its discretion must be exercised with due regard to justice and fair play under the circumstances. In several cases, the question of whether or not to sustain the dismissal of an appeal due to the appellant’s failure to file the Appellant’s Brief had been raised before the SC. In some of these cases, the High Court relaxed the Rules and allowed the belated filing of the Appellant’s Brief. In other cases, however, the Court applied the Rules strictly and considered the appeal abandoned, which thus resulted in its eventual dismissal. Finally, in Government of the Kingdom of Belgium v. Court of Appeals (G.R. No. 164150, 14 April 2008), the SC revisited the cases that it had previously decided and laid down the following guidelines in confronting the issue of non-filing of the Appellant’s Brief: 1. The general rule is for the CA to dismiss an appeal when no appellant’s brief is filed within the reglementary period prescribed by the rules; 2. The power conferred upon the CA to dismiss an appeal is discretionary and directory and not ministerial or mandatory; 3. The failure of an appellant to file his brief within the reglementary period does not have the effect of causing the automatic dismissal of the appeal; 4. In case of late filing, the appellate court has the power to still allow the appeal; however, for the proper exercise of the court’s leniency[,] it is imperative that: (a) the circumstances obtaining warrant the court’s liberality; (b) that strong considerations of equity justify an exception to the procedural rule in the interest of substantial justice; (c) no material injury has been suffered by the appellee by the delay; (d) there is no contention that the appellee’s cause was prejudiced; or (e) at least there is no motion to dismiss filed. 5. In case of delay, the lapse must be for a reasonable period; and 6.Inadvertence of counsel cannot be considered as an adequate excuse to call for the appellate court’s indulgence except: (a) where the reckless or gross negligence of counsel deprives the client of due process of law; (b) when application of the rule will result in outright deprivation of the client’s liberty or property or (c) where the interests of justice so require. The post The only brief that is long appeared first on Daily Tribune......»»
DFA confirms Azurin held by Canadian immigration
Former Philippine National Police chief Gen. Rodolfo Azurin Jr. was intercepted by Canadian immigration personnel upon his arrival at Langley Airport in Canada, the Department of Foreign Affairs confirmed Wednesday. During the budget deliberation on the DFA’s proposed P23 billion for the upcoming fiscal year in the House of Representatives, House Minority Leader Marcelino Libanan inquired about reports of Azurin being held by Canadian immigration authorities. Responding to Libanan’s query, Nueva Ecija Representative Joseph Violago, who sponsored the DFA’s proposed budget before the plenary, positively affirmed the report. “There seems to be a misunderstanding, misinterpretation of what happened. The Canadian government expressed their regrets due to the miscommunication,” Violago said. He noted that Azurin, who resigned from his post in January, voluntarily went back home after being denied from entering Canada. In a separate statement, DFA spokesperson Teresita Daza said that the Philippine government is “in touch” with Canadian authorities regarding Azurin’s case. “The Department is in touch with Canadian authorities and hopes to get a better understanding of the incident soon,” Daza told reporters in a WhatsApp message to reporters. “While our foreign service posts are ready to assist Filipino travelers, including former government officials, these cases have privacy issues surrounding them,” she added. To recall, Azurin resigned from his post in January following Interior and Local Government Secretary Benhur Abalos’ appeal to the high-ranking officials of the PNP to resign from their posts as part of the internal cleansing of the organization. Abalos sought the courtesy resignation of almost 1,000 police colonels and generals to address the alleged return of ninja cops in the PNP. The post DFA confirms Azurin held by Canadian immigration appeared first on Daily Tribune......»»
DOJ’s new tack: certainty of conviction
The Department of Justice (DOJ) is currently working hard on its reformation to further enhance its function and make "certainty of convictions" the norm when filing a case. This is one of the reforms being introduced by Justice Secretary Jesus Crispin Remulla, who is increasing the level of evidence required for a case to be filed in court by the prosecutor. This was disclosed by DOJ Assistant Secretary and spokesperson Atty. Mico Clavano when he guested on Daily Tribune’s "Straight Talk" on Wednesday, 20 September." When asked about the reforms being initiated at the DOJ, Clavano said, "There are several reforms being made by the DOJ right now. One of them is what you mentioned, iyung pagtaas noong level of evidence needed for a case to be filed in court by the prosecutor,” said Clavano. He said that instead of probable cause, which basically means that there’s some evidence to suggest that a suspect probably committed the crime, the threshold is now higher: there must be a certainty of conviction. Clavano mentioned that it would require more evidence to show that a suspect most probably committed the crime, such as pictures or CCTV footage, or an admission of the evidence being investigated by prosecutors. This aligns with another program of the DOJ, which is the case build-up rule, he continued. The case build-up rule requires prosecutors and the police to collaborate closely in the field. This differs from the previous process in which prosecutors, relying on preliminary investigations under Rule 112 of the Rules of Court, merely received complaints from the PNP and assessed whether a case could be filed or not. Now, the process involves prosecutors making a resolution to either file or dismiss the case. Secretary Remulla's order requires prosecutors to accompany the police to the scene of the crime, meaning they are now involved in fieldwork." “Yes, there is fieldwork. So that is the challenge now to prosecutors. Of course, it’s a big change but we appeal to them to understand where the administration is coming from. It will be good for everybody if they, who have interest in the conviction of the person, are there from the very start,” said Clavano. In the past, the police would file the case, and it would be assigned to the prosecutors. This was often considered an accomplishment, but there was a lack of interest in securing the conviction of the person they were trying to prosecute. “The prosecutor wants the person to be convicted because that is the measure of his success. So for him to be there at the very start of the investigation, he can already pick and choose the evidence that is needed to form a strong case. So and then when it comes to his assessment or the prosecutor’s assessment, the level is now higher,” said Clavano. This leads to a reasonable certainty of conviction because the evidence they gather from the ground is now stronger compared to the past when they only received complaints.“ So iyun po iyung magiging dynamics natin ngayon. And it’s very exciting. We’re doing a caravan now around the country explaining the new forms to the police and to the prosecutors, alike; to have a very good collaboration and synergy between the police and prosecutors,” Clavano said. The post DOJ’s new tack: certainty of conviction appeared first on Daily Tribune......»»
Separation pay
Dear Atty. Kathy, I just won the illegal dismissal case I filed in 2013 against my employer, Company A. In my complaint, I asked for reinstatement to my former position. However, during the negotiations for settlement so that I will not appeal my case anymore, Company A said since it has been 10 years and my former position no longer exists, they will just give me separation pay equivalent to my latest 1-month salary for every year of service. Is this justified? Zeny *** Dear Zeny, The Supreme Court has ruled that where reinstatement is no longer an option, payment of separation pay is justified. The lapse of 8 years or more, from the filing of the complaint up to the resolution of the case, has been considered by the Court as “considerable time” to support the grant of separation pay in lieu of reinstatement. In your case, it appears that your reinstatement is an impractical option, considering that 10 years had passed from the time you filed your illegal dismissal complaint in 2013. In such a situation, instead of reinstatement, the Court grants separation pay of one month for every year of service, among other reliefs that a complainant may be entitled to. Separation pay in lieu of reinstatement would therefore be justified in your case. (Julieta B. Sta. Ana versus Manila Jockey Club, Inc., G.R. 208459, 15 February 2017). Atty. Kathy Larios The post Separation pay appeared first on Daily Tribune......»»
DFA: No appealing Ranara verdict
The 15-year prison term of the 17-year-old killer of rape-murder victim Jullebee Ranara has not resulted from an irregularity, the Department of Foreign Affairs said Saturday amid bereaved kin’s outcry that the penalty was too lenient. While the DFA gave its support to Ranara’s family, Undersecretary for Migrant Workers’ Affairs Eduardo de Vega told the Daily Tribune that “there was no whitewashing of the case.” “We told the family that this is the maximum allowed by Kuwaiti law. The accused was not acquitted. There was no whitewashing of the case. In the Philippines, minors are even exempt from criminal responsibility,” he said in a text message. “The prosecution cannot appeal a judgment of acquittal, or even in cases of a conviction, there can be no appeal by the prosecution to raise the penalty,” he said. The DFA, late Thursday, announced that Ranara’s killer was sentenced to 15 years imprisonment by a Kuwaiti juvenile court. On top of the murder conviction, the court also meted another one-year jail term for driving without a license. Ranara was found lifeless in January. She was raped, impregnated, burned, run over, and left for dead in the desert by her employer’s son. The post DFA: No appealing Ranara verdict appeared first on Daily Tribune......»»
California sues oil giants, alleging climate risks deception
The US state of California sued five of the world's largest oil companies on Friday, alleging the firms caused billions of dollars in damages and misled the public by minimizing the risks from fossil fuels, according to a court filing. It follows numerous other cases brought by US cities, counties, and states against fossil fuel interests over the impact of climate change as well as alleged disinformation campaigns spanning decades. The civil case was filed in a superior court in San Francisco against ExxonMobil, Shell, BP, ConocoPhillips, and Chevron, which is headquartered in California. The American Petroleum Institute, an industry group, is also a defendant in the case. "Oil and gas company executives have known for decades that reliance on fossil fuels would cause these catastrophic results, but they suppressed that information from the public and policymakers by actively pushing out disinformation on the topic," the 135-page complaint read. "Their deception caused a delayed societal response to global warming. And their misconduct has resulted in tremendous costs to people, property, and natural resources, which continue to unfold each day." The suit seeks the creation of an abatement fund to pay for future damages caused by climate disasters in California, which is on the front lines of climate change-fueled wildfires, flooding and other extreme weather phenomena. "By downplaying the scientific consensus on climate change and emphasizing uncertainty, Defendants hoped to delay any regulatory action that might seek to reduce or control (greenhouse gas) emissions, thereby threatening the industry's profits," the complaint added. Representatives of the defendants did not immediately reply to requests for comment from AFP. "For more than 50 years, Big Oil has been lying to us -- covering up the fact that they've long known how dangerous the fossil fuels they produce are for our planet," California Governor Gavin Newsom said in a statement on Friday. "California is taking action to hold big polluters accountable," he added. Since the current wave of environmental litigation against fossil fuel firms began around 2017, the industry has sought to avoid state trials on procedural grounds. That effort received a major blow in May when the US Supreme Court declined to consider an appeal in two cases, meaning they could proceed. The lawsuits are modeled on successful cases against Big Tobacco as well as against the pharmaceutical industry over the proliferation of opioids. The post California sues oil giants, alleging climate risks deception appeared first on Daily Tribune......»»
House panel mulls Ombudsman proposal on CoA reports
The House Committee on Appropriations, whose primary jurisdiction includes appropriating expenditure for the national government and its agencies, is open to keeping findings of the Commission on Audit off the record in view of Ombudsman Samuel Martires’ proposal to call a halt to the publication of Annual Audit Report or AAR. Contrary to the senior vice chair, Marikina Rep. Stella Qumbo’s earlier pronouncement that the panel will retain the CoA’s regular publication of initial audit observation memorandum or AOM, Ako Bicol Rep. Elizaldy Co, the committee chairperson, said Saturday he is open consider Martires's suggestion of removing the publication of AAR from the general provision of the General Appropriations Act or annual budget, which the ombudsman deemed “causes confusion” to the public. According to Co, his panel “will carefully evaluate the impact and implications” of the disposal of the AAR. “I understand the concern about preventing premature judgments and confusion among the public when reading audit reports. The impact of such publications on government officials' reputations is an important consideration,” Co said. In the deliberation of the Ombudsman’s P4.98-billion proposed budget for 2024 last week, Martires called to remove the publication requirement of the CoA’s initial AOM for each government agency to stave off premature corruption judgment against government officials. “When a case is filed and the case is dismissed, the problem is it creates an innuendo that the ombudsman earned,” Martires said. “I appeal to Congress to take a second look at this.” While Co’s commitment came late, still, he still vowed that Martires’ proposal would be “discussed thoroughly, and we will engage in a comprehensive review to determine the best course of action in line with our commitment to transparency and accountability in government.” Martires’ proposal drew backlash from the public and lawmakers, including ACT Teachers Partylist Rep. France Castro, who strongly opposed the granting of confidential funds to various government agencies. Martires made headlines right after his pronouncement. Days after, he, however, assured the public that the Ombudsman “is not protecting erring and corrupt government officials and employees with its firm belief that only the Final Audit Report ought to be published and shared with the public since the Annual Audit Report could still be taken up on appeal before the COA en banc and the Court.” Quimbo had previously disclosed that the panel will proceed with the CoA reports publication, and that the 2024 proposed P5.7 trillion national budget has only undergone two adjustments, including eliminating the necessity that Congress submit reports to the executive department. The post House panel mulls Ombudsman proposal on CoA reports appeared first on Daily Tribune......»»
California sues oil giants, alleging climate risks deception
The US state of California sued five of the world's largest oil companies on Friday, alleging the firms caused billions of dollars in damages and misled the public by minimizing the risks from fossil fuels, The New York Times reported. It follows numerous other cases brought by US cities, counties and states against fossil fuel interests over the impact of climate change as well as alleged disinformation campaigns spanning decades. The civil case was filed in superior court in San Francisco against Exxon Mobil, Shell, BP, ConocoPhillips and Chevron, which is headquartered in California. The American Petroleum Institute, an industry group, is also a defendant in the case, The New York Times said. The companies and their allies "intentionally downplayed the risks posed by fossil fuels to the public, even though they understood that their products were likely to lead to significant global warming," dating back to the 1950s, the suit alleged, according to the newspaper. Representatives of the defendants did not immediately reply to requests for comment, it added. The California case seeks the creation of an abatement fund to pay for future damages caused by climate disasters in the state, which is on the front lines of climate change-fueled wildfires, flooding and other extreme weather phenomena. "Oil and gas company executives have known for decades that reliance on fossil fuels would cause these catastrophic results, but they suppressed that information from the public and policymakers by actively pushing out disinformation on the topic," the 135-page complaint reads, according to the Times. "Their deception caused a delayed societal response to global warming. And their misconduct has resulted in tremendous costs to people, property, and natural resources, which continue to unfold each day." Since the current wave of environmental litigation against fossil fuel firms began around 2017, the industry has sought to avoid state trials on procedural grounds. That effort received a major blow in May when the US Supreme Court declined to consider an appeal in two cases, meaning they could proceed. The lawsuits are modeled on successful cases against Big Tobacco as well as against the pharmaceutical industry over the proliferation of opioids. The post California sues oil giants, alleging climate risks deception appeared first on Daily Tribune......»»
British nurse jailed for killing seven babies lodges appeal
A British nurse jailed for life for murdering seven newborn babies and attempting to kill six others has lodged a legal bid to appeal her conviction, court officials said Friday. Staff at the Court of Appeal of England and Wales, confirmed an application had been received from Lucy Letby for permission to appeal against all her convictions. Applications for permission to appeal against a lower crown court decision are typically considered by a judge without a hearing. If this is refused, permission can still be sought at a full court hearing before two or three judges. Letby, 33, was convicted last month of killing five baby boys and two baby girls, making her the UK's most prolific child serial killer in modern history. She was arrested following a string of deaths at the neonatal unit of the Countess of Chester Hospital in northwest England between June 2015 and June 2016. She consistently denied all the charges. The jury in Letby's months-long trial cleared her of two counts of attempted murder and were unable to reach decisions on six other counts. Prosecutors are expected to confirm whether or not they will seek a re-trial on those charges next week. The government has announced an independent inquiry into her shocking case to examine how the concerns of clinicians were dealt with by the Chester hospital managers. The post British nurse jailed for killing seven babies lodges appeal appeared first on Daily Tribune......»»